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R2001-0151 10-22-01 RESOLUTION NO. R2001-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT WITH PEARLAND NEIGHBORHOOD CENTER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amendment by and between the City of Pearland and Pearland Neighborhood Center, 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 Manager or his designee is hereby authorized to execute and the City Secretary to attest the original of the attached amendment with Pearland Neighborhood Center. PASSED, APPROVED October' , A.D., 2001. and ADOPTED this the 22 day of TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DA-I~RIN M. COKER '" CITY ATTORNEY Exhibit "A" R200'1-'15'1 EXHIBIT "A" TO RESOLUTION R2001-151 THE STATE OF TEXAS COUNTY OF BRAZORIA LEASE AMENDMENT This Lease Agreement is entered into by the parties hereto on the 22 day of 0c~cober , 2001, and in consideration thereof, the City of Pearland, Texas, a political subdivision (hereinafter "Lessor"), and Pearland Neighborhood Center, a Texas not-for-profit corporation (hereinafter "Lessee"), do hereby covenant and agree as follows: WHEREAS, a Lease Agreement (hereinafter "Agreement") was executed between the City and the Pearland Neighborhood Center on November 1, 1997; and WHEREAS, the Agreement currently becomes null and void should the subject premises be substantially destroyed or rendered uninhabitable or unsafe or otherwise unfit for habitation by fire, windstorm, flood, or act of God; and WHEREAS, the City and Pearland Neighborhood Center desire to amend the Agreement to prevent the same from becoming null and void if the subject premises are substantially destroyed or rendered uninhabitable; WITNESSETH: NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt of which is hereby acknowledged, it is hereby agreed as follows: 1. The last sentence of Section 5 of the Lease Agreement is amended to read as follows: "Should the subject premises be substantially destroyed or rendered uninhabitable or unsafe or otherwise unfit for habitation by fire, windstorm, flood, or act of God, the Lessor, at its sole discretion, will thereafter determine whether the premises shall be rebuilt or repaired." The effect of this addendum is limited to the terms above and all other terms of the original Agreement endure as previously agreed. This Agreement may only be amended, modified, or supplemented by written agreement and signed by all parties. o Resolution No. R2001-151 shall be incorporated herein and made a part of this Agreement for all purposes. STATE OF TEXAS COUNTY OF BRAZORIA BEFORE ME, the undersigned Notary Public, on this day personally appeared ~ ,'// ~-~'7.~ ~.,~ , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND c..~-o ,~,r"" , A.D., 2001. M Commission Expires: AND SEAL OF OFFICE THIS ,~.5~'' DAY OF BLIC, STATE OF TEXAS Printed Name: ~'~ My Commission Expires: STATE OF TEXAS § COUNTY OF /,'~zo r, o._.. § BEFORE ME, the undersigned Notary Public, on this day personally appeared ""~.)~'? ~or,,~);~,...$ , known to me to be the person whose name is subscribed to the foreg6ing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ ~ DAY OF ~c~m ~r- , A.D., 2001. NOTARY PUBLIC, STATE OF TEXAS PERLA N. LEHMAN Notary Public, State of Texas ' APRIL 2, 2005 My Co~ission Expires: 3 EXECUTED this 21/ day of October ,2001. ATTEST: CITY OF PEARLAND, TEXAS Bill Eisen City Manager PEARLAND NEIGHBORHOOD CENTER ~ ~ecky C~)rl)~'fus~'- ' '"-~'~"~"'- Chairman,qgoard of Directors 2