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HomeMy WebLinkAboutContract 58235-A1CSC No. 58235-A1 FIRST AMENDMENT TO MEMBERSHIP AGREEMENT BETWEEEN THE CITY OF FORT WO TH AND INDUSTRIOUS AUS 823 CONGRESS AVENUE LLC This First Amendment to Membership Agreement (this "Amendment") is made and entered into as of May 9 , 2023 (the "Effective Date"), by and between Industrious Aus 823 Congress Avenue LLC ("Industrious") and the City of Fort Worth, Texas ("City"). RECITALS: WHEREAS Industrious and City entered into that certain Membership Agreement with Addendum dated effective as of October 13, 2022 (the "Agreement") for the use of office space as more particularly described therein; and WHEREAS on April 25, 2023, the City provided notice to Industrious that the City elected not to renew the Contract beyond June 30, 2023; and WHEREAS Industrious and City now desire to amend the Agreement to allow for an updated monthly fee and security deposit for the month of June. AGREEMENTS: NOW, THEREFORE, in consideration of the premises and the mutual agreements herein set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Industrious and City do hereby agree as follows: Section 1. Monthly Fee and Security Denosit. The City shall have access to and services relating to the following office space for the month of June at the following terms: Office No(s). Office Size Monthly Fee CH Discount Security Conference (Seats) Deposit Room Allowance AUSCON002 3 $3,411.45 3% discount off Monthly Fee for payments made by ACH via Industrious' billing portal $487.35 8 hours per month Section 2. Ratification. Except as expressly amended hereby, the Agreement and all rights and powers created thereby or thereunder are in all respects ratified and confirmed and remain in full force and effect. Where any paragraph of the Agreement is modified or deleted by this Amendment, any unaltered provision of such paragraph of the Agreement shall remain in full force and effect. However, where any provision of this Amendment conflicts or is inconsistent with the Agreement, the provision of this Amendment shall control. CSC No. 58235-A l OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 3 CSC No. 58235-Al Section 3. Definitions and References. Terms used herein, which are not otherwise defined or modified herein but which are defined in the Agreement, shall have the meanings therein ascribed to them. Section 4. Miscellaneous. This Amendment (a) shall be binding upon and inure to the benefit of Industrious and City and their respective successors and assigns; (b) may be modified or amended only by a writing signed by each party hereto; (c) shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America; (d) may be executed in any number of counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument; (e) delivery of an executed counterpart of this Amendment by email in portable document format (PDF) shall be as effective as delivery of a manually executed counterpart hereof; and (f) embodies the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, consents and understandings relating to such subject matter. The headings herein shall be accorded no significance in interpreting this Amendment. [signature page follows] CSC No. 58235-A 1 Page 2 of 3 CSC No. 58235-Al ACCEPTED AND AGREED: CITY: City of Fort Worth By: Name: Reyne Telles Title: Chief of Communications Reyne C lh'fles (May 9, 2023 13:37 CDT) Date: May 9, 2023 Approval Recommended: T. T. Patterson, Tr By: T. J. Patterson, Jr. (May 9, 202312:31 CDT) Name: T.J. Patterson, Jr., Esq. Title: Director of Legislative Affairs Government Relations Department Attest: A .;:SRcs By: Name: Jannette S. Goodall Title: City Secretary 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. T. T. PA*arson, T� By: T. J. Patterson, Jr. (May 9, 202312:31 CDT) Name: T.J. Patterson, Jr., Esq. Title: Director of Legislative Affairs Government Relations Department Approved as to Form and Legality: By: Name: Matthew A. Murray Title: Assistant City Attorney Contract Authorization: M&C: Not required INDUSTRIOUS AUS 823 CONGRESS AVENUE LLC: swdfrttw ser' By: Svdnev Serpa (May , 202312:18 CDT) Name: Sydney Serpa Title: Community Manager Date: May 9, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 58235-A 1 Page 3 of 3