Loading...
Ordinance No. 1,713ORDINANCE NO.1713 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A LEASE AGREEMENT ON BEHALF OF THE CITY OF BAYTOWNTO LEASE A PORTION OF THE SECOND STORY OF THATCERTAINBUILDING LOCATED AT 1516 FEDERAL ROAD IN THE CITYOF HOUSTON,HARRIS COUNTY,TEXAS, AS OFFICESPACETO BE UTILIZED BY THEHARRISCOUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 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 of the City of Baytown to execute a lease agreement on behalf of the City of Baytown to lease a portion of the second story of that certain building located at 1516 Federal Road in the City of Houston, Harris County,Texas,as office space to be utilized by the Harris County Organized Crime Control Unit.A copy of said lease agreement is attached hereto,marked Exhibit "A,"and made a part hereof for all intents and purposes. Section 2:This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED,READ and PASSED by the affirmative vote of the City Council of the City of Baytown this 26th day of November ,1974. ."OM GENTRY,Mayor ATTEST: EDNA OLIVER,City Clerk APPROVED: f JUrM n«r NEEL RICHARDSON,City Attorney EXHIBIT "A" LEASE THE STATE OF TEXAS X COUNTY OF HARRIS X CITY OF BAYTOWN X This Lease Agreement made and entered into by and between Noel Graubart,-Trustee,hereinafter designated "Lessor"/and The City of Baytown,a body corporate and politic under the laws of the State of Texas,hereinafter designated "Lessee", W I T NE G S E T Hi WHEREAS,Lessee is desirous of leasing the hereinafter described premises located at 1516 Federal Road in the City of Houston,Texas;and WHEREAS,Lessor is desirous of leasing said premises to the Lessee; NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants,agreements,and benefits to both parties,itis agreed as follows: I Subject to the terms and provisions hereinafter set forth,Lessor has rented andleased,and by these presents does rent and lease,unto Lessee for a term of one (1)year beginning February 1,1975 and ending January 31,1976,(unless sooner ended in accordance with the provi sionshereof),the following described premises situated in the City of Houston,Harris County,Texas,to-v/it: Aportion of the second (2nd)story of that certain building located at 1516 Federal Road in the City of Houston,in Karris County,Texas,and being situated on a tract of land described as Tract B in a deed from Miles Strickland (also known as Samuel Miles Strickland), Industrial Homes,Inc.,LaMonte Construction Company,Inc. Federal Road Land and Improvement Company,Dorwayne Con struction Corporation,Strickland Construction Company, Inc.,and Richmond Plaza,Inc.,to Noel Graubart,Trustee, dated February 1,1972,recorded in the Office of ths County Clerk of Harris County,Texas,under Film Code No.140-21-2202 through 14 0-21-2220 inclusive.The above mentioned portion (hereinafter sometimes called "office space")is outlined in red on a floor plan of the second (2nd)story of said building attached hereto as Appendix I. Together with the right of ingress and egress to Federal Road. II . As rental for theuse of said leased premises,Lessee covenants and agrees to pay Lessor thesun of Eleven Hundred seventy-two and lio/lOO —Dollars ($1,172.00)per month,said monthly payments to be made on the First (1st)day of each month,the first monthly payment of Eleven Hundred Seventy-Two and Mo/100 Dollars ($1,172.00)being due on the first (1st)day of February,1975,and one additional monthly payment being due on the first (1st)day of each calendar month thereafter until twelve (12)payments are made or this lease is terminated ..in accordance with the provisions hereof,whichever occurs first. Ill Lessor shall pay utility bills for water,gasand electricity in- 0^curred by Lessee in its use of the demised premises. IV It is understood that said premises are to be used by Lessee for theKarris County Organized Crime Control Unit and/or other lawful purposes. V In addition to the leased premises,which the Lesses shall have the exclusive use thereof,Lessee shall have the right to use (with other tenants of said building)the lobby,hallways,restrooms and entrances of said building. VI During the term of this lease Lessor will,at his own expense, peform the following: A.Keep and maintain in good repair the exterior walls, exterior doors,exterior doorways,windows,roof, structural portions,heating equipment,air condition ing equipment,plumbing,stairways,lobby,hallways, wiring and electrical equipment,office space walls, office space ceilings,office space floors,office space doors,and office doorwaysof said building. B.Keep and maintain in good repair the entrances to the above mentioned building,and also keep thesame ;neat and clean. -2- C.Keep and maintain in good repair and condition the lighting fixtures in the stairways,lobby,hallways and office space of the said building,including (but not limited to)fur nishing and installing of light bulbs and other light producing elements. D.Keep and maintain the stairways,lobby,restrooms and hall ways of said building neat and clean,and keep a supply of toliet paper and paper towels in the restrooms of said building. E.Use his best efforts to keeptenants of said building and other persons from blocking or obstructing the stairways, \lobby,entrances,hallways and restrooms of said building. F.Use his best efforts to keep all persons using any part of the above mentioned building from making excessive noise, causing an offensive odor,or otherwise interfering with Lessee's use and enjoyment of the leased premises and the exercise of its rights hereunder. G.Operate the air conditioning and heating equipment so as to maintain the air temperature in said building between 70 and 75 degrees Fahrenheit between the hours of7:30 a.m. and 6:30 p.m.of each and every day except Saturdays, Sundays and County holidays. VII Lessor shall pay,before they become delinquent,all the taxes and assessments whatever which may be payable for,on,or in regard tothe leased premises,or any part hereof during said term. VIII Should a dispute arise as to Lessor's right,title and/or right to lease theleased premises,Lessee may withhold the rent herein reserved,but such rent shall continue to accrue and shall be payable by Lessee to the party or parties entitled thereto after said dispute shall be settled,either by court actionor by settlement. -3- IX Should the leased premises or the above mentioned building be \destroyed or damaged so that the leased premises shall be rendered unfit for useby Lessee,or the right of ingress and egress be im paired,then and in such event,the rent hereinbefore reserved shall not be due nor paidbytheLessee during the period of destruction or damaged condition or impairment and this lease may be terminated at the option of Lessee.Regardless of whether or not Lessee exercises its option to terminate the lease in such event,the rent forany month during which the leasedpremises are unfit for use by Lessee for a portion thereof shall be equal to the number of days the same was fit for use by Lessee times thirty-nine and no/100 Dollars ($39.00) 0*and if the rent for any such month has been paid in advance,then Lessee shall be entitled to a refund from Lessor of the excessamount paid. X Lessor agrees that all fixtures and all personal property created and/orplaced in and on said premises by Lessee may be removed by Lessee at the termination ofthis lease,or any extension thereof, even though the same may be attached to the premises. XI In the event Lessee shall hold over and remain in possession of the premises herein leased after the expiration of this agreement with out any written renewal or extension thereof,such holding over shall not be deemed to operate as a renewal or extension of this agreement but shall only create a tenancy from day to day ata rental of Thirty-nine and No/100 Dollars ($39.00)per day which may be terminated at any time by eitherLessee or Lessor. XII Lessor covenants and agrees that he will,at his expense,maintain a^owner's,landlord's and tenant's liability insurance policy covering the leased premises with coverage in the amount of not less than One Hundred Thousand Dollars ($100,000.00)for injuries or death to any one person,not less than Three Hundred Thousand Dollars ($300,000.00)for -4- injuries or death to more than one person in anyone accident or occurrence and not less than Ten Thousand Dollars ($10,000.00)for any single occurrence for injury to or destruction of property.The said policy shall name the Lessee as insured. XIII Notwithstanding anything herein to the contrary or that may be construed to the contrary,itis understood and agreed that if Lessor refuses or fails to perform any one or more of his undertakings and obligations which areto be performed during the term of this lease, then and in that event,Lessee shall have the right toterminate this lease upon thirty (30)days written notice given to Lessor by registered or certified United States Mail,postage prepaid,return receipt requested,addressed to Noel Graubart,Trustee,3915A Daconia, Houston/Texas 77018,andsuch right shall be considered exercised and completed upon Lessee's deposit of the notice in the United States Mail as aforesaid.It is further understood that Lessee's exercise of any of the rights or options under this paragraph shall not pre judiceLessee's refusal or failure to perform,and that the rights and options under this paragraph are cumulative with,and not in lieu of,other remedies provided by lav;. XIV Notwithstanding anything to the contrary in this Agreement,or that may be construed to the contrary,it is expressly understood and agreed that this Agreement is predicated and conditioned on The City of Baytown receiving approval of this Agreement and funds for the purpose of paying the entire obligation of the City under this Agreement from the Texas Criminal Justice Council.Accordingly,notwithstanding anything herein to the contrary,the maximum liability of the City of Baytown under the terms and provisions of this Agreement shall be the amount received by the City from the Texas Criminal Justice Council for such purposes. -5- XV Itis agreed between the parties hereto that Lessee shall have the option to re-le,ase the premises for a further term of one (1) year at the same rental rate and upon the same terms and conditions as are provided for in this lease.Lessee shall exercise this option by giving written notice of intent to extend for a further term of one (1)year not lessthan thirty (30)days prior to the expiration date of this lease.Such notice may be given to Lessor byregistered or certified UnitedStates Mail,postage prepaid,return receipt requested,addressed to Noel Graubart,Trustee,3915A Dacoma,Houston, Texas 77018,and such option shall be considered exercised and com pleted upon Lessee's deposit of the notice in the United States Mail as aforesaid. XVI Lessor covenenats and agrees that Lessee,upon the several condi tions herein set forth and upon payment of the rentals herein provided, and upon continued performance of the covenants and agreements herein contained,shall and may peacefully and quietly have and occupy the said premises for the term herein set forth. Executed in duplicate originals,this day of ,1974. CITY OF BAYTOWN By FRITZ LANIIAM,City Manager LESSEE WOEL GRAUBART,Trustee LESSOR APPROVED AS TO FORM: City Attorney APPROVED BY THE TEXAS CRIMINAL JUSTICE COUNCIL Title1 1 15 X I|- 8 X f 25 - 0 " X SO U T H E R N LI F E 8, HE A L T H IN S U R A N C E CO . C 0 N PE: R E : . - i C £ > KO O M j 6'X l 2 ' \ ^ \ 10 - 6 x 1 2 - 0 i 7' U y . y ^ ' $- j £ 9 .