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Home My WebLink AboutContract 58769-A1CSC No. 58769-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.58769 LEASE AGREEMENT This First Amendment to the Lease Agreement ("First Amendment") is entered into by and between the City of Fort Worth ("Lessee") and 5c11 Street Partners, LP ("Lessor"). The term "Lessor" shall include the agents, representatives, employees, and contractors of Lessor. The term "Lessee" shall include the agents, representatives, and employees of Lessee. WHEREAS, Lessor and Lessee entered into a lease agreement dated January 25, 2023 ("Agreement") for the premises t own as 2929 W. 5t11 Street, Fort Worth, Texas 76107 (hereinafter referred to as "Leased Premises") consisting of approximately 9,311 square feet of office space to be used by the Fort Worth Police Department ("FWPD") for the West 7th Street substation operations; and WHEREAS, Lessor now wishes to collect, and Lessee agrees to pay, a one-time security deposit which was not included in the Agreement. NOW, THEREFORE, the Agreement shall be amended as follows: Security Deposit. Lessee shall pay to Lessor an amount of Fifteen -Thousand Seven - Hundred Thirty -Six & 00/100 dollars ($15,736,00) within ten (10) days after the executed date of this Amendment, to be held as security for the performance by Lessee of Lessee's covenants and obligations under the Agreement (the "Security Deposit"). Lessee agrees that the Security Deposit may be commingled with Lessor's other fiends and is not an advance payment of rental or a measure of Lessor's damages in case of default by Lessee. Upon the occurrence of any default by Lessee, Lessor may, from time to time, without prejudice to any other remedy provided herein or provided by law, use such funds to the extent necessary to make good any arrears of rentals and any other damages, injury, expenses or liability caused to Lessor by such default, and Lessee shall pay to Lessor upon written demand the amount so applied in order to restore the Security Deposit to its original amount, if Lessee is not then in default hereunder, any remaining balance of the Security Deposit shall be returned by Lessor to Lessee upon terinination of the Agreement, Defined Terms. All terms not otherwise defined herein shall have the same meaning assigned to them in the Agreement. Ratification of Lease Agreement, Except as amended hereby, the Agreement shall remain in full force and effect in accordance with its terms and is hereby ratified. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXECUTED this Dec 8, 2023 day of LESSEE: City of Fort Worth 15 �r6uia� By: Dana Burghdoff (Dec 202315t6 CST) Dana Burghdoff Assistant City Manager CONTRACT COMPLIANCE MANAGER , 2023 ("Effective Date") LESSOR: 5`I' Street Partners, LP B Naive: , \ Title: 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: J $J6A , Da-k1 LaShanda Dockery Senior Planner APPROVED AS TO FORM AND LEGALITY: uJ By: Jessika Williams Assistant City Attorney 9FORTnIIII ATTEST: °°° By: ° ...a44a Jannette S. Goodall City Secretary Form 1295: Contract Authorization: M&C: 23-1019 Date: 11/28/23 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fork Worth, Texas rOR7' WORITI DATE: 11128/2023 REFERENCE **M&C 23- LOG NAME: 212929 WEST 6TH NO.: 1019 LEASE AMENDMENT CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9) Authorize Execution of an Amendment to the Lease Agreement with 5th Street Partners, L.P. (City Secretary Contract No. 58769) to Include a Security Deposit to the Lease for the Building Located at 2929 West 5th Street, Fort Worth, Texas, 76107 Currently Used as the West 7th Street Substation by the Fort Worth Police Department RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to the lease agreement with 5th Street Partners, L.P. (City Secretary Contract No. 58769) to include a security deposit to the lease for the building located at 2929 West 5th Street, Fort Worth, Texas, 76107 to be used as West 7th Street Substation by the Fort Worth Police Department. DISCUSSION: On December 13, 2022, City Council authorized execution of a lease agreement between 5th Street Partners, L.P. (Lessor) and City of Fort Worth (Lessee) for the premises known as 2929 W. 5th Street, Fort Worth, Texas 76107 (Leased Premises) consisting of approximately 9,311 square feet of office space to be used by the Fort Worth Police Department (FWPD) for the West 7th Street substation operations (Mayor and Council Communication No. 22-1019; City Secretary Contract No. 58769). The purpose of this M&C is to authorize an amendment to the Agreement to incorporate a security deposit for the Leased Premises. Lessor now wishes to collect, and Lessee agrees to pay, a one-time security deposit which was not included in the Agreement. The Agreement shall be amended as follows: Lessee shall pay to Lessor an amount of $15,736.00 no later than November 30, 2023, to be held as security for the performance by Lessee of Lessee's covenants and obligations under the Agreement (Security Deposit). Funding is budgeted in the Other Contractual Services account within the Crime Control & Prevention Dist Fund for the Police Department. This property is located in COUNCIL DISTRICT 9. FISCAL INFORMATIONXERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Crime Control & Prev Dist Fund. Prior to an expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. TO _ __ �4Fund Dopartment Account Project Program 1�Yeativity Budget Reference # Amount I I ID _ _r (Chartfield�.-.... ._._._..1 FROM Fund Department Account Project Program ActivityI Budget ID_ _ ID I�� _._i Year Submitted for Citv Manager's Office bv. Dana Burghdoff (8018) Oriainatina Department Head: Ricardo Salazar (8379) Additional Information Contact: Lisa Alexander (2163) Mark Brown (5197) Reference # f Amount LC.hartfield 2 .. —J ATTACHMENTS 212929 WEST 5TH LEASE AMENDMENT funds availabilitv.Pdf (CFW Internal) 2929 W 5TH M AND C MAP,Ddf (Public) Copt/ of FID TABLE FOR 2929 W 5TH M AND C (002).xisx (CFW Internal) Form 1295 Certificate 101106766 Securitv Deposit Amendment.Ddf (CFW Internal)