HomeMy WebLinkAboutContract 47008-A1CSC No. 47008-A1
FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE
CITY OF FORT WORTH AND
WASTE MANAGEMENT OF TEXAS, INC UNDER
CITY SECRETARY CONTRACT NUMBER 47008
This FIRST AMENDMENT to the City Secretary Contract ("CSC") No. 47008
("First Amendment") is made and entered into by and between City of Fort Worth, a home
rule municipal corporation, acting by and through its duly authorized Assistant City Manager,
Dana Burghdoff ("Landlord"), and Waste Management of Texas, Inc., a Texas corporation,
acting by and through its duly authorized President, Donald J. Smith (" Tenant").
WHEREAS, Landlord is owner of a certain real property and improvements thereon
located at 5000 Martin Luther King Freeway, Fort Worth Texas, 76119, more particularly shown
in Exhibit "A" (MLK Property);
WHEREAS, Landlord and Tenant are parties to a certain lease agreement
("Agreement"), executed September 15, 2015 (CSC No. 47008) for Tenant's use of a portion of
the MLK Property;
WHEREAS, Per Section 3.01 Term. of the Agreement, the parties have the right to
amend the Agreement to extend the term to coincide with the extended term of the Waste
Collection Contract between Landlord and Tenant under CSC No. 28538-E2 which expires
March 31, 2033; and
WHEREAS, Landlord and Tenant now desire to amend the Agreement to extend the
length of the lease term to conform with CSC No. 28538-E2.
NOW THEREFORE, in consideration of the provisions contained herein and other
good and valuable consideration, the receipt and legal sufficiency of which are hereby
acknowledged, the City and Tenant agree to amend the Agreement as follows:
Section 3.01, "Term" of the Agreement is hereby deleted in its entirety and replaced with
the following:
Section 3.01 Term. The term of this Agreement ("Term") shall
commence on the date upon which the parties execute a commencement date
memorandum, in substantial compliance with the form attached hereto as Exhibit
"D" - Commencement Date Memorandum ("Commencement Date
Memorandum"), which date is referred to herein as the "Commencement Date".
The Commencement Date Memorandum shall not be executed until the
Conditions Precedent are met. The Term shall expire on March 31, 2033, which is
the expiration of the Waste Collection Contract, unless terminated earlier as
provided herein. Consistent with the Waste Collection Contract, the parties shall
have the right to amend this Agreement to extend the term to coincide with the
First Amendment to CSC 47008 OFFICIAL RECORD
Between City of Fort Worth and CITY SECRETARY
Waste Management of Texas, Inc.
FT. WORTH, TX
term of the Waste Collection Contract; provided that any amendment of the Lease
shall be agreed to in writing by the Parties and must be approved by the Fort
Worth City Council.
2.
The Agreement, as amended hereby, remains in full force and effect. Capitalized terms,
not hereby defined, have the meanings assigned to them in the lease. This First Amendment shall
be signed in separate counterparts. Facsimile signatures shall be deemed originals.
[ signature page following]
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EXECUTED on this day of 22 day of March 2023
LESSOR: LESSEE:
CITY OF FORT WORTH WASTE MANAGEMENT OF TEXAS,
INC.
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Dana Burghd°ff (Mar 22, 20231 :00 CDT) Rick— (M-2,-11:05 CDT)
By:
Dana Burghdoff Name: Rick Losa
Assistant City Manager Title: Director, Public Sector Solutions
City of Fort Worth 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.
Mark Bro n (Mar 22, 2023 12:46 CDT)
Name: Mark Brown
Title: Lease Manager, Property Management Department
APPROVED AS TO FORM
AND LEGALITY:
Jeremy Anato-Mensah
Asst. City Attorney
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Jannette S. Goodall
City Secretary
Contract Authorization
M&C: 23-0232
Date: 3/21/2023
1295: NA
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3
Exhibit "A"
M
M&C Review Page 1 of 2
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Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND FOR H
Create New From This M&C
DATE: 3/21/2023 REFERENCE **M&C 23- LOG NAME: 215000 MLK FIRST
NO.: 0232 LEASE AMENDMENT
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 5 / Future CD 11) Authorize the Execution of a First Amendment to the Lease
Agreement Between the City of Fort Worth and Waste Management of Texas
Incorporated (City Secretary Contract No. 47008) to Extend the Lease Term for Use of a
Portion of the Property Located at 5000 Martin Luther King Freeway, Fort Worth, Texas
76119 to Coincide with the Extended Term of the Waste Collection Contract (City
Secretary Contract No. 28358-E2)
RECOMMENDATION:
It is recommended that City Council authorize the execution of a First Amendment to the Lease
Agreement between the City of Fort Worth and Waste Management of Texas Incorporated (City
Secretary Contract No. 47008) to extend the lease term for use of a portion of the property located
at 5000 Martin Luther King Freeway, Fort Worth, Texas 76119 to coincide with the extended term of
the Waste Collection Contract between the City of Fort Worth and Waste Management of Texas (City
Secretary Contract No. 28358-E2).
DISCUSSION:
On September 14, 2015 the City of Fort Worth (City) entered into a lease agreement with Waste
Management of Texas (WMTX) to lease a portion of the City owned real property and improvements
located at 5000 Martin Luther King Freeway, Fort Worth, Texas 76119 (Leased Premises) (City
Secretary Contract No. 47008).
Per Section 3.01 of the lease agreement, the lease term is to coincide with the current lease term for
the Waste Collection Contract (WCC) which was extended to expire March 31, 2033 (City Secretary
Contract No. 28358-E2).
Consistent with the WCC, the City and WMTX desire to amend lease agreement (City Secretary
Contract No. 47008) to extend the term to expire March 31, 2033.
Per the terms of the lease agreement, City is applying rent credits to offset the cost of the
improvements to the Leased Premises completed by WMTX at their expense.
Due to the cost of the improvements, the base rent will be offset by rent credits and no base rent will
be due from WMTX during the extended term.
This property is located in Council District 5 / Future Council District 11.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of the recommendation will have no material effect on
City funds.
TO _
Fund Department Account 1 Project Program Activity Budget Reference # Amount
ID ID 1� Year (Chartfield 2)��
FROM
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30859&councildate=3/21/2023
3/22/2023
M&C Review Page 2 of 2
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
M AND C MAP 5000 MLK.pdf (Public)
Dana Burghdoff (8018)
Steve Cooke (5134)
Mark Brown (5197)
Lisa Alexander (8367)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30859&councildate=3/21/2023 3/22/2023