R2023-060 2023-03-06RESOLUTION NO. R2023-60
A Resolution of the City Council of the City of Pearland, Texas, renewing a
Lease Agreement with CBL Properties for office space to serve the Pearland
Convention and Visitors Bureau.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Lease Agreement Renewal by and between the City of Pearland
and CBL Properties, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a Lease Agreement Renewal for the Pearland Convention and Visitors
Bureau.
PASSED, APPROVED and ADOPTED this the 6th day of March, A.D., 2023.
J.KEVIN COLE
MAYOR
ATTEST:
FRANCES AGUILAR, TRMC, MCC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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Amh 10/11/2022
LEASE MODIFICATION AND EXTENSION AGREEMEN
T
THIS AGREEMENT, made and entered into as of the I "J day of e° �(C. , 20 Z
by and between PEARLAND GROUND, LLC, a Texas limited liability company ("Landlord") and CITY OF
PEARLAND ("Tenant").
WITNESSETH:
WHEREAS, by instrument dated April 22, 2013 (together with any and all guarantees, modifications,
extensions, renewals, assignments and sublettings thereof, collectively the "Lease"), Landlord or Landlord's
predecessor -in -interest did lease unto Tenant or Tenant's predecessor -in -interest certain premises in Pearland Town
Center, located on or near the intersection of State Highway 288 and State Highway 518 in an area in or near the
Town or City of Pearland, County of Brazoria, State of Texas, referred to as space #1390 containing approximately
1,540 square feet, to which Lease reference is hereby made for all terms and provisions; and,
WHEREAS, Landlord and Tenant now desire to modify and amend the Lease to reflect changes.
NOW THEREFORE, in consideration of the premises, the promises and covenants of the parties hereto,
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lease
is hereby modified and amended and the parties mutually agree as follows:
1. The Term of the Lease is hereby extended for an additional five (5) years commencing October 1, 2023 and
expiring September 30, 2028 (the "Extended Term").
2. Effective October 1, 2023, Section 1.1(c) is hereby modified so that Minimum Annual. Rent shall be Twenty
Thousand Five Hundred Four and 74/100 Dollars ($20,504.74) per annum for the period of October 1,
2023 through September 30, 2025; Twenty -One Thousand One Hundred Nineteen and 89/100 Dollars
($21,119.89) per annum for the period of October 1, 2025 through September 30, 2026, with annual
increases thereafter of three percent (3%) per annum over the amount payable for the previous twelve (12)
months through the balance of the Extended Term, prorated for a partial twelve (12) months if applicable.
3. Effective on the Effective Date, paragraph #3 (teuiiination) of the Lease Modification and Extension
Agreement dated July 6, 2018 is hereby deleted in its entirety and shall be of no force or effect.
4. Effective on the Effective Date, Section 1.1(h) of the Lease is hereby restated so that Tenant's Notice Address
shall be as follows:
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
5. Effective on the Effective Date, the Lease is hereby modified to add the following:
"Environmental sustainability. i) Tenant shall follow all building recycling requirements and placematerials
in the appropriate recycling bins, if provided. ii) Tenant shall make best efforts to utilize environmentally
preferred & third party certified cleaning products with ecolabels. iii) In order to monitor the effectiveness
of energy efficiency improvements and identify needs for future upgrades as well as monitor waste disposal
and recycling needs, upon request Tenant shall provide Tenant's waste, water, gas, recycling information,
and electricity usage as they appear in the Tenant's utility bills or other records and Landlord is hereby
authorized to request or obtain from third party providers Tenant's waste, water, gas, recycling information,
and electricity usage as they appear in the Tenant's utility bills or other records. Additionally, in the event
Landlord pursues a sustainable building certification (e.g. LEED, EnergyStar, etc.), Tenant shall cooperate
with Landlord and/or any parties designated by Landlord to collect infoiniation necessary to obtain and
maintain the certification."
and,
"Additionally, without entitling Tenant to any abatement of rent or constituting an eviction, from time to time
Landlord shall have the right, in Landlord's commercially reasonable judgment, to reduce the Store Hours or
hours Tenant is required to operate and/or the Shopping Center hours."
6. Tenant and its parent, subsidiary, affiliates, shareholders, partners, members, predecessors, directors, officers,
employees, and agents do hereby waive and release any and all claims, including but not limited to any claims
for losses and/or damages and/or right to payments, causes of action, demands, rent credits and/or settlement
payments, whether known or unknown, that they have or may have against Landlord, CBL & Associates
Management, Inc., CBL & Associates Limited Partnership, CBL & Associates Properties, Inc., CBL
Holdings I, Inc. and affiliates of any of them and members, partners, officers, directors of any of them (the
"Landlord Group") or any successors to the Landlord Group from the beginning of time through the date of
this Agreement.
Version #1 — 10 11/2022
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M. Stanley
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7. This Lease Modification and Extension Agreement may be executed in counterparts, all of which taken
together shall constitute the same agreement. Further, photocopies and/or facsimile and/or electronic
transmission (including, but not limited to, by portable document fo> uiat (.pdf)) signatures shall be deemed
as valid as an original.
8. The Effective Date of this Lease Modification and Extension Agreement shall be the date first above
written.
This Agreement is solely for the benefit of Tenant and Tenant shall keep and hold in strict confidence all of
the economic terms of this Agreement including but not limited to: the amount and/or manner of payment of Minimum
Annual Rent, Percentage Rent and all items of additional rent including the fouuulations thereof; any payment or other
considerations in lieu of Minimum Annual Rent, Percentage Rent and/or items of additional rent; the amount of any
rent concessions; and any tecniination rights. In the event Tenant, or any of its agents, employees or contractors shall
disclose any economic terms of this Agreement to a third unrelated party then the provisions of this Agreement shall,
at Landlord's option, be null and void ab initio and Tenant shall immediately pay to Landlord all sums that would have
been due but for this Agreement.
Except as hereinabove amended, all terms and conditions of the Lease shall remain unchanged and in full
force and effect, including, but not limited to the provisions as set forth in the Lease for the payment of Minimum
Annual Rent and all additional rental charges, as the same may be adjusted pursuant to the telt.us of the Lease or as
amended hereby. Landlord and Tenant agree that any right or obligation of either party set forth in the Lease that has
terminated, lapsed or expired or will terminate, lapse or expire by the express terms of the Lease are in fact terminated,
lapsed or expired (or will by their express tei ins) as the case may be, and such rights and obligations are not extended,
reinstated or modified by this Agreement unless expressly done so herein.
IN WITNESS WHEREOF, the parties have executed this Lease Modification and Extension Agreement
as of the day and date first above written.
ed by:
Fra.tn.Lt,S ttlaar
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Pearland Convention & Visitors Bureau_ Pearland_LEMA_2022-10-10.docx
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2
LANDLORD:
PEARLAND GROUND, LLC, a Texas limited
Iiability company, by CBL & Associates
Management, Inc., a Delaware corporation,
Managing Agent
By:
Prin
Titl
Jeffery . urry
Chief Legal Officer
DATE: Marc 15! 2.013
TENANT:
Legal
CITY OF PEARLAND Federal Identification
Number 74-6029809
,DDocuSigned by:
By:
�8 ' 2FFn
Print Name: pperson
Title: Deputy City Manag
DATE: 3/7/2023 j 7:07 AM PST