Ordinance No. 7,687960425 -1
ORDINANCE NO. 7687
® 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 RIGHT DIRECTION COMMUNITY
ACTION CENTER FOR LEASING OF BLOCK 28, LOTS 1, 2, 3, 21, 22, 23, 24,
GOOSE CREEK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
WHEREAS, the City Council of the City of Baytown authorized a lease agreement on
November 21, 1994, with The Power Zone for Block 28, Lots 1, 2, 3, 21, 22, 23, 24, Goose Creek;
and
WHEREAS, on January 26, 1996, The Power Zone notified the City of its intention to
terminate the lease agreement for said property and has returned the property to the City; and
WHEREAS, the City of Baytown has released The Power Zone from their obligations under
the lease agreement and has rebid the property; NOW THEREFORE
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
an option to buy, with Right Direction Community Action Center 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 25th day of April, 1996.
xg&
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Cler
APPROVED AS TO FORM:
keNXCI0 RAMIRE SR., ttorney
cAcouncilAmeetingslapriNane.25
•
960425 -Za
THE STATE OF TEXAS §
® § KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
•
THIS LEASE AGREEMENT made and entered into by and between the City of Baytown
for itself and on behalf of the Goose Creek Consolidated Independent School District and 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 Right
Direction Community Action Center, acting herein by and through its proper officers, hereinafter
referred to as "Lessee ";
WITNESSETH:
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), BAYTOWN, HARRIS COUNTY, TEXAS.
The term of this lease is FORTY (40) years, beginning with the 1 st day of May, 1996, and
ending with the 30th day of April, 2036.
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 NO 1100 DOLLARS
($1.00) per year. In this connection, Lessor hereby acknowledges receipt from Lessee of the sum
of $40.00 in full payment of all rentals due and payable under the terms of this lease.
EXHIBIT A
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 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
® 2
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 Lessor's 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 injury, death, or damage results from the
sole negligence of the Lessor unmixed with the fault of any other person or entity.
VII.
It is expressly agreed that the 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 Liabilit 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
3
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.
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 premised as
the location for its ANTI -GANG, VIOLENCE PREVENTION COMMUNITY RESOURCE
CENTER. It is understood and agreed that Lessee presently contemplates 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 an 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.
M
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 sixty (60) days for any reason, this lease shall terminate and Lessee shall
surrender possession of the leased premises at the expiration of the sixty (60) days.
`."
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 , 1996.
CITY OF BAYTOWN
PETE C. ALFARO, Mayor
0 ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
JERRY ROY, Superintendent
ATTEST:
RIGHT DIRECTION COMMUNITY
ACTION CENTER
Reverend Hosea Lane, Director
• 6
W THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared Reverend Hosea
Lane, Director of Right Direction Community Action Center, known to me to be the person whose
name is subscribed to the foregoing i9strument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed, and in the capacity therein stated.
(seal)
c:\jrysharcdManc1cns.wpd
•
7
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS