Ordinance No. 2,1677288
(0111, ORDINANCE NO. 2167
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 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 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 27th day of
January , 1977.
TOM GENTRY, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
& Z'0
NEEL RI A DSON, City Attorney
E X H I B I T "A"
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7289
LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF BAYTOWN J
7290
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 N E S S E T H:
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, it is agreed as follows:
V1
Subject to the terms and provisions hereinafter set forth,
Lessor has rented and leased, and by these presents does rent and lease,
unto Lessee for a term of one (1) year beginning; February 1, 1977 and
ending January 31, 1978, (unless sooner ended in accordance with the
provisions hereof), the following described premises situated in the
City of Houston, Harris County, Texas, to -wit:
A portion of the second (2nd) story of that
certain building located at 1516 Federal Road
in the City of Houston, in Harris 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
Domes, Inc., LaMonte Construction Company, Inc.,
Federal Road Land and Improvement Company, Dorwayne
Construction Corporation, Strickland Construction
Company, Inc., and Richmond Plaza, Inc., to Noel
Graubart, Trustee, dated February 1, 1972, recorded
in the Office of the County Clerk of Harris County,
7291
Texas, under Film Code No. 140 -21 -2202
through 1110 -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 Ap-
pendix I.
Together with the right of ingress and
egress to Federal Road.
II
As rental for the use of said leased premises, Lessee
covenants and agrees to pay Lessor the sum of Twelve Hundred Eighty -
Nine and No /100 ($1,289.00) Dollars per month, said monthly payments
to be made on the first (1st) day of each month, the first monthly
payment of Twelve Hundred Eighty -Nine and No /100 ($1,289.00) Dollars
being due on the first (lst) day of February, 1977, and one additional
monthly payment being due on the first (lst) 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.
III
Lessor shall pay utility bills for water, gas and electricity
incurred by Lessee in its use of the demised premises.
Iv
It is understood that said premises are to be used by Lessee
for the Harris County Organized Crime Control Unit and /or other
lawful purposes.
V
In addition to the leased premises, which the Lessee 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.
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VI
During the term of this lease Lessor will, at his own
expense, perform the following:
A. Keep and maintain in good repair the exterior walls,
exterior doors, exterior doorways, windows, roof,
structural portions, heating equipment, air condi-
tioning equipment, plumbing, stairways, lobby,
hallways, wiring and electrical equipment, office
space walls, office space ceilings, office space
floors, office space doors, and office doorways
of said building.
B. Keep and maintain in good repair the entrances to
the above mentioned building, and also keep the
same neat and clean.
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) furnishing and instal-
ling of light bulbs and other light producing
elements.
D. Keep and maintain the stairways, lobby, restrooms,
and hallways of said building neat and clean, and
(POI keep a supply of toilet paper and paper towels in
the restrooms of said building.
F. Use his best efforts to keep tenants 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.
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7293
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 of 7:30 a.m. and 6:30 p.m. of
each and every day except Saturdays, Sundays, and
holidays.
VII
Lessor shall pay, before they become delinquent, all taxes
and assessments whatever which may be payable for, on, or in regard
to the 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 the leased 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 action or by settlement.
IX
Should the leased premises or the above mentioned building
be destroyed or damaged so that the leased premises shall be
rendered unfit for use by Lessee, or the right of ingress and egress
be impaired, then and in such event, the rent hereinbefore reserved
shall not be due nor paid by the Lessee during the period of destruc-
tion or damaged condition or impairment and this lease may be termi-
nated at the option of the Lessee. Regardless of whether or not Lessee
exercises its option to terminate the lease in such event, the rent
for any month during which the leased premises 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 Forty -Three and No /100
($43.00) Dollars 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 excess of the amount paid.
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7294
X
Lessor agrees that all fixtures and all personal property
created and /or placed in and on said premises by Lessee may be
removed by Lessee at the termination of this 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
without 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 at a rental
of Forty -Three and No /100 ($43.00) Dollars per day which may be termi-
nated at any time by either Lessee or Lessor.
XII
Lessor covenants and agrees that he will, at his expense,
maintain an 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 ($100,000.00) Dollars for
injuries or death to any one person, not less than Three Hundred
Thousand ($300,000.00) Dollars for injuries or death to more than
one person in any one accident or occurrence and not less than Ten
Thousand ($10,000.00) Dollars 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, it is understood and agreed that
if Lessor refuses or fails to perform any one or more of his under-
takings and obligations which are to be performed during the term
of this lease, then and in that event, Lessee shall have the right
to terminate this lease upon thirty (30) days written notice given
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to Lessor by registered or certified United States Mail, postage
prepaid, return receipt requested, addressed to Noel Graubart,
Trustee, 3915A Dacoma, Houston, Texas 77018, and such 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 prejudice Lessee'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 law.
XTV
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 Agree-
ment shall be the amount received by the City from the Texas Criminal
Justice Council for such purposes.
M
It is agreed between the parties hereto that Lessee shall
have the option to re -lease the premises for a further term of one
(1) year at the same rental rate and upon the same terms and condi-
tions 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 less than thirty (30) days prior to the
expiration date of this lease. Such notice may be given to Lessor
by registered or certified United States Mail, postage prepaid, return
receipt requested, addressed to Noel Graubart, Trustee, 3915A Dacoma,
7296
Houston, Texas 77018, and such option shall be considered exercised
and completed upon Lessee's deposit of the notice in the United States
Mail as aforesaid.
XVI
Lessor covenants and agrees that Lessee, upon the several
conditions herein set forth and upon payment of the rentals herein
provided, and upon continued performance of the covenants and agree-
ments 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 , 1977.
APPROVED AS TO FORM:
NEEL RICHARDSON, City Attorney
CITY OF BAYTOWN
By
FRITZ LANHAM, City Manager
LESSEE
NOEL GRAUBART, Trustee
LESSOR