HomeMy WebLinkAboutRes.3123.11-06-2017 BILL NO. 17-167 RESOLUTION NO. 3/10
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE FOURTH ANLNDMENT TO LEASE
AGREEMENT WITH SSM HEALTH CARDINAL GLENNON
CHILDREN' S HOSPITAL, FOR OFFICE SPACE AT THE
CAPE GIRARDEAU REGIONAL AIRPORT
BE IT RESOLVED ' BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the
City of Cape Girardeau, Missouri, is hereby authorized to
execute the Fourth Amendment to Lease Agreement with SSM _
Cardinal Glennon Children' s Hospital, for office space at the
Cape Girardeau Regional Airport, in the City of Cape Girardeau.
-The Amendment shall be in substantially the form attached hereto
as Exhibit A, which document is hereby approved by the City
Council, with such changes therein as shall be approved by the
officers of the City executing the same.
•
PASSED AND ADOPTED THIS 01/4)1C) DAY OF\-\... \\*ViA017
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FOURTH AMENDMENT TO LEASE AGREEMENT
4021 John E. Godwin Memorial Drive, Cape Girardeau, MO 63780
City of Cape Girardeau
SSM Health Cardinal Glennon Children's Hospital
This FOURTH AMENDMENT TO LEASE AGREEMENT ("Amendment") is effective July 1,
2017 ("Effective Date"), by and between SSM Cardinal Glennon Children's Hospital, a Missouri
nonprofit corporation, doing business as SSM Health Cardinal Glennon Children's Hospital
("LESSEE")and City of Cape Girardeau,Missouri ("LESSOR").
WHEREAS, LESSEE and LESSOR entered into a Lease Agreement ("Lease") effective
December 1, 2012 which was subsequently amended, for approximately 917 usable square feet, located at
the Cape Girardeau Regional Airport at 4021 John E. Godwin Memorial Drive, Cape Girardeau, MO
63780; and
WHEREAS, LESSEE and LESSOR wish to add approximately 300 usable square feet to the
lease Premises, increasing the total area of the lease Premises to approximately 1,217 usable square feet;
and
WHEREAS, LESSEE and LESSOR have agreed to certain alterations and improvements that will
be made to the lease Premises; and
WHEREAS, LESSEE and LESSOR desire to modify certain provisions of the Lease as set forth
below in order that the Lease, as modified, is acceptable to both parties for execution.
THEREFORE, it is understood and agreed upon by the parties as follows:
1 LESSOR agrees to make the following alterations and improvements ("Construction")to
the Premises:
a. The addition of two(2)downstairs bedrooms;
b. The renovation of one(1)existing downstairs bedroom;
c. General aesthetic updates to the downstairs area and bathroom; and
d. HVAC/electrical reconfiguration.
2. The Term of the Lease shall be extended for an additional four (4) years from the date
that Construction is substantially complete and a Certificate of Occupancy has been
obtained ("Construction Completion Date"). Upon the determination of the Construction
Completion Date, the parties shall sign the Confirmation Letter located at Exhibit B.
incorporated herein by this reference.
3. As of the Construction Completion Date, LESSEE shall to LESSOR as rent: One
Thousand Seven Hundred Fifty and 00/100 DOLLARS ( $1,750.00)per month during the
Term.
4. The following replaces the second paragraph of Section 18.
LESSEE is an equal opportunity employer As part of its affirmative action policies and
obligations, LESSEE is subject to and will comply with the provisions governing federal
contractors as set forth in 41 CFR 60-I 4(a) and 41 CFR 60-741.5(a), and these
regulations are hereby incorporated into this contract by reference.
Version: 1224114 Page 1 of 6
5. The following replaces Section 21.
REPRESENTATION AND WARRANTY.
Each party represents and warrants to the other party that it, its owners, employees,
agents and any subcontractors(collectively "Personnel") are not: (i) listed on the System
for Award Management website ("sam.gov") with an active exclusion; or (ii) suspended
or excluded from participation in any federal health care programs, as defined under
42.U.S.C. § 1320a-7b(f), any form of state Medicaid program, and are not listed on the
Office of the Inspector General's website ("oig.hhs.gov") (collectively, "Government
Payor Programs"). Each party also represents and warrants that to the best of its
knowledge there are no pending or threatened governmental investigations that may lead
to suspension or exclusion of that party or its Personnel from Government Payor
Programs or may be cause for listing on sam.gov or oig.hhs.gov (collectively, an
"Investigation"). Each party shall notify the other party of the commencement of any
Investigation or suspension or exclusion from Government Payor Programs within three
(3) business days of its first learning of it. Either party shall have the right to
immediately terminate this Agreement upon learning of any such Investigation,
suspension or exclusion. Each party shall be timely kept apprised by the other party of
the status of any such Investigation. Each party shall indemnify, defend, and hold the
other party harmless from any claims, liabilities, fines, and expenses (including
reasonable attorneys' fees) incurred as a result of each party's breach of this paragraph.
6. The following shall be added to the end of Section 25
This Lease may be terminated LESSEE for any reason upon thirty(30)days prior written
notice to the LESSOR.
7 The following shall be added to the end of Section 26:
This Lease may be terminated LESSEE for any reason upon thirty(30)days prior written
notice to the LESSOR.
8. The following replaces Section 27:
NOTICES.
Any notice or communication required or permitted to be given under this Lease
shall be served personally, sent by United States certified mail or sent by email to
the following address:
If to LESSEE: SSM Health
Attn: Contracts
10101 Woodfield Lane
St. Louis, MO 63132
Email. ContractNotices@ssmhc.com
If to LESSOR: City of Cape Girardeau, Missouri
Attn: Bruce W. Loy, Airport Manager
P.O Box 617
Cape Girardeau, MO 63702-0617
Page 2 of 6
Email. BLoy@cityofcapegiardeau.org
Any change to the notice address listed above must be given to the other party in
the same manner as described in this section. The date of notice shall be the date of
delivery if the notice is personally delivered, the date of mailing if the notice is sent
by United States certified mail or the date of transmission if the notice is sent by
email. Each party agrees to maintain evidence of the respective notice method
utilized.
9. Exhibit A shall be replaced with the attached Exhibit A.
All other terms of the Lease shall remain in full force and effect. If the terms of the Lease in any
way conflict with or are otherwise inconsistent with the terms of this Amendment, this Amendment shall
govern and control.
]Remainder of Page Intentionally Left Blank- Signature Page to Follow]
Page 3 of 6
IN WITNESS WHEREOF, each person signing below represents and warrants that he or she is
fully authorized to sign and deliver this Amendment in the capacity set forth beneath his or her signature
and the parties hereto have signed this Amendment as of the date and year written below.
LESSOR: LESSEE.
City of Cape Gi . 1 issouri SSM Cardinal Glennon Children's Hospital
d/b/a SSM Health Cardinal Glennon
Children's Hopsital
2 1091
By. �� By.
Name: Sco -yer Name: Lee Bernstein
Title: Cif, ger Title: Regional Vice President of Hospital
Address: PO Box 617 Operations/COO
Cape Girardeau, MO 63703 Address: 1173 Corporate Lake Drive
Email: smeyer@cityo1fcapegirardeau.org St. Louis, MO 63132
Date: `\-SI \ Date:
Acknowledged:
By: 40(1414
Name: ayle Conrad
Title: City Clerk
Address: PO Box 617
Cape Girardeau, MO 63703
Email: cityclerk@cityofcapegirardeau.org
Date: \\_1 — n-
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EXHIBIT A
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EXHIBIT B
Confirmation Letter
1. Condition of Premises. LESSOR has delivered the Premises to LESSEE and LESSOR has
completed its Construction pursuant to the Lease.
2. Beginning Date. The Construction Completion Date of the Lease is
3 Expiration Date. The Expiration Date of the Lease is .
Please indicate your agreement to the above terms by signing below.
LESSOR: LESSEE.
City of Cape Girardea k issouri SSM Cardinal Glennon Children's Hospital
d/b/a SSM Health Cardinal Glennon
ille/ Children's Hopsital
By: �i By:
Named Scott • . Meyer Name: Lee Bernstein
Title: City • •nager Title: Regional Vice President of Hospital
Address: PO Box 617 Operations/COO
Cape Girardeau, MO 63703 Address: 1173 Corporate Lake Drive
Email: smeyer@cityofcapegirardeau.org St. Louis, MO 63132
Date: 1/- - 742/ Date:
Acknowledged:
By: J 5 (DAS
Name: Q Gayle Conrad
Title: City Clerk
Address: PO Box 617
Cape Girardeau, MO 63703
Email: cityclerk@cityofcapegirardeau.org
Date: it-1-)‹ e
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