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Ordinance No. 2,457ORDINANCE NO. 2457 80427 -6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A LEASE AGREEMENT WITH EXXON COMPANY, U.S.A. FOR RADIO EQUIPMENT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to a lease agreement with Exxon Company, U.S.A. for radio equipment. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That this ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this 27th day of Argil 1978. T 0. H TT , Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: SCOTT BOUNDS, City Attorney 8(7 -6a E X H I B I T "A" 8 7 -6b Contract A -UO- 0685 -A THE STATE OF TEXAS LEASE AGREEMENT COUNTY OF HARRIS -1* f This AGREEMENT OF LEASE made by and between EXXON COMPANY, U.S.A., hereinafter called "Lessor," and the CITY OF BAYTOWN, acting by and through its duly qualified officers, hereinafter called "Lessee," W I T N E S S E T H: In consideration of the convenants and agreements hereinafter contained, to be kept and performed, Lessor has leased and hereby leases unto the said Lessee the following equipment, to -wit: year. One (1) Radio Location Unit; MPH Industries, Incorporated; Model K -55; Type No. A -06- 000011. I. Lessee agrees to pay Lessor a lease rental of one ($1) dollar per Ii. Lessor will keep said equipment in good operative condition and will, at his own cost and expense, maintain and repair said equipment, including the replacement of any and /or all parts so requiring replacement during the term of this AGREEMENT. III. Lessor will protect and hold Lessee harmless against any and all losses or damages to the equipment caused by any casualty, and will indemnify Lessee against any and all liabilities, claims and demands of any and all persons for damages arising out of the location, condition or use of said equipment, whether in actual operation or not while the equipment is in possession of Lessee. IV. Lessor will, at all times, permit Lessee such access to and control of said equipment as will enable Lessee to discharge its responsibilities under applicable laws and regulations. V. This LEASE AGREEMENT shall be for a period of one (1) year effective May 1, 1978, and shall be renewed automatically for one -(1) year terms, provided, however, that either party may terminate this AGREEMENT upon thirty (30) days notice to the other party. If the Lease is terminated, Lessor shall have the right to enter and retake possession of said equipment. 80427 -6c IN TESTIMONY WHEREOF, the parties have hereunto set their hands this the day of , 1978. ATTEST: zz 4 P: �-Y- /,�/7� GH7 iY T...-.. Not-art Pub9c in a -di f : f; a ; C:):inbi, Tekdg _, ATTEST: EILEEN P. HALL, City Clerk APPROVED: SCOTT BOUNDS, City Attorney -2- EXXON COMPANY, U.S.A., Lessor CITY OF BAYTOWN, Lessee By FRITZ LANHAM, City Manager 11 Contract A-00-0685-A THE STATE OF TEXAS ( LEASE AGREEMENT COUNTY OF HARRIS This AGREEMENT OF LEASE made by and between EXXON COMPANY, U.S.A. , hereinafter called "Lessor," and the CITY OF BAYTOWN, acting by and through its duly qualified officers, hereinafter called "Lessee," WITNESSET H: In consideration of the convenants and agreements hereinafter contained, to be kept and performed, Lessor has leased and hereby leases unto the said Lessee the following equipment, to-wit: One (1) Radio Location Unit; MPH Industries, Incorporated; Model K-55; Type No. A-06-000011. I. Lessee agrees to pay Lessor a lease rental of one ($1) dollar per year. II. Lessor will keep said equipment in good operative condition and will, at his own cost and expense, maintain and repair said equipment, including the replacement of any and/or all parts so requiring replacement during the term of this AGREEMENT. III. Lessor will protect and hold Lessee harmless against any and all losses or damages to the equipment caused by any casualty, and will indemnify Lessee against any and all liabilities, claims and demands of any and all persons for damages arising out of the location, condition or use of said equipment, whether in actual operation or not while the equipment is in possession of Lessee. IV. Lessor will, at all times, permit Lessee such access to and control of said equipment as will enable Lessee to discharge its responsibilities under applicable laws and regulations. V. This LEASE AGREEMENT shall be for a period of one (1) year effective May 1, 1978, and shall be renewed automatically for one-(1) year terms, provided, however, that either party may terminate this AGREEMENT upon thirty (30) days notice to the other party. If the Lease is terminated, Lessor shall have the right to enter and retake possession of said equipment. 411 11. IN TESTIMONY WHEREOF, the parties have hereunto set their hands this the ()? J day of , 1978. . EXXON COMPANY, U.S.A. , Lessor By , (,( - /1iL>�is-�� � Pi;0VED ATTEST: • a CITY OF BAYTOWN, Lessee BETTY T. L"R GHT Notary Public in.and for Harris County,Texas By MI Commission Expires .lane 1, 1911... FRITZ , City Manager ATTEST: p EILEEN P.. HALL, City Clerk APPROVED: COTT OUNDS, City Attorney -2-