Ordinance No. 5,508ORDINANCE NO. 5508
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE BAY AREA
HERITAGE SOCIETY OF BAYTOWN AND THE CITY OF BAYTOWN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS.
NETT 0. HUTTO, 'ayor
EILEEN P. HALL, City Clerk
RAND La B. STRONG, C Attorney
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900405 -1a
FIRST AMENDMENT
TO THE LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND THE
THE BAY AREA HERITAGE SOCIETY OF BAYTOWN
THE STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ( "Amendment ") to that certain Lease
Agreement between the "City of Baytown" and the "Bay Area
Heritage Society of Baytown" dated November 17, 1986, is made by
and between the same parties on the date hereinafter last
specified.
W I T N E S S E T H:
WHEREAS, the City of Baytown (City) and the Baytown Area
Heritage Society of Baytown (Society) did enter into a Lease
Agreement on November 17, 1986, whereby the Society leased a
certain building from the City in return for compensation stated
within such Lease; and
WHEREAS, the City and Society now desire to change the
compensation paid by the Society by adjusting the amount paid for
utilities;
NOW THEREFORE, for and in consideration of the premises and
the mutual covenants and agreements herein contained, the parties
hereto do hereby mutually agree as follows:
I
Unless a different meaning clearly appears from the context,
words and phrases as used in this Amendment shall have the same
meanings as in the Lease.
*E " T A
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II
• The provisions of Section VII of the Lease, are hereby
repealed, and a new Section VII is hereby inserted to read in its
i
entirety as follows:
0
Section VII
Payment of Utilities
Lessee hereby agrees to pay for telephone services
finished on the premises for the term of the Lease.
Lessee shall pay, as additional rentals, a portion of
the electric, natural gas, and water charges. Such
portion of expenses shall be determined on a pro rata
basis of the square footage of the interior floor area
of the lease premises as it relates to the total square
footage of the Post Office - Federal Building Complex
located at 220 West Defee, Baytown, Harris County,
Texas. For the three -year period beginning January 1,
1990, and ending December 31, 1992, the Lessor shall
pay all of the electrical, natural gas, and water
charges for the complex including that portion leased
by the Lessee. Beginning January 1, 1993, the
electric, natural gas, and water charges will again be
prorated between Lessee and Lessor as described above.
III
The provisions of this Amendment and the provisions of the
Lease should be read together and construed as one agreement
provided that, in the event of any conflict or inconsistency
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between the provisions of this Amendment and the provisions of
• the Lease, the provisions of this Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment in multiple copies, each of which shall be deemed to be
an original, but all of which shall constitute but one and the
same amendment, this day of , 1990,
the date of execution by the Mayor of the City of Baytown.
CITY OF BAYTOWN
EMMETT 0. HUTTO, MAYOR
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
Secretary
S:5:38:1
Je
THE BAY AREA HERITAGE SOCIETY
OF BAYTOWN
BY:
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President