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HomeMy WebLinkAboutContract 53432-A1 CSC No. 53432-A1 FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SCHNEIDER RESOURCES,INCORPORATED UNDER CITY SECRETARY CONTRACT NO. 53432 This FIRST AMENDMENT OF FORT WORTH CITY SECRETARY CONTRACT (CSC) No. 53432 ("FIRST AMENDMENT") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), acting herein by and through Dana Burghdoff, its duly authorized Assistant City Manager, and Schneider Resources, Inc. ("Tenant"), acting herein by and through James P. Bauer, its duly authorized Director of Real Estate. City and Tenant are individually referred to as a"party" and collectively referred to as the"parties". WHEREAS, on January 15, 2020, per City Secretary Contract No. 53432, the parties entered into a lease agreement for Tenant to utilize approximately 6.14 acres of the parking lot space ("Lot") and approximately 1.7 acres of ground space ("Ground"), collectively the "Leased Premises," located at 2000 Eagle Parkway, Fort Worth, Texas 76177 at the Alliance Fort Worth Maintenance Facility for the Tenant's truckload, intermodal and logistics services ("Lease"); and WHEREAS,the Tenant,due to a change in its operations,has requested to reduce the size of the Lot to approximately 3.2 acres; and WHEREAS, additionally, the Tenant has requested to extend the Primary Term of the Lease for an additional three (3)years, allowing the Lease to continue until January 15, 2026; WHEREAS,the City is amenable to Tenant's proposals and therefore,the parties,through this FIRST AMENDMENT,would like to amend the lease to reflect the updated Leased Premises, correctly identify the new rental amounts due to the reduced Lot size, add an additional 3 years to the Term under the Lease, and update the Exhibit A under the Lease to reflect the new Leased Premises. NOW THEREFORE, in consideration of the covenants and agreements set forth in the Lease and herein, Tenant and City agree to amend the Lease as follows: 1. Paragraph 1,"PREMISES"of the Lease is hereby amended by changing the size of the "Lot" from 6.14 acres to 3.2 acres. 2. Paragraph 3(a),"Primary Term"of the Lease is hereby deleted in its entirety and replaced with the following: OFFICIAL RECORD First Amendment to City Secretary Contract No. 53432 CITY SECRETARY FT.WORTH,TX 1 (a) Primary Term: Subject to the earlier termination as hereinafter set forth, this Agreement shall be for a term("Lease Term")of six(6)years, commencing on January 15, 2020 and expiring on January 14, 2026. 3. Paragraph 4,"Lease Fee; Time of essence"under the Lease is hereby amended by changing the monthly Lease Fee from $22,091.00 to $12,873.42 and updating the chart reflecting the breakdown in Lease Fees as follows: Square Footage Price/SF Annual Fee Monthly fee Lot Space 139,392 (3.2 $0.864 $120,434.68 $10,036.22 acres) Ground 74,014(1.7 acres) $0.46 $34,046.44 $2,837.20 Space Total $154,481.12 $12,873.42 4. Exhibit"A"under the Lease is hereby deleted in its entirety and replaced with the Exhibit"A"of this FIRST AMENDMENT. 5. As a condition of this FIRST AMENDMENT, Tenant agrees to move the existing fence line to the boundaries of the new reduced space of the Lot at Tenant's expense, as further described in Exhibit"B" of this FIRST AMENDMENT. 6. All other terms and conditions of the Lease remain unchanged and in full force and effect. <SIGNATuRES APPEAR ON FOLLOWING PAGE> First Amendment to City Secretary Contract No. 53432 2 EXECUTED this Ist day of Dec. , 2022. LESSEE: CITY OF FORT WORTH LESSOR: SCHNEIDER RESOURCES,INC. Dana BurAhdoFF F• Dana aurghdoff(Nov 22,202214:Q5 CST) Dana Burghdoff Assistant City Manager Name: amen P. Bauer Title: Director of Real Estate Date: CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Mark Bro n(Nov 21,2 Title: Lease Manager,Property Management Department APPROVED AS TO FORM AND LEGALITY: By: Thomas Royce Hansen Assistant City Attorney Q@ nad pp°........�L d ATTEST: By: Jannette S.Goodall(Nov 22,202216:17 CST) dpa4 nEXA4od' Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY Form 1295: NA FT.WORTH,rx Contract Authorization: M&C: NA Date: First Amendment to City Secretary Contract No. 53432 3 EXHIBIT "A" Leased Premises Aerial View r a�. M ,I y 4 ,'y Leased Premisesb a Pt" fI i r ing.A.rea 3.2Acres Leased Premises "Ground'Area'1.7Arres 41 i'ii y; # U r W -,�mod' I�((1 "�',A•w�J r� I -- < First Amendment to City Secretary Contract No. 53432 4 Leased Premises Close up view Opp 01!5Zrtw ice - t A Y First Amendment to City Secretary Contract No. 53432 5 EXHIBIT "B" 1 ' 1 1 140,'12q S.F. 1 . (3.2 ,ACRES) i 1 t 1 � 1 � I I 1 POTENTIAL GATE w4 LOGATlON5 y First Amendment to City Secretary Contract No. 53432 6