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HomeMy WebLinkAboutContract 63780-A1CSC No. 63780-A1 FIRST AMENDMENT TO OFFICE LEASE This First Amendment of Office Lease (the "Amendment") is entered into to be effective as of November 1, 2024 ("Effective Date") between the City of Fort Worth ("Landlord") and Ulrich of TX, LLC, f/k/a Ulrich Barn Builders, L.L.C. ("Tenant"), each individually referred to as a"party" and collectively referred to as the "parties." RECITALS WHEREAS Landlord, as successor-in-interest to Hertz Fort Worth Energy Way LP, and Tenant, are parties to that certain Office Lease dated July 6, 2020, (the "Lease"), regarding the lease of approximately 11,584 square feet of rentable space known as Suite 1800-A on the 18th floor of the Landlord's building located at 100 Fort Worth Trail, Fort Worth TX 76102 (the "Premises"); and WHEREAS Landlord and Tenant now desire to amend the Lease in order to provide that the term of the Lease shall expire on August 31, 2025, to remove Tenant's option to extend the term of the Lease, and to allow for a partial waiver of the base rent and other charges. WHEREAS extension of the Lease was authorized by M&C 24-1103 (the "M&C") which also authorized waiver of rent and other charges due to the City ("Waiver Amount") through August 31, 2025 in the amount of $234,000. WHEREAS the Waiver Amount of $234,000, referenced in the M&C was miscalculated and only allowed for nine (9) months of waived rent but the Waiver Amount should have been $260,000 to allow for ten (10) months of waived rent (November 1, 2024 through August 31, 2025). WHEREAS the amount of the miscalculation is the equivalent of one month's rent ($26,000) which can be waived without City Council approval as it is within the delegated authority provided by § 2.9 of the City Code. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. Recitals. The foregoing recitals are hereby affirmed by the parties as true and correct and each such recital is incorporated herein by this reference. Unless otherwise defined herein, capitalized terms used in this Amendment shall have the meanings ascribed to such terms in the Lease. 2. Term. The Term of the Lease shall expire on the earlier to occur of (i) Tenant's surrender of the Premises to Landlord or (ii) August 31, 2025 (the "Expiration Date"). 3. Base Rent and Other Char�. Beginning on November 1, 2024 and continuing through the Expiration Date, Tenant shall have no obligation to pay Base Rent or Additional Rent. In the event of default on any terms of the lease base rent will be calculated at the rate of twenty-six thousand dollar (26,000.00) per month. First Amendment to Lease — 100 Fort Worth Trail Ulrich Barn Builders, L.L.C. OFFICIALRECORD Page 1 of 3 CITY SECRETARY FT. WORTH, TX 4. Option to Extend. Section 3.4 of the Lease, "Option to Extend" is deleted in its entirely and shall have no force or effect. 5. Governmental Powers. It is understood and agreed that by execution of this Amendment, Landlord does not waive or surrender any of its governmental powers or immunities. 6. Governin� Law and Venue. This Amendment will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to the Lease or this Amendment, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court far the Northern District of Texas, Fort Worth Division. 7. Severabilitv. If any provision of this Amendment is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 8. Signature Authority. The person signing this Amendment hereby warrants that they have the legal authority to execute this Amendment on behalf of the respective pariy, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Amendment may be executed by any authorized representative of Tenant. Each party is fully entitled to rely on these warranties and representations in entering into this Amendment. 9. Electronic Si�natures. This Amendment may be executed in multiple counterparts by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. [signature page follows] First Amendment to Lease — 100 Fort Worth Trail Ulrich Barn Builders, L.L.C. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiples. LANDLORD: CITY OF FORT WORTH By: V�lerie Washington (Aug 5, 2025 08:50:13 CDT) Name: Valerie Washington Title: Assistant City Manager Date: 08/05/2025 , 2025 APPROVAL RECOMMENDED: By: Name: Marilyn Marvin Title: Director, Property Management Department ATTEST: By: Name: Jannette S. Goodall Title: City Secretary TENANT: 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: Name: Title: Department APPROVED AS TO FORM AND LEGALITY: By·. Caxd.aca /Jr:F74a. Candace Pagliara (Aug 5, 2025 08:54:00 cO Name: Candace Pagliara Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 20-0910 (December 15 1h , 2020)24-1103 (December 10, 2024) Form 1295: NI A ULRICH OF TX, LLC, F/K/A ULRICH BARN BUILDERS, L.L.C. By: Name: Title: � s;s7dt;}%�l>1>,fi � Date: t....j A//� � C First Amendment to Lease -100 Fort Worth Trail Ulrich Barn Builders, L.L.C. Page 3 of 3