RESOLUTION NO. RS2003-1610

A resolution approving a Third Amendment to the Lease Agreement between The Metropolitan Government of Nashville and Davidson County, Tennessee and W.S. Investment Holdings, L.P. and Square Investment Holding, L.P. for the use of additional office space and attached herein.

WHEREAS, the Metropolitan Government desires to lease office space for the use of the Office of the District Attorney General; and,

WHEREAS, Lessor has approximately One Thousand Five Hundred and Nine (1,509) rentable square feet of additional office space located on the fourth floor of 222 Second Avenue North, Nashville, Tennessee, available for lease; and,

WHEREAS, Metro is in need of additional office space; and,

WHEREAS, Metro presently leases approximately Thirty-Eight Thousand Six Hundred and Forty-Nine (38,649) rentable square feet from Lessor on the fourth and fifth floors of 222 Second Avenue North, Nashville, Tennessee; and,

WHEREAS, Lessor and Metro desire to amend the Lease Agreement to include the Third Additional Office Space under the same terms , conditions and restrictions as the Lease Agreement for the Demised Premises except as hereby amended; and,

WHEREAS, Ordinance No. 093-690 provided that the Lease Agreement may be amended by resolution receiving twenty-one (21) affirmative votes.

NOW THEREFORE, for the mutual promises and other consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree to amend the Lease Agreement as follows:

Section 1. That Section 2 PURPOSE of the Lease Agreement be amended by including the following:

Lessor shall lease to Metro the Third Additional Office Space for Term coterminous with the Lease Agreement, such Term shall begin as set forth in Section 3 herein.

Section 2. That Section 4 RENTAL FEES of the Lease Agreement be amended by adding the following:
Lessor shall lease to Metro approximately One Thousand Five Hundred and Nine (1,509) rentable square feet for the remainder of the Term of the Lease Agreement at no additional cost to the Lessee.

Section 3. The Term of this Third Amendment shall begin upon the dated approved by the Metro Council and filed in the Office of the Metro Clerk. Should Lessee remain in possession of additional lease space requested herein, Section 12. HOLDING OVER shall apply as though a part of the original Lease Agreement

Section 4. This Third Amendment to the Lease Agreement shall not be binding upon the parties until it has been signed first by W. S. Investment Holdings, L.P., and Square Investment Holdings, L.P., the representatives of the Metropolitan Government, approved by Metro Council and has been filed in the Office of the Metropolitan Clerk. When it has been so signed and filed, this amendment shall be effective as of the date first written above.

Section 5.That the attached Third Amendment to the Lease Agreement by and between The Metropolitan Government of Nashville and Davidson County and W.S. Investment Holdings, L.P. and Square Investment Holdings, L.P., be and the same is hereby approved and the Metropolitan Mayor is authorized to execute said Amendment.

Section 6. That this resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Craig Jenkins

LEGISLATIVE HISTORY
Introduced:	August 19, 2003
Referred to:	Budget & Finance Committee
Adopted:	August 19, 2003
Approved:	August 20, 2003
By: