Ord. 0575 08-29-89ORDINANCE NO. 575
AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT,
A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED
HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND
BETWEEN PEARLAND/HOBBY AREA CHAMBER OF COMMERCE, AND THE
CITY OF PEARLAND, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
SECTION 1. That the facsimile of Lease Agreement, annexed
hereto, incorporated herein for all purposes, designated Exhibit "A",
by and between Pearland/Hobby Area Chamber of Commerce and the City of
Pearland, Texas, for the purpose of extending the lease on the Depot
is hereby authorized and approved.
SECTION 2. That the City Council finds that such lease agreement
should be extended for an additional ten years at the same rental
price.
SECTION 3. That the Mayor and City Secretary of the City of
Pearland, Texas, is hereby authorized and directed to execute for and
on behalf of the City the annexed contract documents, and counterparts
thereof and the City Secretary is authorized to attest to the signing
of said agreement.
PASSED and APPROVED on FIRST READING this the /1 day of
ct
ATTEST:
CITY CRETARY
, A.D., 1989.
MAYOR
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PASSED and APPROVED on SECOND AND FINAL READING this ODD
day of , A.D., 1989.
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
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MAYOR
EXHIBIT "A"
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTIES OF BRAZORIA AND HARRIS
LEASE AGREEMENT
This Lease Agreement is made and entered into this 3/ AIL
day of ,La Mt , 1989, at Pearland, Brazoria and
Harris Counties, Texas, by and between the City of Pearland, Texas, a
Home Rule Municipal Corporation, hereinafter called Lessor, and the
Pearland/Hobby Area Chamber of Commerce, a Texas Non -Profit
Corporation, of Pearland, Brazoria and Harris Counties, Texas,
hereinafter called Lessee.
WITNESSETH
I.
DEMISE AND DESCRIPTION
In consideration of 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:
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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
property 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 right-of-
way line of Liberty Drive.
THENCE north 41 deg. 31 min. 50 sec. east along the
Southeasterly right-of-way line of Liberty Drive a distance
of 140.0 feet to the place of beginning, together with the
structure situated thereon known and described herein as the
"Old Depot Building".
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II.
TERM AND OPTION
The term of this lease is Ten (10) years commencing on the j/41.
days of 0-,-/l.�J/ at , 1989, and ending on the 3l day of
(,l.I/la,/ , 1999, unless sooner terminated as herein
provilied.
Lessee is hereby granted and shall, if not at the time in
default under this lease, have an option to extend the original term
of this lease for additional terms of ten (10) years each, but not to
exceed two (2) 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 sum of FIVE DOLLARS ($5.00) per month. Lessee shall
give Lessor written notice of its intention to renew and extend at
least 90 days prior to expiration of this lease.
III.
RENT
The total rent of this lease is the sum of ONE HUNDRED TWENTY &
NO/100 ($120.00) DOLLARS. Lessee agrees to pay to Lessor said amount
in monthly installments of ONE & NO/100 ($1.00) DOLLARS each, payable
at the City Hall of Pearland, Texas, beginning on the 1st day of
November
, 1989, and payable on the 1st day of each month
thereafter during the term of the lease. Lessee shall have the option
to prepay all of the rentals herein provided in advance.
IV.
USE OF PREMISES
The premises are leased to be used as a Chamber of Commerce
Building generally. Lessee agrees to restrict their use to such
purposes, and not to use, or permit the use of, the premises for any
other purpose without first obtaining the consent in writing of
Lessor, or Lessor's authorized officials or agents.
V.
TAXES AND ASSESSMENTS
Lessee will pay before delinquency any and all taxes levied or
assessed upon Lessee's fixtures, equipment, and personal property in
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or on the demised premises, whether or not affixed. to the real
property. 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 delinquency 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, alterations, or fixtures without the prior written consent
of Lessor, and provided further, that on expiration or sooner
termination of this lease, all improvements, including fixtures and
all addition alteration, 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
improvements on the leased premises by reason of any work, labor,
services, 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. If 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 alternative, if Lessee in good faith desires to contest the
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same, Lessee shall be privileged to do so, but in such case Lessee
hereby agrees to indemnify and save Lessor harmless from all liability
for damages occasioned 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 liability
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 minimum
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
both Lessor and Lessee as a named insured.
Lessor shall not be liable for any loss, damage, or injury of any
kind or character 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
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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 any 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 injury
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.
X.
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 utilized by Lessee
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 hereinabove 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.
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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.
XI V.
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 tenancy
from month to month which may be 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 performance
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.
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.
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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, representatives,
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
remedies. Said rights and remedies are give 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 all obligations of the parties
created hereunder are performable in Brazoria and Harris Counties,
Texas.
LEGAL CONSTRUCTION
In case any one or more of the provisions contained in the
agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision 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 constitutes 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.
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IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto
execute this agreement as of the day and year first written above.
LESSOR
CITY OF PEARLAND, fl)CAS
BY: �'1-`-/
MAYOR
LESSEE
PEARLAND/HOBBY AREA CHAMBER OF
COMMERCE
BY
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