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art.008/3/008/2/014/2/014/1

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     ARTICLE 8

RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE

     SECTION 1. This Article consists of a joint resolution that is submitted pursuant to § 37-

6-2 authorizing various lease agreements for office space and operating space.

     SECTION 2. Executive Office of Commerce

     WHEREAS, the Executive Office of Commerce currently occupies approximately 2,983

square feet at 555 Valley Street (Building 58, Suite 203) in the City of Providence;

     WHEREAS, the Executive Office of Commerce currently has a current lease agreement,

in full force and effect, with Foundry ALCO Members, LLC for approximately 2,983 square feet

of office space located at 555 Valley Street (Building 58, Suite 203);

     WHEREAS, the existing lease expires on June 30, 2022, and the Executive Office of

Commerce wishes to exercise its option to renew this lease for an additional five-year term;

     WHEREAS, the State of Rhode Island, acting by and through the Executive Office of

Commerce attests to the fact that there are no clauses in the lease agreement with Foundry ALCO

Members, LLC that would interfere with the Executive Office of Commerce lease agreement or

use of the facility;

     WHEREAS, the leased premises provide a critical location for the offices of the Executive

Office of Commerce from which the organization can fulfill the mission of the Executive Office of

Commerce;

     WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June

30, 2022 is $71,234.04;

     WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years

of the renewal term will not exceed $76,576.60;

     WHEREAS, the payment of the annual base rent will be made from funds available to the

Executive Office of Commerce for the payments of rental and lease costs based on annual

appropriations made by the General Assembly;

     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 Executive Office of Commerce and Foundry ALCO Members, LLC for leased space

located at 555 Valley Street (Building 58, Suite 203), Providence; now therefore be it

     RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the

lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed

$382,883; and it be further

     RESOLVED, that this Joint Resolution shall take effect upon passage by the General

Assembly; and it be further

     RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly

certified copies of this resolution to the Governor, the Director of the Executive Office of

Commerce, the Director of Administration, the State Budget Officer, and the Chair of the State

Properties Committee.

     SECTION 3. Department of Corrections

     WHEREAS, the Rhode Island Department of Corrections has a current lease agreement,

in full force and effect, with WRR Associates, LLC. for approximately 5,086 square feet of office

space located at 49 Pavilion Avenue, Providence;

     WHEREAS, the State of Rhode Island, acting by and through the Department of

Corrections attests to the fact that there are no clauses in the lease agreement with the WRR

Associates, LLC that would interfere with the Department of Corrections lease agreement or use

of the facility;

     WHEREAS, the existing lease expires on January 31, 2023, and the Department of

Corrections wishes to advertise a Request for Proposals seeking approximately 5,000 square feet

of office space and relocating to a new office location in Providence;

     WHEREAS, the annual base rent in the current agreement in the current fiscal year, ending

June 30, 2022 and continuing through January 31, 2023 is $108,690;

     WHEREAS, the annual base rent of the agreement through January 31, 2023 will not

exceed $108,690;

     WHEREAS, it is anticipated that the annual base rent of the new lease agreement in each

of the ten years of the term will not exceed $110,000;

     WHEREAS, the payment of the annual base rent will be made from funds available to the

Department of Corrections for the payments of rental and lease costs based on annual

appropriations made by the General Assembly;

     WHEREAS, the proposed new leased premises will provide a critical location for the

offices of the Department of Corrections from which the Department can serve the needs of

Providence and surrounding communities and otherwise fulfill the mission of the Department of

Corrections;

     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 the office space located

at a location to be determined in the City of Providence, Rhode Island; now therefore be it

     RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the

lease agreement, for a term not to exceed ten (10) years and an aggregate base rent not to exceed

$1,100,000; and it be further

     RESOLVED, that this joint resolution shall take effect upon passage by the General

Assembly; and it be further

     RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly

certified copies of this resolution to the Governor, the Director of the Department of Corrections,

the Director of Administration, the State Budget Officer, and the Chair of the State Properties

Committee.

     SECTION 4. University of Rhode Island -- Communicative Disorders Program Lease

Renewal

     WHEREAS, the University of Rhode Island (“University”) has academic programs in

physical therapy, communicative disorders, and kinesiology with teaching, research, and outreach

that benefit Rhode Island adults and children with injuries and disabilities;

     WHEREAS, the Independence Square Foundation (“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;

     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:

     WHEREAS, in 1991, the University and the Board of Governors for Higher

Education/Council on Postsecondary Education/University of Rhode Island Board of Trustees

(“Board”), and the State Properties Committee (“Properties Committee”) approved a lease of land

(“Ground Lease”), for ten years, with ten years renewable, for a parcel of land at 25 West

Independence Way on the Kingston Campus of the University in Kingston, Rhode Island to the

Foundation, enabling Independence Square to build a 40,000 square foot community center

building for not-for-profit tenants;

     WHEREAS, in 2002, the University, the Board and the Properties Committee, approved a

space lease executed on May 24, 2002 and terminating, with executed extensions, on January 31,

2023, wherein the Foundation leased to University approximately 4,300 rentable square feet of

space located Building II for the University’s Communicative Disorders program (“Program”)

within the original phase of building at 25 West Independence Way and that Program, associated

students and faculty have benefited from the quality, accessible, and well maintained facilities for

the duration of that lease;

     WHEREAS, in 2007, the University, the Board, and the Properties Committee have

approved a 25 year extension to the existing Ground Lease, commencing as of January 1, 2009 and

terminating on January 31, 2034;

     WHEREAS, in 2022, the University and the Board approved a space lease commencing as

of the February 1, 2023 and terminating on January 31, 2034 , wherein the Foundation leased to

University approximately 4,300 rentable square feet of space located Building II for the

University’s Program within the original phase of building at 25 West Independence Way and that

Program, associated students and faculty have benefited from the quality, accessible, and well

maintained facilities for the duration of that lease;

     WHEREAS, it is in the best interest of the Program, associated students and faculty to have

continued access to the quality, accessible, and well maintained facilities for the duration of the

lease;

     WHEREAS, the renewal of the lease requires the University to pay rent, plus the

University’s proportional share of building operating expenses, such as heating, cooling, lighting,

and basic electrical service, such rent, for the Lease period, in total, shall be $758,692.00. The

proportionate share of building operating expenses are calculated on an annualized basis, this

proportionate share of building operating expenses being subject to annual increases in operating

expenses in future years; now, therefore be it

     RESOLVED, that this General Assembly of the State of Rhode Island hereby recognizes

that lease payments of rent will not exceed $758,692.00 for the duration of the Communicative

Disorders Program Lease Renewal (“Lease Renewal”), plus the proportionate share of building

operating expenses; and be it further

     RESOLVED, that this General Assembly hereby approves this Lease Renewal and its

associated rent and proportionate operating cost; and be it further

     RESOLVED, that this Joint Resolution shall take effect upon passage by this 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 Governor, the President of the University of Rhode Island,

the Director of Administration, the State Budget Officer, and the Chair of the State Properties

Committee.

     SECTION 5. University of Rhode Island Physical Therapy Program Lease Renewal

     WHEREAS, the University of Rhode Island (“University”) has academic programs in

physical therapy, communicative disorders, and kinesiology with teaching, research, and outreach

that benefit Rhode Island adults and children with injuries and disabilities;

     WHEREAS, the Independence Square Foundation (“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;

     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:

     WHEREAS, in 1991, the University and the Board of Governors for Higher

Education/Council on Postsecondary Education/University of Rhode Island Board of Trustees

(“Board”), and the State Properties Committee (“Properties Committee”) approved a lease of land

(“Ground Lease”), for ten years, with ten years renewable, for a parcel of land at 25 West

Independence Way on the Kingston Campus of the University in Kingston, Rhode Island to the

Foundation, enabling Independence Square to build a 40,000 square foot community center

building for not-for-profit tenants;

     WHEREAS, in 2007, the University, the Board, and the Properties Committee have

approved a 25 year extension to the existing Ground Lease, commencing as of January 1, 2009 and

terminating on January 31, 2034;

     WHEREAS, in 2013, the University, the Board and the Properties Committee, approved a

space lease commencing as of the February 1, 2014 and terminating on February 28, 2023, wherein

the Foundation leased to University approximately 16,400 rentable square feet of space located

Building II for the University’s Physical Therapy program (“Program”) within the original phase

of building at 25 West Independence Way and that Program, associated students and faculty have

benefited from the quality, accessible, and well maintained facilities for the duration of that lease;

     WHEREAS, in 2022, the University and the Board approved a space lease commencing as

of March 1, 2023 and terminating on January 31, 2034 (“Lease”), wherein the Foundation leased

to University approximately 16,400 rentable square feet of space located Building II for the

University’s Program within the original phase of building at 25 West Independence Way and that

Program, associated students and faculty have benefited from the quality, accessible, and well

maintained facilities for the duration of that Lease;

     WHEREAS it is in the best interest of the Program, associated students and faculty to have

continued access to the quality, accessible, and well-maintained facilities for the duration of the

Lease;

     WHEREAS, the lease requires the University to pay rent, plus the University’s

proportional share of building operating expenses, such as heating, cooling, lighting, and basic

electrical service, such rent, for the Lease period, in total, shall be $2,871,694.67. The proportionate

share of building operating expenses are calculated on an annualized basis, this proportionate share

of building operating expenses being subject to annual increases in operating expenses in future

years; now, therefore be it

     RESOLVED, that this General Assembly of the State of Rhode Island hereby recognizes

that Lease payments of rent will not exceed $2,871,694.67 for the duration of the Lease, plus the

proportionate share of building operating expenses; and be it further

     RESOLVED, that this General Assembly hereby approves this Physical Therapy Program

Lease Renewal and its associated rent and proportionate operating costs; and be it further

     RESOLVED, that this Joint Resolution shall take effect upon passage by this 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 Governor, the President of the University of Rhode Island,

the Director of Administration, the State Budget Officer, and the Chair of the State Properties

Committee.

     SECTION 6. This Article shall take effect upon passage.