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HomeMy WebLinkAboutContract 52485-A1DocuSign Envelope ID: A655F72D-6931-44DF-8524-2484D448FCFA CSC No. 52485-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 52485 WHEREAS, the City of Fort Worth, a Texas home rule municipal corporation ("Lessor") entered into a Lease Agreement (City Secretary Contract No. 52485) effective as of December 1, 2019 (the "Lease") with the Hertz Corporation, a Delaware Corporation ("Lessee") with respect to property located at 917 Taylor Street, Fort Worth, Texas, 76102; WHEREAS, Lessor granted Lessee the exclusive right to use the Leased Premises, which includes approximately 914 square feet of office space and twenty (20) parking spaces, as more fully described in the Lease; WHEREAS, the Term of the Lease shall expire at midnight on November 30, 2023; and WHEREAS, Lessor and Lessee now desire to amend the Lease to extend the Term, add additional spaces to the Parking Premises, adjust the Rent, and allow Lessee to convert up to two (2) spaces within the Parking Premises into electric vehicle charging stations. NOW THEREFORE, in consideration of the covenants and agreements set forth in the Lease and herein, the parties agree to amend the Lease as follows: 0 The term "Parking Premises" is deleted in its entirety and replaced with the following: (1) effective December 1, 2023, six (6) parking spaces located on the first floor, level A of the Garage, thirty-one (3 1) non-contiguous parking spaces located on the sixth floor of the Garage, and three (3) contiguous spaces in the Motor Pool Lot; and (2) effective April 1, 2024, the spaces described in A(1) plus an additional ten (10) parking spaces to be designated according to availability on such date and reflected on an addendum to Exhibit A to be provided by Lessor to Lessee no later than April 30, 2024. ARTICLE TWO of the Lease is deleted in its entirety and replaced with the following: Section 2.01. Subject to the covenants and conditions herein contained, Lessee shall have and hold the Leased Premises for a term of three (3) years commencing on December 1, 2023 and ending at midnight on November 30, 2026 (the "Term"). Additionally, this Lease may be extended for two (2) years thereafter (December 1, 2026 through November 30, 2028) upon mutual agreement between Lessee and Lessor (the "Renewal Option"). Lessee must give Lessor written notice of its intention to exercise its Renewal Option no later than ninety (90) days prior to November 30, 2026. First Amendment to City Secretary Contract No. 52485 OFFICIAL RECORD 1 CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: A655F72D-6931-44DF-8524-2484D448FCFA Section 2.02. Lessee shall have no right to remain in possession of all or any portion of the Leased Premises after the expiration of the Term without Lessor's consent. If Lessee remains in possession of all or any portion of the Leased Premises after the expiration of the Term without Lessor's consent then Lessee's tenancy shall be deemed a month -to -month extension of this Lease and Lessee shall pay one and one-half times the monthly rental rate and the Lease may be terminated by either party upon thirty (30) days written notice. C. Section 4.01. of the Lease is deleted in its entirety and replaced with the following: For the duration of the Term, Lessee shall pay to Lessor the monthly rent ("Rent") as follows: Store Premises: Twenty dollars and ninety-five cents ($20.95) per square foot of the 914 square feet of office space, totaling a monthly rate of one thousand five hundred ninety-five dollars and sixty-nine cents ($1,595.69) per month. If Lessee exercises its Renewal Option then the rent for the Store Premises shall increase, effective December 1, 2026, to twenty-three dollars ($23.00) per square foot totaling a monthly rate of one thousand seven hundred fifty-one dollars and eighty- three cents ($1,751.83). Parking Premises: 1. Effective December 1, 2023: One hundred twenty dollars ($120.00) per parking space for forty (40) parking spaces, totaling a monthly rate of four thousand eight hundred dollars ($4,800.00). 2. Effective April 1, 2024: One hundred twenty dollars ($120.00) per parking space for fifty (50) parking spaces, totaling a monthly rate of six thousand dollars ($6,000.00). Lessee shall have the option to convert up to two (2) of its designated parking spaces to electric vehicle charging stations upon the written consent of Lessor. Any and all expenses required to install electricity meters and vehicle charging equipment shall be the sole responsibility of Lessee. 3. If Lessee exercises its Renewal Option, then the Rent for the Parking Premises shall increase, effective December 1, 2026, to one hundred thirty dollars ($130.00) per parking space. IM Exhibit A is deleted in its entirety and replaced with the attached Exhibit A indicating the parking spaces included within the Parking Premises. All other terms and conditions of the Lease remain unchanged and in full force and effect. First Amendment to City Secretary Contract No. 52485 2 DocuSign Envelope ID: A655F72D-6931-44DF-8524-2484D448FCFA EXECUTED to be effective as of this 1st day of December, 2023. LESSOR: CITY OF FORT WORTH A Texas municipal corporation baru� BurAlu7o� Dana BurghdoH (Dec i, 20231(Dec Y, 202 119. 5 C5� Dana Burghdoff Assistant City Manager LESSEE: HERTZ CORPORATION a C~nrporatlon EDo/cuSigned by: j48EOC83646B2422 ... Joshua Blum Vice President, Real Estate & Concessions 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. ��- Peter Elliot Parking Operations Manager APPROVED AS TO FORM AND LEGALITY: By: Jeremy Anato-Mensah Assistant City Attorney d444pnIl apo� FORT dad v° �OA.►dd .g ATTEST: Q d By. V A .,ids Oann nEo 4g�4p Jannette S. Goodall City Secretary Form 1295: 2023-1087640 Contract Authorization: M&C: 23-1020 Date: 11/28/2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to City Secretary Contract No. 52485 3 DocuSign Envelope ID: A655F72D-693144DF-8524-2484D448FCFA DETAIL AREA 02 103 Exhibit A 1st Floor Taylor Street Garage u u u 112 u w 113 114 Ramp down to li#th Street Level A Ramp down 104 to Taylor C Street C Ramp level A� to level B 105 106 1()" 139 Stairs Stair. lag 109 111 110 138 jup '-s' r �'p Up rmmmmvrinexevenext level 137 136 135 7 134 133 132 131 130 129 128 127 126 125 124 123 122 121 120 119 11 � Q Highlighted Areas Indicate Hertz spaces Ramp level to level B t d 8 117 11� 115 0. 11 DocuSign Envelope ID: A655F72D-693144DF-8524-2484D448FCFA Exhibit A 6th Floor Taylor Street Garage J Li LJ NJ 601 602 NO, r,u : `.,il} 606 607 6H 609 610 611 f,12 613 614 615 616 617 618 619 620 b21 622 623 624 Level A Ramp down to next Icvcl C I tramp level 662 to level B 637 636 f,2i 626 627 - 1 f•f•= Level 13: 658 657 [s(ri 6bi] 659 6If,/6�, Ramp dawn to ROOT below 630 629 628 Highlighted Areas Indicate Hertz spaces C Ramp ]eves to lcr•el B 631 632 �64 a DocuSign Envelope ID: A655F72D-6931-44DF-8524-2484D448FCFA Exhibit A Motor Lot Taylor Street Garage Highlighted Areas Indicate Hertz spaces M&C Review Page 1 of 2 0 Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND FORTWORTH Create New From This M&C DATE: 11/28/2023 REFERENCE NO.: **M&C 23-1020 LOG NAME: 21HERTZ LEASE AMEND CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9) Authorize Execution of an Amendment to the Lease Agreement with The Hertz Corporation (City Secretary Contract No. 52485) to Include a Three -Year Term Extension with a Two -Year Renewal Option for Office Space and Parking Spaces at the Municipal Parking Garage Located at 917 Taylor Street at an Annual Rent of $86,348.30 for Year One, and $91,148.30 for Years Two and Three and Authorize Up to Two Parking Spaces to be Converted to Electric Vehicle Charging Stations at the Sole Cost and Expense of The Hertz Corporation RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an amendment to the lease agreement with The Hertz Corporation (City Secretary Contract No. 52485) to include a three-year term extension beginning December 1, 2023, with an option to renew for one additional two-year term for the use of approximately 914 square feet of office space and up to 50 parking spaces at the Municipal Parking Garage located at 917 Taylor Street at an annual rent of $86,348.30 for year one, and $91,148.30 for years two and three; and 2. Authorize up to 2 parking spaces to be converted to electric vehicle charging stations at the sole cost and expense of The Hertz Corporation. L116*4i11111*4101N The Hertz Corporation (Hertz) currently leases 914 square feet of office space, at $20.95 per square foot, and 20 parking spaces, at $120.00 per space, in the Municipal Parking Garage located at 917 Taylor Street for a car rental facility. The lease expires November 30, 2023, and staff recommends amending the existing lease. The term of the lease will be extended three years, beginning December 1, 2023 and ending November 30, 2026, with an option to renew for one additional two-year term through November 30, 2028 upon the City's receipt of a written notice from Hertz at least 90 days prior to November 30, 2026. This lease amendment provides for the use of 914 square feet of office space at $20.95 per square foot for an annual rent of $19,148.30. This amendment also provides for use of 40 parking spaces, effective December 1, 2023, and 50 parking spaces, effective April 1, 2024, at $120.00 per space for a total annual parking rent of $67,200.00 for year one and $72,000.00 for year two and three. Six (6) of the parking spaces are located on level A of the first floor of the garage, thirty-one (31) of the parking spaces are located on the sixth floor of the garage, and three (3) spaces are located within a fenced area in the 900 block of Taylor Street. Effective April 1, 2024, ten (10) additional spaces will be designated for Hertz's use according to availability on such date. This lease amendment authorizes Hertz to convert up to two (2) of its designated parking spaces into electric vehicle charging stations at the sole cost and expense of Hertz. Should Hertz exercise its renewal option, the rent for the office space will increase to $23.00 per square foot and the rent per parking space will increase to $130.00. This lease is located in COUNCIL DISTRICT 9. http://apps.cfwnet.org/council_packet/mc review.asp?ID=31645&councildate=l1/28/2023 11/28/2023 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and execution of the amendment to the lease agreement, funds will be deposited into the Municipal Parking Fund. The Transportation and Public Works Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. TO Fund I Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office bv: Dana Burghdoff (8018) Originating Department Head: Ricardo Salazar (8379) Additional Information Contact: ATTACHMENTS Certificate of Interested Parties 25-Oct-2023.pdf (CFW Internal) FID TPW.xlsx (CFW Internal) HERTZ AMENDMENT MAP.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=31645&councildate=l1/28/2023 11/28/2023