HomeMy WebLinkAboutO-1992-1804
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ORDINANCE NO. 1.804
AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEEMENT BETWEEN
THE CITY OF LA PORTE AND HARRIS COUNTY FOR A PUBLIC HEALTH UNIT~
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
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 Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13th day of January, 1992.
CITY OF LA PORT~
ByJ:~~~
orman L. Malone, Mayor
AT~Nuk
c~rie Black. ,
City Secretary
APPROVED: __~
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Knox W. Askins .
City Attorney
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#39, 867VBU- jaa
LEASE AGREEMENT
THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
This LEASE AGREEMENT, made and entered into by and between CITY
OF LaPORTE, a municipal corporation under the laws of the State of
Texas, hereinafter designated "Lessor," and HARRIS COUNTY, a body
corporate and politic under the laws of the State of Texas,
hereinafter designated "Lessee";
WIT N E SSE T H:
WHEREAS, Lessee is desirous of leasing the hereinafter
described premises, and
WHEREAS, Lessor is desirous of leasing said premises to the
Lessee;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT:
That in consideration of the mutual covenants, agreements and
benefits to both parties, it is agreed as follows:
I.
Subject to the terms and provJ.sJ.ons hereinafter set forth,
Lessor has rented and leased and by these presents does rent and
lease unto Lessee for a term of twelve (12) months beginning
November 1, 1991, and ending (unless sooner ended in accordance with
the provisions hereof) on October 31, 1992, the following described
premises, situated in Harris County, Texas, to-wit:
That portion (consisting of approximately 2,500 square
feet of floor space) of the first story outlined in red
on the partial first story floor plan attached hereto as
Exhibit "A" of that certain office building whose address
is 911 South Eighth Street, LaPorte, Texas, said office
building being located on the following tract or parcel of
land, to-wit:
Lots 10 thru 16, Block 164, in the city of
LaPorte, Harris County, Texas, according to the
map or plat thereof of record in Vol. 58 at page
460 of the Deed Records of Harris County, Texas.
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Together with the right of ingress and egress to South Eight
street.
II.
As rental for the use of the premises, Lessee covenants and
agrees to pay Lessor the sum of One Thousand One Hundred Twenty-five
and NO/100 Dollars ($1,125.00) per month. On or about the first
(1st) day of each calendar month beginning with the calendar month
of November, 1991, and ending with the calendar month of October,
1992, (unless this lease is sooner terminated in accordance with the
terms hereof), the Lessor will submit to Lessee a statement for the
rent for such calendar month and Lessee agrees to pay the same on or
before the fifteenth (15th) day of such calendar month or within
fifteen (15) days after the receipt of such statement, whichever is
later.
III.
Lessor shall pay utility bills for water, gas and electricity
incurred by Lessee in its use of the leased premises.
IV.
It is understood that said premises are to be used by Lessee
for a Public Health Unit and/or other lawful purposes.
V.
It is expressly understood and agreed that during the term of
this lease, or any extension thereof, Lessee and Lessee's employees,
agents, contractors, guests and invitees shall have the right to use
(with other tenants of said building) the lobby, hallways, restrooms
and other common areas of said building, and also the driveways,
parking area, walkways and entrances on the above described tract or
parcel of land.
VI.
During the term of this lease, Lessor will, at its own expense,
perform the following:
A. Keep and maintain in good repair the exterior walls,
exterior doors, exterior doorways, windows, roof,
structural portions, heating equipment, air-
conditioning equipment, plumbing, wiring and
electrical equipment (including the installation and
furnishing of light bulbs and other light producing
elements), first story walls, first story ceilings,
first story floors, first story doors, first story
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doorways, first story restrooms and first story
hallways of said building.
B. Keep and maintain in good repair the lobby, elevators
and entrance to the above mentioned building, and
also keep the same neat and clean.
C. Keep a supply of toilet paper and paper towels in the
first story restrooms of said building.
D. Use its best efforts to keep all persons using any
part of the above mentioned building from making
excessive noise, causing an offensive odor, or
otherwise interfering with Lessee's use and enjoyment
of the leased premises and the exercise of its rights
hereunder.
E. Keep and maintain in good repair the parking area,
the driveways, walkways and entrances on the above
described tract or parcel of land and also keep the
same neat and clean.
F. Operate the air-conditioning and heating equipment so
as to maintain the air temperature in the leased
premises between 70 and 75 degrees Fahrenheit between
the hours of 7: 30 A.M. and 5: 30 P.M., of each and
every day except Saturdays, Sundays and County
holidays. However, should any State, Federal or
Municipal law, rule or regulation applicable to said
premises require the maintenance of the air
temperature therein within a range other than that
hereinabove specified, then the air temperature shall
be maintained as near to the temperature range set
forth above as may be permitted under such law, rule
or regulation.
G. Provide water for drinking, lavatory and toilet
purposes.
H. Maintain, or cause to be maintained, water, sanitary
sewer, electric, gas and telephone lines to the
leased premises.
VII.
Lessor will pay, before they become delinquent, all taxes and
assessments which may' be payable for, on, or in regard to, the
leased premises, or any part thereof during said term.
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VIII.
Should a dispute arise as to Lessor's right, title and/or right
to lease the leased premises, or any part thereof and/or Lessor's
right to receive the rental payments herein reserved, then and in
such event, the Lessee may withhold the rent herein reserved, but
such rent shall continue to accrue and shall be payable by the
Lessee to the party or parties entitled thereto after said dispute
shall be settled either by court action or by settlement.
IX.
Should the leased premises or the above-mentioned building be
destroyed or damaged, or the right of ingress and egress be
impaired, so that the leased premises shall be thereby rendered
unfit for use by Lessee, or should any governmental body, agency,
department or official determine such building to be a fire hazard,
or for any other reason whatsoever to be unsuitable for the use or
uses for which the LeSsee contemplates using same, then and in any
such event the rent hereinbefore reserved shall not be due nor paid
by the Lessee during the period of destruction or damaged condition,
impairment, or unsuitability, and this lease may be terminated at
the option of Lessee. Regardless of whether or not Lessee exercises
its option to terminate this lease, in any such event, the rent for
any month during which the leased premises are unfit or unsuitable
for use by Lessee for a portion thereof shall be equal to the number
of days the same was fit for use by Lessee times Thirty-Seven and
50/100 Dollars ($37.50), and if the rent for any such month has been
paid in advance, then Lessee shall be entitled to a refund from
Lessor of the excess amount paid. However, Lessee shall be
obligated to pay rent only for each day the Lessee actually uses the
leased premises. The phrase "actually uses," as used in this
paragraph, means the use of the leased premises for the purpose the
Lessee contemplates or intends to use same, and shall not include
any limited use or uses such as (but not limited to) inspecting the
leased premises, or leaving furni ture and other property therein
while waiting for repairs of such damage or other action to correct
or otherwise remedy such damaged condi tion, impairment or
unsuitability.
X.
Lessor agrees that all fixtures and all personal property
created and/or placed in and on said leased premises by the Lessee
may be removed by the Lessee at the termination of this lease, or
any extension thereof, even though the same may be attached to the
premises.
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XI.
In the event Lessee shall hold over and remain in possession of
the leased premises herein leased after the expiration of this
agreement without a 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 day to day at a
rental rate of Thirty-Seven and 50/100 Dollars ($37.50) per day
which day to day tenancy may be terminated at any time by either the
Lessor or Lessee.
XII.
Lessor covenants and agrees that it will, at its expense
maintain an owner's, landlord's and tenant's liability policy
covering the leased premises with coverage in the amount of not less
than One Hundred Thousand Dollars ($100,000.00) for injuries or
death to anyone person, not less than Three Hundred Thousand
Dollars ($300,000.00) for injuries or death to more than one person
and not less than One Hundred Thousand Dollars ($100,000.00) for any
injury to or destruction of property in anyone accident or
occurrence, or in the amounts of the Lessee's maximum limitations of
liability under Section 101.001 et. seq. (Vernon 1986) Texas civil
Practice and Remedies Code Annotated, as amended, whichever is
greater. Said policy shall name both the Lessee and the Lessor as
insured.
XIII.
Notwithstanding anything herein to the contrary or that may be
construed to the contrary, it is understood and agreed that if
Lessor refuses or fails to perform anyone or more of its
undertakings and obligations which are to be performed during the
term of this lease, then and in that event Lessee shall have the
right to terminate this lease upon ten (10) days' written notice
given to Lessor. It is further understood that if Lessor refuses or
fails to perform anyone or more of its undertakings or obligations
under this lease agreement, that Lessee shall have the right, but
not the obligation, to perform, or cause to be performed, anyone or
more of said undertakings or obligations of the Lessor, and to
deduct all costs and expenses thereof from the rental to be paid
hereunder. The performance by Lessee of anyone or more of the
undertakings or obligations of the Lessor hereunder shall not be
construed or held to be a waiver by the Lessee of any succeeding
refusal or failure to perform such undertaking or obligation of the
Lessor. It is further understood that Lessee's exercise of any of
the rights or options under this paragraph shall not prejudice
Lessee's right to recover damages which Lessee has sustained as a
result of Lessor's refusal or failure to perform, and that the
rights and options under this paragraph are cumulative with, and not
in lieu of, other remedies provided by law.
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XIV.
Any notice permitted or required to be given to' the Lessor
hereunder may be given by registered or certified United states
mail, postage prepaid, return receipt requested, addressed to City
of LaPorte, P.O. Box 1115, LaPorte, Texas 77572-1115; and such
notice shall be deemed given upon deposit of same in the United
states mail as aforesaid. Any notice permitted or required to be
given to the Lessee hereunder may be given by registered or
certified United states mail, postage prepaid, return receipt
requested, addressed to County Judge of Harris County, 1001 Preston,
9th Floor, Houston, Texas 77002~ and such notice shall be deemed
given upon deposit in the United states mail as aforesaid.
xv.
Lessor shall not take any action or recourse against the Lessee
for any default in the performance of Lessee's obligations, or any
breach of this lease agreement by Lessee, until thirty (30) days
after Lessor has given Lessee written notice setting out in detail
the type and nature of the default or breach, and the failure of
Lessee to cure such default within such thirty (30) day period.
XVI.
Lessor covenants and agrees that Lessee, upon the several
conditions herein set forth and upon payment of the rentals herein
provided, and continued performance of the covenants and agreements
herein contained, shall and may peacefully and quietly have and
occupy the said premises for the term herein set forth.
XVII.
This instrument (including all exhibits which are attached
hereto) constitutes the entire agreement between Lessor and Lessee.
No oral or written representations or promises made by any person
prior to or contemporaneous with the execution of this agreement
shall be binding on either party hereto. This agreement may only be
amended by written instrument signed by both parties.
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ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTE LEASE AGREEMENT
BY AND BETWEEN HARRIS COUNTY. TEXAS. AND THE CITY OF LaPORTE
THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
On this the ,""-t- --p. day of
o~
, 1991, at
a regular meeting of the Commissioners Court of Harris County,
Texas, sitting as the governing body of Harris County, upon motion
of Commissioner ~ seconded by Commissioner
J 0 (! , duly put and carried,
IT IS ORDERED that County Judge Jon Lindsay be, and he is
hereby, authorized to execute for and on behalf of Harris County a
Lease Agreement between Harris County ~nd the City of LaPorte for
the lease of certain premises to be used for a Public Health unit
and/or other lawful purposes, at a rental rate of $1,125.00 per
month, for a period of twelve (12) months, beginning November 1,
1991, said Lease Agreement being incorporated herein by reference
and made a part hereof for all intents and purposes as though fully
set forth herein word for word.
PRESENTED TO
Commissioners COuit
Oate OCT 0 8 1991
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