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HomeMy WebLinkAboutOrdinance No. 16,491 (Item 6.b.)ORDINANCE NO. 16,491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF BAYTOWN AND THE BAYTOWN AREA HERITAGE SOCIETY REGARDING THE PROPERTY LOCATED AT 220 WEST DEFEE STREET, BAYTOWN TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown and the Bay Area Heritage Society entered into a Lease Agreement concerning property owned by the City and located at 220 West Defee Street, Baytown, Harris County, dated January 23, 2004; and WHEREAS, Section 7.06 of the Lease Agreement allows for amendment to the terms and conditions of the Lease Agreement only by written instrument agreed to by the Parties and by authority of an ordinance adopted by the City Council; and WHEREAS, the City of Baytown and the Baytown Area Heritage Society now desire to amend certain terms of the Lease Agreement; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to the First Amendment to the Lease Agreement between the City of Baytown and the Baytown Area Heritage Society. A copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmati e vote of the City Council of the City of Baytown this the 28th day of May, 2026. CH LES JOHNS , Ma r ATST /��� �;. Ylroyg.�,,; A ANG APPROVED AS TO FOIE ISTIN HOLMES, Assistant City Attorney R:IOrdinances and Resolutions Ordinance Drafts\2025-10-23\Authorizing Amendment #6.Garth Road Widening.Kimley Hom.kh.docx FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE BAY AREA HERITAGE SOCIETY AND THE CITY OF BAYTOWN STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment to the Lease Agreement between the City of Baytown, Texas and Bay Area H TanBay ociety of Baytown, Texas ("First Amendment") is entered into on this the day of , 2026, by and between the City of Baytown, Texas, a municipal corporation lHarris and Chambers Counties, Texas (hereinafter referred to as the "City" or " Lessor") Area Heritage Society of Baytown, Texas, a Texas non-profit corporation, Bay Area" or "Lessee"). WITNESSETH WHEREAS, the City and Bay Area entered into a Lease Agreement concerning property owned by the City and located at 220 West Defee Street, Baytown, Harris County, Texas. Said Lease Agreement is dated January 23, 2004, a true and correct copy of which is attached hereto as Exhibit " A" and incorporated herein by this reference for all intents and purposes (the "Lease Agreement"); and WHEREAS, Section 7.06 of the Lease Agreement allows for amendment to the terms and conditions of the Lease only by written instrument executed on behalf of the Lessor (by authority of an ordinance adopted by the Lessor's Council) and Lessee; and WHEREAS, Lessor and Lessee now desire to amend certain terms of the Lease Agreement; NOW THEREFORE, IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto mutually agree as follows: Section 1.01 of the Lease Agreement is hereby amended to read as follows: TERM The term of this lease is for 27 years and 6 months, beginning on the date that the Agreement is signed by the Lessor's City Manager (the "Term"). The term shall expire on the 23d day of January 2031, unless terminated sooner or extended as provided in this Lease." Section 7. 01 of the Lease Agreement is hereby amended to read as follows: PARKING Lessee shall have the exclusive use of five (5) off-street parking spaces along North Galliard Street, on the east side of the Premises. If Special Events requiring additional parking are hosted by the Lessee at the Premises, the Lessee may designate the remaining off-street parking spaces along North Gaillard Street for EXHIBIT "A" exclusive use by the Lessee, but only for the duration of the Special Event. Said parking spaces may be marked as "Reserved for BARS" by Lessee or Lessor." No other terms of the Lease Agreement are altered by this First Amendment. 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in multiple copies, each of which shall be Peemed to an original, but all of which shall constitute but one and the same agreement on the Jnt day of , 2026, the date of execution by the City Manager of the City of Baytown. ATTEST: ANGELA`JACKSON, City Clerk y APPROVED AS TO FORM: r V`rne 5 STATE OF TEXAS § COUNTY OF ry1 S § CITY OF BAYTOWN Nvv,-,t CGrol l--lUr)t. Ass stcanr Gty Mgrv iccr- Bay Area Texas Name Society of Baytown, Before me, "K , the undersigned notary public, on this day personally appeared of Bay Area Heritage Society of Baytown, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. 2026. SUBSCRIBED AND SWORN before me ALBA A. RIOS Lo: Notary Public, State of Texas y Comm. Expires 63-13-2029 tilt Notary ID 126484071 this 22 Ay of -2zz , Notary Publ c in and for the State of Texas RAKristin Holmes\Task Tracker Review\I233--Bay Area Heritage Society Lease Agreement\FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE BAY AREA HERITAGE SOCIETY AND THE CITY OF BAYTOWN.docx