Ordinance No. 3,26711112 -19
ORDINANCE NO. 3267
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 BUILDING
LOCATED AT 612 PALESTINE STREET IN THE CITY OF SOUTH
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 building located at 612
Palestine Street in the City of South 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 the 12th day of
November , 1981.
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ATTEST:
EILEEN P. MALL, City Clerk
APPROVED:
ANDALL B. STRO City Att ey
LEASE AGREE:JENT
THE STATE OF TEXAS :
COUNTY OF HARRIS :
CITY OF BAYTOWN
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This Lease Agreement made and entered into by and between
Chester L. 'Mills, hereinafter designated "Lessor ", and the City
of Bavto;vn, 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 612 Palestine Street in the City
of South 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:
1.
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 twenty -two (22) months be-
ginning rvvember 1981, and ending September 30, 1983,
(unless s -oner ended in accordance with the provisions hereof),
the follo,ing described premises situated in the City of South
Houston, Harris County, Texas, to -wit:
Lot Thirteen (13) in Block Three Hundred Thirty --
three (333) of the TOWN OF SOUTH HOUSTON, in Harris
County, Texas, according to the map or plat thereof
recorded in Volume 2, Page 42 of the !lap Records
of Harris County, Texas, also known as 612 Palestine,
South Houston, Texas, together with the right of in-
gress and egress to Palestine Street.
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11.
As rental for the use of said .leased premises, Lessee
covenants and agrees to pay Lessor the sum of FOURTEEN HUNDRED
FIFTY & N0 1100 ($1,450.00) DOLLARS per month, said monthly
payments to be made on the first (1st) day of each month.
The first monthly payment shall be Fourteen Hundred Fifty & No/100
($1,450.00) Dollars and paid on the day of December,
1981. Each additional monthly payment shall be due on the first
(1st) day of each calendar month thereafter until twenty two
(22) payments are made or this lease is terminated in accordance
with the provisions hereof, whichever odcurs first.
III.
Lessor shall pay utility bills for water, gas and electri-
city 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.
The Lessee shall have the exclusive use of the leased pre-
mises,'
which shall include the structure, parking lot, driveway,
and land attached thereto.
V1.
During the term of this lease Lessor will, at his own ex-
pense, perform the following:
A. Keep and maintain in good repair the exterior
walls, exterior doors, exterior doorways, windows,
roof, structural portions, heating equipment, air
conditioning equipment, plumbing, stairways, lobby,
hallways, wiring and electrical equipment, office
space walls, office space ceilings, office space
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floors, office space doors, and office doorivays 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 installing of
light bulbs and other light producing elements_
D. Keep a supply of toilet paper and paper towels in
the restrooms of said building.
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.
Vila,
Should a dispute arise as to Lessor's right, title,
and /or right to lease the leased premises, Lessee may with-
hold 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 destruction or damaged condition
or impairment and this lease may be terminated at the option
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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 Eight
Dollars and 33/100 ($48.33) 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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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 ex-
tension thereof, even though the same may be attached to the
premises.
XI.
In the event Lessee shall hold over and remain in possess-
ion 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 Eight and 33/100 ($48,33) Dollars
per day which may be terminated 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
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Ten Thousand {$10,000.40} 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 undertakings 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 to Lessor by registered or certified
United States Mail, postage prepaid, return receipt requested,
addressed to Chester L. Mills, P. 0. Box 626, South Houston,
Texas 77587, 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.
XIV.
Notwithstanding anything to the contrary in this Agreement,
or that may be construed to the contrary, it is expressly under-
stood and agreed that this Agreement is predicated and conditioned
on the Ci_} 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.
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XV .
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 terns and
conditions as are provided for in this lease, however, the Lessor
may negoiate for an increase in rent to cover normal utility rate
increases. Lessee shall exercise this option by giving written
notice of intent to extend for a further term of one (1) year
not less h.an thirty (30) days prior to the expiration date of this
lease. Such notice may e given to Lessor by'regi.stered or certi-
fied United States Mail, postage prepaid, return receipt requested,
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addressed to Chester L. jjills, P. O. Box 626, South Houston,
Texas, 77587, and such option shall be considered exercised and
completed upon Lessee's deposit of the notice in the United
States Flail 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 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 the day of
1981.
THE CITY OF BAYTOWN
By
FRITZ LANHAM, City Rianager
LESSEE
CHESTER L. !°TILLS
LESSOR
APPROVED AS TO FORM:
RANDALL B. STRONG, City Attorney
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