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HomeMy WebLinkAboutContract 62079-A1CSC No. 62079-A1 FIRST AMENDMENT TO MEMBERSHIP AGREEMENT BETWEEEN THE CITY OF FORT WORTH AND INDUSTRIOUS AUS 823 CONGRESS AVENUE LLC This First Amendment to Membership Agreement (this "Amendment") is made and entered into as of , 2025 (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 4, 2024 (City Secretary Contract No. 62079) (the "Amement") for the use of office space as more particularly described therein; and WHEREAS the Agreement includes an Earliest Expiration Date of May 31, 2025; and WHEREAS Industrious and City desire to amend the Agreement to extend the Agreement through June 30, 2025 and to allow the City to terminate the Agreement with thirty (30) days' written notice to Industrious. 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 Securitv Deposit. For the month of June, 2025, the City shall have access to and services relating to the following office space at the following terms: Office No(s). Office Size Monthly Fee (Seats) Office 42 5 $5,340 Security Conference Deposit Room Allowance $8,010 (less 8 hours per month the $6,277 previously received from City) Section 2. Termination. The City may terminate the Agreement at any time and for any reason by providing Industrious with thirty (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 OFFICIAL RECORD CSC No. 62079-A1 CITY SECRETARY Page 1 of 3 FT. WORTH, TX CSC No. 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. 62079-A1 Page 2 of 3 CSC No. ACCEPTED AND AGREED: CITY: City of Fort Worth By: Valerie Washington (Apr 8,202515:28 CDT) Name: Valerie Washington Title: Assistant City Manager Date: 04/08/2025 Approval Recommended: By: A�J"w Name: Melinda Ramos Title: Deputy City Attorney Attest: 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. By: PB.fl Name: T.J. Patterson, Jr., Esq. Title: Director of Legislative Affairs Government Relations Department Approved as to Form and Legality: n4 p o�FonT�pd� `9�d By: Name: Matthew A. Murray ;moo Title: Assistant City Attorney CdanEoo54p Contract Authorization: M&C: Not required INDUSTRIOUS AUS 823 CONGRESS AVENUE LLC: fCNtkft� Pa-S:C� By: Kristi Parsons (Apr 2, 202518:04 CDT) Name: Kristi Parsons Title: Community Manager Date: 4/2/25 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 62079-A1 Page 3 of 3