Ordinance No. 7,166941121 -1
• ORDINANCE NO. 7166
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A LEASE
AGREEMENT, WITH AN OPTION TO BUY, WITH THE POWER ZONE FOR
LEASING OF BLOCK 28, LOTS 1, 2, 3, 21, 22, 23, 24, GOOSE
CREEK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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 Mayor and City Clerk of
the City of Baytown to execute and attest to a Lease Agreement with
The Power Zone for leasing of Block 28, Lots 1, 2, 3, 21, 22, 23,
24, Goose Creek. A copy of said 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 21st day of November,
1994.
PETE C. ALFARO, Mayor
ATTEST:
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EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., City Attorney
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• THE STATE OF TEXAS §
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS S
THIS LEASE AGREEMENT made and entered into by and between the
City of Baytown for itself and on behalf of the Goose Creek
Consolidated School District, Lee College District, all taxing
entities having an interest in the below described tracts of land,
acting herein by and through its duly authorized officers,
hereinafter referred to as "Lessor," and THE POWER ZONE, acting
herein by and through its proper officers, hereinafter referred to
as "Lessee;"
W I T N E S E T H:
I.
Lessor hereby leases and lets unto Lessee the surface estate
only in and to the following described tracts or parcels of land,
to -wit: BLOCK 28, LOTS 1, 2, 3, 21, 22, 23, 24, GOOSE CREEK
SUBDIVISION (aka known as PRUETT) IN BAYTOWN, HARRIS COUNTY TEXAS.
II.
The term of this lease is FORTY (40) years, beginning with the
1st day of December, 1994, and ending with the 30th day of
November, 2034.
III.
As rent for the use and occupancy of the leased premises
Lessee hereby agrees and binds itself to pay unto Lessor during the
term of this lease the sum of ONE AND N01100 DOLLAR ($1.00) per
• year. In this connection Lessor hereby acknowledges receipt from
EVMIINT A
• Lessee of the sum of in full payment of
all rentals due and payable under the terms of this lease.
•
IV.
It is understood and agreed that the leased premises shall be
used by Lessee for the construction and operation of a not for
profit ANTI -GANG, VIOLENCE PREVENTION COMMUNITY RESOURCE CENTER.
Lessee is hereby granted permission to construct and erect without
cost to Lessor any type of buildings or other structures necessary
to carry out the full purpose and intent of this lease contract.
All buildings, personal property or other facilities heretofore
erected or placed on the leased premises by Lessee or hereinafter
erected, placed or used on or about the leased premises by Lessee
shall remain the property of Lessee herein and Lessee shall have a
reasonable period of time after the expiration of this lease in
which to remove all of said buildings, fixtures or other property.
Lessor hereby agrees that Lessee may in its sole discretion
relocate, remove or destroy any existing building situated on the
demised property in connection with the construction of a new
ANTI -GANG, VIOLENCE PREVENTION COMMUNITY RESOURCE CENTER without
further permission from Lessor herein.
V.
Lessor hereby grants to Lessee an option to purchase the above
described property along with all improvements thereon for sixteen
thousand dollars ($16,000). In the event Lessee desires to
exercise such option, Lessee shall give written notice to Lessor on
or before one (1) year prior to termination of this lease as to its
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• desire to purchase the property. Lessee shall accompany such
written notice with payment for the full purchase price of sixteen
thousand dollars ($16,000) and upon receipt of such written notice
and purchase price Lessor shall prepare and deliver a deed without
warranty executed by the taxing entities named above. In the event
Lessee should fail to give such written notice or pay such purchase
price on or before one (1) year prior to the termination of this
lease, such option shall be null and void and Lessee shall
surrender possession of the leased premises on the expiration of
this lease in accordance with the provisions hereof.
VI.
Lessee agrees to and shall indemnify, hold harmless, and
defend the Lessor, its officers, agents and employees, from and
against any and all claims, losses, damages, causes of action,
suits, and liability of every kind, including all expenses of
litigation, court costs and attorneys' fees, for injury to or death
of any person, or for damage to any property arising out of or in
connection with this lease and /or the lease premises, where such
injuries, death or damages are caused by the joint negligence of
the Lessor and any other person or entity. It is the expressed
intention of the parties hereto, both the Lessee and the Lessor,
that the indemnity provided for in this paragraph is indemnity by
Lessee to indemnify and protect the Lessor from the consequences of
the Lessors' own negligence, where that negligence is a concurring
cause of the injury, death, or damage. Furthermore, the indemnity
provided for in this paragraph shall have no application to any
• claim, loss, damage, cause of action, suit and liability where the
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• injury, death or damage results from the sole negligence of the
Lessor unmixed with the fault of any other person or entity.
PJ
VII.
It is expressly agreed that Lessee shall furnish Certificates
of Insurance to the Lessor for the said lease that will meet the
minimum amounts listed below and that the Lessee shall maintain the
same throughout the period of said lease. Commercial General
Liability requires a general aggregate of $1,000,000 and a minimum
of $500,000 per occurrence. All policies are to be of the
Occurrence form, a thirty (30) day cancellation notice is required
on all said policies, and Lessor is to be listed as an additional
insured on all liability policies. All insurance carriers
providing coverage should have an A.M. Best rating of (A) or higher
and be licensed to do business in the state of Texas.
VIII.
It is expressly agreed and understood by the parties hereto
that Lessee herein shall be liable for and shall pay all costs and
expenses incurred in connection with the construction, remodeling
and operation of the ANTI -GANG, VIOLENCE PREVENTION COMMUNITY
RESOURCE CENTER on the above described property, it being
understood that Lessor herein shall not under any circumstances be
liable for any of such expenses or costs whatsoever. Lessor shall
cooperate with Lessee's efforts to secure grants for the Center.
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• IX.
•
In the event that Lessee should cease to use the leased
premises as a location for its ANTI -GANG, VIOLENCE PREVENTION
COMMUNITY RESOURCE CENTER for any period of time in excess of sixty
(60) days, Lessor herein shall have the option and privilege to
terminate this lease after thirty (30) days written notice to
Lessee of its intent to so terminate this lease unless prior to the
expiration of such thirty (30) day period Lessee should resume use
of the leased premises as the location for its ANTI -GANG, VIOLENCE
PREVENTION COMMUNITY RESOURCE CENTER. It is understood and agreed
that Lessee presently contemplates the an initial
remodeling /construction period not to exceed one year which said
remodeling /construction period shall be deemed to be in compliance
with the required use. Should Lessee decide to construct a new
ANTI -GANG, VIOLENCE PREVENTION COMMUNITY RESOURCE CENTER located on
the leased premises and in the event Lessee should deem it
necessary to discontinue or curtail use of such location for its
ANTI -GANG, VIOLENCE PREVENTION COMMUNITY RESOURCE CENTER during the
construction period of the new facility, the option to terminate
herein mentioned shall be inoperative it being the intent of Lessor
herein that Lessee shall not be required to actively operate a
ANTI -GANG, VIOLENCE PREVENTION COMMUNITY RESOURCE CENTER on this
location during the construction period if it deems it necessary to
temporarily relocate the center during such construction period.
It is expressly understood that no other use shall be permitted at
this location without the written permission of the Lessor.
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0 X.
It is understood and agreed that Lessee is a not for profit,
tax - exempt organization with a Sec. 501c exemption issued by the
Internal Revenue Service. Lessee agrees to maintain its tax exempt
status during the entire term of this lease. Should at any time
Lessee lose its tax exempt status for more than 60 days for any
reason this lease shall terminate and Lessee shall surrender
possession of the leased premises at the expiration of the 60 days.
XI.
Lessee herein acknowledges that this lease contract covers
only the surface estate of the above described property; however,
Lessor herein agrees that during the term of this lease or any
extension hereof that it will waive its right to use the surface of
the leased premises for purposes of exploration for oil, gas, or
other minerals or water.
WITNESS OUR HANDS this day of , 1994.
ATTEST:
EILEEN P. HALL, City Clerk
•
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CITY OF BAYTOWN
0& n &/!!±�:
PETE C. AL O, Mayor
0 APPROVED AS TO FORM:
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ACIO RAMIREZ, ., City Attorney
ATTEST:
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
ALAN KING, Superintendent
JERRY ROY, Superintendent
DICK HALLUM, Superintendent
THE POWER ZONE
REV. DONALD A. MOSS
• 2nd Vice President
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0 ATTEST:
THE STATE OF TEXAS S
§
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally
appeared PETE C. ALFARO, Mayor of the City of Baytown, known to me
to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed, and in the
capacity therein stated.
SEAL
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally
appeared ALAN KING, Superintendent for Goose Creek Consolidated
Independent School District, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
SEAL
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8
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
• THE STATE OF TEXAS $
COUNTY OF HARRIS S
BEFORE ME, the undersigned authority, on this day personally
appeared JERRY ROY, Superintendent for Goose Creek Consolidated
Independent Scbool District, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
SEAL
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
THE STATE OF TEXAS S
S
COUNTY OF HARRIS. S
BEFORE ME, the undersigned authority, on this day personally
appeared DICK HALLUM, Superintendent for Goose Creek Consolidated
Independent Scbool District, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
SEAL
E]
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
. THE STATE OF TEXAS $
5
COUNTY OF HARRIS $
BEFORE ME, the undersigned authority, on this day personally
appeared Rev. Donald A. Moss, 2nd Vice President, The Power Zone,
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, and in
the capacity therein stated.
SEAL
B:LEASE.SCH
0
10
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS