HomeMy WebLinkAboutContract 58235-A2CSC No. 58235-A2
SECOND AMENDMENT TO MEMBERSHIP AGREEMENT
BETWEEEN THE CITY OF FORT WORTH AND
INDUSTRIOUS AUS 823 CONGRESS AVENUE LLC
This Second Amendment to Membership Agreement (this "Amendment") is made and
entered into as of September 22 , 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 May 9, 2023, the City and Industrious amended the Agreement for the first
time to allow for an updated monthly fee and security deposit for the month of June; and
WHEREAS the City provided notice to Industrious that the City elected not to renew the
Contract beyond September 30, 2023; and
WHEREAS Industrious and City now desire to amend the Agreement to allow the
Agreement to be extended on a month -to -month basis after September 30, 2023.
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. Term, Monthly Fee, and Security Deposit. After September 30, 2023, the City
shall have access to and services relating to the following office space on a month -to -month
basis of at the following terms:
Office No(s).
Office Size
(Seats)
Monthly Fee
ACH Discount
Security
Deposit
Conference
Room Allowance
AUSCON002
3
$3,411.45
3% discount off
Monthly Fee for
payments made by
ACH via
Industrious' billing
portal
Pre -paid
8 hours per
month
OFFICIAL RECORD
CITY SECRET RY
FT. ORM, TX
CSC No. 58235-A2
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CSC No. 58235-A2
Section 2. Termination. The City may terminate the Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination. The City shall owe
no fees or amounts to Industrious accruing after the date of termination under the Agreement.
Section 3. 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.
Section 4. 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 5. 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-A2 Page 2 of 3
CSC No. 58235-A2
ACCEPTED AND AGREED:
CITY:
City of Fort Worth
By: Reyas . I ",a a � 2QV,
��~ II 2023 a S2.
Name: Reyne Telles
Title: Chief of Communications
Date:
Approval Recommended:
By: Thomas au ' .2
Name: T.J. Patterson, Jr., Esq.
Title: Director of Legislative Affairs
Government Relations Department
Attest:
By:
P
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.
mad -
By: lallaaauaiirrw^,,a Patter
Yu (Sep 20, 2,02,310:: 9
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:
B s dhe set .. Ire y: Sy
dney 2,�a„u lama (Sep2,QD, 2QD ,a n QD :n;a d;
Name: Sydney Serpa
Title: Community Manager
Date: 09/20/2023
OFFICIAL RECORD
CITY SECRET a RY
FT.. '....'ORM, TX
CSC No. 58235-A2
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