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HomeMy WebLinkAboutContract 45831-A3CSC No. 45831-A3 THIRD AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 45831 This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 45831 ("Amendment") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas and THE ORGANIZATION OF HISPANIC CONTRACTORS INC. d/b/a REGIONAL HISPANIC CONTRACTS ASSOCIATION ("Lessee"), a Texas Nonprofit Corporation, acting by and through Bill Anderson, its duly authorized Director of Lending, each individually referred to as a "party" and collectively referred to as the "parties." RECITALS The following statements are true and correct and form the basis of this Amendment. WHEREAS Lessee entered into City Secretary Contract No. 45 83 1, a Lease Agreement for the use of approximately 138.7 square feet of office space on the first floor, designated as Suite No. 114, in the building known as the "James E. Guinn School Building" located at 1150 South Freeway, Fort Worth, Texas 76104 (the "Lease"); WHEREAS, the Lease provides for a five (5) year initial term with two (2) consecutive options to renew the Lease for terms of five (5) years each; WHEREAS, the initial term of the Lease expired on March 1, 2018; WHEREAS, since the expiration of the initial term of the Lease, the parties executed: (1) the first renewal term as provided under the Lease, commencing on March 1, 2018 and ending on March 1, 2023 and (2) the first amendment, where the Lessee's designated suite changed from Suite 114 to Suite 109; WHEREAS, since the expiration of the first renewal term of the Lease, the parties have continued to operate as if the Lease were in full force and effect WHEREAS, the Lessor and Lessee now wish to exercise the second renewal term as provided under the Lease, commencing on May 1, 2023 and ending on March 1, 2028; WHEREAS Lessor and Lessee wish to amend the Lease to re -assign the space allotted to Lessee from Suite 109 to Suite 130 and Suite 133 which allows Lessee to a new total space of 448 square feet at a rate of $12.52 per square foot per year for a total rent amount of $5,608.96 per year or $467.41 per month; WHEREAS Lessor and Lessee also wish to amend the Lease to allow for the Lease to be more easily terminated in the event that Lessor conveys, closes, or materially alters the use and purpose of the James E. Guinn School Building. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Third Amendment to Fort Worth City Secretary Contract No. 45831 Page 1 of 5 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. Amendment of Leased Premises. Section 1 of the Lease, "Property Leased," is hereby deleted in its entirety and replaced with the following: PROPERTY LEASED Lessor hereby leases to Lessee and Lessee hereby leases from Lessor approximately 448 square feet on the first floor, designated as Suite No. 130 and Suite No. 133, in the building known as the "James E. Guinn School" ("Building") located at 1150 South Freeway, Fort Worth, Texas 76104. Lessor reserves the right to re -assign space allocated to Lessee in the Building, with reasonable notice to Lessee, if deemed necessary by Lessor for the highest and best use of the Building. 3. Amendment of Term. Section 2.3 of the Lease, "Term of Lease," is hereby deleted in its entirety and replaced with the following: 2.3 In the event that Lessor determines to convey, close, or materially alter the use and purpose of the Building, Lessor shall provide written notice to Lessee of such determination and, notwithstanding anything to the contrary, this lease may be terminated by Lessee with 30-days' written notice of termination. Such termination shall not be considered an Event of Default (as hereinafter defined in Paragraph 13) shall not entitle Lessor to exercise the rights and remedies given in Paragraph 13. 4. The statements set forth in the recitals above are true and correct and form the basis upon which Lessor and Lessee have entered into this Amendment. The Lease is a public document on file in Lessor's City Secretary's Office and is incorporated herein by reference for all purposes. All other provisions and conditions of the Lease that are not expressly amended herein or directly in conflict with the provisions and conditions of this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the 18 day of May , 2023. Third Amendment to Fort Worth City Secretary Contract No. 45831 Page 2 of 5 [signature page follows] LESSOR: CITY OF FORT WORTH: By: William Joh-on(M 18,202316:17 CDT) William Johnson Assistant City Manager Date: May 18, 2023 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared William Johnson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of William Johnson and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18th day May , 2023. Selena Ala (Mav 18.2023 16:44 CDT) 6 SELENA ALA Notary Public in and for the State of Texas ORpRYP _ Notary Public *®* STATE OF TEXAS Notary I.D. 132422528 9�OF My Comm. Exp. Mar. 31, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Third Amendment to Fort Worth City Secretary Contract No. 45831 Page 3 of 5 APPROVED AS TO FORM AND LEGALITY: By: Jeremy Anato-Mensah Assistant City Attorney M&C: L-15672 Approval Date: 03/25/2014 pa44�nn�� �� FORr�aad ATTEST: o:o ° o�'-�o �°o o= o a dpa* o oo *�a �,°°°°°°sop as By: Jannette S. Goodall 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. By: Robert Stums Economic Development Director OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Third Amendment to Fort Worth City Secretary Contract No. 45831 Page 4 of 5 LESSEE: REG NAL HISPANIC CONTRACTORS ASSOCIATION hn H. Martinez CA President & CEO Date: I y — Z () ;_-� STATE OF TEXAS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John H. Martinez, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of John H. Martinez and that he executed the same as the act of Regional Hispanic Contractors Association for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day M Cl A , 2023. JACQLEUNE RFtEZ / 4t1ul3lic in an f r the State of Texas Notary PubN; Stabs of Taal My Cw m EqL t1&V-2= ID No. UM145.1 Third Amendment to Fort Worth City Secretary Contract No. 45831 Page 5 of 5