R99-040 04-26-99 RESOLUTION NO. R99-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING AN EXTENSION OF THE CITY'S LEASE WITH
THE PEARLAND/HOBBY AREA CHAMBER OF COMMERCE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain lease by and between the City of Pearland and the
Pearland/Hobby Area Chamber of Commerce, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Council, in accordance with the terms of the lease, desires
to extend the terms of said lease for an additional ten years.
PASSED, APPROVED and ADOPTED this
tPFpr'i / , A.D., 1999.
the o~~h
TOM REID
MAYOR
day of
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
THE STATE OF TEXAS
COUNTY OF BRAZORI'A
KNOW ALL MEN By THESE PRESENTS:
L E A S E 'A.'G R 'E 'E M E 'N T
This Lease Agreement is made and entered into this 22 day
of October , 1979, at Pearland, Brazor'ia County, Texas,
by and between the City of Pearland, Texas, a Home Rule Municipal
Corporation, hereinafter called Lessor, and the Pearland Area Chamber
of Commerce, a Texas Non-Profit Corporation, of Pearland, Brazoria
County, Texas, hereinafter called Lessee.
WITNESSETH:
DEMISE AND DESCRIPTION
In considerat~onof the mutual covenants and agreements herein
set forth, and other good and valuable consideration, Lessor does
hereby demise and lease to Lessee, and Lessee does hereby lease from
Lessor, the premises situated'on Liberty Drive in Pearland, Brazoria
County, Texas, more particularly described as follows:
A .498 acre tract of land out of the north corner of a
7.298 acre tract of land located.in the W.D.C. Hall Survey,
Abstract 70 Brazoria County, Texas. This being the same
7.298 acre tract of land conveyed to the City of Pearland
from Aaron Pasternak, Trustee on September 21, 1976 and
Recorded in Volume 1310, Page 836 of the Deed Records of
Brazoria County, Texas, and being more fully described by
metes. and bounds: as follows, to-wit:
BEGINNING at the north corner of the 7.298 acre tract of
land heretofore mentioned above, this point also being in
the Southeasterly right-of-way line of Liberty Drive.
THENCE south 47 deg. 44 min. east along the northeast prop-
erty line at said 7.298 acre tract a distance of 155.0
feet to a point for corner.
THENCE south 41 deg. 31 min. 50 sec. west a distance of
140.0 feet to a point for corner.
THENCE north 47 deg. 44 min. west a distance of 155.0 feet
to a point. Said point being in the Southeasterly row
line of Liberty Drive.
THENCE north 41 deg. 31 min. 50 sec. east along the South-
easterly row line of Liberty Drive a distance of 140.0
feet tothe place of beginning, together with the structure
situated thereon known and described hereinas the "Old
Depot Building".
II.
'TERM 'AND 'O'P'TI'ON
The term of this lease is Ten (lO) years commencing on the
22 day of ·October , 1979, and ending on the 22 day of
October , 1989, unless sooner terminated· asherein provided.
Lessee is hereby granted and shall, if not at the time in
default under this lease, havean option to extend the original term
of·this lease for additional terms of ten {lO) years each, but not
to exceed three {3) extensions. Said extensions shall be of the
same terms as this lease, except that' the rental may, at the Lessor's
option, be increased to the sumof FIVE DOLLARS {$5'.00.} per month.
Lessee shall g'iveLessorwritten notice of its intention to renew
and extend at least 90 days prior toex.piration of this lease.
III.
RENT
The totalrent of this lease is the sum of ONE HUNDRED TWENTY
&NO/lO0 {$120.O0).DOLLARS. Lessee agrees to pay to Lessor said
amount in. monthly installments of 'ONE & NO/lO0 {$1.00} DOLLARS each,
payable at the City Hall of Pearland, Texas, beginning on the 1st day
of Novembe~ , 1979, and payable on the 1st day of each
month thereafter during ~he term ofl the lease.. Lessee shall have the
option to prepa) allof the .rentals herein provided in advance.
USE OF PREMISES
The p~emises..are leasedto be used as a'Chamber'of Commerce
Building generally. Lessee agrees to restri:ct their use to such
purposes, and not to use, or .permit the use 0f, the premises for
any other purpose without' first obtaining .the consent in writing of
Lessor, or Lessor's authorized official:s'~Or agents.
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TAXES AND ASSESSMENTS
Lessee will pay before delinquency any and all taxes levied or
assessed upon Lesse's fixtureS,equipment, and personal property in
or on the demised premises, whether or not affixed to the real prop-
erty. Lessee shall not be responsible for the payment of any ad-
valorem taxes that may be due and payable on the demised premises.
VI.
UTILITIES
Lessee agrees to pay before delinguency all charges for water,
gas, heat, electricity, power, and other similar charges incurred by
Lessee with respect to and during its occupancy of the demised premises.
VII.
ALTERATIONS, IMPROVEMENTS AND FIXTURES
Lessee shall have the right at its own cost and expense from time
to time during the term,or any extended term,hereof to improve, add to
or alter the leased premises and to install fixtures thereon, provided,
however, that it shall not remove any such improvements, additions, al-
terations, or fixtures without the prior written consent of Lessor, and
provided further, that on expiration or'sooner termination of this
lease, a'll improvements, including fixtures and all addition, altera-
tion, or repair to the premises place on or made to the premises by
Lessee during the terms hereof, shall revert to and become the absolute
property of Lessor, free and clear of any and all claims against them
by Lessee or any third person, and Lessee hereby agrees to hold Lessor
harmless from any claims that may be made against such improvements by
any third persons.
Lessee shall not suffer or permit any mechanic's liens or other
liens to be filed against the fee of.the leased premises nor against
Lessee'S leasehold interest in the land nor any buildings or improve-
ments on the leased premises by reason of any work, labor, services,
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or materials supplied or claimed to have been supplied to Lessee or
to anyone holding the leased premises or any'part thereof through or
under Lessee. tf any such mechanic's liens or materialmen's liens
shall be recorded against the leased premises, or any improvements
thereon, Lessee shall cause the same to be removed or, in the alterna-
tive, if Lessee in good faith desires to contest the same, Lessee shall
be privileged to do so, but i.n such case Lessee hereby agrees to in-
demnify and save Lessor harmless from all liability for damages oc-
casioned thereby and shall, in the event of a judgment of foreclosure
on said meChanic's lien, cause the same to be discharged and removed
prior to the execution of such judgment.
VIII.
INSURANCE AND INDEMNIFICATION
Lessee agrees to procure and maintain in force during the term
of this lease and any extension thereof, at its expense, public lia-
bility insurance in one or more responsible insurance companies duly
authorized to transact business in Texas, adequate to protect against
liability for damage claims through public use of or arising out of
accidents occurring in or around the leased premises, in a minumum
amounts of $100,000/$300,000 for Bodily Injury and $100,000/$300,000
for Property Damage. Such insurance shall provide coverage for
Lessor's Contingent liability on such claims or losses. Lessee agrees
to obtain a written obligation from the insurers to notify Lessor in
writing at least 30 days prior to cancellation or refusal to renew any
such policies. :
During the period of construction.of any improvements on the
leased premises and at all times during the lease term, Lessee shall
at its expense keep the improvements insured against loss or damage
by fire, with extended coverage endorsement or its equivalent in 'such
responsible insurance companies doing business in Texas as Lessee
shall select and Lessor shall approve, and in amounts not less than
eighty (80) percent of the fair insurable value of the buildings and
other improvements. Such policy or policies of insurance shall name
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both Lessor and Lessee as a named insured.
Lessor shall not be liable for any loss., damage, or injury of
any kind or c.haracter to any person or property arising from any'use
of the leased premises, or any part thereof, or caused by any defect
in any building, structure, or other improvement thereon or in any
equipment or other facility therein,.or caused by or arising from any
act or omission of Lessee, or any of its.agents, employees, licensees,
or invitees, or by Or from any accident on the land or any fire or
other casualty thereon, or oCcasioned by the failure of Lessee to
maintain the premises in safe condition, or arising from any other
cause whatsoever, and Lessee hereby waives on its behalf all claims
and demands against Lessor for an.y.,suCh loss, damage, or injury of
Lessee, and hereby agrees to indemnify and.hold Lessor entirely free
and harmless from all' liability for any Such loss, damage, or inj, ury
of other persons, and from all costs and expenses arising therefrom'.
IX.
.ASSIGNMENT OR SUBLEASE
Lessee shall not, without obtaining the written consent of the
Lessor, assign, mortgage, pledge, or encumber this lease, in whole
or in part, or sublet the premises or any part thereof.
REPAIRS GENERALLY
The Lessee shall, at its own cost and expense, keep and maintain
all of the demised premises, buildings, parking area and green area.
Lessor shall not be responsible for any improvements or repairs
whatsoever in or upon the demised premises.
XI.
PARKING RESTRICTIONS
Lessee shall not construct or allow any vehicle parking or vehicle'
parking areas to be situated on any area that faces the public roadway
known as Liberty Drive. All parking areas utilitized by Lessee
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shall be situated behind the present buildings situated thereon.
XII'.
QUIET POSSESSION
Lessor shall on the commencement date of the term of this lease
as heroinabove set forth, place Lessee in quiet possession of the '
leased premises and shall secure it in the quiet possession thereof
against all persons lawfully claiming the same during. the entire
lease term and any extensions thereof.
XIII.
SIGNS
Lessee shall not erect, install, operate nor permit to be.erected,
installed or operated in or upon the premises herein, any signs or
other similar advertising devise without first having obtained the
prior written consent of Lessor.
XIV.
HOLDING OVER
In the event Lessee shall hold over or remain in possession of
the premises herein leased after the primary term without any written
renewal thereof, such holding over shall not be deemed to operate as
a renewal or extension of this agreement but shall only create a ten-
ancy from month to month which m~ybe terminated at any time by the City.
XV.
DEFAULT.
Should Lessee be in default for a'.period of more than 30 days
in the payment of any rent payable under this lease or in. the per-
formance of any other provision of this lease, Lessor may terminate
this lease and regain .possession of the leased premises in the manner
provided by the laws of the State of Texas in effect at the date of
such default.
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XVI.
MISCELLANEOUS
ATTORNEY'S FEES
Should any litigation be 'commenced between the parties hereto
concerning the leased premises, this lease, or the rights'and duties
of either party' in relation thereto, the party prevailing in such
litigation shall be entitled, in addition to such other relief as may
be granted, to a reasonable sum as and for his attorney's fees 'in .such
litigation.
WAIVER OF BREACH
The waiver by Lessor of any breach of any provision of this lease
shall not constitute a continuing waiver or a waiver of any subsequent
breach of the same or a different provision of this lease.
TIME OF ESSENCE'
Time is expressly declared to be of the essence of this lease.
BINDING OF HEIRS AND ASSIGNS.
Subject to the provisions of this lease against assignment of
the Lessee's interest.hereunder, all provisions of this lease shall
extend to and bind, or inure to the benefit not only of the parties
hereto but to each and every one of the heirs, executors, representa-
tives, successors, and assigns of Lessor or Lessee.
RIGHTS AND REMEDIES CUMULATIVE
The rights and remedies provided by this lease.agreement are
cumulative and the use of any one right or remedy by either party
shall not preclude or waive its right to use any or all other re-
medies'. Said rights and remedies are given in addition to any other
rights the parties may have by law, statute, ordinance, or otherwise.
TEXAS LAW TO APPLY
This agreement shall be construed under and in accordance with
the laws of the State of TeXas, and allobligations of the parties
created hereunderare performable in Brazoria County, Texas
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LEGAL CONSTRUCTION
In case. any one or more of the provisions contained in the agree-
ment shall for any reason be held to be invalid, illegal, or unenforce-
able in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision thereof'and this agreement shall
be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
PRIOR AGREEMENTS SUPERSEDED
This agreement contitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written or
oral agreements between the parties respecting the within subject
matter.
AMENDMENT
No amendment, modification, or alteration of the terms hereof
shall be binding unless the same be in writing, dated subsequent to
the date hereof and duly executed by the parties hereto.
IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto
execute this agreement as of the day and year first written above.
LESSOR
By~~LA~,XAS
LESSEE
PEAR ND AREA CHAMBER OF.COMMERCE
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250
* MINUTES OF THE JULY22&, 1989'REGULAR COUNCIL MEETING
l~Qb'~T Fl~N PEARLA~BBY AREA CHANB~ OF CONNEI~CE FOR CITY TO EXTEND LEA,~
City Manager Ron Wicker read into the records the following letter from Btllye L.
Arcemsnt, Preside~t of the Pearlsrid/Hobby Area Chamber of CcemBme:
July 1'7, 1989
Mr. Rc~ Wlc~er
City of Pearlrod
P.O. ~x~
~, Te~ ~
Lease A~reement m the depot betwee~ the Ckmmber md the City of Pearland will
e~pire m Ootober 22, 1989.
Section II, Terms and Options, of the Lease agreement states that the Lessee shal 1
have an optira to extend this lease for additional terms of 10 years each.
The Board of Directors of the Pearland/Hobby Area Chamber of Comuerce respectfully
requests approval of the fArst extensicn of this Lease Agreement to begin October 22,
1989, and to expire October 22, 1999.
Thank you for your attentien to this matter. We await your reply.
Sincerely,
/s/BillMe L. Arcem~nt
President
It was moved by Comcllmember Bost, secu~d~ by Co~llmember Wolff, that the Lease
agreement on the depot between the Chamber end the City be extended, as requested,
for m 8a~___!tlcnal ten years at the same rote.
~tion passed 4 to O.
City Manager Ron Wicker explained that in the construction process on the FM 518
widening project, the State has advised us that additional right-of-way is needed
from American Real Properties, Inc. for a drainage structure.
In Council discussion it was recommended that the money for the purchase of this
property be taken from Street Bond Funds instead of the General Fund.
Ordinance NO. 574 was read in caprich by Co~lcllmamber Bost. (First Reading)
It was moved by Councilmember Bost, seconded by Councllmsmber Smith, that Ordinance
No. 574 be passed end approved on the flret of two readings with the correction that
the purchase of this propePt~ is to be paid for o~t of Street Bcnd Funds.
Said Ordinance No. 574 reads in caption as follows:
~SDINANCM ~O. 574
AN (I~DINAMZE ~ZING TPE PURCHASE OF A CFATAIN TRACT OF PROPERTY A8 SET OUT
IN EXHIBIT 'W' OF PEARE, BP, A~RIA COUNTY, TEXAS FROM AMERICAN REAL
NO/IO0 ($3,900.00) DOLLARS OUT OF STREET BOND FUNDS FOR THE PURCHASE AND
ELATED CLOSING COSTS; AUTHORIZING THE MAYOR TO ACCEPT THE GENERAL WARRANTY
DEED FROM AMERICAN REAL PROPERTIES, INC.; AND AUTHORIZING THE MAYOR AND THE
CITY MANAGER TO DRAW WARRANTY IN SAID AMOUNT OR SO MUCH THEREOF AS MAY BE
NECESSARY AGAINST SAID M/MD, TO PAY AM3 DISCHARGE THE E OBLIGATION OF .TPE