HomeMy WebLinkAboutR-1986-12
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RESOLUTION NO.
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A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT OF LEASE BETWEEN
HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE LEASE OF 5.8335 ACRES
OF LAND AT THE SYLVAN BEACH PARK, UPON THE TERMS AND CONDITIONS AS
PROVIDED THEREIN; FINDING IN COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section l. The Mayor is authorized to execute, and the City
Secretary is authorized to attest the execution, of an agreement of
lease between Harris County and the City of La Porte for the lease
of 5.8335 acres of land at the Sylvan Beach Park, in form attached
hereto as Exhibit "A", incorporated by reference herein, and made a
part hereof for all purposes.
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 City for
the time required by law preceding this meeting, as required by the
Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes
Annotated; 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 resolution shall be effective upon its passage
and approved.
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PASSED AND APPROVED this the;Z day of ~
1986.
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Cherie Black, City Secretary
CITY OF LA PORTE
By2larh7YJ~? ~
,. .orman Malone', Ma
APPR~u~
Knox W. Askins, City Attorney
ATTEST:
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CITY OF L! PORTE
PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE, TEXAS 77571
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April 29, 1986
Mr. Robert Watts
Chief of Right-Of-Way Department
County of Harris
Suite 692
Harris County Administration Building
100l Preston Avenue
Houston, Texas 77002
Dear Mr. Watts:
Enclosed are two (2) copies of the executed contract of Sylvan Beach
Park Pavilion. I should appreciate your returning one executed copy
as soon as the County has formally approved the agreement.
Your cooperation and assistance in completing the contract is
certainly appreciated. Should you have any questions, plese contact
Mr. Jack Owen, City Manager.
Sincerely,
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Norman Malone
Mayor
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Enclosu res: (2)
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A G R E E MEN T
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT made and entered into pursuant to the
Interlocal Cooperation Act [Art. 44l3(32c) V.T.C.S.] and Article
608lt, V. A. C. S., by and between the City of La Porte, a
municipal corporation under the laws of the State of Texas,
hereinafter referred to as "the City," and Harris County, a body
corporate and politic under the laws of the State of Texas,
hereinafter referred to as "the County;"
WIT N E SSE T H:
WHEREAS, it is to the mutual benefit of the City and the
County to provide public parks for the residents of the City and
the County; and
Whereas, the city desires to maintain a public park on
certain hereinafter described lands owned by the County and
located in the City of La Porte; and
WHEREAS, the County is willing to permit the City to use the
said lands for such park purposes;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to
both parties, it is agreed as follows:
I
Subject to the terms and provisions hereinafter set forth,
County has rented and leased, and by these presents does rent and
lease, unto City, its successors and assigns, for a term of forty
(40) years, beginning January l, 1986, and ending December 31,
2025, (unless sooner ended in accordance with the provisions
hereof), the following described premises situated in Harris
County, Texas, to-wit:
Beginning at a point in the East right-of-way
line of Bayshore Drive from which a five-eights
inch iron bar bears South 8l degrees 28'54" West
a distance of 97.09 feet, said iron bar marking
the Northeast corner of Block 49 of the Sylvan
Beach SUbdivision as recorded in Volume 3 at Page
72, said iron bar being in the West right-of-way
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line of Bayshore Drive (80 feet'wide) at Circle
Drive.
Thence North 26 degreesi.lOO' 00" East along the
said East right-of-way line of Bayshore Drive, a~
fenced, a distance of 200.00 feet to a point for
an angle .to the left;
Thence North 8 degrees 26'18" East along said
fence, a distance of 143.17 feet to a point for
an angle to the rightj
Thence North 14 degrees 05'07" East along said
fence, a distance of 44.50 feet to a gate post for
corner~
Thence North 86 degrees 26'52" East, leaving said
fence, along a line 0.80 feet South of and
parallel to a paved driveway, a distance of 81.62
feet to a point for cornerj
Thence North 26 degrees 00'00" along a line
established by the back of curb of a traffic island
beginning at 36.00 feet and ending at 44.00 feet, in
all distance of 130.81 feet to a point in the back of
curb of a parking lot for corner;
Thence South 64 degrees 00'00" East a distance of
436.53 feet to a point for corner on the Bayside of
a wooden bulkheadj
Thence in a Southwesterly direction al9ng the
meanders of the Bayside of said wooden bulkhead
a distance of 551.11 feet to a point for corner;
Thence North 64 degrees 00'00" West, a distance
of 455.l5 feet to' the POINT OF BEGINNING and
containing 254,l07 square feet (5.8335 acres) of
land.
II
(A) As rental for the use of said leased premises,
City.covenants and agrees to pay County, without demand, at the
office of County Treasurer, Harris County, Texas, the sum of FIVE
THOUSAND SEVEN HUNDRED FORTY-SIX AND 33/100 ($5,746.33) DOLLARS
per year.
(B) City shall operate and manage all concessions
and collections of receipts on the premises. Provided, however,
the City may enter into concession agreements or other agreements
with other parties for concessions and collections of receipts on
the leased premises only with the prior written approval of the
Commissioners Court of Harris County, and such agreements will
not be effective until the terms and conditions thereof are
approved by the Commissioners Court of Harris County. The amount
of any fees and all rates and prices charged shall be subject to
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the prior approval by the Commissioners Court of County. City
and its concessionaires shall post a schedule of such fees, rates
and prices at all times in a conspicuous place on the premises.
III
The above indicated payments shall be due and paid by City
to the County annually, on or before the l5th day of February of
each year following each calendar year during which this
agreement is in effect for the whole calendar year or any portion
thereof. Provided, however, that the payment for the first two
years of the term of this agreement shall be due and paid by City
to the County on~r before the l5th day of February following the
second calendar year during which this agreement is in effect for
the whole calendar year or any portion thereof. During the forty
year term of this agreement, City shall be allowed as a credit
against the annual rent due the sum of one-fortieth (lj40th) of
the amount expended by City in making the necessary restoration
and repairs to the existing pavilion building, during the first
twenty (20) months of the term hereof, as provided in Paragraph
IV below. In the event the credit in the amount of the said one-
fortieth (lj40th) of the amount expended by the City in making
the necessary restoration and repairs to the existing pavilion
building, as set out in Paragraph IV below, exceeds the amount of
rent for such calendar year, or portion thereof, the County shall
have no obligation to pay the difference to the City, and such
calculation shall be made each year during the term of this
agreement, without regard to the amount of rent for any prior or
subsequent year. If this agreement is terminated or expires at
any time other than at the end of a calendar year, the payment
for that portion of the calendar year shall be due and payable
within forty-five (45) days after such termination or expiration.
All late payments will bear interest at the maximum legal rate of
interest.
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IV
Within l80 days of the date of execution of this agreement,
City shall commence the following restorations and repairs of the
pavilion building and will proceed diligently until completed,
and will complete said restorations and repairs not later than
twenty (20) months from the date of commencement of the term of
this agreement.
a. Clean the sump pumps, the pump house, and the sump
lines and restore same for proper use;
b. Replace any steel beam and column in need of re-
placement;
c. Restore the lower level entry of the pavilion
building to original condition;
d. Grout the concrete beams where steel rebars are
exposed;
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e. Repair as necessary all electrical service and
equipment and check for safety and proper operation;
f. Perform extensive repairs to the roof;
g. Replace all broken glass;
h. Repair all damaged exterior entry doors;
i. Remove all asbestos ceiling surfaces in the central
ballroom and replace with non-asbestos acoustical plaster.
j. Conduct a complete gas pressure test on the entire
gas pipe system and repair any discovered leaks;
k. Repair the existing levee;
1. Provide a separate water line and electrical meter
for the pavilion building.
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In making the restoration and repairs described
paragraph, City shall expend not less than the
$229,853.33.
in this
sum of
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City shall not make any additional improvement, additions or
alterations to the existing pavilion not provided for in
Paragraph IV above without the prior written consent of County.
In the event City desires to make any changes, additions or
additional improvements, City shall submit written plans and
specifications for same to the County Engineer for approval.
Minor changes and repairs costing less than the sum of $l,OOO.OO
may be made without the consent of the County, however, City will
furnish written documentation of said minor changes to the County
Engineer.
VI
City will neither place, nor cause to be placed, any sign,
projection, advertisement, or device of any kind whatsoever in
said park or upon the sidewalks or streets adj acent thereto,
without the prior written consent of the Commissioners Court or
the County Commissioner in whose precinct the park is located.
City shall remove any and all said signs, projections,
advertisements or devices within thirty (30) days after
termination'of the lease, whether by expiration of the term or
for any other reason.
VII
City will maintain in good repair the pavilion, parking lot,
fences, pump house, sump pumps, and all the other areas of the
leased premises and will furnish and maintain in good repair all
equipment necessary for the operation of the pavilion and other
areas of the premises. County shall have the right to enter upon
the leased premises at any time for the purpose of inspecting the
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pavilion or other improvements located thereon to insure that
City is properly maintaining same.
VIII
The parking lot adjoining the leased premises may be used by
both the County and the City.
IX
County shall have the right, but not the obligation, during
the first year of the term of this lease and at ten year
intervals thereafter, to level up and re-surface the said parking
lot adj oining the leased premises. In the event County does
level up and resurface the said parking lot adjoining the leased
premises, City shall reimburse County one-half of the actual cost
thereof within thirty days of notice by the County to City that
said work has been completed.
X
It is understood that the leased premises shall be open to
the public for the purposes of having parties, dances, meetings
and other social events and any other lawful purposes during
reasonable operating hours, and for no other purpose except as
may be approved, in advance, in writing by the County.
XI
City shall have the right to set reasonable and uniform fees
for use of the improvements on the leased premises during the
term of this lease. Nei ther ci ty nor County shall make any
charge for parking at Sylvan Beach Parksite, however, City may
grant a valet parking concession to a qualified consessionaire as
part of City's operation, but no part of County's adjacent
parking facility shall be designated, set off, or set aside for
priviledged or exclusive use by the said valet parking
concessionaire.
XII
During the term of this lease, City shall pay all utilities
used at the leased premises.
XIII
During the term of this lease, City shall pay any applicable
local, state and federal taxes incident to the operation of the
leased premises.
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XIV
City shall provide police and fire protection at the' leased
premises.
xv
City shall not assign or sublet its leasehold interest in
the leased premises without the prior written approval of County.
XVI
City agrees/to purchase and maintain during the term of this
agreement a comprehensive liability insurance policy to cover
City and County for any liability in connection with the use of
the leased premises with coverage in the amounts of not less that
ONE HUNDRED THOUSAND DOLLARS ($lOO,OOO.OO) for injuries or death
to anyone person, not less that THREE HUNDRED THOUSAND DOLLARS
($300,000.00) for injuries or death to more than one person in
anyone accident or occurrence and not less than ONE HUNDRED
THOUSAND DOLLARS ($lOO,ooo.oO) for damage to or destruction of
property in anyone accident or occurrence, or in the amounts of
the County's maximum limitation of liability under the Texas Tort
Claims Act. City will also maintain fire and extended insurance
coverage on the pavilion building, written on the Texas Standard
Form of policy, in the amount of the full insurable value of the
pavilion building, with loss payable to City and the County as
their interests may appear. City shall furnish the County either
the original policies or certificates that such insurance is in
full force at all times during the term of this agreement.
XVII
City shall not allow any liens or any other encumbrances to
attach to the leased premises.
XVI!!
In the event of damage or destruction of the leased
premises, whether partial or total, City may elect to restore the
improvements, using the proceeds of the casualty insurance
pOlicy, plus other funds as necessary, or City may elect to
terminate the lease, in which event City will apply the proceeds
of the casualty insurance policy to remove the pavilion building
and other debris from the leased premises to the extent necessary
to clear the site, and thereafter any remaining insurance
proceeds may be used by Lessee for any other purpose, or, upon
City's request, County has the right, but not the obligation, to
remove the pavilion building and other debris from the leased
premises, in which event, City will reimburse County, from the
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proceeds of the casualty insurance policy, County's actual
expense incurred in clearing the site.
XIX
City may terminate the term of this agreement, without
cause, at any time by giving to County at lease ninety (90) days
advance written notice of its intention to do so, specifying
therein the effective date of such termination. County may
terminate this agreement if and in the event the City fails or
refuses to perform anyone or more of its obligations which are
to be performed during the term of this lease, or allows any form
of immorality or 'conduct offensive to the public to go unchecked,
or for ordinary mismanagement of the pavilion building or any
other area of the leased premises, or for permi tting
deterioration of any part of the leased premises by failure to
maintain and keep same in a proper state of repair. County shall
not take any action or recourse against the city for any default
in the performance of the City's obligations, or any breach of
this lease agreement by the City, until thirty (30) days after
County has given City written notice setting out in detail the
type and nature of the default or breach, and the failure of City
to cure such default or breach within such thirty (30) day
period.
XX
Any notice permitted or required by County to City may be
given by depositing the same in the United states mail,
registered, return receipt requested, with postage and registry
fee prepaid, and addressed to City at the following address, to-
wit:
City of La Porte
P. o. Box 1115
LaPorte, Texas 77571
Attention: Mayor
Any notice permitted or required by ci ty to County shall
likewise be in writing and shall be delivered or deposited in the
United states mail, registered, return receipt requested, with
postage and registry fee prepaid, addressed to the County at the
following address, to-wit:
Harris County Commissioners Court
Harris County Administration Building
lOOl Preston, 9th Floor
Houston, Texas 77002
Attention:
Clerk
of
Commissioners
Court.
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XXI
At the termination of this Agreement, whether by lapse of
time or under any of the conditions or provlSlons contained
herein, the pavilion building and all other improvements in the
leased premises will become the property of the County,' and City
will peaceably and quietly yield up and surrender the said leased
premises to the County.
XXII
County reserves the right to grant permits and easements
across the leased premises for the purpose of providing utilities,
provided, however, that such utilities do not unreasonably
interfere with ~he City's use of the premises.
XXIII
In the event of condemnation of the premises or a portion
thereof, each party hereto shall recover the value of its
interest.
XXIV
This instrument contains the entire Agreement between the
parties relating to the rights herein granted and the obligations
herein assumed. Any representations or modifications concerning
this Agreement shall be of no force or effect excepting a
subsequent modification in writing signed by all parties hereto.
IN TESTIMONY WHEREOF, this instrument has been executed in
duplicate counterparts, each to have the force and effect of an
original as follows:
(a) It has been executed on behalf of the County of
the day of , 1986, by the County Judge of Harris
County, Texas, pursuant to an Order of the Commissioner's Court of
Harr is County, Texas, s i tt ing as the govern ing body of Ha rr is
County, authorizing such execution; and
(b) It has been executed on behalf of the City of the 28th
day of April, 1986, by its Mayor and attested by its City
Secretary, pursuant to Resolution of the City Council of the City
of La Porte, authorizing such execution.
ATTEST:
CITY OF LA PORTE
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CHERIE BLACK, City Secretary
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COUNTERSIGNED:
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THOMAS KEILMAN
City Controller
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
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WILLIAM R. BRUY~RE
Senior Assistanf County
Attorney
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HARRIS COUNTY
JON LINDSAY
County Judge
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ORDER AUTHORIZING COUNTY JUDGE TO EXECUTE
AN AGREEMENT BETWEEN HARRIS COUNTY
AND THE CITY OF LA PORTE
THE STATE OF TEXAS
COUNTY OF HARRIS
day of
of Harris County, Texas,
Harris County, Texas,
, seconded
, duly put and carried,
IT IS ORDERED that County Judge Jon Lindsay be, and he is
hereby, authorized to execute an Agreement between Harris County
and the City of La Porte for the lease of 5.8335 acres of land at
the Sylvan Beach Park, upon the terms and conditions as provided
for in this Agreement being hereby referred to and made a part
hereof for all purposes as though fully set forth herein.
On this, the
Commissioners Court
governing body of
Commissioner p
, 1986, the
sitting as the
upon motion of
by Commissioner