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Home My WebLink AboutRES 09-233 RESOLUTION NO.09-233 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Amendment No. 5 to the 1992 Lease Agreement with the University of Texas Medical Branch at Galveston (UTMB) to extend the lease for two (2) years beginning October 7, 2009, and expiring October 6, 2011, and increasing the rental rate from $3,000 to $3,060 per month the first year and from $3,060 to $3,121.20 per month the second year. The amendment is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of August, 2009. of - Mayor Becky Ames - ew ' i i 4 (mss 6 FIFTH AMENDMENT AND RENEWAL OF SPACE LEASE AGREEMENT This Fifth Amendment and Renewal of Space Lease Agreement ("Amendment") is entered into by and between the CITY OF BEAUMONT ("Lessor") and the BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM, for the use and benefit of The University of Texas Medical Branch at Galveston("Lessee"), effective as of October 7,2009. RECITALS A. Lessor and Lessee entered into that Space Lease Agreement(the "Lease") dated as of October 7, 1992, wherein Lessor leased to Lessee and Lessee leased from Lessor approximately 8,200 net usable square feet located at 950 Washington Boulevard in Beaumont, Texas, as more specifi- cally described in the Lease. B. Lessor and Lessee subsequently amended the original Lease by a First Amendment dated September 24, 1997, which extended the term of the Lease to begin on October 7, 1997 and end on October 6, 2002. Lessor and Lessee subsequently amended the original Lease by Second Amendment dated March 6, 2002, which extended the term of the Lease to begin on October 7, 2002 and end on October 6, 2007. Lessor and Lessee subsequently amended the original Lease by Third Amendment dated October 7, 2007, which extended the term of the Lease to begin on October 7, 2007 and end on October 6, 2008. Lessor and Lessee subsequently amended the original Lease by Fourth Amendment dated October 7, 2008, which extended the term of the Lease to begin on October 7, 2008 and end on October 6,2009. C. Lessor and Lessee wish to amend this Lease to renew and extend the term of the Lease and wish to enter into this Amendment to evidence the renewal of the term and increase the rent. AGREEMENT In consideration of the terms and conditions set forth herein, and for other good and valuable con- sideration, the receipt and sufficiency of which are hereby acknowledged,Lessor and Lessee hereby agree to amend the Lease as follows: 1. Renewal of Lease Term. The term of the Lease is extended for an additional period commenc- ing October 7, 2009 and ending on October 6, 2011, unless sooner terminated as provided in the Lease. Lessor and Lessee agree that execution of this Amendment by both parties is effective to extend the term, and any other conditions for extension contained in the Lease are hereby waived for the purposes of this renewal term. Page 1 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/K-09-00419 S:kb/j ag/BeaumontCityof/Beaumont5tb EXHIBIT "A" 2. Monthly Rental. Lessee will pay Lessor a rental of not more than THREE THOUSAND SIXTY AND NO/DOLLARS ($3,060.00), per month during the term commencing October 7, 2009 and ending October 6, 2010. Lessee will pay Lessor a rental of not more than THREE THOUSAND ONE HUNDRED TWENTY-ONE AND 20/DOLLARS ($3,121.20), per month during the term commencing October 7, 2010 and ending October 6,2011. 3. Change in Location. If Lessor moves its health department offices from the leased premises located at 950 Washington Boulevard in Beaumont, Texas, to another location, Lessee shall have the option to terminate this Lease upon 30 days written notice or enter into a new lease agreement with Lessor for space in the new location. 4. Defined Terms and Ratification. Except as amended or modified by this Amendment, the Lease shall continue in full force and effect as therein provided and the Lease is hereby ratified in all respects by Lessor and Lessee. Except as otherwise defined in this Amendment, each of the terms used herein shall have the same meaning assigned to such terms in the Lease. IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be ex- ecuted by their authorized representatives, to be effective as of the year and date first above written. LESSOR: LESSEE: The City of Beaumont, Texas Board of Regents of the University of Texas System for the use and Benefit of The University By: of Texas Medical Branch at Galveston Title: By: Date: William R. r, C.P.A. Executive Vice President and Chief Business &Finance Officer Date: Cont Re iewed Approved: J By: v / Gary D.V(Aankins, M.D. Jennie Sea y istinguished Professor and Chair Obstetrics & Gynecology Page 2 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/K-09-00419 S:kb/j ag/BeaumontCityof/Beaumont5th THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged and sworn to before me on the /T day of , 2009, by William R. Elger, C.P.A., Executive Vice President and Chief Bij6Zess &F' ance Officer, for on behalf of the Board of Regents of The University of Texas System. \``��ti►E urrr��i // At =�C: = Notary Public, State of Texa Printed Name: greet / •�i^04/i1 sl��cf '. Commission Expires: 06••/D-ZO/O THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged and sworn to before me on the day of 2009,by of the City of Beaumont, Texas, for and on behalf of the City of Beaumont, Texas Notary Public, State of Texas Printed Name: Commission Expires: Page 3 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/K-09-00419 S:kb/j ag/BeaumontCityof/Beaumont5th f FIFTH AMENDMENT AND RENEWAL OF SPACE LEASE AGREEMENT This Fifth Amendment and Renewal of Space Lease Agreement ("Amendment") is entered into by and between the CITY OF BEAUMONT ("Lessor") and the BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM, for the use and benefit of The University of Texas Medical Branch at Galveston("Lessee"), effective as of October 7,2009. RECITALS A. Lessor and Lessee entered into that Space Lease Agreement (the "Lease") dated as of October 7, 1992, wherein Lessor leased to Lessee and Lessee leased from Lessor approximately 8,200 net usable square feet located at 950 Washington Boulevard in Beaumont, Texas, as more specifi- cally described in the Lease. B. Lessor and Lessee subsequently amended the original Lease by a First Amendment dated September 24, 1997, which extended the term of the Lease to begin on October 7, 1997 and end on October 6, 2002. Lessor and Lessee subsequently amended the original Lease by Second Amendment dated March 6, 2002, which extended the term of the Lease to begin on October 7, 2002 and end on October 6, 2007. Lessor and Lessee subsequently amended the original Lease by Third Amendment dated October 7, 2007, which extended the term of the Lease to begin on October 7, 2007 and end on October 6, 2008. Lessor and Lessee subsequently amended the original Lease by Fourth Amendment dated October 7, 2008, which extended the term of the Lease to begin on October 7, 2008'and end on October 6, 2009. C. Lessor and Lessee wish to amend this Lease to renew and extend the term of the Lease and wish to enter into this Amendment to evidence the renewal of the term and increase the rent. AGREEMENT In consideration of the terms and conditions set forth herein, and for other good and valuable con- sideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby agree to amend the Lease as follows: 1. Renewal of Lease Term. The term of the Lease is extended for an additional period commenc- ing October 7, 2009 and ending on October 6, 2011, unless sooner terminated as provided in the Lease. Lessor and Lessee agree that execution of this Amendment by both parties is effective to extend the term, and any other conditions for extension contained in the Lease are hereby waived for the purposes of this renewal term. Page 1 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/K-09-00419 S:kb/j agB eaumontCityofBeaumont5th 2. Monthly Rental. Lessee will pay Lessor a rental of not more than THREE THOUSAND SIXTY AND NO/DOLLARS ($3,060.00), per month during the term commencing October 7, 2009 and ending October 6, 2010. Lessee will pay Lessor a rental of not more than THREE THOUSAND ONE HUNDRED TWENTY-ONE AND 20/DOLLARS ($3,121.20), per month during the term commencing October 7, 2010 and ending October 6, 2011. 3. Change in Location. If Lessor moves its health department offices from the leased premises located at 950 Washington Boulevard in Beaumont, Texas, to another location, Lessee shall have the option to terminate this Lease upon 30 days written notice or enter into a new lease agreement with Lessor for space in the new location. 4. Defined Terms and Ratification. Except as amended or modified by this Amendment, the Lease shall continue in full force and effect as therein provided and the Lease is hereby ratified in all respects by Lessor and Lessee. Except as otherwise defined in this Amendment, each of the terms used herein shall have the same meaning assigned to such terms in the Lease. IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be ex- ecuted by their authorized representatives, to be effective as of the year and date first above written. LESSOR: LESSEE: The City of Beaumont, Texas Board of Regents of the University of Texas System for the use and Benefit of The University By: KYLE HAY .S _ of Texas Medical Branch at Galveston Title: (ITTY MANA'CIRR C By: V� Date: b- 12-0 g William R.Qyer, C.P.A. Executive Vice President and Chief Business &Finance Officer Date: �I��(i9 Con Reviewed Approved: By: M a6nL Gary D.V. Hankins,_N1,b. Jennie Sealy Distinguished Professor and Chair Obstetrics & Gynecology Page 2 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/K-09-00419 S:kb/j ag/BeaumontCityof/Beaumont5th THE STATE OF TEXAS § COUNTY OF GALVESTON § inst ment was acknowledged and sworn to before me on the 15`' day of ' 2009, by William R. Elger, C.P.A., Executive Vice President and Chief Busi & Fidnee Officer, for on behalf of the Board of Regents of The University of Texas System. '.y Notary Public, State of Texa i'rinted Name: lt� commission Expires: i!1 THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowled ed and sworn to before me on the /� day of I� 4- , 2009, by (� f fflq1jQqe1- of the City of Beaumont, Texas, for and on behalf of the bty of Beaumont, Texas r +Nrnl�wN►wr+�rw�wr�rMAr�M+er/M+�4MIR��IIr Notar Public, State of Texas Printed Name: 47Ia-e lg arr��p�iQS Commission Expires. 1 ArMUA^r�Y�r�rwrw�wr�MrrMtM4�r Page 3 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/K-09-00419 S:kb/jag/BeaumontCityofBeaumont5th