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Home My WebLink AboutRES 11-253 RESOLUTION NO. 11-253 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. 6 to the 1992 Lease Agreement with the University of Texas Medical Branch at Galveston (UTMB) to extend the lease for five (5) years beginning October 7, 2011, and expiring October 6, 2016, and increasing the rental rate as follows: 10/7/2011 — 10/6/2012 $3,183.62 per month 2% increase $38,203.44/yr. FY 2012 10/7/2012 — 10/6/2013 $3,247.29 per month 2% increase $38,967.48/yr. FY2013 10/7/2013 —10/6/2014 $3,344.71 per month 3% increase $40,136.52/yr. FY 2014 10/7/2014 — 10/6/2015 $3,445.05 per month 3% increase $41,340.60/yr. FY 2015 10/7/2015 — 10/6/2016 $3,548.40 per month 3% increase $42,580.80/yr. FY 2016 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 6th day of September, 2011. Nn lWyor Becky Ames - 11� SIXTH AMENDMENT AND RENEWAL OF SPACE LEASE AGREEMENT This Sixth 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 7,2011. 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. Lessor and Lessee subsequently amended the original Lease by Fifth Amendment dated October 7,2009,which extended the term of the Lease to begin on October 7,2009 and end on October 6,2011. 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: Fourth Amendment to Lease Agreement Page 1 City of Beaumont,Texas/UTMB/480-201 1-00 S:kb4sW0ewmontCi*vV9==ontt5th EXHIBIT"A" 1. Renewal of Lease Term. The term of the Lease is extended for an additional period commenc- ing October 7, 2011 and ending on October 6, 2016, 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. 2. Monthly Rental. Lessee will pay Lessor a rental of not more than THREE THOUSAND ONE HUNDRED EIGHTY-THREE AND 62/DOLLARS ($3,183.62), per month during the term commencing October 7,2011 and ending October 6,2012. Lessee will pay Lessor a rental of not more than THREE THOUSAND TWO HUNDRED FORTY-SEVEN AND 29/DOLLARS ($3,247.29), per month during the term commencing October 7, 2012 and ending October 6, 2013. Lessee will pay Lessor a rental of not more than THREE THOUSAND THREE HUNDRED FORTY-FOUR AND 71/100 DOLLARS ($3,344.71), per month during the term commencing October 7,2013 and ending October 6,2014. Lessee will pay Lessor a rental of not more than THREE THOUSAND FOUR HUNDRED FORTY-FIVE AND 05/100 DOLLARS ($3,445.05), per month during the term commencing October 7, 2014 and ending October 6, 2015. Lessee will pay Lessor a rental of not more than THREE THOUSAND FIVE HUNDRED FORTY-EIGHT AND 40/100 DOLLARS ($3,548.40), per month during the term commencing October 7,2015 and ending October 6,2016. 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. Page 2 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/480-2011-00 S:kboag4kavtaontCityogBeaanwnt5th 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. Elger,C.P.A. Executive Vice President and Chief Business&Finance Officer Date: Content Reviewed Approved: By: Gary D.V. Hankins,M.D. Jennie Sealy Distinguished Professor and Chair Obstetrics&Gynecology 3 Fourth Ament to Lease Page City ofBew mt,Texas/UTMBl480-2011-00 S:kbrs�8awmontcityoo'B�manstl t f SIXTH AMENDMENT AND RENEWAL OF SPACE LEASE AGREEMENT This Sixth 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 7,2011. 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. Lessor and Lessee subsequently amended the original Lease by Fifth Amendment dated October 7, 2009,which extended the term of the Lease to begin on October 7,2009 and end on October 6,2011. 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: 'ecB1�et �___ CEP` 3 Q 20 i 1 _ohs 3 Page 1 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTM13/480-2011-00 3!'1'lle S:kb/jag/BeaumontCityofBeaumont5th 1. Renewal of Lease Term. The term of the Lease is extended for an additional period commenc- ing October 7, 2011 and ending on October 6, 2016, 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. 2. Monthly Rental. Lessee will pay Lessor a rental of not more than THREE THOUSAND ONE HUNDRED EIGHTY-THREE AND 62/DOLLARS ($3,183.62), per month during the term commencing October 7,2011 and ending October 6,2012. Lessee will pay Lessor a rental of not more than THREE THOUSAND TWO HUNDRED FORTY-SEVEN AND 29/DOLLARS ($3,247.29), per month during the term commencing October 7, 2012 and ending October 6, 2013. Lessee will pay Lessor a rental of not more than THREE THOUSAND THREE HUNDRED FORTY-FOUR AND 71/100 DOLLARS ($3,344.71), per month during the term commencing October 7,2013 and ending October 6,2014. Lessee will pay Lessor a rental of not more than THREE THOUSAND FOUR HUNDRED FORTY-FIVE AND 05/100 DOLLARS ($3,445.05), per month during the term commencing October 7, 2014 and ending October 6, 2015. Lessee will pay Lessor a rental of not more than THREE THOUSAND FIVE HUNDRED FORTY-EIGHT AND 40/100 DOLLARS ($3,548.40), per month during the term commencing October 7,2015 and ending October 6, 2016. 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. Page 2 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/480-2011-00 (� S:kb/jag/BeaumontCityofBeaumont5th 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 L ' System for the use and Benefit of The University By: v of Texas Medical Branch at Galveston Title: r;t•y Manager �,�► S-7-�/ By: Date: William R. E C.P.A. Executive Vice President and Chie usi ess &Finance Officer Date: �► u Cont a 'ew d NJ Approved: By: aa � l Gary D.V. Hankins,M.D. Jennie Sealy Distinguished Professor and Chair Obstetrics& Gynecology Page 3 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/480-2011-00Sa�n _ S:kb/jag/BeaumontCityofBeaumont5th THE STATE OF TEXAS § COUNTY OF GALVESTON § T acknowledged and sworn to before me on the4a��-,Q&y of 24 2011, by William R. Elger, C.P.A.,Executive Vice President and Chief Bus' s& Finance Officer, for on behalf of the Board of Regents of The University of Texas System. l�IM��4Yi�Y�1 _ KAM K WOO S Notary Public, State of Tex _ l ,wee W.2014 Printed Name: r �/ Commission Expires: THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged and sworn to before me on the day of 2011,by f of the City of Beaumont, Texas, for and on belialf of the dity of Beaumont, T as jM adl&� S;;e� Notary Xiblic, State of Texas Printed Name: r nat/q, fryle^i e � A Q,1 Commission Expires. Page 4 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/480-201 1-00 S:kb/jagGeaumontCityof/Beaumont3th RESOLUTION NO. 11-253 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. 6 to the 1992 Lease Agreement with the University of Texas Medical Branch at Galveston (UTMB) to extend the lease for five (5) years beginning October 7, 2011, and expiring October 6, 2016, and increasing the rental rate as follows: 1017/2011 - 10/6/2012 $3,183.62 per month 2%increase $38,203.44/yr. FY 2012 10/7/2012— 10!612013 FY2013 $3,247.29 per month 2% increase $38,967.48/yr. 10/7/2013—10/6/2014 $3,344.71 per month 3% increase $40,136.52/yr. FY 2014 10/7/2014— 10/6/2015 $3,445.05 per month 3% increase $41,340.60/yr. FY 2015 10/7/2015— 10/6/2016 $3,548.40 per month 3% increase $42,580.80/yr. FY 2016 The amendment is substantially in the form attached hereto as Exhibit W and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2011. - Ofiyor Becky Ames-