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Home My WebLink AboutO-2000-2433 e e ORDINANCE NO. 2000- tl/33 AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE, AS LESSEE, AND GREATER TEXAS EQUITIES, LTD. I, AND RELIANT ENERGY ENTEX, AS LESSOR, FOR THE LEASE OF THE FORKER ENTEX BUILDING ON SOUTH 2ND STREET IN THE CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND 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. 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. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2000- e e PASSED AND APPROVED, this 11th day of September, 2000. ATTEST: ~d~~ ~ecretary A~~ Knox W. Askins City Attorney By: i;F ;;;~ rm n~. Malbne Mayor P1\GE 2 - 11/20/00 ION 15:42 FAX 83~83 9749 STETSON AVIATION. .. aJ 002 FOURTH AMENDMENT, ASSUMPTION, MODIFICATION OF LEASE AND PARTIAL RELEASE THE STATE OF TEXAS f t COUNTY OF HARRIS i WHEREAS, on the 23rd day of December 1992, a certain lease ("Lease") was entered into by and between GREATER TEXAS EQUITIES, LTD. I, a Limited Partnership ("Landlord;, and ARKLA. INC., a Memorandum of said Lease being recorded in various counties in Texas; and WHEREAS, Arlda, Inc., was succeeded by NorAm Energy Corporation ("Tenaat') as teDant; and WHEREAS, Reliant Energy Entc~ (the .'SUccessor Tenant'') is the successor in interest of Tenant by succession in and under the Lease; and WHEREAS, on the 30'" day of January 1998, a certain First Amendment to Lease and Partial Release (the "First Amendment'') was entered into by and between Landlord and Successor Tenant (or its predecessor), amending the Lease insofar as it covers property located in Galveston County, Texas, said First Amendment being recorded in County Clerk's File No. 9806470 of the Official Records of Galveston County, Texas; and WHEREAS, on the 27lh day of July 1998, a certain Second Amendment to Lease C.Second Ameadmea.t") was entered into by and between Landlord and Successor Tenant (or its pn:decessor), amending the Lease in so far as it covers the Schedule IS Property; and WHEREAS, on the day of March 2000, a certain Third Amendment to Lease ("Third ^meDdmeDf~ was entered into by and between Landlord and Successor Tenant; and SBI"'I'3OLBASE.DOC 11/20/00 BON 15:43 FAX 8341i83 9749 STETSON AVIATION, 411f' raJ 003 , WHEREAS, the Lease covered various properties, including certain properties located in the City of LaPorte, County of Harris, State of T cxas, one of which properties in the City of LaPorte. County of Harris, State of Texas being described as follows: PARCEL TWO (2) - LaPone, Harris County Lots Twenty-two (22), Twenty-three (23) and Twenty.Four (24) in Block Thirty-nine (39) of Townsite of LaPorte, an addition in Harris County, Texas according to the ma.p or plat thereof recorded in Volume 57, Page 320 of the Deed Records ofHanis COWlty, Texas (the "LaPorte Property") WHEREAS, Successor Tenant desires to vacate the Lease as regards the LaPone Property as of October 1, 2000, and desires to be released from any further Obligations on the Lease in so far as the Lease concems the LaPorte Property; and WHEREAS, the City of LaPorte desires to assume and modify the Lease in n:spect of the LaPorte Property and Landlord is agreeable to such assumption and modification; and WHEREAS, it is the desire of the parties hereto to further amend, modify the Lease and evidence the asswnption by the City of LaPorte to same. NOW. THEREFORE in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, Landlord, Successor Tenant and the City of La}Jortc do hereby agree as follows: 1. Modification ofTcrm for LaPorte Property. Article I, Section 1.03 of the Lease, as amended. is hereby amended to modify the following phrase at the end thereof: "provided, further however that the tenn of this lease with respect to the LaPorte Property (also latown as Parcel Thirteen) shall tenninate a.t midnight on September 30,2010:' SEmOI.EAS!.DOC 2 11/20/00 MON 15:43 FAX 8~83 9749 STETSON AVIATION'4liC. III 004 .- 2. ~mption by City of LaPorte. The City ofLaPorlc hCRby assumes all obliptions, covenants and conditions under the Lease, in so far as same affect the LaPorte Property. 3. Mutual Release of Landlord and Successor Tenant. UpOD execution and delivery hereof: Landlord and Successor Tenant agree as follows: (a) Landlord does hereby RELEASE, REMISE, ACQUIT, W AM AND FOREVER DISCHARGE Successor Tenant, its officers. directors, employees, affiliates, successors and assigns from any and all claims, demands, causes, causes of action, liabilities and obligation which may have accmed or may ever accrue on Landlord's behalf under the aforementioned Lease arising out of or relating to the LaPorte Property after September 30, 2000 or for any Rental (as defined under the Lease) accrued, due or that may accrue or become due OD or after October I, 2000 for the lease of the LaPorte Property. This release includes any and all such claim~ demands, causes of action, liabilities and obligations whether now known or unknown, oral or in writing, or direct or indirect wovid-GSJ thaC nothing in this release shall affect Successor Tenant's obligations undet the Lease as it relates to the remainder of the property covered by the Lease; and (b) Successor Tenant does hereby RELEASE, REMISE, ACQUIT, WAIVE AND FOREVER. DISCHARGB Landlord, its officers, directors, partners, employees, affiliates, successors and assigns from any and aU claims, demands, causes, causes of action, liabilities and obliption which may have accrued or Ihay ever aeeme on Successor Tenant's behalf under the aforementioned Lease arising out of or relating to the LaPorte Property. This release includes any and all such clailm, demands, causes of action, liabilities and obligations whether now known or unknown, oral or in writing, or direct or indirect provided that nothing in this release shall affect Landlord's obligations under tho Leaso as it relates to the remainder of the property covered by the Lease; [Remuader of Page Left IatendoDally BlaDkl SEmOI.8ASE.DOC ) , 11/20/00 ION 15:43 FAX 830 583 9749 e STETSON AVIATION'4Iif' ~005 .. ~ Except as expressly amended hereby, the Lease, as amended. shall remain in full force and effect. sr IN WITNESS WHEREOF the said parties have hereunto set their hands this 1:... day of Oe"J1>>~ t:1r"- ~u, 2000. GREATER TEXAS EQUITIES, LTD. I, a Limited Partnership By: GENERAL EQUIT1ES, LTD., Its General Partner By ~~ /L ~~ Ronald R. Hyde, Its Sole General Partncf" .~ SHEIlA A. MA110N '. ~. ...,..........'- _aam.........rnuaa RELIANT ENERGY BNTEX, a division of R.eliant Energy Resources Corp. _By 9...:- 7. ~i . Jim haefer, Vice President Southern Region CITY OF LAPORTE By: <3?~ T: ~ Name: Title: C\.~ ~. SBmOUWiE.DOC 4 11/20/00 ION 15:44 FAX 8~83 9749 STETSON AVIATION'4liC. III 008 ~ THE STATE OF TEXAS f i COUNTY~~'''..J -II This instnlment was aeknowleclged before me on tbia" (A,ay of ~~ 2000 by Ronald R. Hyde. General Partner of General Equities. Ltd..tbIO;oeral Partner of Greater Texas Equities, Ltd. I, a Limited Partnership, for and on behalf of said Greater Texas Equities, Ltd. L. Limited Partnership. [SEAL] lIAR\' P. rMDIJOX MY COMMISSION EXPIRES 0aIaIlIr 18," ~%/~~ Notary Publi' for - - The Srate EXAS My Commission Expires: Printed Name of Notary: THE 51 ATE OF TEXAS f f COUNTY OF t This instrument was acknowledged before me on tbis3 ~ day of ~ 2000 by Jim Schaefer, Vice President Southem Region of Reliant Bnergy Bntex, for and on behalf of said CoJporation. .~R_ . :~~ · ".,.........,r.. . -~...3fI.. L~-:tvn~- Notary Public in and for The State ofT E X A S [SEAL] My Commission Expires: ~J IOf ;!OtJ~ Printed Name of Notary: S~ei)fI? mft7S0,J SEPT30L8AS6.00c s , .1~/20/00 KON 15:44 FAX 83~83 9749 [SEAL] e JAMS H. GOULDER . . rJ MY COMMISSION EXPIRES . Deo8mINr 27. 3103 , My Commission Expires; J'l.-~1.0>j SEPT.JCll.&ASE.DOC STETSON AVIATION, 411f' iii 007 Printed Name of Notary: Jg,zi.s If 6ou/d.o..r' 6