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HomeMy WebLinkAboutO-1978-1136 e . ORDINANCE NO. 1136 . AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY OF LA PORTE FOR AND ON BEHALF OF THE CITY OF LA PORTE TO EXECUTE AND TO AFFIX THIS SEAL OF THE CITY TO AN AGREEMENT OF LEASE BETWEEN THE CITY, AS LESSOR, AND FAIRMONT PARK WEST COMMUNITY IMPROVEMENT ASSOCIATION, INC., AS LESSEE, FOR A PERIOD OF FORTY YEARS, BEGINNING ON THE 1ST DAY OF OCTOBER, 1978, AND ENDING ON THE 30TH DAY OF SEPTEMBER, 2018, FOR A LEASE OF A CITY OF LA PORTE PARK SITE, ACCORDING TO THE TERMS, PROVISIONS, AND CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, FAIRMONT PARK WEST COMMUNITY IMPROVEMENT ASSO- CIATION, INC., a Texas non-profit corporation, desires to lease a City of La Porte park site situated in Section Three (3), Fairmont Park West Subdivision, Harris County, Texas; and e WHEREAS, the CITY OF LA PORTE has agreed with the said FAIRMONT PARK WEST COMMUNITY IMPROVEMENT ASSOCIATION, INC., upon the terms, conditions, and agreements of a lease for a period of forty (40) years, all as therein provided; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. That the Mayor and the City Clerk of the City of La Porte, Texas, be, and they are hereby authorized and directed to execute for and on behalf of said City an agree- ment of lease with Fairmont Park West Community Improvement e Association, Inc., for a period of forty (40) years, beginning October 1, 1978, and ending September 30, 2018, for the lease of a City of La Porte park site in Section Three (3), Fairmont Park West Subdivision, Harris County, Texas, according to the terms, provisions, and conditions contained in such agreement, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. If any section, paragraph, clause, or sen- tence shall be declared void and unenforceable or uncontitu- tional, it is hereby declared to be the intention of the Commission that the remainder of such Ordinance shall remain e in full force and effect. . . Ordinance No. 1136 , Page 2. e Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. day of October , PASSED AND APPROVED this the 18 1978. CITY OF LA PORTE ~~ J. ~~y;t - ATTEST: c~~/~J . APP~u) ~ City Attorney . . - - e ,. /' .. . It ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIRECTING THE..MAYOR. AND THE CITY CLERK OF THE CITY OF LA PORTE FOR AND ON BEHALF OF THE CITY OF LA PORTE TO EXECUTE AND TO AFFIX THIS SEAL OF THE CITY TO AN AGREEMENT OF LEASE BETWEEN THE CITY, AS LESSOR, AND FAlm-l0NT PARK NEST COMMUNITY H1PROVEr-1ENT ASSOCIATION, INC., AS LESSEE, FOR A PERIOD OF FORTY YEARS, BEGINNING ON THE 1ST DAY OF OCTOBER, 1978, AND ENDING ON THE 30TH DAY OF SEPTEMBER, 2018, FOR A LEASE OF A CITY OF LA PORTE PARK SITE, ACCORDING TO THE TERMS, PROVISIONS, AND CONDITIONS CONTAINED IN,SAID AGREEMENT, A COpy OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, FAIRMONT PARK WEST COMMUNITY IMPROVEMENT ASSO~ CIATION, INC., a Texas non-profit corporation, desires to lease a City of La Porte park site situated in Section Three (3), Fairmont Park West Subdivision, Harris County, Texas; and" WHEREAS, the CITY OF LA PORTE has agreed with the said FAIRMONT PARK WEST CO~1UNITY IMPROVEMENT ASSOCIATION, INC., upon the terms, conditions, and agreements of a lease for a period of forty (40) years, all as therein provided; NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~~ISSION OF THE CITY OF LA PORTE: Section 1. That the Mayor and the City Clerk of the City of La Porte, Texas, be, and they are hereby authorized and directed to execute for and on "behalf of said City an agree- ment of lease with Fairmont Park West Community Improvement Association, Inc., for a period of forty (40) years, beginning October 1, 1978, and ending September 30, 2018, for the lease of a City of La Porte park site in Section Three (3), Fairmont Park West Subdivision, Harris County, Te~as, according to the terms, provisions, and conditions contained in such agreement, a copy of which is attached hereto, incorporated by referenc~ herein, and made a part hereof for all purposes. Section 2. If any section, paragraph, clause, or' sen- tence shall be declared void and unenforceable or uncontitu- tional, it is hereby declared to be the intention of the. Commission that the remainder of such Ordinance shall remain ~n full forc~ and 'effect. e - e . ? ", e Ordinance No. . , Page 2. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of 1978. ATTEST: " CITY OF LA PORTE ,By J. J. Meza, Mayor City Clerk . APPROVED: ~u) City Attorney e e. e . .~ . e THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ KNOW ALL MEN BY THESE PRESENTS: This Agreement of Lease, made the 1st day of October, 1978, by and between the CITY OF LA PORTE, a municipal cor- poration, Harris County, Texas, hereinafter called LESSOR, and FAIRMONT PARK WEST COMMUNITY IMPROVEMENT ASSOCIATION, INC., a Texas non-profit corporation having its principal office in Harris County, Texas, hereinafter called LESSEE, WIT N E SSE T H: That the Parties hereto, for and in consideration of the premises, and the rents, covenants and agreements contained herein, agree as follows: I. LESSOR hereby leases and rents to LESSEE, the following described tract of land, hereinafter referred to simply as "Park," and being more particularly described as follows, to-wit: That certain lot, tract, or parcel of land, knmvn as "Reserve 'A'," containing 1.162 acres, more or less, as shown on the Plat of Section Three (3), FAIRMONT PARK WEST, as recorded in Volume' 270, Page 63, of the' Map Records of Harris County, Texas, refer- ence to which is here made for all purposes. II,. . The term of this lease is for a period beginning on the 1st day of October, 1978, and ending on the 30th day of September, 2018. Upon the expiration date of this lease, no notice to quit possession shall be necessary, and LESSEE covenants to peaceably surrender possession of th~ premises to LESSOR on that date. III. As rent for the use and,occupancy of the leased premises, LESSEE hereby agrees, binds and obligates itself to pay unto LESSOR th~ total" s~m of Forty Dollars ($40.06); 'in ~dvance upon the execution hereof, representing an annual rental of One Dollar ($1.00), payable "in advance for the entire lease term. . . . . ~ . e -2- I.V. LESSEE shall not have the right to sell or assign this lease, or to sublet the leased premises, or any part thereof. V. This lease is entered into pursuant to the autho~ity of City of La Porte Ordinance No. 70S-I, passed and approved by the City Commission of the City of La Porte on the 20th day of September, 1978. LESSEE certifies that it is a duly qualified homeowner's association, which meets the minimum standards promulgated by the United States Department of Housing and Urban Develop- ment', for qualification for FHA and/or VA loans; and that it has been incorporated as a Texas non-profit corporation. LESSOR leases the demised premises to LESSEE, for operation by LESSEE aS,a park and recreation area, for the recreation of residents and their guests of Sections Two (2), Three (3), Four (4), and future Section Five (5), all in Fairmont Park West, all being subdivisions in the W. M. Jones Survey, A-482, Harris County, Texas, according to the respect- ive maps or plats thereof which have been filed, or which hereafter may be filed, in the office of the County Clerk of Harris County, Texas, reference to which is here made for all purposes. Section Two (2) has One Hundred Seventy-two (172) build- ing sites; Section Three (3) has Two Hundred Twenty-five (225) building sites; Section Four (4) has Two Eundred Twenty-two (222) building sites; and Section Five (5) will, when developed, have approximately One Hundred Fifty-three (153) building sites. VI. LESSEE shall not place or s~ffer any Deed of Trust, Mortgage, Mechanic's, or any' other type of lien, on the demised premises, or upon the permanent improvements thereon erected, and any' p'erson, firm or corpora'tion 'ma"king" any loans e e -3- or advances to LESSEE, for such improvements~ 'snaIl look . solely to the revenues of LESSEE for the retirement of any such indebtedness by LESSEE. VII. LESSOR reserves the right, from time to time, acting by and through its City Commission, to establish minimum standards for the type and quality of facilities to be erected by LESSEE on the demised premises, and for the maintenance thereof, and for the staffing of such facilities; providing minimum ratios of ~l street parking, based u~on the amount of acreage in the demised premises; and such other . matters regarding the health, welfare, and safety, of the persons utilizing such facilities as the City Commission in its discretion may from time to time promulgate. Nothing contained in this lease shall be construed as a restriction upon the power of the City Commission of the City of La Porte, from time to time to promulgate, by Ordinapce, such reason- able rules and regulations concerning the maintenance, oper- ation, health, safety and welfare of the park facility herein demised, and of the persons utilizing the same. VIII. Ordinance No. 705-1 of the City of La Porte, together . with Exhibit "A" attached thereto, containing the current minimum standards of the united States Department of Housing and Urban Development, for homeowner's associations, are hereby incorporated by reference in this lease, and made a part hereof for all purposes. IX. LESSEE shall be obligated to ~aintain its leased premises in a good state of repair and neat appearance, and keep the grass mowed at all times. LESSEE shall provide adequate refuse containers on the demised premises, and . regularly deposit the contents of same into such refuse con- tainers as may be required by the LESSOR, from ti.me to time, e e -4- . or py such independ~nt contractor as may se~~e, tp~ a~ea, i~ the general area in which the demised premises is located is not provided refuse collection service by LESSOR. LESSEE shall provide necessary permanent sanitary facilities, telephone, and other services that may be required to protect ,- the health, welfare, and safety of LESSEE'S patrons. X. LESSEE agrees to obtain and maintain at its sole cost and expense, public liability insurance and property damage insurance on the leased premises to protect LESSOR and LESSEE against all loss or damage, from the claims of all persons who may be in or on these premises by the invitation, consent or , sufferance of LESSEE. Such public liability insurance shall have minimum bodily injury limits of One Hundred Thousand Dollars ($100,000) for each person and Three Hundred Thousand Dollars ($300,000) for each accident, and property damage limits of One Hundred Thousand Dollars ($100,000) for each accident with respect to any accident occurring on the leased premises. LESSEE shall furnish LESSOR certificates of all insurance coverage. XI. LESSEE shall use due care and diligence in all activi- - . ties and .operations on the premises, and will indemnify and save harmless from any liabilities, loss, costs or other expense of any nature. LESSEE shall give LESSOR immediate notice of any matter covered hereby and shall forward to LESSEE every demand, notice, summons or other process received in any claim or legal proceeding covered hereby. XII. In case of bankruptcy or insolvency on the part of LESSEE, or in case of any receiver being appointed to take charge of the property, or any portion of the property of LESSEE, in or upon the premises hereby leased, then and in . . e -5- such even~ ,the LES$OR may, at its option, declare this lease e to be terminated or forfeited by the LESSEE; and LESSOR shall . be entitled in such event to the immediate possession of such premises and no receiver, trustee in bankruptcy, or assigns for the benefit of creditors shall acquire in any such case any of the rights of the LESSEE hereunder; the landlord's lien, however, in such event, shall not cease and the liability of the LESSEE for the damages on account of breach of any obligation to be performed by the LESSEE under the terms of this lease shall continue and remain in full force and effect. XIII. Failure on the part of the LESSEE to perform any of the . terms, agreements, conditions and covenants imposed by this lease shall, at the option of the LESSOR, cancel the lease and all rights of LESSEE shall be thereupon terminated and all buildings and permanent improvements placed on said Park by LESSEE shall become the property of the LESSOR; provided, however, LESSEE shall have sixty (60) days written notice from LESSOR in which to correct any default before cancel- lation. In the event that LESSEE fails to correct any such default during such sixty (60) day period, LESSOR, its agents or attorneys, shall have the right 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, its agents or attorneys, may resume possession of the, premises and re-Iet the same for the remainder of the term for the best rental it may obtain, for account of LESSEE, which shall make good any deficiency. The failure of the LESSOR to insist in any one or more instances upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or condition. .'. e e . -6- XIV. Upon the termination of this lease, 'it is understood and agreed between the parties that any permanent improvements erected on the leased premises by LESSEE shall be the property of LESSOR. , . XV. LESSOR covenants that LESSOR has good right and lawful authority to execute this Lease, that throughout the term hereof LESSEE shall have, hold and enjoy peaceful and uninter- rupted possession of all of the premises hereby leased and granted, subject always t~ the performance of the covenants, as herein provided to be paid and performed by LESSEE. XVI. Notices provided for in this Lease shall be sufficient if sent by registered mail, postage prepaid, addressed, if to LESSOR, to the City of La Porte, 604 W. Fairmont Parkway, Attention: Mayor, La Porte, Texas; and, if to LESSEE, to its registered agent, Eddie V. Gray, 707 Memorial Drive, Bay town , Texas 77520, or to such other respective addresses as the Parties hereto may designate in writing from time to time. . XVII. Nothing in this Lease contained shall be construed as requiring LESSEE to allow the use 9f the demised premises by persons other than the lawful residents of the said Sections Two (2), Three (3), Four (4), and Five (5), Fairmont Park West Subdivisions, Harris County, Texas, and their invitees. However, members of the Association and their invitees shall be entitled to use of such facility on a non-discriminatory basis, subject to the reasonable rules and regulations of LESSEE. , XVIII. All references herein contained to LESSOR and to LESSEE, shall be deemea" to include the. successors, assigns, and legal representatives of each. e e -7- IN WITNESS WHEREOF, the Parties hereto have "hereunto . signed and sealed this instrument in several duplicate originals, this the 1st day of October, 1978. CITY OF LA PORTE (LESSOR) .. By J. J. Meza, Mayor ATTEST: City Clerk e. FAIRMONT PARK WEST COMMUNITY IMPROVEMENT ASSOCIATION, INC. (LESSEE) By Eddie V. Gray, President ATTEST: Secretary THE STATE OF TEXAS S S COUNTY OF HARR~S S BEFORE ME, the undersign~d authority, on this day person- . ally appeared J. J. MEZA, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to, me that he executed the same for the purposes and consider- ation therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , A.D. 1978. Notary Public in and for Harris County, Texas . .' e e -8- . THE STATE OF TEXAS ~ S 'COUNTY OF HARRIS S .. . .. BEFORE ME, the undersigned authority, on this day person- ally appeared EDDIE V. GRAY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consider- ation therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the' day of , A.D. 1978. Notary Public in and for Harris County, Texas . . . ~