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Ordinance No. 6,3810 • 921008 -3 ORDINANCE NO. 6381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A LEASE AGREEMENT ON BEHALF OF THE CITY OF BAYTOWN FOR OFFICE /WAREHOUSE SPACE; 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 approves a lease agreement for office /warehouse space, and authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to said lease agreement. 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 immediately 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 8th day of October, 1992. BOBBY ED LE, Mayor ATTEST: EILEEN P. HALL, City Clerk '00L ACIO RAMIREZ, R. 1 t Attorney C:1:29:10 - -------- -- :SAS .ASSOCIATION OF REALTORS$ COMMERCIAL LEASE This lase agreement is made and entered into by and belt Be r n a d en e Foster (landlord)and QtX of Baytown Trustee o err s nti4fr�Wd hereby law toTalfamtn+ Tenant hereby nor t i4 n property ton veatert s ere��t, contacting approximately 7755�a square feet, hwinafter called the "leased premixes ", tractor as Mar e (Address, Lot 8 , Black Woodland Acres__ Addition, City of Houston Harris County, Taxes; or as more particularly described below or on attached exhibit: The primary term of this ieate shall be Eight Months r�9n Firstly of October 14 92 . and ending on the 31st day of � , 19 93 , upon the following wvas, conditions, and covenants: I. TAXES, Each year during the term of this-lease, Landlord shall pay real estate texas assessed against the lentil premises in an amount equal to the total real astate tam assessed the loved premiss In the but year. Illais"ArdEtAilvtgotXrlit #r4QKA YdtWMAtUhN"Mal[pIMM iljJ -A-X tar • Aar I�Ib� �Ifd4itYeigrpl6ll . �TateiryN><Mt>1)SUdcx7GxxXYXX malxrewwww 2. UTILIT768. Tenn& shall pay all charges for utility asrvkn to the lased promises except for Tenant to pay all u t i 1 i t e s which shall be paid by the Landlord. 3. HOLDING OVER. Failure of Tenant to swmnder the laced promisee at the expir1babof6�1 lease constitutes a holding over which " be construed as a tenancy from month to month at a rental of S per month. 4306 Misty Timbers Way, Kin wood, TX.77345 Harris 4. RENT, Temant asters to and shall pay t Andford se g , 6un►y of . Texas, or at such other place Landlord shall dedginste from time to time. In writing, as rent for the 1cased tiro total sum of s _ 11,_ 2Q0.00 payable without demand Ill equal moothl pa b t S 1 ' 4�� soh in advance on or before the 191 day of each month, oommen"an �c .119 $ 2 , and continuing thereafter until the total tom shall be paid. A vetment to the nett. If any. Air root eteatators. for percentage of net rent, or for increases in 'building operation costs (including but not limited to insurance, custodial services, maintenance and utilities) shell be as set forth in so attached Weindu Re t 'rooelved after the first day of the month shall be doe quent. if rent is not received by Landlord by the en h of each month. Tenant shall pay a late charge of$ ''— plus a penalty of S NSA per day until rent is received In U. Tarrant shall pay $ for each returned check. 3. USE. Tenant shell use the leased premises for the following-purposs and to other: Storage and Office Area 6. SECURITY DEPOSIT. Tenant shall pay to Landlord a security deposit in the sum of $ 1, 400.00 , payable on or before the commencement of this lease for Tenant's AkithNI performance hereunder. Refund thereof shall be made upon performance of this lease agreement by Tenant, minus any asuementt or damages unless Landlord and Tenant provide other** in Special PfOWons. ?..INSURANCE. Landlord shall pay for are and extended coverage Insurance on the buildings and other improve. ments on the leased promises in an amount not loss than $As valued which amount shall be increased yearly in Proportion to the increase in market value of the premises, If Landlord provides any insurance herein, Tenant shall pay to Landlord, during the term hereof, the amount of any Increase in premiums for the insurance required over and above such premiums paid during the ant year of this lease. Tenant shall provide puh& liability and property damage insurance for its business operations on the leased promises in the amount of S 100 "660 which policy shall cover the Landlord as well as the Tenant. Said Insurance policies required to be provided by Tenant herein shall name Landlord as an insurod and shall be issued by An insurance company approved by Landlord. Tenant shalt provide Landlord with certificate ofinsurance evidencing the coverage required hereto. Tenant shall be solely responsible for Ras and casualty imuranos on Tenant's property on or about the teased premises, If Tenant don not maintain such insurance in full force and effect, Landlord may notily, Tenant of such failure and if Tenant does not deliver to Landlord within 10 days after such notice certification showing all such insurance to be in Null force and effect, landlord may at his option, take out the,necwary insurance to comply with the provision hereof and pay the premiums an the items specified In such notice, and Tenant covenants thereupon on demand to reimburse and pay Landlord any amount so paid or expended in the payment of the Insurance premiums required hereby and spocified in the notion, with interest thereon at the rate of percent per annum from the dale of such payment by Landlord until repaid by Texan. I. CONDITION OF PREMISES. Tenant has examined and accepts the leased premises in its present as is condition as suitable for the purposes for which the same are leased, and does hereby accept the leased premises regardless of reasonable deterloratlon between the date of this lease and the data Tenant begins occupying the leased premises unless Landlord and Tenant agree to repairs or refurbishment as nutted in Special Piovislons. 9. MAINTENANCE AND REPAIRS. Landlord shall keep the foundation, the exterior walls (except glass; windows; doors; • door closure devices: window and door frames, molding, looks, and hardware; and interior painting or other treatment of exterior walls). and the roof of the leased premises in good repair except that landlord shall not be required to make any repairs ffleasionCd by the act or negllsorm of Tenant, Its employees, subtanants, ticenseea and ooncessionaira. Tenant is responsible for maintenance of the common area and common area equipment. if Landlord is responsible for any such repair and maintenance. Tenant &gross to give Landlord written notice of needed repairs, Landlord shall make such repairs within a reasonabls tithe. Tenant shall notify Landlord immediately of any emar&aney repairs..' i' anant .sball.kaep•the.lesiadpnmises in.sood.•clerk,condition And shall at its sole cost and expense, make all needed repairs and replacements, including replacement of creaked or broken stass, except for repairs and replacements required to be made by Landlord under this seetlon. if any repel" required to be made by Tenant hereunder are not made'wiihin tee (IOl days after written notice daliveM td Tensfyt by'LtMrord, Landlord may at its option make EKN1DI 1 rrwa oast ins ARINTI:D BY HOUSTON 80AR0 OF gFe)rnee. such repairs without liability to Tenant for any loss or damage which may result by reason of such repairs, and Tenant shall pay to Landlord upon demand as additional rent hereunder the cost of such repairs plus interest. At the termination of this lease. Tenant shall deliver the leased premises in good order and condition, reasonable wear and tear excepted. 10. ALTERATIONS. All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall • become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and workmanlike manner. 11. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall, at its own expense, comply with all laws, orders, and requirements of all governmental entities with reference to the use and occupancy of the leased premises. Tenant and Tenant's agents, employees and invitees shall fully comply with any rules and regulations governing the use of the buildings or other improvements to the leased premises as required by Landlord. Landlord may make reasonable changes in such rules and regulations from time to time as deemed advisable for the safety, care and cleanliness of the leased premises, provided same are in writing and are not in conflict with this lease. 12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of Landlord. An assignment or subletting without the written consent of Landlord shall be void and shall, at the option of Landlord, terminate this lease. 13. DESTRUCTION. In the event the leased premises is partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Tenant shall give immediate notice to Landlord. Landlord may repair the damage and restore the leased premises to substantially the same condition as immediately prior to the occurrence of the casualty. Such repairs shall be made at Landlord's expense unless due to Tenant's negligence. Landlord shall allow Tenant a fair reduction of rent during the time the leased premises are partially unfit for occupancy. If the leased premises are totally destroyed or deemed by the Landlord to be rendered unfit for occupancy by fire or other casualty, or if Landlord shall decide not to repair or rebuild, this lease shall terminate and the rent shall be paid to the time of such casualty. 14. TENANT DEFAULT. IfSenant abandons the premises or otherwise defaults in the performance of any obligations or covenants herein, Landlord may enforce the performance of this lease in any manner provided by law. This lease may be terminated at Landlord's discretion if such abandonment or default continues for a period of 10 days after Landlord notifies Tenant of such abandonment or default and of Landlord's intention to declare this lease terminated. Such notice shall be sent by Landlord to Tenant at the leased premises by certified mail or otherwise. If Tenant has not completely removed or cured default within the 10 day period, this lease shall terminate. Thereafter, Landlord or its agents shall have the right, without further notice or demand, to enter the leased premises and remove all persons and property without being deemed guilty of trespass and without waiving any other remedies for arrears of rent or breach of covenant. Upon abandonment or default by the Tenant, the remaining unpaid portion of the rental from paragraph 4 herein, shall become due and payable. 15. LIEN. Landlord is granted an express contractual lien, in addition to any lien provided by law, and a security interest in all property of Tenant found on the leased premises to secure the compliance by Tenant with all terms of this lease. In the event of default, Landlord or its agents may peaceably enter the leased premises and remove all property and dispose of same as Landlord shall see fit. 16. SUBORDINATION. Landlord is hereby irrevocably vested with full power and authority to subordinate this lease to any mortgage, dad of Trust, or other lien hereafter placed on the demised premised and Tenant agrees on demand to execute such further instruments subordinating this lease as Landlord may request, provided such subordination shall be on the express condition that this lease shall be recognized by the mortgagee, and the rights of Tenant shall remain in full fora and effect during the term of this lease so long as Tenant shall continue to perform all of the covenants and conditions of this lease. 17. INDEMNITY. Landlord and its employees and agents shall not be liable to Tenant or to Tenant's employees, patrons, visitors, invitees, or any other persons for any injury to any such persons or for any damage to personal property caused by an act, omission, or negledt of Tenant or Tenant's agents or of any other tenant of the premises of which the leased premises is a part. Tenant agrees to indemnify and hold Landlord and its employees and agents harmless from any and all claims for such injury and damages, whether the injury occurs on or off the leased premises. IS. SIGNS. Tenant shall not post or paint any signs at, on, or about the leased premises or paint the exterior walls of the building except with the prior written consent of the Landlord. Landlord shall have the right,to remove any sign or signs in order to maintain the leased premises or to make any repairs or alterations thereto. 19. TENANT BANKRUPTCY, If Tenant becomes bankrupt or makes voluntary assignment for the benefit of creditors or if a receiver is appointed for Tenant. Landlord may terminate this lease by giving five (5) days written notice to Tenant of Landlord's intention to do so. 20. CONDEMNATION. If the whole or any substantial part of the leased premises is taken for any public or quasi- public use under any governmental law, ordinance or regulation or by right of eminent domain or should the leased premises be sold to a condemning authority under threat of condemnation, this lease shall terminate and the rent shall be abated during the unexpired portion of the lease effective from the date of the physical taking of the leased premises. 21. BROKER'S FEE. Lantz 6 Assoc Broker and Bob Seale Co-Broker, as Real Estate Broker (the Broker), has negotiated this lease and Landlord agrees to pay Broker in R;grri a County, Texas, upon commencement of this lease, a negotiated fee of S or s i x % of the total rental provided for in this lease to be divided as follows: 1% r.a rat 7 A. Accnr- I9, Raa l p . In the event this lease is extended, expanded or renewed. Landlord agrees to pay Broker an additional negotiated fee of S or —4 % of the total rental for such extension, expansion or renewal period, payable at the time of commencement of such extension, expansion or renewal, said fee to be divided as follows: 2 %,,,Lan= ,,,,Bpd 2 %, ,Seale,_„ . Tenant warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this lease excepting only - __ none -- – – and it knows of no other real estate broker or agent who is entitled to a commission in connection with this Lease. If Tenant during the term of this Lease, or any (TAR-006) IM Poe 2 of 3 Nan • extension. expansion or renewal period ther*4 or within _ 30 days of the expiration of this Lease, or Any ex gar' on or renewal Lpdgd hereof purchases the property herol�8=1a Landlord agrees to pay WnTz & Assoc ea a In County, Texas, a nagWated fee of S or Five % of the salts price upon closing of the sale of this property. 22. NOTICES. Notices to Tenant shall be by certified mail or other delivery to the leased premises. Notices to Landlord shall be by certified mail to the place where rent Is payable, 23. DEFAULT BY LANDLORD. In the event of breach by Landlord of any covenant, warranty, term or obligation of this lease, then Landlord's failure to cure same or Commence a good filith effort to cure same within 10 days after written notice thereof by Tenant shall be considered a default and shall entitle Tenant either to terminate this lease or cure the default and make the necessary repairs and any expense Incurred by Tenant shall be reimbursed by the Landlord after reasonable notice of the repairs and expenses incurred. if any utilittyy services furnished by Landlord are interrupted and continue to be interrupted despite the good faith efforts of Landlord to remedy same. Landlord shall not be liable in any respect for damages to the person of property of Tenant or Taunt's employees, agents, or guests, and am shall not Ix construed as grounds for constructive eviction or abatement of rent Landlord shall use reasonable diligence to repair and remedy such interruption promptly. 24, SIGNS. During the Ian 30 days of this lease, a "For Sale' sign and /or a "For Lease" sign may be displayed on the leased premises and the leased premises may be'shown at reasonable times to prospeeave purchasers or tenants. 25. RIGHT OF ENTRY. Landlord shall have tM right during no mal business hours to enter the demised promises; a) to inspect the getiend condition and state of repair thereof, b) to make repairs required or permitted under this lease, or 0 for any other reasonable purpose. 26. WAIVER OF BREACH. The waiver by Landlord of any breach of 9 yyprovision of this lease shall not constitute a continuing waiver or a waiver of any subsequent bresolt of the same or adtfferant provision of this lease. 27. TIME OF ESSENCE. Time is expressly declaredlo be of the essence in this tease. 28. BINDING OF HEIRS AND ASSIGNS. Subject to the provisions of this lease pertaining to assignment of the Tenant's interest, all provisions of this lease shall extend to and bind, or inure to the benefit not only of the parties to this lease but to each and every one of the heirs, executors, representatives, tsueaessom and assigns of Landlord or Tenant. 29. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this Jesse agreement ate cumulative and the use of any one tight or rtinedy by either party shall not preclude or waive its *t to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 30. TEXAS LAW TO APPLY. This agreement shall be construed under and in accordance with the laws of the State of Texas. 31. LEGAL CONSTRUCTION. In Can any one or noels of the provisions contained in this agreement shall for any reason be held to be invalid. ills , or unenforceable in any raapect, such Invalidity: illegality, or uneMbrceability shall not affect any other provision hereof and this agreement shall be oonstrued as if such invalid. illegal, or unnnforceaWe provision had never been contained herein. 32. pRIOR AGREEMEA'TS SUPERtCEDED, This agreement constitute the sole and only agreement of the parties to this Jam and supersedes any prior understandinasor written or oral agreements between the parties respecting the subject matter of this lease. 33. AMENDMENT. No amendment• modiffeation, or, alteration of the terms hereof shall be binding union it is in writing, dated subsequent to the data hereof, and duly unated by the parties. 34. ATTORNEY'S FEB. Any signatory to this lease agreement who is the prevailing party in Any Iegal proceeding against any other signatory brought under or with relation to this lease agreement or this transaction shall be additionally entitled to recover court costs, reasonable attorney fees, in* all Other ou"f pocket cats of litigation, including deposition, travel and witness costs, from the nonprevaliing party. 33. SPECIAL PROVISIONS. (This section to include additional fiboual data not included above.) EXECUTED this day of , 19 TENANTorTENANTS City ot Baytown Trustee of arris County Organized Crime & Narcotics •rasx r•orcge otu onn, Texas 77213 REAL ESTATE BROKER Yvonne Lantz LICENSE NO. Hr. 453 -5800 LANDLORD Bernadene Foster 4306 Misty Timbers Way King woo , Texas 77345 (713) 360 -1721 REAL ESTATE BROKER Robert E. Seale LIZENSE NO, By: 453 -7264 Zow.. This fens bu bun pnPuW by A&M A Meaae. P.C.. summ Ibr the Ttau AMdolea er REALTORS (TAR). Babb* Harna. P.C. ft" OPM-a =ba rm for sew by TAR member broken lied saleMr som fur the purpor of INW00 imW*vW eemmerrisl reel pr0eerty for euslnees purports. Thu form has ea ban dashed for a ipeeif is beam i0a, Ihersfirre. the pubs an adviled to eenwlt nn /antsy or their choice before signing.] rPia{eM) 1/ee Pye i d ] PSG- • 0. ADDENDUM 1. Landlord will have inspections of the electrical system and air conditioning systems of the premises. Landlord will be responsible for making any initial repairs needed to make these systems substantially operational, only until the date of possession by Tenant. After the date of possession of the premises by Tenant, despite any provisions of section 9 of this lease to the contrary, Tenant will be responsible for all repairs to the premises except for repairs to the foundation, exterior walls and roof. 2. Upon the execution of this lease agreement, or at any time thereafter during the term of this lease, Tenant may erect a substantial wooden, or chain -link fence along, but within, the western boundary of the premises. The fence must be erected by a reputable fence building company which has been approved by Landlord and according to a design which has been approved by Landlord. The cost for erecting such a fence will be borne entirely by Tenant. Despite any provisions of section 9 of this lease to the contrary, Tenant will be soley responsible for all repairs and modifications to such fence and for liability under any cause of action related to such fence in any way. 3. Landlord has been advised and understands that Tenant has no funds available with which to pay its obligations under this lease agreement unless and until it receives general funding from Harris County, the State of Texas or other governmental sources. Landlord expressly agrees that, with repect to any term of this lease, Tenant will not be liable to Landlord for any money due under this lease unless and until it receives such funding, in sufficient amount, for the period corresponging to that term. However, in no circumstances may Tenant occupy the premises for the remainder of any term of this lease if Tenant has not completely paid the total rent for that term. Tenant will notify Landlord of the likelihood of receiving funding for the period of next term of this lease and of Tenant's desire to renew this lease at least 10 days before the expiration of any term of this lease. Tenant's security deposit, specified in section 6 of this lease agreement, will be forfeited if Tenant fails to give notice as specified above. 4. Tenant may renew this lease agreement annually for a total of five years, with the sames terms, conditions, and covenants except for the duration of the term and the total amount of rent due. Within the first five years -of renewals of this lease agreement, the total amount of rent due will be calculated by multiplying the duration of the term in months by an amount, to be mutually agreed on by the parties, that represents the median monthly leasing rate of similar properties, similar lease agreements, which amount will be in effect for the next two years and which amount will be redetermined every two years thereafter, lease term to be annual.