HomeMy WebLinkAboutPR 19337: LEASE OF THE BUILDING AT 441 AUSTIN AVENUE P. R. No. 19337
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RESOLUTION NO.
A RESOLUTION AUTHORIZING A FOURTH AMENDMENT TO THE LEASE
OF A PORTION OF THE BUILDING AT 441 AUSTIN AVENUE TO
CAPITAL ONE, N.A.
WHEREAS, on June 1, 2004, the City of Port Arthur entered into
a three (3) year lease with Hibernia National Bank; and
WHEREAS, Capital One purchased the assets of Hibernia National
Bank and pursuant to Resolution No. 07-163 the City Council
approved an extension of the lease at 441 Austin to Capital One
until May 31, 2008; and
WHEREAS, Capital One decided to remain in downtown Port Arthur
and requested an additional two year lease of a portion of the
building at 441 Austin, which was approved by City Council per
Resolution No. 07-514; and
WHEREAS, per Resolution No. 10-49, Capital One exercised the
first renewal option from June 1, 2010 to May 31, 2012; and
WHEREAS, per Resolution No. 12-094, Capital One and the City
of Port Arthur amended the lease to extend the notice date for the
renewal option from February 29, 2012 until March 31, 2012; and
WHEREAS, per Resolution No. 12-142, Capital One exercised the
first renewal option from June 1, 2012 to May 31, 2014; and
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WHEREAS, per Resolution No. 14-285, Capital One agreed to a
Third Amendment to the Lease Agreement from June 1, 2014 to May 31,
2015; and
WHEREAS, Capital One wishes to extend the Lease Agreement for
an additional year from June 1, 2016 to May 31, 2017, by executing
a Fourth Amendment to the Lease Agreement, with two (2) additional
options to renew and extend the Lease for One (1) additional year
apiece, in substantially the same form as attached hereto as
Exhibit "A" .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1 . That the facts and opinions in the preamble are
true and correct .
Section 2 . That the City Council herein authorizes the
City Manager to execute the Fourth Amendment to the Lease Agreement
with Capital One, in substantially the same form attached hereto as
Exhibit "A" .
Section 4 . That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council .
READ, ADOPTED AND APPROVED on this day of March, A. D. ,
2016, at a Meeting of the City Council of the City of Port
Arthur, Texas, by the following vote: AYES :
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Mayor:
Councilmembers :
NOES:
DELORIS "BOBBIE" PRINCE,
MAYOR
ATTEST:
SHERRI BELLARD,
CITY SECRETARY
APPROVED AS TO FORM:
Thk(
VALECIA R. TIZENO,
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL,
CITY MANAGER
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EXHIBIT "A"
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FOURTH AMENDMENT TO LEASE AGREEMENT
THIS FOURTH AMENDMENT TO LEASE AGREEMENT ("Amendment") is made
and entered into as of__ , 2016 (the "Effective Date"), by and between, CITY OF PORT
ARTHUR, a Texas municipality ("Landlord"), and CAPITAL ONE, N. A., a national
association("Tenant").
WITNESSETH
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated December 19,
2007 (the "Original Lease"), a First Amendment to Lease Agreement dated February 29, 2012
(the "First Amendment"), a Second Amendment to Lease Agreement dated March 30, 2012 (the
"Second Amendment") and a Third Amendment to Lease Agreement dated April 26, 2012
("Third Amendment"); the Original Lease, First Amendment, Second Amendment and Third
Amendment are together referred to herein as the "Lease", relating to certain premises consisting
of approximately 5,025 square feet of rentable area and drive-thru area located at 441 Austin
Avenue, Suite A, Port Arthur, Texas (the "Premises"), all as more particularly described in the
Lease;
WHEREAS, Landlord and Tenant desire to amend the Lease upon the terms, conditions,
covenants and agreements set forth in this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
other good and valuable consideration, it is covenanted and agreed between Landlord and Tenant
that the Lease is modified as follows:
1. Recitals. The above recitals are incorporated herein as if fully set forth.
2. Capitalized Terms. All capitalized words and phrases used herein have the
meanings attributed to them in the Lease, unless otherwise expressly stated herein, or unless the
context hereof requires otherwise.
3. Extension of Term. The term of the Lease is hereby modified to extend for an
additional one (1) year term (the "Extension Term"), commencing on June 1, 2016 (the
"Extension Date") and expiring on May 31, 2017, unless sooner terminated in accordance with
its terms.
4. Options to Renew. Tenant shall have two (2) additional options (each a"Renewal
Option") to renew and extend the term of the Lease for one (1) additional year apiece. The term
of the first Renewal Option shall commence on June 1, 2017 and expire on the May 31, 2018
(the "First Renewal Term") and the term of the second Renewal Option shall commence on June
1, 2018 and expire on May 31, 2019 (the "Second Renewal Term"). Each Renewal Option shall
be exercised by Tenant giving Landlord written notice of exercise on or before the date which is
ninety (90) days prior to the expiration of the Extension Term or the First Renewal Term, as
Capital One Confidentiall
applicable. The First Renewal Term and the Second Renewal Term, if exercised, shall be upon
and subject to all of the terms, covenants and conditions provided in the Lease (as modified by
this Amendment).
5. Base Rent. As and following the Extension Date, the Base Rent shall be the
following annual amounts, paid to Landlord in the following monthly installments:
PERIOD MONTHLY ANNUAL
Extension Term $700.00 $8,400.00
First Renewal Term $700.00 $8,400.00
Second Renewal Term $700.00 $8,400.00
6. Miscellaneous.
a. Ratification of Lease. Except as expressly set forth herein, the Lease, as
modified herein, remains in full force and effect in accordance with its terms and
provisions; and Landlord and Tenant do hereby ratify, adopt, affirm and confirm its terms
and provisions.
b. Entire Agreement. The Lease as modified herein is intended by the parties
as the final expression of their agreement with respect to the subject matter thereof and
hereof, and as a complete and exclusive statement of the terms thereof, all negotiations,
considerations and representations between the parties having been incorporated herein or
therein.
c. Conflicts. Landlord and Tenant agree that should any provision in this
Amendment disagree with or conflict with any provision in the Lease, the provision in
this Amendment will control.
d. Counterparts. This Amendment may be executed in counterparts, any of
which manually signed signature pages may be delivered by facsimile or through the
transmission of an electronically scanned version, each of which shall be considered an
original and, taken together, shall constitute one and the same instrument.
[SIGNATURE PAGE TO FOLLOW]
Capital One Confidential2
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment on the
respective date(s) set forth below.
LANDLORD:
CITY OF PORT ARTHUR
By:
Name:
Title:
Date Signed: , 2016
TENANT:
CAPITAL ONE N. A.
By:
Name:
Title:
Date Signed: , 2016
Capital One Confidential3