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HomeMy WebLinkAboutResolution - 2016-R0451 - Amendment Of Lease Agreement - South Plains Regional Workforce Development Board - 12/15/2016Resolution No.2016-R0451 Item No.6.20 December 15,2016 RESOLUTION WHEREAS,by Lease Agreement (the "Lease")dated February 29, 2012, the Cityof Lubbock,actingbyandthroughthe ElectricUtilityBoard(the"City"), leased certain office space in the Lubbock Business Center ("LBC")to the South Plains Regional Workforce Development Board dba Workforce Solutions South Plains, a 501 (c)(3)non-profit corporation ("Workforce"); WHEREAS,due to the potential future relocation of Lubbock Power & Light ("LP&L")from the LBC,the City and Workforce desire to amend the term of the Lease.NOW,THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock,that certain Amendment of Lease Agreement,by and between the City of Lubbock and the South Plains Regional Workforce Development Board dba Workforce Solutions South Plains,a 501(c)(3)non-profit corporation,as attached hereto and incorporated herein as though set forth fully herein in detail, and any documents related thereto. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Lease, by and between the City of Lubbock, acting by and through Lubbock Power & Light and the South Plains Regional Workforce Development Board dba Workforce Solutions South Plains, as amended hereby, is hereby ratified, adopted and confirmed by the City Council of the City of Lubbock ("City Council") as fully and completely and the same as if originally authorized by the City Council and executed by the Mayor of the City of Lubbock as of the date written. Passed by the City Council of the City of Lubbock this 15th day of December 2016. Daniel M ATTEST: P, 'j-", , �, - Rebecc Garza, City Secretary APPROVED AS TO CONTENT: &;kw�a David McCalla, Director of Electric Utilities ' 0],y/m1I7_�C 0 1 M I M MLVA Richard Casner, LP&L General Counsel Resolution No. EUB 2016-RO051 * * RESOLUTION WHEREAS, by Lease Agreement (the "Lease") dated February 29, 2012, the City of Lubbock, acting by and through the Electric Utility Board (the "City"), leased certain office space in the Lubbock Business Center ("LBC") to the South Plains Regional Workforce Development Board dba Workforce Solutions South Plains, a 501 (c)(3) non-profit corporation ("Workforce"); WHEREAS, due to the potential future relocation of Lubbock Power & Light ("LP&L") from the LBC, the City and Workforce desire to amend the term of the Lease. NOW, THEREFORE: BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT the Director of Electric Utilities BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, acting by and through Lubbock Power & Light, the municipally owned electric utility of Lubbock, Texas, that certain Amendment of Lease Agreement, by and between the City of Lubbock and the South Plains Regional Workforce Development Board dba Workforce Solutions South Plains, a 501 (c)(3) non-profit corporation, as attached hereto and incorporated herein as though set forth fully herein in detail, and any documents related thereto. Passed by the Electric Utility Board this day of , 2016. Greg Tay r, Chai an ATTEST: J s Conwright, Board Secretary APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Richard Casner, LP&L General Counsel Resolution No. 2016-R0451 Amendment of Lease Agreement THIS Amendment of Lease Agreement (the "Amendment") is entered into this 15th day of December, 2016, by and between South Plains Regional Workforce Development Board dba Workforce Solutions South Plains ("Lessee") and the City of Lubbock, Texas, acting by and through its Electric Utility Board and City Council ("Lessor") WHEREAS, pursuant to that certain Lease Agreement dated on or about February 29, 2012, Resolution No. EUB 2012-R0017 (the "Lease"), Lessor leased that certain office space in the Lubbock Business Center, as more particularly described therein (the "Premises"); WHEREAS, due to the likely future relocation of Lessor, Lessor and Lessee desire to amend the term and other matters of the Lease. -- - - - - NOW THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and stipulated, Lessor and Lessee hereby agree as follows: Section 2.01 of the Lease is hereby deleted in its entirety and replaced with the following: 2.01. The Initial Term (herein so called) of this Agreement shall be for a period of five (5) years commencing on the I` day of February 2012, and ending on the 31" day of January 2017, subject, however, to earlier termination as hereinafter provided under Article 5. This Agreement may be extended for up to five (5) additional one (1) year terms, upon agreement of both Lessor and Lessee, by providing written notification of both parties to the other that an extension is desired at least sixty (60) days prior to expiration of the Initial Term or extension, as applicable. In the event either party shall not provide such written notification, this Agreement shall expire and terminate at the end of the renewal term then last in effect. The rental rate for the use of the Leased Premises shall be subject to the rental adjustment in Section 3.02. 2. Section 3.01 of the Lease is hereby deleted in its entirety and replaced with the following: 3.01. RENTAL. In consideration of the rights and privileges herein granted, Lessee shall pay to Lessor for the Leased Premises and for the non-exclusive use of the 2"d Floor Conference Room, an annual rental for the Leased Premises of Ninety Six Thousand Seven Hundred Ninety Five and 35/100 Dollars ($96,795.35), which rental shall be payable in twelve (12) monthly installments of Eight Thousand Sixty Six and 28/100 Dollars ($8,066.28), prior to the tenth (101h) day of each month this Agreement is in effect. 3. Exhibit A of the Lease is hereby deleted in its entirety and replaced with Exhibit A, attached hereto and made a part hereof for all purposes. 4. The execution of this Amendment by Lessor and Lessee shall constitute mutual notice of intent to renew the Lease for the renewal period from February 1, 2017 through January 31, 2018. 5. Unless and until this Amendment shall be approved by both the Electric Utility Board and the City Council of the City of Lubbock, this Amendment shall be of no force and effect. 6. Except as expressly amended hereby, all of the terms and provisions of the Lease shall remain valid and subsisting as originally provided. LESSEE; South Plains Regional Workforce Development Board dba Workforce Solutions -2- LESSOR: City of Lubbock, Texas ELECTRIC UTILITY BOARD Al GREG YLO , CHAIRMAN OF THE ELECTRIC LITY BOARD -3- ATTEST: Ja es Conwright, Secretary APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Richard K. Casner, General Counsel -4- ATTEST: Reb cca Garza, -City Secretary APPROVED AS TO CONTENT: 4;k-� David McCalla, Director of Electric Utilities APPROVED AS ORM: 4,eg Richard K. Casner, General Counsel Workforce Lease Amendment CITY COUNCIL OF THE CITY OF LUBBOCK By: DAN POPE, MAYOA OF THE CITY OF LUBBOCK -5- /� FLOOR PLAN - SECOND FLOOR LEVEL AFTER 2007 REMODEL