Ordinance No. 7,764960725 -12
ORDINANCE NO. 7764
® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A LEASE AGREEMENT
WITH LOOP 610 WEST LTD.; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF ONE HUNDRED TWENTY -TWO THOUSAND TWO
HUNDRED NINETY -NINE AND 80/100 DOLLARS ($122,299.80); MAKING
OTHER PROVISIONS RELATED THERETO; 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 Director of the Harris County Organized Crime and Narcotics Task Force to execute a
Lease Agreement with Loop 610 West Ltd. A copy of said agreement is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Loop 610
West Ltd. of the sum of ONE HUNDRED TWENTY -TWO THOUSAND TWO HUNDRED
NINETY -NINE AND 80 /100 DOLLARS ($122,299.80), pursuant to the Agreement.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated
§ 252.048, the City Manager is hereby granted general authority to approve any change order
involving a decrease or an increase in costs of FIFTEEN THOUSAND AND NO 1100 DOLLARS
($15,000.00) or less, subject to the provision that the original contract price may not be increased
by more than twenty -five (25 %) or decreased by more than twenty -five (25 %) percent without the
consent of the contractor to such decrease.
Section 4: 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 July, 1996,
PETE C. ALFARO, Nfayor
ATTEST:
f
EILEEN P. HALL, City Clerk
•
Is
LOOP 610 WEST, LTD.
TEXAN BUILDING
333 WEST LOOP NORTH, FOURTH FLOOR
HOUSTON, TEXAS 77024
OFFICE LEASE
BETWEEN
LOOP 610 WEST, LTD.
( "Landlord ")
AND
* ** HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE
( "Tenant ")
* ** AUTHORIZED BY THE CITY OF BAYTOWN
EXHIBIT A
® OFFICE LEASE
•
BASIC LEASE INFORMATION
Date: August 1, 1996
Landlord: LOOP 610 WEST, LTD.
Tenant: * ** HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE
Building: TEXAN BUILDING, Houston, Texas 77024
Premises: 333 West Loop North Suite A, Suite 100, Suite 420
Term Commencement: 08/01/96 or such earlier date as set forth
in Section 2.01 of the Lease.
Expiration Date: January 31, 1997
Net Rentable Area of the Building: 69,998 Square Feet
Net Useable Area of the Premises: Total of 12,930 Square Feet
Net Rentable Area of the Premises: Total of 2,433.17 Square Feet
Suite A - Net Rentable Area 992 Square Feet
First Floor - Net Useable Area 12,930 Square Feet
Suite 420 - Net Rentable Area 1,441.17 Square Feet
Tenant's Proportionate Share: 21.948%
Annual Base Rental: Total of $192,039.63 per year, for Lease.
Calculation: Multiply $12.50 times the number of Square Feet
of the Net Useable /Rentable Area of the Premises.
Notice : - The-Payment Schedule Exhibit "G" -ref 1 ects -the
required Payment for the Six (6) Month Lease Term.
Security Deposit: 0.00
** AUTHORIZED BY THE CITY OF BAYTOWN
2
Initial for Identification
r:
C:
Landlord's Address Texan Building
for Notices: Fourth Floor
333 West Loop North
Houston, Texas 77024
Attention: Mr. Henry J. N. Taub II
Vice President
Tenant's Address Texan Building
for Notices: Suite 100
333 West Loop North
Houston, Texas 77024
Attention: Captain Johnny Erikson
Exhibits and EXHIBIT
"A"
- SUITE A FLOOR PLAN
Riders: EXHIBIT
"B"
- FIRST FLOOR FLOOR PLAN
EXHIBIT
"C"
- SUITE 420 FLOOR PLAN
EXHIBIT
"D"
- FIT -UP ALLOWANCES
EXHIBIT
"E"
- PARKING
EXHIBIT
"F"
- BUILDING RULES AND REGULATIONS
EXHIBIT
"G"
- PAYMENT SCHEDULE
The foregoing Basic Lease Information is hereby incorporated
into and made a part of the Lease.
3
U]
In the event of any conflict between any Basic Lease
Information a the Lease, the Lease shall control.
LANDLORD
LOOP 610 WEST, LTD.
By:
Henry J. N. Taub II
Its: Vice President
Six Ten Corporation
General Partner
TENANT
* ** Harris County Organized
Crime and Narcotics Task
Force
By.
Captain Johnny Erikson
Its: Project Director
* ** AUTHORIZED BY THE CITY OF BAYTOWN
4
•
d
OFFICE LEASE AGREEMENT
THIS LEASE is entered as of the lst day of August, 1996
between LOOP 610 WEST, LTD., ( "Landlord "), and * ** HARRIS COUNTY
ORGANIZED CRIME AND NARCOTICS TASK FORCE.
ARTICLE 1
PREMISES
Leased Premises: 1.01 (a) Upon the terms, provisions
and conditions hereof, and each in
consideration of the duties, covenants and
obligations of the other hereunder,
Landlord hereby leases to Tenant and Tenant
hereby leases from Landlord the premises
( "Leased Premises ") in the building known as
the "TEXAN BUILDING" the Leased Premises
being more particularly described as follows:
Reflected on the Floor Plans set forth in
EXHIBIT "A ", EXHIBIT "B ", AND EXHIBIT "C"
hereto.
1.01 (b) The term "net rentable area ", as
used herein is the sum of all floor area within
the inside surface of the outer glass (or
* ** AUTHORIZED BY THE CITY OF BAYTOWN
5
40
finished column walls) enclosing the Lessee
occupied portion o-f the floor and measured to
the mid -point of the walls separating areas
leased by or held for lease to other Lessees
and /or to the midpoint of walls or areas
devoted to rest rooms, if applicable, plus a
proportionate part of the corridors, elevator,
foyers, mechanical rooms, janitor and telephone
closets, toilet areas, and other similar
facilities for the use of all lessees of the
particular floor located on such floor as well
as a proportionate part of the Building lobby
(all hereinafter sometimes called "common
areas "). The net rentable area in the leased
premises has been calculated on the basis of
the foregoing definition and is hereby
stipulated for all purposes herein to be as
above set forth whether the same should be more
or less as a result of minor variations
resulting from actual construction and
completion. of the leased premises for occupancy
so long as such work is done in accordance with
the terms and provisions thereof.
6
0 TERM: 1.02 Subject to the terms, provisions and
•
conditions hereof, this Lease shall continue in
force for a term ( "Term ") of Six (5) Months
beginning on the 1st day of August, 1995 and
ending on the 31st day of January, 1997.
USE: 1.03 The Leased Premises shall be used
and occupied by Tenant solely for the purpose
of office space, and for no other purpose,
without Landlord's express written consent.
7
•
ARTICLE 2
RENTAL
Base Rental: 2.01 (a) During the Six (6) Month Term, Tenant
shall pay a base rental in the amount of
$96,019.80 for Lease being $12.50 per square
foot of the net USEABLE and /or RENTABLE Areas
of the Leased Premises. Such base rental does
not include Basic Operating Costs (hereafter,
defined). The base rental is subject to the
increase as herein set forth.
2.01 (b) The Six (6) Month base rental
together with all increases thereof provided
for herein shall be due and payable as set
forth in Exhibit "G ", at the place and manner
set forth in Section 4.01 hereof, without
demand, deduction, abatement or set off ( except
as otherwise expressly provided for in Section
5.01 and 5.02). If the Term commences or ends
on other than the first or last day of a
calendar month, then the installment of base
rental for such month shall be appropriately
prorated.
E
•
Tenant's Share 2.02 (a) Tenant shall pay Tenant's
of Basic Share (hereinafter defined) of the Basic
Operating Costs: Operating Costs (hereinafter defined) for the
Building. Tenant shall pay Tenant's Share of
the estimated Basic Operating Costs for each
calendar year in question. Such payments shall
be due and payable monthly in advance in
installments of one - twelfth (1 /12th) of the
amount of the estimated Basic Operating Costs.
If the Term commences or ends on other than the
first or last day of a calendar month, then the
payment of Tenant's Share of Basic Operating
Costs for such month shall be appropriately
prorated.
2.02 (b) Within one hundred fifty (150)
days or as soon thereafter as possible after
the conclusion of each calendar year during the
Term, Landlord shall furnish to Tenant a
statement of actual Basic Operating Costs for
such year. If Landlord's estimate of Basic
Operating Costs shall have been less than
actual Basic Operating Costs for the period in
question, then within thirty (30) days after
the delivery of such statement Tenant shall pay
E
C]
Tenant's share of the difference between actual
Basic Operating Costs and estimated Basic
Operating Costs to Landlord, if Landlord has
overestimated Basic Operating Costs, then
Tenant's share of the difference between
estimated Basic Operating Costs and actual
Basic Operating Costs shall be credited against
future payments of additional rental due under
Section 2.02 (a), or if the Term has expired or
terminated, a reconciliation payment shall be
made by Landlord to Tenant within thirty (30)
days after the delivery of such statement.
2.02 (c) "Basic Operating Costs" shall
mean the operating expenses of the Building and
all expenditures by Landlord to maintain the
Building, parking garage and related facilities
and such additional facilities in subsequent
years as may be determined by Landlord to be
necessary in accordance with sound and
reasonable practices for facilities of a like
kind and character. All operating expenses
shall be determined on an accrual basis in
accordance with generally accepted accounting
principles which shall be consistently applied.
10
•
Such operation expenses shall include all
expenses, costs and disbursements (but not
rental commissions, replacement of capital
investment items or specific costs specifically
billed to and paid by specific tenants) of
every kind and nature which Landlord shall pay
or become obligated to pay because of or in
connection with the ownership, operation, and
maintenance of the Building, including, but not
limited to, the following:
(1) Wages and salaries of all employees,
including employees of Landlord, engaged in.
direct operation and maintenance of the
Building, employer's social security taxes,
unemployment taxes or insurance, and any other
taxes which may be levied on such wages and
salaries, the cost of workers' compensation
insurance and pension or retirement benefits,
vacation and all other employee benefits and
payroll burden for such employees;
(2) All supplies and materials used in
operation and maintenance of the Building;
(3) Cost of all utilities for the Building
including the cost of water and power, heating,
lighting, air - conditioning and ventilating for
11
12
the Building;
(4) Cost of all maintenance and service
agreements for the Building, the equipment
therein and grounds, including, without
limitation, janitorial service, landscape
maintenance, alarm service, window cleaning and
elevator maintenance;
(S) Cost of all insurance relating to the
Building, including casualty and liability
insurance applicable to the Building and
Landlord's personal property used in connection
therewith in the common areas, based on
commercial insurance rates;
(6) All taxes and assessments and governmental
charges, whether federal, state, county or
municipal and whether they be by taxing
districts or authorities presently taxing the
Leased Premises or by others, subsequently
created or otherwise, and any other taxes and
assessments attributable to the Building and
garage facilities or its operation, excluding,
however, federal and state taxes on income and
ad valorem taxes on Tenant's personal property
and on the value of leasehold improvements to
the extent that the same exceeds standard
building allowances;
12
40
(7) Cost of repairs and general maintenance
(excluding such repairs and general maintenance
included within the risks covered by standard
fire policy with extended coverage and
vandalism and malicious mischief endorsements,
or paid by insurance proceeds or by Tenant or
other third parties and alterations
attributable solely to tenants of the Building
other than Tenant).
(8) Legal expenses, accounting expenses and
management fees incurred with respect to the
Building, including such expenses for services
of Landlord's employees charged directly to the
Building;
(9) Costs incurred in compliance with new or
revised federal or state laws or municipal
ordinances or codes or regulations promulgated
under any of the same, and;
(10) Amortization of the cost of installation
of capital investment items which are primarily
for the purpose of reducing operating costs or
which may be required by governmental
13
r
0 authority. All such costs shall be amortized
over the reasonable life of the capital
investment items with the reasonable life and
amortization schedule being determined in
accordance with generally accepted accounting
principles and in no event to extend beyond the
reasonable life of the Building. In the case
of installations for the purpose of reducing
operating costs. Landlord shall, upon request,
provide Tenant a cost justification thereof.
Not withstanding any other provision herein to
the contrary, it is agreed that in the event
the Building is not fully occupied during any
calendar year, an adjustment shall be made in
computing the Basic Operating Costs for such
year so that the Basic Operating Costs shall be
computed for such year as though ninety -five
percent (95 %) of the Building had been occupied
during such year. It is further agreed that
Tenant shall pay their proportional share of
all the Basic Operating Costs, which exceeds
$4.00 per square foot during the Term of this
Lease.
•
14
0
•
ARTICLE 3
LANDLORD'S SERVICES
Services to be 3.01 (a) Landlord shall use its best
furnished by efforts to furnish Tenant, at Landlord's
Landlord: expense, subject to payment of the rent and
additional rent as provided herein and the
Building Rules and Regulations (hereafter
defined), the following services:
(1) Air - conditioning and heating in season,
during Normal . Building Operating Hours
(hereafter defined), at such temperatures and
in such amounts as are considered by Landlord
to be standard or as specified by Government
authorities;
(2) Hot and cold water at those points of
supply provided by lavatory and drinking
fountain purposes only;
(3) Janitor service in and about the Building
and the Leased Premises five (5) days per week,
and periodic window washing; however, Tenant
shall pay, as additional rent, the additional
costs attributable to the cleaning of
improvements within the Leased Premises other
than Building Standard improvements;
15
•
(4) Elevator service for access to and egress
from the Leased Premises and the Building.
(5) Electricity and proper facilities to
furnish sufficient electrical power during
Normal Building Operating Hours for building
machines and other machines of low electrical
consumption, but not including electricity
required for electronic data processing
equipment, special lighting in excess of
building standard, or any other item of
electrical equipment which singly consumes more
than 0.5 kilowatts per hour at rated capacity
or requires a voltage other than 120 volts
single phase, and;
(6) Replacement of fluorescent lamps in
Building Standard light fixtures installed by
Landlord and incandescent bulb replacement in
all public areas.
3.01 (b) "Normal Building Operating
Hours" shall be from 7:00 a.m. to 7:00 p.m.
Monday through Friday, but not on Saturdays,
Sundays, New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
16
•
3.01 (c) Failure by Landlord to any
extent to furnish these defined services, or
any cessation thereof, resulting from causes
beyond the control of Landlord shall not render
Landlord liable in respect for damages to
either person or property, not be construed as
an eviction of Tenant, nor work an abatement of
rent, nor relieve Tenant from fulfillment of
any covenant or agreement hereof. Should any
of such services be interrupted, Landlord shall
use reasonable diligence to restore same
promptly, but Tenant shall have no claim for
rebate of rent or damages or eviction on
account thereof.
3.01 (d) Tenant shall pay to Landlord,
monthly, as billed, such charges as may be
separately metered or as Landlord may compute
for any electric services utilized by Tenant
for computers, data processing equipment or
other similar electrical equipment, extra
lighting, electrical service in excess of that
stated in Sections 3.01 (a) (1) and (5), or
other electrical service not standard for the
Building.
17
C
Improvements 3.02 Landlord shall make those
to be made by improvements to the Leased Premises referred
Landlord: to in Exhibit "D" hereto, under the terms and
conditions therein set forth. "Building
Standard" shall mean the building standard
tenant improvements described as such in said
Exhibit "D".
Repair and 3.03 Unless otherwise expressly stipulated
Maintenance by herein, Landlord shall not be required to make
Landlord: any improvements or repairs of any kind or
character on or with respect to the Leased
Premises, except such repairs as may be
required to the Building corridors, lobby,
structural members of the Building and
equipment used to provide the services referred
to in Section 3.01, and such additional
maintenance to corridors, lobbies or structural
members as may be necessary because of damage
by persons other than Tenant, its agents,
employees,. invitee or visitors. The
obligation of Landlord to maintain and repair
the Leased Premises shall be limited to
Building Standard items. Special Leasehold
improvements will not be maintained by Landlord
18
•
unless otherwise specifically agreed in
writing. This Section shall not apply in the
case of damage or destruction by fire or other
casualty which is covered by standard fire
policy with extended coverage and vandalism and
malicious mischief endorsements (as to which
Section 5.02 shall apply), or damage resulting
from an eminent domain taking (as to which
Section 5.01 shall apply).
Parking: 3.04 Tenant shall have the rights to the
parking permits described in Exhibit "E"
hereto, subject to the provisions set forth in
such Exhibit.
19
•
ARTICLE 4
TENANT'S COVENANTS
Payments by 4.01 Tenant agrees to timely pay all rents
Tenant: and other sums provided to be paid to Landlord
at the times herein provided. Such payments
shall be made in U. S. Dollars to the following
address:
Loop 610 West Ltd.
Texan Building
333 West Loop North, Fourth Floor
Houston, Texas 77024
or at such other place as Landlord shall
designate from time to time.
Certain Taxes: 4.02 Tenant shall pay all ad valorem
taxes on all improvements installed in the
Leased Premises that are in excess of those
installed by Landlord from time to time as
"Building Standard ".
Repairs by 4.03 Tenant shall promptly give Landlord
Tenant: written notice of any damage to the Leased
Premises. Tenant shall, at its cost, repair or
replace any damage to the Building, or any part
20
® thereof, caused by Tenant or Tenant's agents,
employees, invitee or visitors, provided that
no such repair or replacement shall be
undertaken without Landlord's prior written
approval, and Landlord may, at its option,
elect to make such a repair or replacement
itself and in such case. Tenant shall promptly
reimburse Landlord for the cost of such repair
or replacement.
•
Care of the 4.04 Tenant shall maintain the Leased
Leased Premises: Premises in a clean, attractive condition, and
not commit or allow any waste or damage to be
committed on or to any portion of the Leased
Premises, and at the expiration or termination
of this Lease shall deliver up the L e a s e d
Premises to Landlord in as good a condition as
at date of possession by Tenant, ordinary wear
and tear excepted. Tenant agrees to occupy at
all times the Leased Premises.
Assignment or 4.05 Should Tenant desire to assign
Sublease: this Lease or sublet the Leased Premises or any
part thereof, Tenant shall give Landlord
written notice of such desire ninety (90) days
21
•
in advance of the date on which Tenant desires
to make such assignment or sublease. Landlord
shall have a period of sixty (60) days
following receipt of such notice within which
.to notify Tenant in writing that Landlord
elects either.
4.05 (a) To terminate this Lease as to
the space so affected as of the date
specified by Tenant, in which event Tenant will
be relieved of all further obligations
hereunder as to such space,. or;
4.05 (b) To permit Tenant to assign this
Lease or sublet such space, subject, however,
to subsequent written approval of the proposed
assignee or sublessee by Landlord, which
approval shall not be unreasonably withheld if:
(1) The proposed assignee or sublessee is
engaged in a business which is in keeping with
,the then standards of the Building:
(2) The proposed assignee or sublessee is a
respectable party of substantial financial
worth and Tenant shall have provided Landlord
with proof thereof;
W
•
(3) Tenant shall remain primarily liable under
this Lease;
(4) The occupancy by the proposed assignee or
sublessee will not create unreasonable elevator
loads or otherwise interfere with standard
building operations;
(5) Tenant enters into a written agreement
with Landlord whereby it is agreed that any
profit realized by Tenant as a result of such
sublease or assignment shall be payable to
Landlord as it accrues as additional rent
hereunder, and;
(6) The rental rate to be charged to such
assignee or sublessee is not less than the then
current market rate for similar space leased
for a similar term in the Texan Building.
If Landlord should fail to notify Tenant in
writing of such election within such sixty (60)
day period, Landlord shall be deemed to have
elected (b) above. Where Landlord consents to
any such assignment, sublease or other
transaction, Landlord may require that Tenant
pay to Landlord a reasonable sum for costs,
expenses and attorney's fees arising incident
to such transaction and that the assignee or
23
is
subtenant pay Landlord the reasonable sum
incurred by Landlord in moving the assignee or
subtenant in and out of the Leased premises
should Landlord, at its option, provide such
assistance. No space in the Building shall be
listed or offered by Tenant to any broker or
similar party for listing or advertisement, nor
shall Tenant advertise for subletting without
the prior written approval of Landlord. Any
attempted assignment, sublease, or other action
by Tenant in violation of this Section 4.05
shall be void and shall constitute an Event of.
Default (hereafter defined).
Alterations, 4.06 Tenant will make no alteration,
Additions & change, improvement, repair, replacement or
Improvements: addition to the Leased Premises without the
prior written consent of Landlord. Tenant may
remove its trade fixtures, office supplies and
movable office furniture and equipment not
.attached to the Building provided: (1) Such
removal is made prior to the termination or
expiration of the Term; (2) Tenant is not
then in default in the timely performance of
any obligation or covenant under this Lease;
24
Compliance with
Laws and Usage
Liens:
:7
and (3) Tenant promptly repairs all damage
caused by such removal. All other property at
the Leased Premises and any alteration or
addition to the Leased Premises (including but
not limited to wall -to -wall carpeting, drywall
partitions, paneling or other wall covering)
and any other article attached or affixed to
the floor, wall, or ceiling or the Leased
Premises shall become the property of Landlord
and shall be surrendered with the Leased
premises as part thereof at the termination of
this Lease, without payment or compensation
therefor. If, however, Landlord so requests in
writing, Tenant will, prior to termination or
expiration of this Lease, remove any and all
alterations, additions, fixtures, equipment and
property placed or installed by it in the
Leased Premises and will repair any damage
caused by such removal.
4.07 Tenant, at its cost, shall_ comply with
all federal, state, municipal and other laws
and ordinances, and the Building Rules and
Regulations applicable to the Leased
Premises and the business conducted therein by
25
Tenant; will not engage in any activity which
would cause fire and extended coverage
insurance for the Building to be unavailable,
canceled, more difficult to be obtained, or
the rate therefore to be increased (or, at
Landlords's option, will pay any such
increase); will not commit any act which is a
nuisance or annoyance to Landlord or to other
tenants or which might, in the exclusive
judgement of Landlord, appreciably damage
Landlord's goodwill or reputation, or tend to
injure or depreciate the Building; and will not
commit or permit waste in the Leased Premises
or Building. Tenant has no authority to
encumber the Building or Leased Premises with
any lien, and Tenant shall not suffer or permit
any such lien to exist. Should any such lien
hereafter be filed, Tenant shall promptly
discharge the same at its sole cost.
Access by 4.08 Tenant shall _permit Landlord or its
Landlord: agents or representatives to enter into and
upon any part of the Leased Premises at all
reasonable hours to inspect same; to clean; to
make repairs, alterations or additions thereto,
26
�11
as Landlord may deem necessary or desirable; to
show the Leased Premises to prospective
purchasers or tenants; or for any other
purpose deemed reasonable by Landlord.
Landlord's 4.09 Tenant agrees with Landlord and with
Mortgagee: the mortgagee of any first mortgage or the
beneficiary of any first deed of trust now or
hereafter constituting a lien on the Building
or the Leased Premises ("Landlord's Mortgagee")
that any Landlord's Mortgagee shall have the
right at any time to elect, by notice in
writing given to Tenant, to make this Lease
superior to the lien of such mortgagee or deed
of trust and upon the giving of such notice to
Tenant, this Lease shall be deemed prior and
superior to the mortgage or deed of trust in
respect to which such notice is given; and at
Landlord's Mortgagee's request Tenant shall
execute a recordable memorandum of this Lease
establishing this Lease as superior to such
lien; or Landlord's Mortgagee may, by like
notice, make this Lease subordinate to such
mortgage or deed of trust. If Landlord's
Mortgagee shall elect to make this Lease
27
•
subordinate to such mortgage or deed of trust,
the same shall be self - operative and no further
instrument of subordination need be required by
any mortgagee. In confirmation of such
subordination, however, Tenant shall execute
promptly any appropriate instrument that
Landlord may request. Tenant hereby appoints
Landlord as Tenant's attorney-in-fact to
execute any such instrument on behalf of
Tenant. In the event of the enforcement by
Landlord's Mortgagee of the.remedies provided
for by law or by such mortgage or deed of
trust. Tenant will, upon request of any person
or party succeeding to the interest of Landlord
as a result of such enforcement, automatically
become the Tenant of such successor -in- interest
without change in terms or other provisions of
such Lease; provided, however, that such
successor -in- interest shall not be bound by (1)
any payment of rent or additional rent for more
than one month in advance except payments in
the nature of security for the performance by
Tenant of its obligations under this Lease, or
(2) any amendment or modification of this
Lease made without the written consent of such
W
•
trustee or such beneficiary or such successor -
in- interest. Upon request by such'successor-
in- interest, Tenant shall execute and deliver
instruments confirming the attornment provided
for herein.
Estoppel 4.10 At Landlord's request, Tenant
Certificate will promptly execute either an estoppel
or Three Party certificate addressed to Landlord's Mortgagee
Agreement: or a three party agreement among Landlord,
Tenant and the Landlord's Mortgagee certifying` -
as to such notice provisions and other matters
as Landlord's Mortgagee may reasonably request.
At Landlord's request from time to time, Tenant
will promptly execute a certificate stating the
commencement and expiration dates of the Term,
the rental then payable hereunder, that there
are no defaults on the part of Landlord or
claims against Landlord hereunder (or if there
are any, stating the same with particularity),
and such other information pertaining to this
Lease as Landlord may reasonably request.
29
v
0
ARTICLE 5
MUTUAL COVENANTS
Condemnation and 5.01 If the Leased Premises, Building, or
Loss or Damage: any part thereof shall be taken or
condemned for any public purpose (or conveyed
in lieu or in settlement thereof) to such an
extent as to render the remainder of the
Building or Leased Premises, in the opinion of
Landlord, not reasonably suitable for
occupancy, this Lease shall, forthwith cease
and terminate, and all proceeds from any taking
or condemnation of the Building and the Leased
Premises shall belong to and be paid to
Landlord. It is expressly agreed and
understood that all sums awarded or allowed for
such taking of said Leased Premises, or any
part thereof, or for damages for such taking,
shall belong to Landlord and the same are
hereby assigned to Landlord and Tenant shall
have no interest in or claim to such award, or
any part thereof, whether such award shall be
for the taking of such property of for damages
or otherwise. Tenant may, at its own expense,
take independent proceedings against the public
30
•
against the public authority exercising
the power of Eminent Domain, to prove and
establish any damages Tenant may have
sustained. Tenant shall have the option of
terminating this Lease effective on the date of
possession of the Leased Premises is
surrendered, by giving written notice to
Landlord of its election so to do, which must
be exercised at or prior to the date of the
actual taking of such property, and in the
event such option is not exercised within such
period, then it cannot be exercised thereafter.
If this Lease is not so terminated, Landlord
shall repair any damage resulting from such
taking, to the extent and manner provided in
Section 5.02, and rental hereunder shall (1)
be abated to the extent the Leased Premises are
rendered untenantable during the period of
repair, and (2) thereafter be adjusted on an
equitable basis considering the areas of the
Leased Premises taken and remaining.
Fire or Other 5.02 (a) In the event of a fire or other
Casualty; Certain casualty in the Leased Premises, Tenant shall
Repairs: immediately give notice thereof to the
31
C7
•
Landlord. If the Leased Premises shall be
partially or totally destroyed by fire or other
casualty so as to render the Leased Premises
untenantable in whole or in part, the rental
provided for herein shall abate as to the
portion of the Leased Premises rendered
untenantable until such time as the Leased
Premises are made tenantable as determined by
I
Landlord and Landlord agrees to commence and
prosecute such repair work promptly and with
reasonable diligence, or if such destruction
results in the Leased Premises being
untenantable in substantial part for a period
reasonably estimated by Landlord to be six (6)
months or' longer after such damage or
destruction, or in the event of total or
substantial damage or destruction of the
Building where Landlord decides not to rebuild,
then all rent owed up to the date of such
damage or destruction shall be paid by Tenant
and this Lease shall terminate upon notice
thereof to Tenant. Landlord shall give Tenant
written notice of its decisions, estimates or
elections under this Section 5.02 within sixty
4
(60) days after any such damage or destruction.
Kea
n
•
5.02 (b) Should Landlord elect to effect
any repairs under Sections 5.01 or 5.02,
Landlord shall only be obligated to restore or
rebuild the Leased Premises to a Building
Standard condition; Tenant shall have the
right to cause Landlord to rebuild or restore
the Leased Premises to the condition they were
in prior to such damage or destruction, in
which event Tenant shall bear the cost of such
restoration or rebuilding to the extent the
same exceeds the cost Landlord would have
incurred had only Building Standard
improvements been used.
Lien for Rent: 5.03 To secure the payment of rent and all
other sums due hereunder and the faithful
performance of all covenants required hereunder
to be performed by Tenant, Tenant grants to
Landlord a lien and security interest on all
property, chattels or merchandise of Tenant
which now or hereafter may be placed in or upon
the Leased Premises, and also upon all proceeds
of any insurance which may accrue to Tenant by
reason of damage or destruction of any such
property. Such lien and security interest
33
•
shall be in addition to Landlord's lien
provided by law. Tenant agrees to execute, as
debtor, such financing statements as Landlord
may now or hereafter reasonable request in
order to perfect such security interest.
Landlord may, at its election at any time, file
a copy of this Lease as a financing statement.
Landlord, as secured party, shall be entitled
to all of the rights and remedies afforded a
secured party under the Uniform Commercial
Code.
Holding Over: 5.04 If Tenant should remain in possession
of the Leased Premises after the termination or
expiration of the Terms without the execution
by Landlord and Tenant of a new lease, then
Tenant shall be deemed to be occupying the
Leased Premises as a tenant -at- sufferance,
subject to all the covenants and obligations of
this Lease and at a daily rental of twice the
per day rental in effect immediately prior to
such expiration or termination, computed on the
basis of a thirty (30) day month, due and
payable daily in Landlord's office, but such
holding shall not extend the Term.
34
•
Assignment by 5.05 Landlord shall have the right to
Landlord: transfer and assign, in whole or in part, all
its rights and obligations hereunder and in the
Building and property referred to herein, and
upon any such transfer or assignment, no
further liability or obligation shall
thereafter accrue against Landlord hereunder.
Limitation of 5.05 Tenant specifically agrees to look
Landlord's solely to Landlord's interest in the Building
Liability: for the recovery of any judgement against
Landlord, it being agreed that Landlord shall
never be personally liable for any such
judgement.
Control of Common 5.07 All automobile parking areas,
Areas and including the garage referred to in Exhibit
Garage Facilities "F ", driveways, entrances and exits thereto,
by Landlord: and other facilities furnished by Landlord,
including all parking areas, truck way or ways,
loading areas, pedestrian walkways, ramps,
landscaped areas, stairways and other areas and
improvements provided by Landlord for the
general use, in common, of tenants, their
officers, agents, employees, invitee,
35
0 licensees, visitors and customers shall be at
•
all times subject to the exclusive control and
management of Landlord, and Landlord shall have
the right from time to time to establish,
modify and enforce reasonable rules and
regulations (herein called the "Building Rules
and Regulations ") with respect to all
facilities and areas mentioned in this Section;
the initial Building Rules and Regulations are
set out in Exhibit "F" hereto and are of equal
dignity herewith. Landlord shall have the
right from time to time to change the area,
level, location and arrangement of parking
areas and other facilities hereinabove referred
to; to restrict parking by and enforce parking
charges to tenants, their officers, agents,
invitee, employees, licensees, visitors and
customers; to close all or any portion of such
area or facilities to such extent as may be
legally sufficient to prevent a dedication
thereof or the accrual of any rights to any
person or the public therein; to close
temporarily all or any portion of the public
areas or facilities; to discourage non -
customer parking in such parking facilities; to
36
w
charge a fee for visitor and or customer
parking in such parking facilities; and to do
and perform such other acts in and to such
areas and improvements as, in the use of good
business judgement, Landlord sha11 determine to
be advisable with a view to the improvements
as, in the use of good business judgement,
Landlord shall determine to be advisable with
a view to the improvement of the convenience
and the use thereof by tenants, their officers,
agents, employees, invitee, visitors,
licensees and customers.
Def aul t by Tenant: 5.08 ( a) Each o f t h e f o l l o w i n g
occurrences relative to Tenant shall constitute
an "Event of Default ":
(1) Failure or refusal by Tenant to make the
timely payment of any rent or other sums
payable under this Lease when and as the
same shall become due and payable, provided
Landlord has given Tenant three (3) days
written notice of the same; however, once
Landlord has given Tenant two (2) such notices
(whether as to one or more than one failure to
pay) it shall not be required to give further
37
•
notice and thereafter the failure or refusal by
•
Tenant to timely make any payment due hereunder
shall be an Event of Default without further
notice; or
(2) Abandonment or vacating of the Leased
Premises or any significant portion thereof;
or
(3) The filing or execution or occurrence of
an insolvency proceeding by or against Tenant
or any guarantor of Tenant; or an assignment
for the benefit of creditors or composition;
or a petition or other proceeding by or against
the Tenant for the appointment of a trustee,
receiver or liquidator of Tenant or any of
Tenant's property; or a proceeding by any
governmental authority for the dissolution or
liquidation of Tenant or any guarantor of
Tenant; or
(4) Failure by Tenant in the performance or
compliance with any of the agreements, terms,
covenants or conditions provided in this Lease
other than those referred to in (1), (2) or
( 3 ) above, for a period of ten (10 ) days after
notice from Landlord to Tenant specifying the
items in default; or
38
•
(5) Failure to peacefully surrender the Lease
Premises on expiration or termination of this
Lease; or
(6) The occurrence of any other event herein
provided to be an Event of Default.
5.08 (b) This Lease and the Term and
estate hereby made are subject to the
limitation that if and whenever any Event of
Default shall occur, Landlord may, at its
option and without further written notice to
Tenant, in addition to all other remedies given
hereunder or by law or equity, do any one or
more of the following:
(1) Terminate this Lease, in which event
Tenant shall immediately surrender possession
of the Leased Premises to Landlord;
(2) Enter upon and take possession of the
Leased Premises and expel or remove Tenant and
any other occupant therefrom with or without
having terminated the Lease;
(3) Alter locks and other security devices at
the Leased Premises.
39
0
•
5.08 (c) Exercise by Landlord of any one
or more remedies shall not constitute an
acceptance of surrender of the Leased Premises
by Tenant, whether by agreement or by operation
of law, it being understood that such surrender
can be effected only by the written agreement
of Landlord and Tenant.
5.08 (d) If Landlord terminates this
Lease by reason of an Event of Default, Tenant
shall be liable for and shall pay to Landlord,
the sum of all rent and other indebtedness
accrued to the date of such termination, plus,
as damages, an amount equal to and then present
value of the rent reserved hereunder of the
remainder of the Term to the stated expiration
date, less the then present value of the fair
rental value of the Leased Premises for such
period, the parties hereby stipulating that
such fair rental value shall in no event be
deemed to . exceed sixty percent (605) of the
then present value of the rent herein reserved
for such period. For purposes of determining
present value under this subsection (d), a
discount rate of twelve percent (125) shall be
ML
•
used.
5.08 (e) If Landlord repossesses the
Leased Premises without terminating the Lease
then Tenant shall pay to Landlord all rent and
indebtedness accrued to the date of such
repossession, plus rent and other sums
required to be paid by Tenant during the
remainder of the Term, diminished by any net
sums thereafter received by Landlord through
reletting the Leased Premises during said
period (after deducting expenses incurred by
Landlord as provided below); re -entry by
Landlord will not affect the obligations of
Tenant for the unexpired Term. Tenant shall
not be entitled to any excess of any rent
obtained by reletting over the rent herein
reserved. Actions to collect amounts due by
Tenant may be brought on one or more occasions,
without the necessity of Landlord's waiting
until expiration of the Term.
5.08 (f) In case of an Event of Default,
to the extent the same were not deducted under
Section 5.08 (d) or (e) , Tenant shall also pay
41
• to Landlord's broker's fees incurred by
Landlord in connection with reletting the
whole or any part of the Leased Premises; the
cost of removing and storing Tenant's or any
other occupant's property; the cost of
repairing, altering, remodeling or otherwise
putting the Leased Premises into condition
acceptable to a new Tenant or Tenants; and all
reasonable expenses incurred by Landlord in
enforcing Landlord's remedies, including
attorney's fees and court costs,
•
5.08 (g) Upon termination or repossession
of the Leased Premises for an Event of Default,
Landlord shall not be obligated to relet or
attempt to relet the Leases Premises or any
portion thereof, or to collect rental after
reletting, but Landlord shall have the option
to relet or attempt to relet. In the event of
reletting, Landlord may relet the whole or any
portion of the Leased Premises for any period,
to any tenant, and for any use and purposes.
5.08 (h) If Tenant should fail to make
any payment, perform any obligation, or cure
42
any default hereunder, Landlord, without
obligation to do so and without thereby waiving
such fai lure or defaul t, may make such payment,
perform such obligation, and or remedy such
other default for the account of Tenant (and
enter the Leased Premises for such purpose),
and Tenant shall pay upon demand all costs,
expenses and disbursements (including
reasonable attorneys' fees) incurred by
Landlord in taking such remedial action.
Default by 5.09 In the event of any default by
Landlord: Landlord hereunder, Tenant's exclusive remedy
shall be an action for damages (Tenant hereby
waiving the benefit of any laws granting it a
lien upon the property of the Landlord and /or
upon rent due Landlord), but prior to any such
action Tenant will give Landlord written notice
specifying such default with particularity, and
Landlord shall thereupon have sixty (60) days
(plus such. additional reasonable period as may
be required in the exercise by Landlord of due
diligence) in which to cure any such default.
Unless and until Landlord fails to so cure any
default after such notice, Tenant shall not
43
•
have any remedy or cause of actio by reason
thereof. All obligations of Landlord"
hereunder will be construed as covenants, not
conditions; and all such obligations will be
binding upon Landlord only during the period of
its possession of the Building and not
thereafter. Under no circumstances whatsoever
shall Landlord ever be liable hereunder for
consequential damages or special damages.
Non- Waiver: 5.10 Neither acceptance of rent by
Landlord nor failure by Landlord to complain of
any action, non - action or default of Tenant
shall constitute a waiver of any Landlord's
rights hereunder. Waiver by Landlord of any
default of Tenant shall not constitute a waiver
of any right for either a subsequent default of
the same obligation or any other default.
Independent 5.11 The obligation of Tenant to pay all
Obligations: rent and other sums hereunder provided to be
paid by Tenant and the obligation of Tenant to
perform Tenant's other covenants and duties
hereunder constitute independent unconditional
obligations to be performed at all times
44
provided for hereunder, save and except only
when an abatement thereof or reduction therein
is hereinabove expressly provided for and not
otherwise. Tenant waives and relinquishes all
rights which Tenant might have to claim any
nature of lien against or withhold, or deduct
from or offset against any rent and other sums
provided hereunder to be paid Landlord by
Tenant.
Time of Essence: 5.12 In all instances where Tenant is
required hereunder to pay any sum or do any act
at a particular indicated time or within an
indicated period, it is understood and
stipulated that time is of the essence.
Remedies 5.13 Landlord may restrain or enjoin any
Cumulative: breach or threatened breach of any
covenant, duty or obligation of Tenant herein
contained without the necessity of proving the
inadequacy of any legal remedy or irreparable
harm. The remedies of Landlord hereunder shall
be deemed cumulative and no remedy of Landlord,
whether exercised by Landlord or not, shall be
deemed to be in exclusion of any other.
45
•
5.14 (b) Tenant, at its sole cost and
expense, shall carry and maintain a policy or
policies of comprehensive general liability
insurance insuring the Tenant against liability
for injury to persons or property occurring in
or about the Leased Premises or arising out of
the maintenance, use or occupancy thereof. The
coverage under such insurance shall not be less
than One Hundred Thousand Dollars ($100,000)
for any one person injured or killed and not
less than Three Hundred Thousand Dollars
Insurance,
5.14 (a) Landlord may maintain fire and
Subrogation
extended coverage insurance on the portion of
Liability,
the Building constructed by Landlord, including
Indemnity, and
building standard leasehold improvements, in
Waiver:
amounts desired by landlord. Payments for
losses thereunder shall be made solely to
Landlord. Tenant shall maintain at its expense
fire and extended coverage insurance on all of
its personal property, including removable
trade fixtures, located in the Leased Premises
and on its Non - Building Standard leasehold
improvements and all additions and improvements
made by tenant.
•
5.14 (b) Tenant, at its sole cost and
expense, shall carry and maintain a policy or
policies of comprehensive general liability
insurance insuring the Tenant against liability
for injury to persons or property occurring in
or about the Leased Premises or arising out of
the maintenance, use or occupancy thereof. The
coverage under such insurance shall not be less
than One Hundred Thousand Dollars ($100,000)
for any one person injured or killed and not
less than Three Hundred Thousand Dollars
•
($300,000) for any one accident and not less
than One Hundred Thousand Dollars ($100,000)
for property damage per accident. Such
insurance shall be written or endorsed so as to
preclude the exercise of the right of
subrogation against the Landlord. The
obligations of Tenant under this Section
5.14 (b) shall in no way prejudice or limit
the covenants of Tenant under Section 5.14 (c) .
5.14 (c) Tenant hereby releases and
indemnifies and agrees to defend, protect and
hold harmless Landlord and Landlord's agents,
directors, officers, employees, invitee and
contractors from any and all losses, damages,
claims, suits, actions, judgments and costs
(including but not limited to reasonable
attorneys' fees) arising from or in connection
with any injury whatsoever, including death and
property damage, suffered by Tenant or any of
Tenant's directors, officers, employees,
agents, invitee, or contractors arising out of
or in connection with this Lease Agreement and
the use or occupation of the Leased Premises or
the Building and the lot on which the Building
47
is located and other improvements, sidewalks
® and street appurtenant to or adjacent to the
Building and said lot, regardless of how such
injury is caused, and whether such injury is
caused, occasioned or contributed to, actually
or allegedly by the negligence, sole or
current, of Landlord or its agents, directors,
officers, employees, invitee, or contractors.
The preceding indemnification shall not apply
to injury caused by the gross negligence or
willful misconduct of Landlord or its agents,
directors, officers, employees, invitee or
contractors.
5.14 (d) Tenant agrees that Landlord shall
not be responsible or liable to Tenant for any
inconvenience or loss to Tenant arising from or
in connection with the repair, maintenance, or
replacement of any part of the Building or the
Leased Premises, or failure to make any such
repair, maintenance or replacement except such
loss that is caused by the gross negligence of
Landlord.-. _
0 48
•
Venue Governing 5.15 This Lease shall be governed by the
Law: laws of the State of Texas. All monetary and
other obligations of Landlord and Tenant are
performable exclusively in Houston, 'Harris
County, Texas.
Notice: 5.16 Any notice which may be or shall be
given under the terms of this Lease shall be in
writing and shall be either delivered by hand
or sent by United States Registered or
Certified Mail, postage prepaid, if foLandlord
to the address provided herein; or if for
Tenant,to the Leased Premises. Such addresses
may be changed from time to time by either
party by giving notice as provided a b o v e
Notice shall be deemed given when delivered
(if delivered by hand) or three (3) days after
postmarked (if sent by mail).
Entire Agreement 5.17 This Lease and any written addenda
and Binding and all exhibits hereto (which are expressly
Effect: incorporated herein by this reference) shall
constitute the entire agreement between
Landlord and Tenant; no prior written or prior
or contemporaneous oral promises or
49
representatives - sha-1.1- be binding. This Lease
shall not be amended, changed or extended
except by written instrument signed by both
parties hereto. The provisions of this-`Lease
shall be binding upon and inure to the benefit
of the heirs, executors, administrators,
successors and assigns of the parties; but this
provision shall in no way alter the
restrictions on assignment and subletting
applicable to Tenant hereunder. It is also
agreed and accepted by both Lessor and Lessee
that this Lease commences on the date set out
in Section 1.02, even if this Lease is executed
in a month and on a date other than what is set
out in Section 1.02.
Right of Re- Entry: 5.18 Upon the expiration or termination of
the term for whatever cause, Landlord shall
have the right to immediately re -enter and
reassume possession of the leased premises and
remove Tenant's property therefrom, and Tenant
expressly acknowledges such right.
Number and Gender;
5.19 Pronouns,
where
used herein, of
Captions;
whatever gender,
shall
include natural persons,
• 50
References: corporations, and associations of every kind of
® character, and the singular shall include the
plural and vice versa where and as often as may
be appropriate. Article and--section headings -
under this Lease are for convenience of
reference and shall not affect the construction
or interpretation of this Lease. Whenever the
terms "hereof ", "hereby ", "herein ", or words of
similar import are used in this Lease, they
shall be construed as referring to this Lease
in its entirety rather than to a particular
section or provision, unless the context
specifically indicates to the contrary. Any
reference in a particular "Article" or
"Section" shall be construed as referring to
the indicated article or section of this Lease.
Security Deposit: 5.20 Concurrently with the execution
hereof, Tenant has paid to Landlord the amount
of ZERO Dollars ($0.00) to be held as a deposit
to secure performance of Tenant's obligations
hereunder. Upon the occurrence of any Event of
Default, or upon the failure by Tenant to
timely pay any sum it is obligated to pay
hereunder, Landlord may from time to time,
•
51
without prejudice to any other remedy, and
® without prior notice to Tenant, apply all or
part of the amount deposited to the curing of
.such Event of Default or the payment of such
SUM. Should Landlord so apply such deposit,
Tenant'shall immediately upon receipt of notice
thereof deposit with Landlord a sufficient
amount to bring Tenant's total deposit to the
level stated in the first sentence of this
section 5.20. Upon termination or expiration
of this Lease the security deposit shall be
returned to Tenant, to the extent the same is
not then applied to the curing of any Event of
Default or to the payment of any sum owed by
Tenant hereunder. Landlord may keep such
security deposit in its bank account and co-
mingle same with its other funds, and shall not
be responsible for paying any interest thereon.
The amount so deposited shall not be considered
as an advance payment of rental hereunder, or
as a measure of Landlord's damages in the event
of any failure to perform on the part of
Tenant.
0 52
Delinquent: 5.21 :ny payments required of Tenant
hereunder, whether as rental or otherwise,
shall bear interest from the time due until
paid at the maximum rate-of interest permitted
by law.
53
•
SIGNATURE PAGE
Tenant further agrees and warrants that Tenant has read and
understands this Lease and accepts same.
Executed in multiple counterparts, each of which shall have
the force and effect of an original. This Lease is entered into on
the date reflected on Page 1 of this Lease
LANDLORD
LOOP 610 WEST, LTD.
By:
Henry J. N. Taub II
Its: Vice President
Six Ten Corporation
General Partner
Address: Texan Building
Fourth Floor
333 West Loop North
Houston, Texas 77024
TENANT
* ** Harris County Organized
Crime and Narcotics
Task Force
By:
Captain Johnny Erikson
Its: Project Director
Address: Texan Building
Suite 100
333 West Loop North
Houston, Texas 77024
* ** AUTHORIZED BY THE CITY OF BAYTOWN
54
0
•
EXHIBIT "A"
IFY-kX BUILDING
EXHIBIT "A"
LOOP 610 WEST LTD.
333 WEST LOOP NORTH
HOUSTON, TEXAS
tubby
NORTH
FLOOR
L�
n
m
0---
`l-
�:J
•
U
LXI[Lorr "B "-
7
Q
o
j b
U-
•
EXHIBIT "C"
LOOP 610 WEST LTD.
333 WEST LOOP NORTH
HOUSTON, TEXAS
4th
NORTH
FLOOR
EXHIBIT "D"
® TENANT FIT -UP ALLOWANCE
TO Lease dated August 1, 1996 between LOOP 610 WEST, LTD.,
( "Landlord ") and * ** Harris County Organized Crime and Narcotics
Task Force. ( "Tenant ").
No Tenant Fit -up Allowance:
* None required.
LANDLORD
LOOP 610 WEST, LTD.
By:
Henry J. N. Taub II
Its: Vice President
Six Ten Corporation
General Partner
Date:
* ** AUTHORIZED BY THE CITY OF BAYTOWN
0 55
TENANT
* ** Harris County Organized
Crime and Narcotics
Task Force
By:
Captain Johnny Erikson
Its: Project Director
Date.
EXHIBIT "E
PARKING
TO Lease- dated August 1,- 1996 between LOOP 610• WEST, LTD.,
( "Landlord ") and * ** HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS
TASK FORCE ( "Tenant ").
Garage Parking: Landlord shall make available to Tenant,
and Tenant agrees to pay for and take, during
the term, permits to park. On an assigned
basis, SEVENTY -SEVEN (73) spaces in the parking
garage and /or located adjacent to the building
upon the Terms and Conditions set forth in this
Exhibit. Tenant shall pay as rental for such
parking permit(s) and parking space(s) the
rates charged from time to time by the operator
of the garage. The initial parking rate shall
be $60.00 Dollars ($60.00) per permit and
parking space per month. Said rental shall be
due and payable on the first day of each
calendar month during the Term in the same
manner as provided for in this Lease
with regard to other rental, and failure to
timely pay same shall constitute an Event of
Default.
* ** AUTHORIZED BY THE CITY OF BAYTOWN EXHIBIT "E -1"
0 56
Automobile
All vellic:cs will be parked within striped
Parking:
lanes as designated by Landlord from time to
time. Parking across the stripes, or in
handicapped spaces, -or in unmarked areas,
blocking of walkways, loading areas, entrances
or driveways, will not be permitted. Tenants
and their employees shall observe rules,
regulations and restrictions as may be imposed
by Landlord from time to time on such parking
areas. Without limitations of other remedies
available at law or set forth herein, Landlord
may, at owner's cost and without liability to
the Landlord, tow away or cause to be towed
away all vehicles owned by Tenant or Tenant's
employees parked in any reserved parking areas
in violation of this provision or parked in any
other area in violation of this agreement or
any other agreement, Rule or Regulation
relating to the parking. Landlord reserves the
right to utilize the parking areas during other
than normal building operating hours. Landlord
shall not be liable for violations or any
parking agreement, rule, regulation, or law by
any other party.
EXHIBIT "E -2"
•
57
n
•
EXHIBIT "F"
BUILDING RULES ILND REGULATIONS
TO Lease dated- August 1, 1996 BETWEEN LOOP-610 WEST, LTD.,
( "Landlord ") and * ** HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS
TASK FORCE, ( "Tenant ").
Walk and The sidewalks, entries, passages,
Passageways courts, corridors, stairways and elevators
Obstruction: shall not be obstructed by Tenant, Tenant's
employees or agents or used by them for other
purposes than for ingress and egress to and
from their respective suites.
Moving of Safes All safes or other heavy articles shall be
and other heavy carried up or into the Building only at such
objects into the times and in such manner as shall be prescribed
Building: by Landlord and the Landlord shall in all cases
have the right to specify the proper weight and
position or any such safe or other heavy
article. Any damage done to the Building by
taking in or removing any safe or other heavy
articles or from overloading any floor in any
way shall be paid by Tenant. Maximum live
EXHIBIT "F -1"
58
floor loads shall not exceed fifty (50) pounds
® per square foot. Defacing or injuring in any
way any part of the Building by Tenant, his
agent or servants, shall be paid by Tenant.
Movement of furniture or office equipment in or
out of the Building, or dispatch or receipt by
Tenant of any equipment, bulky material or
merchandise which requires use of elevators or
stairways, or movement through the lobby
entrance shall be restricted to such hours as
Landlord shall designate. All such movement
shall be in a manner to be agreed upon between
Tenant (upon Tenant's initiation) and Landlord
in advance. The time, method, and routing of
movement and limitations for safety or other
concern which may prohibit any article,
equipment or other item from being brought into
the Building shall be subject to Landlord's
discretion and control. Any hand trucks,
carryalls, or similar appliances used for the
delivery or receipt of merchandise or equipment
shall be equipped with rubber tires, side
guards and such other safeguards as the
Building shall require. Although Landlord or
EXHIBIT "F -2"
• 59
its personnel may participate in or assist in
® the supervision of such movement. Tenant
assumes final responsibility for all risks as
to damage to articles -moved and injury to
persons or property engaged in such movement,
including equipment, property and personnel of
Landlord if damaged or injured as a result of
acts in connection with carrying out this
service for Tenant, from time of entering the
property to completion of work. Landlord shall
not be liable for the acts of any person
engaged in, or any damage or loss to any of
said property or persons resulting from any act
in connection with such service performed for
Tenant.
Signs and No sign, advertisement or notice shall be
Directories: inscribed, painted or affixed on any part of
the inside or outside of the Building unless
approved by Landlord. Tenant shall not mark,
paint, drill into or in any way deface walls,
ceilings, partitions or floors of the Building
and shall not put therein any spikes, hooks
screws or nails. A building directory in a
EXHIBIT "F -3"
0 60
conspicuous place, with the names of the
tenants will be provided by Landlord; any
® necessary revision in such directory will be
made by Landlord within a reasonable time after
written notice from Tenant of the change making
the revision necessary, but Landlord shall not
be responsible for any inconvenience or damage
caused to Tenant as a result of any error in
such directory. Landlord will provide and
install, at Landlord's cost one (1) strip on
the building directory. Any numerals or
letters on doors within the Leased premises and
(to the extent available) strips on the
building directory will be provided and
installed at Tenant's cost. All such letters
and numerals shall be in the Building's
standard graphics, and no other shall be used
or permitted on the Leased premises.
Compliance With Tenants shall not do anything, or permit
Laws: anything to be done, in or about the Building
or bring or keep anything therein, that will in
any way increase the possibility of fire or
other casualty or obstruct or interfere with
EXHIBIT "F -4"
• 61
the rights of, or otherwise injure -or annoy,
other tenants, or do anything in conflict with
valid pertinent laws, rules or regulations of
any governmental authority.
License 5 Permits: If any governmental license or permit
shall be required for the proper and lawful
conduct of a tenant's business, such tenant,
before occupying the premises, shall procure
and maintain such license or permit and submit
it for Landlord's inspection and shall at all
times comply with the terms of any such license
or permit.
Canvassing and Canvassing, soliciting and peddling in the
Soliciting: Building is prohibited and Tenant shall
cooperate with Building Management to prevent
the same.
Deliveries: All deliveries must be made during normal
business hours. Prior approval must be
obtained from Landlord for any deliveries that
must be received after normal business hours.
EXHIBIT "F -5"
62
Vending Machines: Tenant shall not maintain or operate, nor
permit any other party to maintain or operate
any vending machines for the sale of food,
beverages, or other sundry items on-the,
premises without the prior written consent of
Landlord.
Noise: Tenant shall not disturb the occupants of
the building by the use of any musical or sound
producing instrument, making unseemly noises,
or by interference in any way.
Business machines and mechanical equipment
belonging to any Tenant which cause noise
and /or vibration that may be transmitted to the
structure of the building or to any leased
space so as to be objectionable to Landlord or
any other Tenants in the building shall be
placed and maintained by such Tenants, at such
Tenant's expense, in settings of cork, rubber,
or spring type noise and /or vibration
eliminators sufficient to eliminate vibration
and /or noise.
Name Change: Landlord shall have the right, exercisable
EXHIBIT "F -6"
0 63
without notice Ord without liability to any
® tenant, to change the name street and address
of the building.
Security: Building: The Landlord specifically
reserves the right to refuse admittance to the
Building after 7:00 p.m. daily, Saturday,
Sunday or on legal holidays to any person or
persons who cannot furnish satisfactory
identification or to any person or persons who
for any other reason should be denied access to
the premises. Landlord will use its best
efforts to control access to the premises.
Landlord shall not be liable to Tenant for
losses due to theft or burglary, or for damages
done by unauthorized persons on the Premises.
Locks: Landlord will furnish Tenant,
free of charge two (2) keys for each corridor
door entering the Leased Premises, additional
keys to be furnished at a reasonable charge by
Landlord on an order signed by Tenant or
Tenant's authorized representatives. All such
keys shall remain the property of Landlord. No
EXHIBIT "F--7"
• 64
additional locks shall- be allowed on any door
of the Leased Premises without Landlord's
permission, and Tenant shall not make or permit
—to be made any duplicate keys, except those
furnished by Landlord. Upon termination of
this Lease, Tenant shall surrender to Landlord
all keys to the Leased Premises and give to
Landlord the explanation of the combination of
all locks for safes, safe cabinets and vault
doors, if any, in the Leased Premises.
Locking of Doors: All doors leading from
public corridors to the Leased premises are to
be kept closed when not in use, and locked
during the night, or when the space is'
unoccupied.
Unattended Tenant, its agents, servants and employees
Premises: shall, before leaving the Leased Premises
unattended shut off all lights.
Entry Doors: Stairwells, corridors and entry doors must
remain closed at all times to comply with fire
and safety ordinances. These doors must not be
EXHIBIT "F -8"
0 65
•
r:
blocked open or the locking devices altered or
tampered with in any way which would violate
these ordinances or interfere with the security
of the Building. Before and after normal
business hours, on weekends and on holidays all
doors granting access to the Building must be
locked.
Tenant and Guest Tenants, employees or agents, or anyone
Registration: else who desires to enter the Building
after normal business hours, may be required to
sign in upon entry and sign out upon leaving,
giving the location during such person's stay
and such person's time of arrival and
departure.
Custodial Housekeeping: Tenant space that is
Services: visible from public areas must be kept neat and
clean. All elevator lobbies are to be kept
neat and clean. The disposal of trash or
storage of materials in these areas is
prohibited. Each tenant shall cooperate with
Building employees in keeping the premises
neat and clean and operating efficiently.
EXHIBIT "F -9"
66
Debris: Nothing shall be thrown out of
® the doors of the Building or down the stairways
or other passages by Tenant.
Janitorial: Tenant shall not employ any
person or persons other than the janitor of the
Landlord for the purpose of cleaning or taking
charge of the Leased Premises, without the
written consent of the Landlord, it being
understood and agreed that the Landlord shall
be in no way responsible to any Tenant for any
loss of property from the Leased premises,
however occurring or for any damage done to the
furniture by the janitor or any of his
employees, or by any other person or persons
whomsoever. Any person or persons employed by
the Tenant, with the written consent of the
Landlord, must be subject to and under the
control and direction of the janitor of the
Building. The janitor of the Building may at
times keep a pass key, and he and other agents
of the Landlord shall at all times be allowed
admittance to said Leased Premises. Landlord's
janitors shall not be hindered by Tenant while
EXHIBIT $F -10"
0 67
performing their duties.
® Trash Disposal: Trash disposal services are
provided by
the Landlord's contractor. Trash receptacles
are located in the parking garage for the
convenience of the tenants. Littering, dumping
of refuse and cleaning of automobiles and
automobile ash trays on the grounds or in the
parking garage is strictly prohibited.
In the event Tenant must dispose of
crates, boxes, etc., which will not fit into
office waste paper baskets, it will be the
responsibility of Tenant to dispose of same.
In no event will Tenant set such items in the
public hallways or other areas of the Building
or garage for disposal.
Carpet Damage: Tenant will be responsible for any damage
to carpeting and flooring as a result of rust
or corrosion of file cabinets, planters, roller
chairs and metal objects, spilled beverages and
stains.
Communications: Should a Tenant require background music,
EXHIBIT "F -11"
• 68
telegraphic, telephonic, annunciator or any
other communication service, Landlord will
direct the electricians and installers where
and how the wires are to be-introduced and
placed and none shall be introduced or placed
except as Landlord shall direct.
Light and Air The doors, skylights and windows that
Passageways: reflect or admit light and air into the
corridors and passageways, or to any place in
said Building shall not be covered or
obstructed by Tenant.
Elevator Service: The Landlord shall not be liable for any
damages from stoppage of elevators for
necessary or desirable repairs or improvements,
or delays of any sort or duration in connection
with the elevator service. The elevators may
be used to handle hand sized packages. No
furniture or freight shall be handled except by
previous arrangement. Advance notice of
arriving or departing shipments will enable the
Building Management to give better assistance.
EXHIBIT "F -12"
• '69
Plumbing Fixtures: Plumbing fixtures and appliances shall be
used only for the purposes for which
constructed, and no sweepings, rubbish, rags or
other unsuitable material shall be thrown
or placed therein. The cost of repairing any
stoppage or damage resulting to any such
fixtures or appliances from misuse on the part
of a Tenant or such Tenant's officers, agents,
servants and employees shall be paid by such
Tenant.
Energy Energy costs represent a significant
conservation: percentage of the Buildings' expenses. All
tenants are to curtail unnecessary use of
electricity to help reduce these costs.
Thermostat Tenant shall not tamper with or attempt to
Setting: adjust temperature control thermostats in
Leased Premises. Landlord shall adjust
thermostats as required to maintain the
Building standard temperature. Landlord
requires that all window blinds remain down.
Extra Utility In the event Tenant desires utility or air
EXHIBIT "F--13"
• 70
usage: conditioning service at other than normal
operating hours the request must be made at the
Building Manager's Office. This service will
be made available at the then prevailing rate
established on an hourly basis plus a fee to
adjust the controls each time the controls must
be reset. All requests for overtime air
conditioning or heating must be submitted in
writing to the Building Manager's Office by
2:00 p.m. two business days prior for weekday
requests and by 2:00 p.m. Thursday for weekend
requests.
Animals: No birds, animals or reptiles, or any
other creatures, shall be brought into or kept
in or about the building, except for seeing -
eye -dogs.
Plants: Plants are provided by the Landlord in the
Lobby and Corridors of the Building. These
plants are not to be watered, trimmed or
tampered with by any unauthorized personnel.
Bicycles: Tenant shall not bring any bicycle,
EXHIBIT "F -14"
• 71
motorbike,-motor scooter, or similar vehicle
r
. into the Building.
Display Cases: No showcase or any other fixture or
objects whatsoever shall be placed in front of
the Building or in the lobby, corridor, or
other public areas within the Building or the
grounds contiguous therewith by Tenant, without
written consent of the Landlord.
Hazardous and Tenants shall not use or keep in the
Flammable building any hazardous, toxic, explosive or
Materials: flammable fluid or substance, or any
illuminating material, unless it is battery
powered, UL approved.
Lost and Found: The Landlord, through the Building Manager
will receive objects of value found in the
Building or on its premises, and will notify
the Tenants by bulletins of such objects, which
may be claimed, upon proper identification.
Lost objects may be reported to the Building
Manager.
EXHIBIT "F -15"
0 72
Notices: Tenant shall give -notice to t-he building
• Manager's office within twenty -four (24) hours
in case of accidents in the Leased Premises or
in the Building or of defects therein or in any
fixtures or equipment, or of any known
emergency in the Building.
Evacuation: Landlord has the right to evacuate the
building of Tenants or Tenants property in
event of emergency or catastrophe.
Landlord reserves the right to rescind any of these Rules and
Regulations and make such other and further Rules and Regulations
as in the judgement of Landlord shall from time to time be needed
for the safety, protection, care and cleanliness of the Building,
the operation thereof, the preservation of good order therein, and
the protection and comfort of its Tenants, their agents, employees
and invitee, which rules when made and notice thereof given to a
tenant shall be binding upon him in like manner as if originally
herein prescribed. In the event of any conflict, inconsistency, or
other difference between the terms and provisions of these Rules
and Regulations, as now or hereafter in effect and the terms and
provisions of any lease now or hereafter in effect between Landlord
and any tenant in the Building, Landlord shall have the right to
EXHIBIT "F -16"
0 73
rely on the term or provision in either such lease or such Rules
and Regulations which is most restrictive on such Tenant and most
favorable to Landlord.
EXHIBIT "F -17"
0 74
EXHIBIT "G"
PAYMENT SCHEDULE
TO Lease dated August 1, 1996 BETWEEN LOOP 610 WEST, LTD.,
( "Landlord ") and . * ** HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS
TASK FORCE ( "Tenant ").
1. Payment of Base Rental, in the amount of $96,019.80 for
Square Footage, as shown under OFFICE LEASE BASIC LEASE
INFORMATION and Exhibits "A ", "B ", and "C" for the Six
(6) Month Term of August 1, 1996 through January 31, 1997,
is due and payable in Landlord's office on August 1, 1996.
2. Payment of Rental for Seventy -Three (73) Parking Spaces,
in the amount of $26,280.00, for the Six (6) Month Term
of August 1, 1996 through January 31, 1997, is due and
payable in Landlord's office on August 1, 1996.
* ** AUTHORIZED BY THE CITY OF BAYTOWN EXHIBIT "G"
75