Ordinance No. 11,941ORDINANCE NO. 11,941
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A LEASE AGREEMENT WITH AMEGYBANK, N.A.,
FOR AUTOMATED TELLER MACHINES TO BE LOCATED AT MUNICIPAL
COURT AND MCLEMORE POLICE SUBSTATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, the City of Baytown did advertise for bids for a Lease Agreement for automated
teller machines to be located at Municipal Court and McLemore Police Substation to be received on April
11, 2012; and
WHEREAS, notice to bidders as to the time and place, when and where the bids would be
publicly opened and read aloud was published pursuant to provisions of Texas Local Government Code
Annotated § 252.041; and
WHEREAS, all bids were opened and publicly read at the Municipal Service Center at 2:00
o'clock p.m., Wednesday, April 11, 2012, as per published notice to bidders; 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 hereby authorizes and directs the
City Manager and City Clerk of the City of Baytown to execute and attest to a Lease Agreement
for automated teller machines to be located at Municipal Court and McLemore Police Substation with
Amegy Bank, N.A., the highest bidder. A copy of said Lease Agreement is attached hereto, marked
Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and 'r its passage by the
City Council of the City of Baytown. ��
INTRODUCED, READ and PASSED by the affirmative vote of Cij Council of the City of
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Baytown this the I & day of May, 2012. 1_
APPROVED AS TO FORM:
C-ANACIO RAMIREZ, SR., Ciry A omey
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Exhibit "A"
LEASE AGREEMENT
FOR PLACING ATM AT
MUNICIPAL COURT OF RECORD IN THE CITY OF
BAYTOWN, TEXAS
AND
RONALD D. MCLEMORE POLICE SUBSTATION
This Agreement, made and entered into by and between the City of Baytown, a home -rule
municipal corporation located at 2401 Market Street, Baytown, Texas 77520, hereinafter referred to as the
"City" and Amegy Bank, N.A. a Texas state financial institution, located at 4400 Post Oak Parkway,
Houston, TX 77027, hereinafter referred to as the "Lessee."
WITNESSETH
WHEREAS, the City is the owner of the following property
Municipal Court of Record in the City of Baytown, Texas
3200 N. Main
Baytown, TX 77520
and
Ronald D. McLemore Police Substation
3530 Market Street
Baytown, TX 77520
(hereinafter collectively referred to as "Premises "); and
WHEREAS, Lessee owns remotely controlled devices that automatically perform certain services
normally performed by bank tellers better known as automatic teller machines (hereinafter referred to as
"ATMs ") and wishes to install one on the Premises; and
WHEREAS, ATMs have been located on the Premises in the past as a convenience to the public
using the Premises and the area needed for the installation of the ATMs is not needed for any other
municipal purpose during the lease term set forth herein; and
WHEREAS, the City is willing to lease this portion of the Premises subject to the terms and
conditions stated herein;
NOW THEREFORE, the parties hereby agree and bind themselves as follows:
Premises.
For the sole purpose of installing and operating a "stand- alone" ATM at a location designated by
the City Manager on the Premises to allow convenient access to customers, City does hereby
lease to Lessee a portion of the Premises, the exact location of which shall be determined by the
City. This Agreement provides Lessee a nonexclusive right to maintain and operate an ATM on
the Premises. By this Agreement, the City does not grant any interest in Premises to Lessee
ATM Lease Agreement, Page 1
besides a mere license for the express purpose of installing and operating a "stand- alone" ATM
thereon.
2. DISCLAIMER OF WARRANTIES.
THE CITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE, KIND
OR CHARACTER WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE
PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PREMISES, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF HABITABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND LESSEE
ACCEPTS SUCH PREMISES IN AN "AS IS" CONDITION, WITH ALL FAULTS.
LESSEE, BY ITS ACCEPTANCE OF THIS AGREEMENT EXPRESSLY WAIVES ANY
RIGHT OR CLAIM AGAINST THE CITY FOR DAMAGES, RESCISSION OR OTHER
REMEDY AT LAW OR IN EQUITY WITH RESPECT TO OR RESULTING FROM THE
PHYSICAL CONDITION OF THE PREMISES AND THE IMPROVEMENTS
THEREON. THE WAIVER AND EXCULPATION PROVIDED ABOVE SHALL BE
BINDING ON ALL SUCCESSORS AND ASSIGNS OF LESSEE.
3. Term.
The term of the Lease shall be for five (5) years, commencing on the date this Agreement is
signed by the City Manager. This Agreement shall automatically be renewed for an additional
five -year period upon expiration unless terminated by either party by giving the other party
written notice of intent not to renew at least ninety (40) days prior to the expiration date of the
original term or any renewal thereof.
Any holding over by Lessee after termination or expiration of this Agreement shall not constitute
a renewal or extension or give Lessee any rights in or to the Premises. Should Lessee hold over,
Lessee shall pay, as liquidated damages, the then current fair market rental value of the affected
portion of the Premises and the improvements thereon, as determined by the City, calculated on a
per diem basis, multiplied by two (2) for the period during which Lessee possesses the affected
portion of the Premises beyond the termination hereof. Such amount is reasonable in the light of
the anticipated or actual harm to the City caused by Lessee's holding over, the difficulties of
proof of loss, and the inconvenience of otherwise obtaining an adequate remedy.
4. Rent.
Lessee shall pay City annual rent of TWENTY -FOUR THOUSAND AND NO /100 DOLLARS
($24,000.00) payable in monthly installments of TWO THOUSAND AND NO /100 DOLLARS
($2,000.00). Said rent is due in full and in advance on or before the first day of each month and
shall be made by check payable to the City of Baytown and sent to Accounts Receivable at City
Hall, 2401 Market Street, Baytown, Texas 77520.
Lessee's right to possession and all of the City's obligations hereunder are expressly contingent
upon the prompt payment of rent, and the use of the Premises by Lessee is obtained only on the
condition that rent is paid on time. Payment of rent shall be independent covenants and all
monies received by the City shall be applied first to non -rent obligations of Lessee under this
Agreement, if any, and then to rent regardless of any notation on the check. Failure to pay any
rent as and when required will not only be considered a breach of this Agreement but also result
in interest at the rate of twelve percent (12 %) per annum being charged on the delinquent rental
payments commencing on the date the payment first becomes overdue and continuing until the
delinquent payment is paid in full.
ATM Lease Agreement. Page 2
5. Si_gnage.
Lessee, at its option and expense, shall have the right to place on the ATM, all appropriate and
required information and promotional signage mandated by federal and state law and regulation
in compliance with all applicable laws and regulations of the City. With the prior written consent
of the City Manager, Lessee may install, at its expense, other signage on the Premises identifying
the ATM. The size, content and placement of all such signage shall be subject to the approval of
City Manager.
6. Covenants of Lessee.
Lessee does hereby covenant and agree with said City that it will:
(a) Obtain any ATM and related equipment needed for installation on the Premises;
(b) Within ten (30) days of issuance of a notice to proceed from the City, erect and install
the ATM and related improvements on the Premises. All improvements, trade fixtures
and equipment kept or installed upon the Premises are now, and hereafter shall continue
to be and remain the personal property of Lessee, and same are not and shall not become
attached to or be or become part of the realty;
(c) Pay said rent at the times, place, and in accordance with Section 7;
(d) Pay all taxes, if any, arising out of or in connection with the installation, operation or use
of the ATM on the Premises;
(e) On a daily basis, maintain the ATM in a safe, neat and orderly condition and perform
regular custodial service, including cleaning the exterior of the ATM;
(f) Be responsible for security to and protection of the ATM, including the contents thereof;
(g) Be responsible for and pay all charges for upkeep of the ATM and related equipment and
supplies and make, at its own expense, any and all repairs and supply and pay for any
condition and all materials needed to maintain the ATM and related equipment in proper
condition and good working order;
(h) Ensure the ATM to be in good working order and maintain enough cash to allow
continued customer usage. In the event that the ATM becomes inoperable, Lessee must
restore the ATM to good working condition within 48 hours of being notified such
condition exists. In the case that the necessary repairs or replacement of ATM equipment
is expected to take longer than 48 hours, Lessee must notify the City of status and
expected date equipment will be in good working order, within 48 hours from being
notified of the problem. In this event Lessee shall ensure that the ATM be in good
working order no more than 14 days after being notified that ATM has become
inoperable for any reason;
(i) Not commit any waste therein;
(j) Not use or occupy the Premises for any unlawful purpose or any purpose other than
specified hereinabove;
(k) Make no alterations or additions, subsequent to the installation, on or to said Premises
without the prior written consent of the City Manager;
(1) Unless provided for otherwise herein, leave the Premises at the expiration or prior
termination of this Agreement, or any renewal or extension thereof, in as good or better
condition as received except for normal wear and tear;
Covenants of QM.
City does hereby covenant and agree with Lessee that it will:
(a) Permit Lessee, its agents, servants and employees access to said ATM and/or related City
property during hours of operation, for the purposes of installation, maintenance, and
servicing of the ATMs, or at such designated pre- opening or post - closing hours as
mutually agreed;
ATM Lease Agreement. Page 3
(b) Provide Lessee a non - exclusive right to use parking spaces at the Premises for parking
vehicles from time to time for the purposes of servicing the ATM;
(c) Provide normal cleaning around the ATM;
(d) Maintain the area around each ATM in orderly fashion so that customers have convenient
and safe access to the ATM; and
(e) Permit such inspections of the Premises as are necessary, including, but not limited to,
fire and electrical hazards by authorized personnel.
8. Mutual Covenants.
It is mutually agreed by and between the City and Lessee that:
(a) Lessee will furnish, at its sole expense, separate electrical power to said ATM and all
costs of electricity used to operate the ATM shall be paid by Lessee;
(b) Lessee will furnish at its sole expense, separate phone /internet connections as necessary
to operate the ATM and all costs associated therewith shall be paid by Lessee;
(c) All fixtures and/or equipment of whatsoever nature shall have been installed by Lessee
on the Premises of the City, whether permanently affixed thereto or otherwise, shall
continue to be the property of Lessee and shall be removed by Lessee upon expiration of
this Agreement or within thirty (30) days after any prior termination thereof,
(d) If the property of Lessee is not removed and/or any damage and /or injury to the Premises
caused by the removal of said property is not repaired within thirty (30) days after the
expiration or prior termination of this Agreement, the City may, at its option, perform or
cause to be performed the necessary removal and/or repairs, and shall be reimbursed by
Lessee for the costs thereof;
(e) If Lessee shall pay the rent as herein provided, and shall keep, observe, and perform all
other covenants of this Agreement by it to be kept, performed, and observed, Lessee shall
and may, peaceably and quietly, have, hold and enjoy the Premises for the term aforesaid;
(f) Neither party shall be liable for any loss or damage to property, including, but not limited
to, monies, machines, automobiles or contents thereof belonging to Lessee, its agents,
employees or customers. It is further understood and agreed that the City assumes no
responsibility for the aforementioned property of Lessee whether or not such loss or
damage is occasioned by theft or vandalism by whomsoever, or fire labor disputes;
(g) If the ATM Premises shall be partially damaged or partially destroyed by fire or other
casualty, the rent payable under this Agreement shall, to the extent that the ATM
Premises shall have been rendered unfit for use for Lessee's business purposes, be abated
for the period from the date of such damage or destruction to the date that such damage
or destruction shall be repaired or damaged.
9. No Liens.
Lessee agrees that no claim or lien may be filed against the City's property for work, labor,
materials or supplies provided or supplied to Lessee, concerning the installation, construction,
operation, maintenance or use of the Premises or the improvements thereon. Should such claim
or lien be filed, Lessee, upon the written request of the City, shall cause such claim or lien
covering the City's property to be discharged or bonded within thirty (30) days following such
request to the satisfaction of the City Manager.
10. Termination.
The City will have the right to terminate this Agreement for any reason and without any penalty
or liability at any time after the expiration of the initial term of this Agreement by giving Lessee
written notice at least thirty (30) days prior to such termination. Additionally, the City shall have
the right to terminate this Agreement should Lessee fail to pay any installment of rent or make
any other payment of money due to the City under this Agreement within seven (7) days after
ATM lease Agreement. Page 4
12.
written notice of the failure or defaults in the performance of any other obligation imposed upon
Lessee by this Agreement and does not cure the default within thirty (30) days after written notice
of the default. Similarly Lessee shall have the right to terminate this Agreement should the City
default in the performance of any obligation imposed upon the City by this Agreement and does
not cure the default within 30 days after written notice of the default.
Effects of Termination.
In the event of termination Lessee shall bear costs of removal and transportation of the ATM and
restoration of any City facilities.
INDEMNIFICATION
LESSEE AGREES TO AND SHALL INDEMNIFY, DEFEND AND HOLD
HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES,
CAUSES OF ACTION, SUITS AND LIABILITIES OF EVERY KIND,
INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND
REASONABLE ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF
ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH THE LICENSE GRANTED AND THE
WORK CONTEMPLATED HEREIN, TO THE EXTENT ANY SUCH
INJURY, DEATH OR DAMAGE IS CAUSED (n IN WHOLE OR IN PART
BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LESSEE OR
ANY OF ITS EMPLOYEES, AGENTS, INVITEES, REPRESENTATIVES,
SUCCESSORS AND /OR ASSIGNS OR (II) IN PART BY THE
NEGLIGENCE OF THE CITY OR ANY OF ITS EMPLOYEES, AGENTS,
INVITEES, REPRESENTATIVES, SUCCESSORS AND /OR ASSIGNS.
WITHOUT LIMITATION OF THE FOREGOING, THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO
APPLICATION TO THE EXTENT THAT ANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT OR LIABILITY WHERE THE
INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE CITY. IT IS THE EXPRESSED INTENTION OF
THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR
HEREIN IS AN INDEMNITY BY LESSEE TO INDEMNIFY, DEFEND
AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES FROM ANY INJURIES, DEATH OR DAMAGES
RESULTING, IN WHOLE OR IN PART, FROM THE CONCURRENT
NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS OR
EMPLOYEES AND /OR THE SOLE OR JOINT NEGLIGENCE OR
WILLFUL MISCONDUCT OF LESSEE OR ANY OF ITS EMPLOYEES,
AGENTS, INVITEES, REPRESENTATIVES, SUCCESSORS AND /OR
ASSIGNS. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS
BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE
PROVISIONS CONTAINED IN THIS PARAGRAPH, LESSEE FURTHER
ATM Lease Agreement. Page 5
AGREES AND COVENANTS TO DEFEND THE ACTION OR
PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO LESSEE,
SUCH ACCEPTANCE NOT TO BE UNREASONABLY WITHHELD.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE
EXPIRATION OF THIS AGREEMENT.
13. No Consent to Litigation.
By this Agreement, the City does not consent to litigation or suit, and Lessee hereby expressly
revokes any consent to litigation that it may have granted by the terms of this Agreement or any
other contract or agreement, any charter, or applicable state law. Nothing contained in this
Agreement shall be deemed to limit or waive the sovereign immunity of the City.
14. Release.
Lessee assumes full responsibility for any work and /or services that it or its officers, contractors,
agents or volunteers perform on the Premises as well as for the use of the Premises and hereby
releases, relinquishes and discharges the City, its officers, agents, and employees from all claims,
demands, and causes of action of every kind and character, including the cost of defense thereof,
for any injury to or death of any person (whether they be either of the parties hereto, their
employees, or other third parties) and any loss of or damage to property (whether the property be
that of either of the parties hereto, their employees, or other third parties) that is caused by or
alleged to be caused by, arising out of, or in connection with this Agreement. This release shall
apply regardless of whether said claims, demands, and causes of action are covered in whole or in
part by insurance.
15. No Right of Arbitration.
Notwithstanding anything to the contrary or apparent contrary contained in this Agreement,
Lessee and the City agree that no claims or disputes between Lessee and the City arising out of or
relating to this Agreement to any of the work shall be decided by any arbitration proceeding
including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. §§ 1-
14) or any applicable state arbitration statute, including, but not limited to, the Texas General
Arbitration Act, Texas Revised Civil Statutes, Title 10, articles 224 through 24943, provided that
in the event that the City is subject to an arbitration proceeding notwithstanding this provision,
Lessee consents to be joined in the arbitration proceeding if Lessee's presence is required or
requested by the City for complete relief to be recorded in the arbitration proceeding.
16. Insurance.
Throughout the term of this Agreement, Lessee at its own expense shall purchase, maintain and
keep in force and effect insurance against claims for injuries to or death of persons or damages to
property which may arise out of or result from Lessees operations and/or performance under this
Agreement, whether such operations and /or performance be by Lessee, its agents, representatives,
volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable.
Lessee's insurance coverage shall be primary insurance with respect to the City, its officers,
agents and employees. Any insurance or self - insurance maintained by the City, its officials,
agents and employees shall be considered in excess of Lessee's insurance and shall not contribute
to it. Further, Lessee shall include all subcontractors as additional insureds under its commercial
general liability policies or shall furnish separate certificates and endorsements for each
ATM Lease Agreement. Page 6
subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated
herein.
The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this contract:
Workers' Compensation Policy
■ Statutory amounts required by Texas law.
• Employer's Liability: $500,000
Commercial General Liability Policy
• General aggregate of $1,000,000
■ Owners' and Contractors' Protective Liability of $500,000
■ Products and Completed Operations of $1,000,000
■ Personal and Advertising Injury of $1,000,000
■ Minimum of $500,000 per occurrence
■ Coverage shall be at least as broad as ISO CG 00 01 10 97.
■ No coverage exclusions shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
Automobile Liability Policy
• Combined single limits of $1,000,000
• Coverage for "Any Auto."
Prior to or upon the execution of this Agreement and before commencing any of the work, Lessee
shall file with the City valid certificates of insurance and endorsements acceptable to the City.
Such certificates shall contain a provision that coverage afforded under the policies will not be
canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice has
been given to the City via certified mail, return receipt requested. Prior to the end of each
coverage period during the term of this Agreement, new Certificates of Insurance must be filed
with the City evidencing continuation of coverage. Lessee shall also file with the City valid
certificates of insurance covering all Subcontractors.
The following are general requirements which are applicable to all policies:
All insurance coverage required herein, except for Workers' Compensation Insurance,
shall be written by a carrier with an A.M. Best Rating of B+ or higher in accordance with
the current Best Key Rating Guide.
➢ Insurance carriers licensed and admitted to do business in State of Texas will be
accepted.
Liability policies will be on occurrence form. Claims -made policies will not be accepted.
The City, its officials and employees are to be added as Additional Insureds to liability
policies. The coverage shall contain no special limitation on the scope of protection
afforded to the City, its officials and employees.
➢ A waiver of subrogation in favor of LESSEE with respect to Workers' Compensation
Insurance must be included.
➢ Upon request of and without cost to the City, certified copies of all insurance policies
and/or certificates of insurance shall be furnished to the City. Certificates of insurance
showing evidence of insurance coverage shall be provided to City prior to execution of
this Agreement.
ATM Lease Agreement, Page 7
17. Excuse from Performance.
In the event of any judicial or other governmental determination that ATMs may not be operated
in one or more mutually agreed locations covered by this Agreement, this Agreement shall be
terminated with respect to such ATM with no further liability to Lessee, and Lessee shall be
entitled to a pro rata refund of rent paid for that month.
18. Notices.
All notices required to be given hereunder shall be given in writing either by telecopier,
overnight, or facsimile transmission, certified or registered mail at the respective addresses of the
parties set forth herein or at such other address as may be designated in writing by either party.
Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the
following addresses:
LESSEE
Amegy Bank, N.A.
Attn: Susan Boykin
4400 Post Oak Parkway
Houston, TX 77027
Fax:(713)561 -0216
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
19. Entire Agreement.
It is understood that this Agreement contains the entire agreement between the parties and
supersedes any and all prior agreements, arrangements or understandings between the parties
relating to the subject matter. No oral understandings, statements, or promises shall be binding
on the parties hereto, unless the same are reduced to writing and validly executed by both parties.
No verbal agreement or conversation with any officer, agent, or employee of Lessee, either before
or after the execution of this Agreement, shall affect or modify any of the terms or obligations
hereunder.
20. Severability.
In the event that any provision of this Agreement is found to be invalid or unenforceable, the
validity and enforceability of the remainder of this Agreement shall not be affected thereby, and
each other term of this Agreement shall be valid and enforced to the fullest extent permitted by
law.
21. Binding Effect.
This Agreement and all obligations, rights, liberties, privileges, licenses and authorizations
granted herein, as well as all representations, warranties, and obligations shall be binding upon
and run to the benefit of Lessee, the City, and their respective successors and assigns. This
Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the
City and Lessee only.
ATM Lease Agreement. Page 8
22. Assignment.
Lessee shall not assign, sell or otherwise transfer any of its rights of obligations under this
Agreement, in whole or in part, without the written consent of the City.
23. Choice of Law and Venue.
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas, regardless of the place of execution or performance.
The place of making and the place of performance for all purposes shall be deemed to be
Baytown, Harris County, Texas.
24. Compliance with All Applicable Laws.
Lessee shall comply with all rules, regulations, and laws of the United States of America, the
State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist
or may hereafter be enacted or amended.
25. Independent Contractor.
It is expressly agreed and understood by all parties hereto that Lessee is an independent
contractor in its relationship to the City. Nothing herein contained at any time or in any manner
shall be construed to effect a contract of partnership or joint venture or render any party hereto
the employer or master of any other party and/or its employees, agents or representatives.
26. Non - Waiver.
Failure of either party hereto to insist on the strict performance of any of the agreements herein or
to exercise any rights or remedies accruing thereunder upon default or failure of performance
shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy,
strict compliance with any other obligation hereunder to exercise any right or remedy occurring
as a result of any future default or failure of performance.
27. Headings.
The paragraph headings are used in this Agreement for convenience and reference purposes only
and are not intended to define, limit or describe the scope or intent of any provision of this
Agreement and shall have no meaning or effect upon its interpretation.
28. Authority.
The individuals executing this Agreement warrant and represent that they are duly authorized to
execute this Agreement on behalf of Lessee and the City as binding act and agreement of Lessee
and the City, respectively.
29. Agreement Read.
The parties acknowledge that they have read, understand and intend to be bound by the terms and
conditions of this Agreement.
34. Ambiguities.
In the event of any ambiguity in any of the terms of this contract, it shall not be construed for or
against any party hereto on the basis that such party did or did not author the same.
31. 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.
ATM lease Agreement, Page 9
IN WITNESS WHEREOF, the undersigns have executed this Agreement as of this the " day of
02012.
LESSEE: AMEGY BANK, N.A.
By:
Signature
Printed Name
Title
CITY: CITY OF BAYTOWN, TEXAS
By:
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
ATM Lease Agreement, Page 10
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public, on this day personally
appeared in his/her capacity as of
AMEGY BANK, N.A., on behalf of such Texas state financial institution,
known to me;
proved to me on the oath of ; or
proved to me through his/her current
{description of identification card or other document issued by the federal government or
any state government that contains the photograph and signature of the acknowledging
person}
(check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he /she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2012.
Notary Public in and for the State of
Texas
My commission expires:
\ \CobfsOIUcpl \Karen \Files \Contracu\ATh1 Lease \LEASE AGREEMENT with Amegydocx
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