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HomeMy WebLinkAboutPR 18397: RESCINDING RESOLUTION NO. 14-253 P. R. No. 18397 06/19/14 gt RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTION NO. 14-253 IN ITS ENTIRETY AND AUTHORIZING A SECOND AND FINAL RENEWAL OF THE LEASE OF THE BUILDING AT 441 AUSTIN AVENUE 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 s.pr18397 WHEREAS, Capital One wishes to exercise the second and final renewal option from June 1, 2014 to May 31, 2015, attached hereto as Exhibit "A"; and WHEREAS, Resolution No. 14-253 authorizing a thirty (30) day extension is no longer necessary and should be rescinded in its entirety. 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 That Resolution No. 14-253 is hereby rescinded in its entirety. Section 3. That the City Council herein authorizes the City Manager to execute the second and final renewal option of 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 , A. D. , 2014, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES : s.pr18397 Mayor: Councilmembers : NOES: DELORIS "BOBBIE" PRINCE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS\TO FORM: /41- k VALECIA R. ( ZENO, CITY ATTORNEY APPROVED FOR ADMINISTRATION: JOHN A. COMEAUX, P. E. , INTERIM CITY MANAGER s.pr18397 EXHIBIT "A" s.pr18397 Capital One,N.A. (646)753-0560) capitari Real Estate Administration (631)531-2724 Fax 275 Broadhollow Road Jose.Soriano ' Melville,NY 11747 Qcapitalone.com Certified Mail May 20,2014 City of Port Arthur John A Comeaux P.E. P.O.Box1089 Port Arthur TX 77641-1089 RE: Third Amendment to Lease Agreement(Amendment)dated April 26,2012,Lease Agreement"Lease" dated December 6,3002,by and between City of Port Arthur("Landlord")and Capital One,N.A ("Tenant")for the premises located at 441 Austin Avenue Suite A Port Arthur Tx 77640. Dear Mr.Comeaux, This letter will serve as notice that Capital One,N.A.,as tenant,hereby exercises the extension term as per Article 5 of the"Third Amendment to Lease"Amendment"for an additional two(2)year period. Article 5 of said amendment provides for written notice to Landlord which this letter satisfies.The renewal term shall commence June 1,2014 and expire on May 31,2016. The annual rent for the first extension term shall be as stated in the "Lease". There are no renewal options remaining. Please acknowledge your receipt and confirmation of the above by signing the enclosed copy of this letter where indicated and returning to my attention at Capital One,N.A.,Real Estate Administration,275 Broad Hollow Road, Melville,NY 11747. I can be reached at 646-753-0506 should you have any questions relative to this matter. Thank you for your cooperation. Co,•'ally, • • Soriano ager •eal Estate Administration RECEIVED AND CONFIRMED This day of ,2014 City of Port Arthur By Cc:Val Tizeno,City Attorney City of Port Arthur P 0 Box 1089 Port Arthur Tx •