HomeMy WebLinkAboutO-1999-2347
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ORDINANCE NO. 99-'2..34-1
AN ORDINANCE APPROVING AHD AUTHORIZING AN AGREEMENT OF LEASE
BETWEEN THE CITY OF LA PORTE AND HOVEY-BETHEA POWELL POST NO. 428
01' THE AMERICAN LEGION; APPROPRIATING $20,000.00 TO FUND SAID
CONTRACT; HAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AHD
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. City Council appropriates the sum of $20,000.00 from
the Hotel/Motel Fund (Capital Improvement Project) Account No. 026-
9892-791-1100 to fund said contract.
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The city Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 99-2,~?
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section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of July, 1999.
By:
CITY OF LA PORTE
Nr!:::t ~j~
Mayor
ATTEST:
.,(). )J,vH
Ma ha A. Gillett
City Secretary
A~zJ~
Knox W. Askins
city Attorney
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AGREEMENT OF LEASE
STATE OF TEXAS {
{
COUNTY OF HARRIS {
This Agreement of Lease made by and between the CITY OF LA PORTE, a municipal
corporation, P.O. Box 1115, La Porte, Texas 77572, known herein as LESSOR, and HOVEY-
BETHEA POWELL POST NO. 428 OF THE AMERICAN LEGION, a Texas non-profit
corporation, known herein as LESSEE,
WIT N E SSE T H:
1. LESSOR does by these presents lease and demise unto LESSEE the following
described property, lying and being situated in Harris County, Texas, to-wit:
Lot No. Seven (7), in Block Thirty-eight (38), of the Town of La Porte, in Harris
County, Texas, according to the map or plat thereof recorded on file in the office
of the County Clerk of said County, to which reference is here made for all
purposes, more commonly known as 111 South 2nd Street, La Porte, Texas
77571.
2. LESSOR may not remove the existing 20 x 48 foot building (which was the original
La Porte City Hall) from the above described property, before January I, 2010. Thereafter,
LESSOR may move the existing building to another site within the city limits of the City of
La Porte, upon approval of LESSOR's City Council, at no cost or expense to LESSEE. LESSOR
shall leave the building site in a clean condition. In the event the original City Hall building is
moved by LESSOR, title to the land described in subparagraph 1 hereof, and all other
improvements to the land shall revert to LESSEE, its successors and assigns. The terms and
provisions of this Agreement of Lease shall apply to the use of the building at the new location.
3. LESSEE agrees to restore and rebuild the original City Hall building to a physical
condition that resembles its original character. In addition, LESSEE agrees to construct a new
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building at the rear of the property described in subparagraph 1 hereof, which shall be for the
exclusive use of LESSEE, as a Post home. All interior maintenance of the new building shall be
the sole responsibility of the LESSEE.
I.
The term of this lease is for twenty (20) years, from January I, 2000, until
December 31,2019, with options to LESSEE to renew for two successive five (5) year terms,
upon the same terms and conditions hereof
n.
In lieu of rental, LESSEE has donated to LESSOR, by General Warranty Deed, the above
described real property and LESSEE agrees to make all structure improvements to restore the
original City Hall before transferring the property and improvements to the LESSOR. Upon its
dedication and transfer of deed to LESSOR, LESSOR agrees to maintain and care for the
property and improvements thereon. LESSOR agrees to pay to the LESSEE the sum of
$20,000.00, upon transfer of the deed, as reimbursement to LESSEE for its restoration of the
original City Hall building.
III.
LESSOR shall pay all charges for the use of water, electricity, natural gas and other
utilities, as the same may become due, during the full term of this lease.
IV.
LESSOR grants LESSEE the right to use the original City Hall building, without payment
of charge or rent, up to twenty-four (24) days per lease year for the duration of this lease
agreement, to be used by LESSEE for its bi-monthly meetings and any special meetings desired
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by LESSEE. To the extent possible, LESSEE shall advise LESSOR of the dates, which LESSEE
desires to use the building. LESSEE shall advise LESSOR of its monthly meeting dates, for each
ensuing twelve (12) months, and LESSEE shall give LESSOR at least thirty (30) days written
notice offurther dates which LESSEE desires to use the building. LESSOR shall be free to rent
the building to other parties when not being used by LESSEE.
V.
LESSEE shall take good care of the property and suffer no waste, and at the end or
termination of this lease, deliver up the demised premises in good order and condition, natural
wear, tear and damage by fire, explosion, the elements and the acts of third parties excepted.
VI.
LESSEE shall not assign this agreement or sublet said premises, or any part thereof, to
any person or persons whatsoever, without the prior written consent of LESSOR.
vn.
In case of default of any of the aforesaid covenants, LESSOR may enforce the
performance thereof in any modes provided by law, and may declare the lease forfeited at
LESSOR'S discretion, and LESSOR, his agents or attorneys, shall have the right, without further
notice or demand, to re-enter and remove all persons therefrom without being deemed guilty of
any manner of trespass and without prejudice to any remedies for arrears of rent or breach of
covenant, or LESSOR, his agents or attorneys, may resume possession of the premises and re-Iet
the same for the remainder of the term for the best rental he may obtain; and LESSOR shall have
a lien as security for the rent aforesaid upon all the improvements, additions, equipment and other
personal property which LESSEE may place on the leased premise.
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This instrument expresses the entire agreement of the parties on subjects it purports to
cover.
This agreement is executed in multiple original copies.
WITNESS OUR HANDS, this 26th day of July, 1999, effective January 1,2000.
LESSOR:
CITY OF LA PORTE
By: G~\.~
Robert T. Herrera
City Manager
ATTEST:
-1v1 dH:I1L (). !ll1{JJ:I
Martha A. Gillett
City Secretary
LESSEE:
By:
HOVEY-BETHEA POWELL POST NO. 428
OF TIlE AMERI~GION
~-
Commander
ATTEST: ~
~~nard
Adjutant
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