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Ordinance No. 7,426950928 -14 ORDINANCE NO. 7426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ® AUTHORIZING RENEWAL OF THE LEASE AGREEMENT ON BEHALF OF THE CITY OF BAYTOWN FOR WAREHOUSE SPACE FOR THE TIME PERIOD OF NOVEMBER 1, 1995 THROUGH OCTOBER 31, 1996; 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 approves the renewal of the lease agreement for warehouse space for the time period of November 1, 1995 through October 31, 1996. 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 28th day of September, 1995. PETE C. AL ARO, Mayor ATTEST:', 1 EILEEN P. HALL, City Clerk APPROVED AS TO FORM: 4w-�- 4t -'� ACIO RAMIREZ, SL.-I, City Attorney legallcou nci Ilseptemberl9 -28 -95 renewLEASEhcoc • 08 -31 -93 INFORMATION and DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS r WHO WILL THE BROKER REPRESENT IN THIS TRANSACTION? • fore working with a real estate broker you should know that the duties of the broker to you depend upon whom the broker represents. If you are a prospective Iler or landlord (Owner) or a prospective buyer or tenant (Buyer), you should know that the broker who lists the property for sale or lease is the Owner's agent. broker who acts as subagent represents the Owner through the listing broker, and a broker who acts as a buyer's agent represents the Buyer. A broker may not present an Owner and a Buyer in the same transaction unless both Owner and Buyer.consent in writing to the representation. A broker can assist in locating a operty, preparing a contract or lease, or obtaining financing without representing you. Brokers arc obligated by law to treat you honestly and fairly. • WHAT WILL BE THE BROKER'S DUTIES TO YOU? • IF THE BROKER REPRESENTS THE OWNER: The broker typically becomes the Owner's agent by entering into a listing agreement with the Owner or by agreeing to act as a subagent through a listing broker. A subagent may work in a different real estate office. A listing agent or subagent can assist the Buyer but does not represent the Buyer. A listing agent or subagent must place the interests of the owner first. The Buyer should not tell a listing agent or subagent anything the Buyer would not want the Owner to know, because a listing agent or subagent trust disclose to the Owner any material information he or she knows. IF THE BROKER REPRESENTS THE BUYER: The broker typically becomes the Buyer's agent by entering into an agreement to represent the Buyer. A Buyer's agent can assist the Owner but does not represent the owner. A Buyer's agent must place the interests of the Buyer first. The Owner should not tell a Buyer's agent anything the Owner would not want the Buyer to know, because a Buyer's agent must disclose to the Buyer any material information he or she knows. IF THE BROKER REPRESENTS BOTH: A broker may not act as an agent for more than one party to a transaction unless the broker complies with specific requirements established by law. In addition to providing the parties with this form, the broker must enter into a written agreement with each party which authorizes the broker to represent more than one party and sets forth who will pay the broker's fee. The broker is required to treat both parties honestly and impartially so as not to favor one party or work to the disadvantage of any party. Unless written permission from the appropriate party is obtained, the broker is prohibited from disclosing: (a) that the Owner will accept a price less than the asking price; (b) that the Buyer will pay a price greater than the price submitted in a written offer, (c) any confidential information; or (d) any other information a party specifically instructs the broker in writing not to disclose, unless disclosure is required by law. The broker's duties are more limited if he or she represents both parties. there are potential conflicts of interest when a broker represents more than one party. The broker is obligated to inform each party of all facts the broker knows which would affect the party's decision to permit the broker to represent both the Owner and the Buyer. For example, the broker would inform the Owner if the broker expects to represent the Buyer in purchasing additional properties in the near future. If you choose to have a broker represent you, you should enter a written contract that clearly establishes the obligations of both you and the broker and that sets out how and by whom your broker will be paid. You have the right to choose the type of representation you wish to receive. Payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before going further. Regardless of the agency relationships which may be established, you have the responsibility to protect your own interests. Once you have read and discussed this information with the broker, please acknowledge your receipt of a copy of this form. Your cooperation will help the broker to comply with the rules of the Texas Real Estate Commission. The broker is required to provide this form to you and disclose below who the broker represents. This form is to be used in residential, commercial, and other types of real estate transactions. DISCLOSURE OF AGENCY, IF ANY: The Broker named below represents: iOwner ❑ Buyer ❑ Owner and Buyer Trammell Crow Houston, Inc. By: David Darilek �� �� ""'�'1 Date: 9 -13 -95 Brokeragc Company Name Broker or Sales Associate ACKNOWLEDGMENT OF RECEIPT OF AGENCY DISCLOSURE FORM: I acknowledge I have received a copy of this form. I understand that agreements I may sign may affect or change agency relationships and that the broker may only represent both the Owner and the Buyer with their full knowledge and consent. X Date: Owner (Landlord) or Buyer ( renant) or Authorized Representative Date: Owner (Landlord) or Buyer ( renant) or Authorized Representative This form is promulgated by the Texas Real Estate Commission for mandatory use by real estate licensees. Brokers must conduct transactions without regard to race, color, sex, religion, handicap, familial status or national origin. TREC AGENCY DISCLOSURE FORM NO.3 (08 -93) EXHIBIT A 08 -31 -93 INFORMATION and DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS • WHO WILL THE BROKER REPRESENT IN THIS TRANSACTION? • Before working with a real estate broker you should know that the duties of the broker to you depend upon whom the broker represents. If you are a prospective seller or landlord (Owner) or a prospective buyer or tenant (Buyer), you should know that the broker who lists the property for sale or lease is the Owner's agent. A broker who acts as subagent represents the Owner through the listing broker, and a broker who acts as a buyer's agent represents the Buyer. A broker may not represent an Owner and a Buyer in the same transaction unless both Owner and Buyer consent in writing to the representation. A broker can assist in locating a property, preparing a contract or lease, or obtaining financing without representing you. Brokers are obligated by law to treat you honestly and fairly. • WHAT WILL BE THE BROKER'S DUTIES TO YOU? • IF THE BROKER REPRESENTS THE OWNER: The broker typically becomes the Owner's agent by entering into a listing agreement with the Owner or by agreeing to act as a subagent through a listing broker. A subagent may work in a different real estate office. A listing agent or subagent can assist the Buyer but does not represent the Buyer. A listing agent or subagent must place the interests of the owner first. The Buyer should not tell a listing agent or subagent anything the Buyer would not want the Owner to know, because a listing agent or subagent must disclose to the Owner any material information he or she knows. IF THE BROKER REPRESENTS THE BUYER: The broker typically becomes the Buyer's agent by entering into an agreement to represent the Buyer. A Buyer's agent can assist the Owner but does not represent the owner. A Buyer's agent must place the interests of the Buyer fast. The Owner should not tell a Buyer's agent anything the Owner would not want the Buyer to know, because a Buyer's agent must disclose to the Buyer any material information he or she knows. IF THE BROKER REPRESENTS BOTH: A broker may not act as an agent for more than one party to a transaction unless the broker complies with specific requirements established by law. In addition to providing the parties with this form, the broker must enter into a written agreement with each party which authorizes the broker to represent more than one patty and sets forth who will pay the broker's fee. The broker is requited to treat both parties honestly and impartially so as not to favor one party or work to the disadvantage of any party. Unless written permission from the appropriate party is obtained, the broker is prohibited from disclosing: (a) that the Owner will accept a price less than the asking price; (b) that the Buyer will pay a price greater than the price submitted in a written offer, (c) any confideiuial information; or (d) any other information a party specifically instructs the broker in writing not to disclose, unless disclosure is required by law. The broker's duties ate more limited if he or she represents both parties. there are potential conflicts of interest when a broker represents more than one party. The broker is obligated to inform each party of all facts the broker knows which would affect the party's decision to permit the broker to represent both the Owner and the Buyer. For example, the broker would inform the (honer if the broker expects to represent the Buyer in purchasing additional properties in the near future. If you choose to have a broker represent you, you should enter a written contract that clearly establishes the obligations of both you and the broker and that sets out how and by whom your broker will be paid. You have the right to choose the type of representation you wish to receive. Payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before going further. Regardless of the agency relationships which may be established, you have the responsibility to protect your own interests. Once you have read and discussed this information with the broker, please acknowledge your receipt of a copy of this form. Your cooperation will help the broker to comply with the rules of the Texas Real Estate Commission. The broker is required to provide this forts to you and disclose below who the broker represents. This form is to be used in residential, commercial, and other types of real estate transactions. DISCLOSURE OF AGENCY, IF ANY: The Broker named below represents: ❑'Owner ❑ Buyer ❑ Owner and Buyer Trammell Crow Houston Inc. By: David Darilek ``fWLr`'^ f3) d-ak- Date: 9 -13 -95 Brokerage Comaanv Plante Broker or Sales Associate ACKNOWLEDGMENT OF RECEIPT OF AGENCY DISCLOSURE FORM: I acknowledge I have received a copy of this form. I understand that agreements I may sign ntay affect or change agency relationships and that the broker may only represent both the Owner and the Buyer with their full knowledge and consent. X Date: Owner (Landlord) or Buyer (Tenant) or Authorized Representative Date: Owner (Landlord) or Buyer (Tenant) or Authorized Representative This form is promulgated by the Texas Real Estate Commission for mandatory use by real estate licensees. Brokers must conduct transactions without regard to race, color, sex, religion, handicap, familial status or national origin. TREC AGENCY DISCLOSURE FORM NO.3 (08 -93) THIRD LEASE RENEWAL AMENDMENT Trammell Crow Company 1360 Post Oak Boulevard Suite 1800 Houston, Texas 77056 -3022 7131963 -1000 713/623 -4236 Fax RE: LEASE AGREEMENT BETWEEN THE CITY OF BAYTOWN THROUGH HARRIS COUN'T'Y ORGANIZED CRIME AND NARCOTIC TASK FORCE (TENANT) AND TCEP R PROPERTIES JOINT VENTURE (LANDLORD) 6,667 SQUARE FEET 5200 MITCHELLDALE, #D5, HOUSTON, TEXAS Under the terms of the Lease Agreement for the facility that you occupy at 5200 Mitchelldale, #D5, Houston, Texas, the Lease Agreement expires on October 31, 1995. Please let this letter serve as an agreement to renew the above Lease Agreement for an additional twelve (12) month period commencing November 1, 1995, and expiring October 31, .1996. This lease renewal will be on the same terms and conditions contained in. your Lease dated June 23, 1992, Lease Renewal Amendment dated September 24, 1993 and Lease Renewal Amendment dated October 20, 1994 and any documents pertaining thereto, except for the following modifications: 1. The new base rent as specified in Paragraph 2.A. shall remain $2,533.00. 2. Any previous rental abatement shall be considered null and void. 3. - Paragraph 24G. shall be amended as follows: 24G. Lessee agrees to prepay, prior to the commencement of the Third Lease Renewal Amendment (November 1, 1995) the first three (3) months rental payments or SEVEN THOUSAND FIVE HUNDRED NINETY NINE AND N01100 ($7,599.00) to Lessor. Lessee agrees to prepay, prior to the fourth month (February 1, 1996) of this Third Lease Renewal Amendment the second three months rental payments or SEVEN THOUSAND FIVE HUNDRED NINETY NINE AND N01100 ($7,599.00) to Lessor., Lessee agrees to prepay, prior to the seventh month (May 1, 1996) of the Third Lease Renewal Amendment the next three months rental payments or SEVEN THOUSAND FIVE HUNDRED NINETY NINE AND NO 1100 ($7,599.00) to Lessor. Lessee agrees to prepay, prior to the tenth month (August 1, 1996) of this Third Lease Renewal Amendment the final three months rental payments or SEVEN THOUSAND FIVE HUNDRED NINETY NINE AND N01100 ($7,599.00) to Lessor. If you are in agreement with the above, please so indicate by signing all copies of this amendment. This renewal shall be binding only when fully executed by both Lessor and Lessee. LESSOR TCEP II PROPERTIES JOINT VENTURE By: See Attached Lessor Signature Page Title: Date: LESSEE: THE CITY OF BAYTOWN THROUGH HARRIS COUNTY ORGANIZED CRIME AND NARCOTIC TASK FORCE By: Title: Date: Trammell Crow Company EXECUTED BY LESSOR, this LESSOR: 0 September 13, 1995 day of , 19 TCEP II PROPERTIES JOINT VENTURE By: TCEP II Properties /First Plaza Limited Partnership, Co-Venturer By: TCV/TCEP II Properties Limited Partnership, General Partner By: Trammell Crow Ventures #3, Ltd., General Partner By: Trammell Crow Ventures Management Company, Inc: , General Partner By: Name: Title: By: Trammell Crow Equity Partners II, Ltd., Co-Venturer By: Trammell Crow Ventures #2, Ltd., General Partner By: Trammell Crow Ventures #3, Ltd., General Partner By: Trammell Crow Ventures Management Company, Inc., General Partner By: Name: Title: • • THIRD LEASE RENEWAL AMENDMENT Trammell Crow Company 1360 Post Oak Boulevard Suite 1800 Houston. Texas 77056 -3022 713/963 -1000 713/623 -4236 Fax RE: LEASE AGREEMENT BETWEEN THE CITY OF BAYTOWN THROUGH HARRIS COUNTY ORGANIZED CRIME AND NARCOTIC TASK FORCE (TENANT) AND TCEP II PROPERTIES JOINT VENTURE (LANDLORD) 6,667 SQUARE FEET 5200 MTTCHELLDALE, #D5, HOUSTON, TEXAS Under the terms of the Lease Agreement for the facility that you occupy at 5200 Mitchelldale, #D5, Houston, Texas, the Lease Agreement expires on October 31, 1995. Please let this letter serve as an agreement to renew the above Lease Agreement for an additional twelve (12) month period commencing November 1, 1995, and expiring October 31, 1996. This lease renewal will be on the same terms and conditions contained in your Lease dated June 23, 1992, Lease Renewal Amendment dated September 24, 1993 and Lease Renewal Amendment dated October 20, 1994 and any documents pertaining thereto, except for the following modifications: 1. The new base rent as specified in Paragraph 2.A. shall remain $2,533.00. 2. Any previous rental abatement shall be considered null and void. 3. Paragraph 24G, shall be amended as follows: 24G. Lessee agrees to prepay, prior to the commencement of the Third Lease Renewal Amendment (November 1, 1995) the first three (3) months rental payments or SEVEN THOUSAND FIVE HUNDRED NINETY NINE AND N0 1100 ($7,599.00) to Lessor. Lessee agrees to prepay, prior to the fourth month (February 1, 1996) of this Third Lease Renewal Amendment the second three months rental payments or SEVEN THOUSAND FIVE HUNDRED NINETY NINE AND NO / 100 ($7,599.00) to Lessor. Lessee agrees to-prepay, prior to the seventh month (May 1, 1996) of the Third Lease Renewal Amendment the next three months rental payments or SEVEN THOUSAND FIVE HUNDRED NINETY NINE AND NO /100 ($7,599.00) to Lessor. Lessee agrees, to prepay, prior to the tenth month (August 1, 1996) of this Third Lease Renewal Amendment the final three months rental payments or SEVEN THOUSAND FIVE HUNDRED NINETY NINE AND N01100 ($7,599.00) to Lessor. If you are in agreement with the above, please so indicate by signing all copies of this amendment. This renewal shall be binding only when fully executed by both Lessor and Lessee. LESSOR TCEP 11 PROPERTIES JOINT VENTURE By:_ See Attached Lessor Signature Page Title: Date: LESSEE: THE CITY OF BAYTOWN THROUGH HARRIS COUNTY ORGANIZED CRIME AND NARCOTIC TASK FORCE By: Title: Date: 0 I• Trammell Crew Company EXECUTED BY LESSOR, this day of 19 LESSOR: TCEP II PROPERTIES JOINT VENTURE September 13, 1995 By: TCEP II Properties /First Plaza Limited Partnership, Co-Venturer By: TCV/TCEP II Properties Limited Partnership, General Partner By: Trammell Crow Ventures #3, Ltd., General Partner By: Trammell Crow Ventures Management Company, Inc., General Partner By: Name: Title: By: Trammell Crow Equity Partners II, Ltd., Co-Venturer By: Trammell Crow Ventures #2, Ltd., General Partner By: Trammell Crow Ventures #3, Ltd., General Partner By: Trammell Crow Ventures Management Company, Inc., General Partner By: Name: Title: Cc Sc T =ax 1S 15, Trammell Crow Company EXECUTED BY LESSOR, this lu September 13, 1995 lie LESSOR: day of , 19 TCEP II PROPERTIES JOINT VENTURE By: TCEP II Properties /First Plaza Limited Partnership, Co-Venturer By: TCV/TCEP II Properties Limited Partnership, General Partner By: Trammell Crow Ventures #3, Ltd., General Partner By: Trammell Crow Ventures Management Company, Inc., General Partner By: Name: Title: By: Trammell Crow Equity Partners II, Ltd., Co-Venturer By: Trammell Crow Ventures #2, Ltd., General Partner By: Trammell Crow Ventures #3, Ltd., General Partner By: Trammell Crow Ventures Management Company, Inc., General Partner By: Name: Title: Trammell Crow Company EXECUTED BY LESSOR, this 0 LESSOR: September 13, 1995 0 day of , 19 TCEP II PROPERTIES JOINT VENTURE By: TCEP IT Properties /First Plaza Limited Partnership, Co-Venturer By: TCV /TCEP II Properties Limited Partnership, General Partner By: Trammell Crow Ventures #3, Ltd., General Partner By: Trammell Crow Ventures Management Company, Inc., General Partner By: Name: Title: By: Trammell Crow Equity Partners H, Ltd., Co-Venturer By: Trammell Crow Ventures #2, Ltd., General Partner By: Trammell Crow Ventures #3, Ltd., General Partner By: Trammell Crow Ventures Management Company, Inc., General Partner By: Name: Title: