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Ordinance No. 7,602960111 -8 ORDINANCE NO. 7602: • 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 FEBRUARY 1, 1996, THROUGH JANUARY 31, 1997; 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 hereby approves the renewal of the lease agreement for warehouse space for the time period of February 1, 1996, through January 31, 1997. 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 11th day of January, 1996. PETE C. ALFAR , Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: 4AC10 RAMIREZ, S City Attorney • c:\ council \mectings \januwy \warchous.1I is COMMERCIAL LEASE This lease agreement is made and entered into by and between Bernadine Foster (Landlord) and GJX of Raytown, Trustee of the Harris f'nnnt7 Organized Crime and Narcot ics Tick Force (Te'• Landlord hereby ieases to Tenant and Tenant hereby leases from Landlord that certain property with the improvements thereon, containing approximately 7500 square feet, hPreinafter called the ".leased vremise -%" known as ditinij, C`_itv_nf_Nnustnn Thrres County_ Texas_ The primary term of this lease shall be 32 months commencing on the 1st day of February, 199-6, and ending on the 31st day ofJII1S`, upon the following terms, conditions, and covenants: 1. TAXES. Each year during the term of this lease, Landlord shall pay real estate taxes assessed against the leased premises in an amount equal to the total real estate taxes assessed against the leased premises in the base year. 2. UTILITIES. Tenant shall pay all charges for utility services to the leased premises. 3. HOLDING OVER Failure of Tenant to surrender the leased premises at the expiration of the lease constitutes a holding over which shall be construed as a tenancy from month to month at a rental of $1510.00 per month. 4. RENT. Tenant agrees to and shall pay Landlord at 4306 Misty Timhcrs Way, King3yood, Texas 77345, County of Harris, Texas, or at such other place Landlord shall designate in writing, as rent for the leased premise, the total sum of eighteen thousand and one hundred twenty and no /100 dollars (, 18,12 , payable in equal monthly payments of D= thousand and five hundred ten and no /i 00 dollars ($1,51 0-M each on or before the 1S1 day of each month, commencing on February 1. 1995, and continuing thereafter until the total sum shall be paid. Rent received thirty one days after the due date shall be deemed delinquent, and on all such delinquencies per month Tenant shall pay a late charge in an amount of one nereent (1 %) per month. S. USE. Tenant shall use the leased premises for the following purpose and no other: swrauge 6. SECURITY DEPOSIT. Tenant shall pay to Landlord a security deposit in the sum of A--. payable on or before the commencement of this lease for Tenant's faithful performance hereunder. Refund thereof shall be made upon performance of this lease agreement by Tenant, minus any assessments or damages unless Landlord and Tenant provide otherwise in Special Provisions. �HIB.IT A COMMERCIAL LEASE con't. Page 2 of 9 is 7. INSURANCE. Landlord shall pay for fire and extended coverage insurance on the buildings and other improvements on the leased premises in an amount not less 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 first year of this lease. Tenant shall provide public liability and property damage insurance for its business operations on the leased premises in the amount of 5-700,6110 nn 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 insured and shall be issued by an insurance company. Tenant shall upon request of the Landlord provide Landlord with certificates of insurance evidencing the coverage required herein. Tenant shall be solely responsible for fire and casualty insurance on Tenant's property on or about the leased premises. If Tenant does not maintain such insurance in full force and effect, Landlord may notify Tenant of such failure and if Tenant does not deliver to Landlord within 10 days after such notice a certificate showing all such insurance to be in full force and effect, Landlord may at his option, take out the necessary insurance to comply with the provision hereof and pay the premiums on the items specified in'such notice, and Tenant covenants thereupon on demand to reimburse and pay Landlord any reasonable amount so paid or expended in the payment of the insurance premiums required hereby and specified in the notice, with interest thereon at the rate of N/A percent per annum from the date of such payment by Landlord until repaid by Tenant. 8. 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 deterioration between the date of this lease and the date Tenant begins occupying the leased premises unless Landlord and Tenant agree to repairs or refurbishment as noted in Special Provisions. 9. MAINTENANCE AND REPAIRS. Landlord shall keep the foundation, the exterior walls (except glass, windows, doors, door closure devices, window and door frames, molding, locks 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 occasioned by the sole negligence of the Tenant, its employees, subtenants, licensees, and concessionaires. Landlord is responsible for maintenance of the common area and the common area equipment. Tenant will endeavor to give Landlord written notice of needed repairs and Landlord shall make such repairs in an expedient manner. If any repairs reported as required herein are not made within ten (10) days after written notice given to the Landlord, Tenant may, at its option, make such repairs without liability for any loss or damage which may result by reason of such repairs and Landlord shall pay to Tenant upon demand all costs associated with such repairs or Tenant may deduct such amounts owed by the Landlord from the Tenant's monthly rental payments until such expense is paid in full. If an • emergency arises which mandates that the repair be made immediately, Tenant may, in its sole COMMERCIAL LEASE con't. Page 3 of 9 • discretion, make the repairs without prior notice to the Landlord and recover from Landlord all costs associated with making the emergency repairs. At the termination of this lease, Tenant shall deliver the leased premises in the order and condition as the property was in when tendered to Tenant at the beginning of the lease term, 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 of thereof on 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, which permission shall not be- unreasonable withheld. 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 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 solely caused by the Tenant's installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. 11. COMPLIANCE WITH LAWS AND REGULATIONS. Both Landlord and Tenant shall comply with all laws, orders and requirements of all governmental entities with reference to the use, occupancy, and maintenance 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 the Landlord if such rules and regulations are reduced to writing and are tendered to, acknowledged by, and agreed to by the Tenant prior to the execution of this lease. Such rules shall not be hereinafter modified without the express written consent of all parties to 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, which consent shall not be unreasonable withheld. 'An assignment or subletting without the written consent of Landlord shall be void and shall, at the option of Landlord, terminate this lease. • • COMMERCIAL LEASE con't. Page 4 of 9 13. DESTRUCTION. In the event the leased premises if partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Tenant shall give notice to Landlord of the same. Landlord shall 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 the Landlord's sole expense. Landlord shall allow Tenant a fair reduction of rent during the time the leased premises are partially unfit for occupancy, as determined at the Tenant's sole discretion. If the leased premises are totally destroyed, deemed by the tenant to be rendered unfit for occupancy by fire or other casualty, or if Landlord in good faith decides not to repair or rebuild, ihis lease shall terminate and the rent shall be prorated to the date of casualty. 14. TENANT DEFAULT AND REMOVAL OF ABANDONED PROPERTY. If Tenant abandons the premise 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 ten (10) days after Landlord notifies Tenant in writing of such abandonment or default and of Landlord's intention to-declare this lease terminated. Such notice shall be sent by Landlord to Tenant to Tenant's last known address by certified mail. If Tenant has not completely removed or cured the default or has not commenced removing or curing such 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 property without being deemed guilty of trespass and without waiving any other remedies for arrears of rent or breach of covenant. For purposes of this section, Tenant is presumed to have abandoned the premises if goods, equipment, or other property in an amount substantial enough to indicate a probable intent to abandon the premises, if being or has been removed from the premises and the removal is not within the normal course of Tenant's business. 15. INTERRUPTION OF UTILITIES. Landlord or Landlord's agent may not interrupt or cause the interruption of utility service paid directly to the utility company by Tenant unless interruption results from bona fide repairs, construction, or an emergency. If any utility services furnished by the Landlord are interrupted and continue to be interrupted for a period of three (3) days, Tenant shall have the right at its sole discretion to ternnate this agreement without liability of any kind. All prepaid rents for any month or portion thereof for any period after the Tenant terminates the lease shall be refunded to the Tenant immediately, upon demand. Landlord shall use reasonable diligence to repair and remedy such interruption promptly. lb. EXCLUSION OF TENANT. Landlord may not intentionally prevent Tenant from entering the leased premises except by judicial process unless the exclusion results from: (a) bona fide repairs, construction, or an emergency: (b) removing the contents of premises abandoned by • Tenant: or (c)changing the door locks of Tenant in the event Tenant is delinquent in paying COMMERCIAL LEASE con't. Page 5 of 9 • at least part of the rent. If Landlord or Landlord's agent changes the door lock of Tenant, in the event Tenant is delinquent in paying rent, Landlord or Landlord's agent must place a written notice of Tenant's front door stating the name and address or telephone number of the individual or company from which the new key may be obtained. The new key is required to be provided to the tenant upon payment of any delinquent payment. 17. SUBORDINATION. Landlord is hereby irrevocably vested with full power and authority to subordinate this lease to any mortgage, deed of trust, or other lien hereafter placed on the demised premises 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 force 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. 18. 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, which shall not be unreasonable withheld. Landlord shall have the right to temporarily 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. HAZARDOUS MATERIALS. Landlord warrants and represents that the Property does not contain "Hazardous Materials ", as that phrases is defined herein. For purpose of this provision the phrase "Hazardous Materials" shall mean and include any toxic contaminated or other hazardous materials including without limitation, asbestos, PCB, transformers, underground storage containers, materials containing any radioactive substances, petroleum base products, paints, solvents, lead, cyanide, DDT, acids, pesticides, ammonium compounds, and any other substance forming a component part of the improvements which has heretofore or may in the future be determined to contain toxic wastes, hazardous materials, or undesirable substances injurious to the health of occupants living or working in or around the subject Property. Landlord acknowledges that current, past, and future federal, state, and local laws and regulations may have had or continue to have any interest in the Property • COAINMRCIAL LEASE con't. Page 6 of 9 including, but not limited to, current, past, and future owners and users, including tenants, of the Property. The cost and expense of such clean up may be substantial. Landlord further acknowledges that the real estate Brokers and their agents involved in the negotiation of this transaction have no expertise with respect to any such Hazardous Materials. Landlord acknowledges and agrees that Landlord shall look solely to experts and professionals selected by Landlord to advise Landlord with respect to the condition of the Property and shall not hold the real estate Brokers, their agents responsible for any Hazardous Materials condition or problem relating to the Property. Landlord hereby agrees to indemnify, defend, and hold the real estate Brokers and their agents ;participating in this transaction harmless from any and all liability, claim, debt, damage, cost, or expense, including reasonable attorney's fees, related to or arising out of or in any way connected to Hazardous Materials and/or toxic wastes and/or any other desirable substances affecting the Property. 22. NOTICES. Notices to Tenant shall be by certified mail or other delivery to the leased premises with z copy of the same to the Tenant at P 0 Box 424, Baytown, Texas 77522. 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 faith" 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 utility 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 or property of Tenant or Tenant's employees, agents, or guests, and same shall not be 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 last thirty (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 to prospective purchasers or tenants only with the Tenant's consent, which shall not be unreasonable withheld. 25. RIGHT OF ENTRY. Upon seventy -two hours prior written notice to the Tenant, Landlord may between 8:00 a.m. and 5:00 p.m., Monday through Friday or at other times mutually agreed to by the parties hereto, enter the demised premises (a) to inspect the general condition and state of repair thereof, (b) to make repairs required or permitted under this lease, or ( c ) for any other reasonable purposes. 26. WAIVER OF BREACH. The waiver by the Landlord or the Tenant of any breach of any provision of this lease shall not constitute a continuing waiver or a waiver of any subsequent COMMERCIAL LEASE con't. Page 7 of 9 0 breach of the same or a different provision of the lease. 27. TBIE OF ESSENCE. Time is expressly declared to be of the essence in this lease. 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 everyone of the heirs, executors, representatives, successors, and assigns of Landlord of Tenant. 29. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this lease agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right 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 case any one or more the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 32. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter of this lease. 33. AMENDMENT. No amendment, modification, or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the parties. 34. ATTORNEY'S FEES. Any signatory to this lease agreement who is the prevailing party in any legal 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, and all other reasonable out -of- pocket costs of litigation, including deposition, travel and witness costs, from the nonprevailing party. 35. SPECIAL PROVISIONS. (This section to include additional factual data not included above). 0 COIVIlITERCIAL LEASE con't. Page 8 of 9 0 LANDLORD'S COVENANTS. Landlord covenants and warrants that Landlord has the full right and lawful authority to enter into this lease for the full term hereof and that Landlord has good, valid and marketable title to the premises. 2. SEVERABILHY. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 3. NO THIRD PARTY BENEFICIARIES. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Landlord and Tenant only. 4. AUTHORITY TO ENTER CONTRACT. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 5. AGREEMENT READ. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 6. MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. THIS IS A LEGAL DOCUMENT, READ IT CAREFULLY, IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PART OF THIS AGREEMENT, SEEK COMPETENT LEGAL ADVICE. • EXECUTED this nth day of C'o . r , 19q_ TENANT or TENANTS SIGNATURES) LANDLORD SIGNATURE City of Baytown Trustee of Harris County Bernadine Foster Organized Crime and Narcotics Task Force L- 30 a ADDRESS ADDRESS 77 3 CITY, STATE, ZIP CITY, ST E, ZIP � -713 —34 22 TELEPHONE TELEPHONE STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared Bernadine Foster, in her capacity as Owner and Landlord of the above - referenced premises, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this � day of Notary Public ingrIg-fo? the S(4e of Texas STATE OF TEXAS § COUNTY OF HARRIS § , 1995. Before me on this day personally appeared Pete C. Alfaro, in his capacity as Mayor of the City of Baytown as Trustee of the Harris County Organized Crime and Narcotics Task Force, on behalf of such corporation, 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. SUBSCRIBED AND SWORN before me this day of Notary Public in and for the State of Texas 1995.