ARTICLE
8 AS AMENDED
RELATING TO
LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
SECTION 1. This article consists of Joint Resolutions that
are submitted to the General
Assembly for
its approval pursuant to section 37-6-2 of the Rhode Island General Laws.
SECTION 2. Department of Corrections.
WHEREAS, The Rhode
Island Department of Corrections currently has a lease
agreement, in full force and effect, with the Urban League of
Rhode Island for approximately
2,900 square feet of office space located at
on June 30, 2013; and
WHEREAS, The annual rent under the current lease agreement in the
fiscal year ending
June 30, 2013 is $40,000; and
WHEREAS, At a meeting duly noticed on February 12, 2013, the State
Properties
Committee approved the Department of Corrections'
request to advertise a Request for Proposals
in order to secure new office space in
WHEREAS, The Rhode
Island Department of Corrections requests to enter into a new
lease agreement with a landlord to be determined for the
use of approximately 4,500 square feet
of office space at a location to be determined in the
city of
term; and
WHEREAS, The leased premises will provide a critical location for the
offices of the
Department of Corrections from which the Department
can serve the needs of
surrounding communities and otherwise fulfill the mission of the
Department; and
WHEREAS, The anticipated annual rent of the new lease agreement in
each of the initial
five (5) years of the term will not exceed $88,000; and
WHEREAS, The payment of annual rent will be made from funds available
to the
Department of Corrections for the payment of rental
and lease costs based on annual
appropriations made by the General Assembly; and
WHEREAS, The State
Properties Committee now respectfully requests the approval of
the Rhode Island House of Representatives and the Rhode
Island Senate for the lease agreement
between the Department of Corrections and a landlord to be
determined, for a facility located at a
site to be determined, in the city of
RESOLVED,
That this General Assembly of the State of
Plantations hereby approves
a lease agreement, at a location to be determined, for an initial term
not to exceed five (5) years along with an option to
renew for an additional five years. The total
cost of the initial five year term shall not exceed
$440,000; and it be further
RESOLVED,
That this Joint Resolution shall take effect upon
passage by the General
assembly; and be it further
RESOLVED,
That the Secretary of State is hereby authorized and
directed to transmit
duly certified copies of this resolution to the Director
of the Department of Corrections, the State
Budget Officer,
and the Chair of the State Properties Committee.
SECTION 3. Judiciary.
WHEREAS, The Judiciary
currently has a lease agreement, in full force and effect, with
56 Associates, LP for approximately 39,043 square feet
of records storage space located at 450
WHEREAS, This lease will expire on May 31, 2013 and the Rhode Island
Judiciary
wishes to renew for a ten (10) year term; and
WHEREAS, The Rhode
Island Judiciary respectfully requests that this Resolution
supersede that which was previously approved during the 2011
Legislative Session as House
Resolution 6233 Sub A as the Judiciary has
successfully negotiated a longer lease term at the
same rental rate; and
WHEREAS, The State of Rhode
Island, acting by and through the Rhode Island Judiciary
attests to the fact that there are no clauses in the lease
agreement with 56 Associates, LP that
would interfere with the Rhode Island Judiciary's lease
agreement or use of the facility; and
WHEREAS, The leased premises provide a central location from which
the
Judiciary can serve the needs of the
mission of the Judiciary; and
WHEREAS, The annual rent in the current lease agreement for the
fiscal year ending
June 30, 2013 is $234,540; and
WHEREAS, The annual rent of the proposed lease agreement in each of
the ten (10)
years of the term is not to exceed $234,540; and
WHEREAS, At a meeting duly noticed on May 22, 2012, the State
Properties Committee
considered the siting criteria for
leased facilities under Rhode Island General Laws section 37-6-2
and found this site met all relevant criteria; and
WHEREAS, The State
Properties Committee now respectfully requests the approval of
the Rhode Island House of Representatives and the Rhode
Island Senate for a lease agreement
between 56 Associates, LP and the Rhode Island Judiciary, for
the facility located at 450
Street in the city of
RESOLVED,
That this General Assembly of the State of
Plantations hereby approves
the lease agreement, for a term not to exceed ten (10) years and at a
total cost not to exceed $2,345,400; and be it further
RESOLVED,
That this Joint Resolution shall take effect upon
passage by the General
assembly; and be it further
RESOLVED,
That the Secretary of State is hereby authorized and
directed to transmit
duly certified copies of this resolution to the
Administrator of the Rhode Island Judiciary, the
State Budget Officer, and the Chair of the State Properties Committee.
SECTION
4. Department of Labor and Training.
WHEREAS, The Department of
Labor and Training currently has a lease agreement, in
full force and effect, with One Reservoir, LLC for 25,000
square feet of office space located at
WHEREAS, The current lease expires on June 17, 2013 and the
Department of Labor and
Training requests to renew for a period of ten (10)
years the lease agreement with One Reservoir,
LLC; and
WHEREAS, The State of
Rhode Island, acting by and through the Department of Labor
and Training attests to the fact that there are no
clauses in the lease agreement with One
Reservoir, LLC that would interfere with the
Department of Labor and Training's lease agreement
or use of the facility; and
WHEREAS, The leased premises provide a central location from which
the Department
of Labor and Training can serve the needs of the
and fulfill the mission of the Department; and
WHEREAS, The annual rent in the current lease agreement in the fiscal
year ending June
30, 2013 is $609,628; and
WHEREAS, The annual rent of the proposed lease agreement in each of
the initial five
(5) years of the term is not
to exceed $512,500; and $525,250 in year six, $538,250 in year seven,
$551,500 in year eight, $565,250 in
year nine, and $579,250 in year ten.
WHEREAS, The State
Properties Committee now respectfully requests the approval of
the Rhode Island House of Representatives and the Rhode
Island Senate for the lease agreement
between the Department of Labor and Training and One
Reservoir, LLC, for the facility located
at
RESOLVED,
That this General Assembly of the State of
Plantations hereby approves
the lease agreement, for a term not to exceed ten (10) years and at a
total cost not to exceed $5,322,000; and be it further
RESOLVED,
That this Joint Resolution shall take effect upon
passage by the General
assembly; and be it further
RESOLVED,
That the Secretary of State is hereby authorized and
directed to transmit
duly certified copies of this resolution to the Director
of the Department of Labor and Training,
the State Budget Officer, and the Chair of the State Properties
Committee.
SECTION 5. Department of Human Services.
WHEREAS, The Department
of Human Services currently has a lease agreement with
Kellaway Realty Corporation for approximately 18,000 square
feet of office space located at 24
Commerce Street in the city of
WHEREAS, The State of
Rhode Island, acting by and through the Department of Human
Services attests to the fact that there are no clauses in the lease
agreement with Kellaway Realty
Corporation that would interfere with the Department of Human Services lease agreement or use
of the facility; and
WHEREAS, The aforementioned lease expires on December 31, 2013 and
the
Department of Human Services wishes to advertise a
Request for Proposals and enter into a new
lease agreement with a landlord to be determined for the
use of approximately 18,000 square feet
of office space located in the city of
WHEREAS, The Department
of Human Services and its programs operating in their
current location may relocate to a new location based on the
results of the Request for Proposals
process; and
WHEREAS, The proposed leased premises will provide a location from
which the
Department of Human Services can serve the needs of
the
communities and otherwise fulfill the mission of the Department;
and
WHEREAS, The rent in the current lease agreement in the fiscal year
ending June 30,
2013 is $252,000; and
WHEREAS, The annual rent of the proposed lease agreement for each of
the five (5)
years of the term is not to exceed $360,000; and
WHEREAS, At a meeting duly noticed on April 10, 2012 the State
Properties Committee
approved the Department of Human Services request to advertise
a Request for Proposals in order
to secure new office space in the city of
WHEREAS, The State
Properties Committee now respectfully requests the approval of
the Rhode Island House of Representatives and the Rhode
Island Senate for the lease agreement
between the Department of Human Services and a landlord to be
determined, for the facility
located at a location to be determined in the city of
RESOLVED,
That this General Assembly of the State of
Plantations hereby approves
the lease agreement, for an initial term not to exceed five (5) years
and at a total cost not to exceed $1,800,000; and be it
further
RESOLVED,
That this Joint Resolution shall take effect upon passage
by the General
assembly; and be it further
RESOLVED,
That the Secretary of State is hereby authorized and
directed to transmit
duly certified copies of this resolution to the Director
of the Department of Human Services, the
State Budget Officer, and the Chair of the State Properties Committee.
SECTION 6.
WHEREAS, The University
of Rhode Island (the University) has academic programs in
Physical Therapy, Communicative Disorders, and
Kinesiology with teaching, research, and
outreach that benefits
WHEREAS, The
Independence Square Foundation (the Foundation) is a non profit
corporation that develops and manages community center buildings,
leasing space at affordable
rates to not for profit operations, with a historical
emphasis on operations supporting individuals
with disabilities; and
WHEREAS, The Foundation
promotes and fosters collaborative relationships between its
non profit tenants in the interest of enhancing the range
and quality of services offered to these
special populations, recognized at the national level as a
unique model to be emulated; and
WHEREAS, In 1991, the
University and the Board of Governors for Higher Education,
(the Board), and the State
Properties Committee (the Properties Committee) approved a lease
(Ground Lease) for a parcel of land at
the University in
build a 40,000 square foot community center building for
the University and not for profit
tenants, and in 2007 approved an extension of that Ground
Lease through 2032, enabling
construction of a 28,000 square foot addition to the building in
2009; and
WHEREAS, Per the Ground
Lease Agreement, the Foundation is required to make
payments of $1 per year and at the end of the term or further
extension of the Ground Lease, the
University and the Board will obtain title to the
building and associated improvements for the
payment of $1; and
WHEREAS, The Board and
the State Properties Committee, at that same time and in
2002, approved space leases (Lease) for the
University's Physical Therapy Program and
Communicative Disorders Speech and Hearing Clinic,
respectively, within the existing building
at
clients have benefited from the quality, accessible, well
maintained facilities for the duration of
those Leases; and
WHEREAS, The present Lease for 16,400 square feet of space in the
Square Foundation II building at
Campus had reached the end of its extended term as of
December 31, 2012; and
WHEREAS, The University,
the Board, and the State Properties Committee have
approved a Lease for the same 16,400 square feet of space in
the
Foundation II building for a period of one year
beginning on January 1, 2013, in the interest of
continuing the presence of the University's Physical Therapy
Program in that space while a nine
(9) year lease extension
undergoes consideration per the requirements of section 37-6-2 of the
Rhode Island General Laws during the 2013 Legislative
Session; and
WHEREAS, There is a strong interest in continuing the Physical
Therapy Program's
academic and clinical programs within the space they presently
occupy in the
Square II building for a period coincident with the
existing, applicable Ground Lease, which is
scheduled to end as of December 31, 2032; and
WHEREAS, The University,
the Board, and the State Properties Committee have
approved a Lease (the Lease Agreement), with a term of nine
(9) years, for 16,400 square feet of
space in the Independence Square II building for the
University's Physical Therapy Program, with
that Lease Agreement and associated obligations beginning
on January 1, 2014, subject to the
required Executive and Legislative authorizations; and
WHEREAS, The Lease
Agreement requires the University to pay a Base Rent for the
University's proportionate share of building operating
expenses, including heating, cooling,
lighting, and basic electrical service, such Base Rent in the
first year being $200,616, calculated
on an annualized basis, this Base Rent being subject to
incremental changes in actual operating
expenses incurred to support the building, applicable to the
proportional share of the building
occupied by the Physical Therapy Program under The Lease in
future years; and
WHEREAS, Under the Lease
Agreement, the University will be required to pay
Additional Rent for the University's proportionate
share of Property Taxes, if applicable, and
Operating Expenses in excess of those covered by the
Base Rent as determined by calculation of
actual expenses incurred by the Foundation for the
Independence Square Foundation II Building
at the end of each calendar year of the Lease. Such
Additional Rent payments, which have been
between $14,000 and $25,000 over the previous eight (8) years
under the expiring Lease, are to
be supported by University general revenues; now,
therefore, be it
RESOLVED,
That the Foundation's Project is a favorable
investment on the University's
Kingston Campus that
ultimately becomes an asset of the University and the State, serving an
important academic program and critical operations serving
children with special needs, while
further building upon a successful University, Foundation,
and Community partnership and this
General Assembly hereby
approves this Lease Agreement; and be it further
RESOLVED,
That this General Assembly of the State of
Plantations hereby approves
the lease agreement, for a term not to exceed nine (9) years and at a
total cost not to exceed $1,990,000; and be it further
RESOLVED,
That this Joint Resolution shall take effect upon
passage by the General
assembly; and be it further
RESOLVED,
That the Secretary of State is hereby authorized and
directed to transmit
duly certified copies of this resolution to the President
of the
State Budget Officer, and the Chair of the State Properties Committee.
SECTION 7.
WHEREAS, The University
of Rhode Island (the University) has academic programs in
Physical Therapy, Communicative Disorders, and
Kinesiology with teaching, research, and
outreach that benefits
WHEREAS, The
Independence Square Foundation (the Foundation) is a non profit
corporation that develops and manages community center buildings,
leasing space at affordable
rates to not for profit operations, with a historical
emphasis on operations supporting individuals
with disabilities; and
WHEREAS, The Foundation
promotes and fosters collaborative relationships between its
non profit tenants in the interest of enhancing the range
and quality of services offered to these
special populations, recognized at the national level as a
unique model to be emulated; and
WHEREAS, In 1991, the
University and the Board of Governors for Higher Education,
(the Board), and the State
Properties Committee (the Properties Committee) approved a lease of
land (Ground Lease), for a parcel of land at
of the University in
build a 40,000 square foot community center building for
the University and not for profit
tenants, and in 2007 approved an extension of that Ground
Lease through 2032, enabling
construction of a 28,000 square foot addition to the building in
2009; and
WHEREAS, Per the Ground
Lease Agreement, the Foundation is required to make
payments of $1 per year and at the end of the term or further
extension of the Ground Lease, the
University and the Board obtain title to the building
and associated improvements for the
payment of $1; and
WHEREAS, The Board and
the State Properties Committee, in 2002, approved a space
lease (Lease) for the University's Communicative Disorders
Program's Speech and Hearing Clinic
within the existing building at 25 West
and faculty, and clinical clients have benefited from the
quality, accessible, well maintained
facilities for the duration of that Lease; and
WHEREAS, The present Lease for 4,300 square feet of space for the
Communicative
Disorders Program in the Independence Square
Foundation II building at 25 West
Way on the University's Kingston Campus reached the
end of its initial term as of January 31,
2013; and
WHEREAS, The University,
the Board, and the State Properties Committee have
approved an Amendment One to the Lease for the same 4,300
square feet of space in the
Independence Square Foundation II building for a
period of one year beginning on February 1,
2013, in the interest of continuing the presence of
the University's Communicative Disorders
Program in that space under the same terms and
conditions, excepting that the terms of Section
5.05 pertaining to the University's obligations to
compensate for renovation work performed by
consideration per the requirements of section 37-6-2 of the Rhode
Island General Laws during the
2013 Legislative Session; and
WHEREAS, There is a strong interest in continuing the Communicative
Disorders
Program's academic and clinical programs within the
space they presently occupy in the
Independence Square II building for a period beyond
the initial ten-year term plus the one year
extension that will end as of January 31, 2013; and
WHEREAS, The University,
the Board, and the State Properties Committee have
approved a continuation of the Lease Agreement's terms and
conditions excepting that the terms
of Section 5.05 pertaining to the University's
obligations to compensate for renovation work
performed by
Agreement), with a term of nine (9) years, for the
same 4,300 square feet of space in the
Independence Square II building for the University's
Communicative Disorders Program, with
that Amendment Two to the Lease Agreement and associated
obligations beginning on February
1, 2014 and continuing through January 31, 2023; and
WHEREAS, The Lease
Agreement requires the University to pay a Base Rent for the
University's proportionate share of building operating
expenses, including heating, cooling,
lighting, and basic electrical service, such Base Rent in the
first year and the nine years being
$45,408, calculated on an annualized basis, this Base
Rent being subject to incremental changes
in actual operating expenses incurred to support the
building, applicable to the proportional share
of the building occupied by the Communicative Disorders
Program under The Lease in future
years; and
WHEREAS, Under the Lease
Agreement, the University will be required to pay
Additional Rent for the University's proportionate
share of Property Taxes, if applicable, and
Operating Expenses in excess of those covered by the
Base Rent as determined by calculation of
actual expenses incurred by the Foundation for the
Independence Square Foundation II Building
at the end of each calendar year of the Lease. Such
Additional Rent payments, which have been
between $5,676 and $12,984 over the previous eight (8) years
under the expiring Lease, are to be
supported by University general revenues; now, therefore, be it
RESOLVED,
That the Foundation's Project is a favorable
investment on the University's
Kingston Campus that
continues to serve the facility needs of the University's academic and
clinical programs and ultimately becomes an asset of the
University and the State, serving an
important academic program and critical operations serving
children and adults with special
needs, while further building upon a successful University,
Foundation, and Community
partnership and this General Assembly hereby approves this
Amendment Two to the Lease
Agreement for the
University's Communicative Disorders Program; and be it further
RESOLVED,
That this General Assembly of the State of
Plantations hereby approves
the lease agreement, for a term not to exceed nine (9) years and at a
total cost not to exceed $515,000; and be it further
RESOLVED,
That this Joint Resolution shall take effect upon
passage by the General
Assembly; and be it further
RESOLVED,
That the Secretary of State is hereby authorized and
directed to transmit
duly certified copies of this resolution to the President
of the
State Budget Officer, and the Chair of the State Properties Committee.
SECTION 8. This article shall take effect upon passage.