Ordinance No. 3,038C)�i -IL 24 -7
ORD T N A NC E W<:>- :340:3S
A N O RD I NAN C E AUT H O R Z I N G AND D S R E C T I N G T i-1 E MAYOR O ]Ll'
T H E C I T Y O F S AY TOW N TO E XE CUT E A ND THE C I T Y C L E RK -P<:>
A TTE S T TO A LEAS E A GR EEME NT W = TH EXXON CORPO RA T ON i A ND
PROVIEDTNG FOR DATE HEREOF _
F3E T T ORD A S I�T IF; D SY TF3E C I TY COUNC S L OF THE C T TY OF
8 A YT OWN
Sectiora i = That the City Co -Lx racii o£ tlae City of
Baytown Yaereby autriorizes grad directs the Mayor and Citrk of the City aytown to execute --I-, x-x cl attest to a
leasc agreemerat witri EXXON CC7RPORAT3E OI�T for real property to
be used as a public p�rl� _ A copy of said Agreement is
ex- tta theca hereto marked as Exhibit ,•E3•, and made a part
hcrco::F for al l ir-x rat S grad pur Icy os-eS
Sectior2 2 = That tvaj- ordinance sYaaZ1 tape e7:r -E ect :E rrs
and of to it s p--x usage _
=I%TTFd.ODLJCED READ anti PASSED by tYaB fa, :E :E irmat ive vot e o t
the City Council of the City of Saytowra this 24th day of
Noverrtber 19S0
xu 1 1 V s SVlayor
P i S'EST =
A�'gROVED
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D R A F T
SURFACE LEASE
THE STATE OF TEXAS I
COUNTY OF HARRIS I
File No. 60921
Exxon Fee 303446
This lease agreement made and entered into this the day of , 1980,
by and between EXXON CORPORATION, hereinafter called "Lessor," and THE CITY OF
BAYTOWN, TEXAS, hereinafter called "Lessee,"
WITNESSETH:
I.
Lessor, in consideration of the rental herein reserved and other covenants
and agreements herein contained, has leased, demised, and rented, and does hereby
lease, demise, and rent unto Lessee, for the purposes and during the term hereinafter
specified, the following described real property situated in Harris County, Texas,
which is sometimes hereinafter referred to as "Leased Premises:"
Commencing at the northwest corner of the William Scott Upper League A -66, being
also the southwest corner of the Harvey Whiting Survey A -840:
Thence, South 33028'26" Fast, 1014.13 feet, using Exxon Baytown Refinery grid
system as basis of all bearings for tract herein described;
Thence, South 78055'13" west, 187.75 feet to the POINT OF BEGINNING and the
northeast corner of said tract;
Thence, South 10054'04" East 510.20 feet to the southeast corner of said tract;
Thence South 78055'04" West, 510.20 feet to the northwest corner of said tract;
Thence, North 78055 "13" East, 775 feet to the POINT OF BEGINNING, containing
9.077 acres.
II.
The terms of this lease shall be for a primary term of fifteen (15) years
effective January 31, 1981, unless sooner terminated in accordance with the terms
hereof.
III.
The above described 9.077 acre tract of land is hereby leased to Lessee for the
purposes of using the same for any and all purposes in any way related to a public
park; however, said use shall in no way interfere with or restrict Lessor's use of
adjacent property. In connection therewith, Lessee shall be privileged and is herebv
granted the full right and authority to go upon the Leased Premises and to erect thereon
such park facilities in, on or under the Leased Premises In order to use the Leased
Premises for such purposes stated above.
IV.
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In consideration for this lease Lessee agrees to pay Lessor the annual rental
equal to the sum total of all ad valorem taxes and any other fees or taxes levied on
the Leased Premises for the year preceeding the current lease year, the first install-
ment to be paid in cash effective January 31, 1981. The remaining payments shall
be made in advance on or before one (1) year from January 1, 1981 and annually each
year during the term of this lease to Lessor either in person or mailed to Lessor
at Lessor's address herein or at such other address as Lessor may hereafter from time
to time designate in writing to Lessee.
V.
At any time within three (3) months after the terminaton of this lease in
whatever way this may be brought about or at any time during the continuance hereof,
Lessee shall have the right to remove any and all structures, improvements, fences,
materials and equipment of whatsoever nature that may be placed in, on, under and
upon said Leased Premises by it, all of which shall belong to and remain the
property of Lessee and shall in no event be considered and construed as fixtures upon
the Leased Premises.
VI.
Lessor or Lessee shall have the privilege of terminating this lease upon one
(1) year's written notice to either Lessor or Lessee of its intentions so to terminate
said lease and of the date it desires such termination to be effective. In the event
of such termination, the rental paid in advance as provided for in Paragraph IV, shall
be prorated to reflect the unused portion of the lease year in which termination occurs
and shall be returned to Lessee by Lessor. At the termination of this lease in what-
ever way this may be brought about, Lessee shall surrender said Leased Premises to
Lessor in as good condition as same shall be at the commencement of this lease.
VII.
If during the term of this lease Lessee shall after ten (10) days' notice of
any breach of any of its obligations under this agreement, be in breach or default
therein, Lessor may declare this lease at an end and the same thereupon terminate
and Lessor shall have the right to enter and take possession of the Leased Premises.
In the event of such termination, no part of the rental paid in cash as aforesaid
shall be returned to Lessee by Lessor.
Mi.
Lessee hereby agrees to protect, indemnify and save Lessor harmless from any
against any and all claims, demands and causes of action of every kind and character
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arising in favor of any person whomsoever on account of injury to or death of persons
of damaged property which may in any way result from, grow out of or arising in
connection with exercising the rights granted hereinunder save and except only
such injury, death or damage as may result solely from the negligence of Lessor.
IX.
It is agreed that the Surface Lease granted herein is subject to all existing
easements and rights heretofore granted by Lessor or its predecessors in title and
the rights created thereby.
Lessee shall bear the cost of all the taxes, if any, attributal to improvements
constructed on the Leased Premises by Lessee.
XT.
Lessor is presently maintaining and operating facilities on properties adjacent
to the Leased Premises, and Lessee hereby agrees to perform such maintenance, repair
and painting of the facilities to be constructed on the Leased Premises so that such
facilities will be maintained in a satisfactory appearance.
XII.
This lease agreement shall not be transferred, subleased or assigned in whole
or in part by Lessee without the prior written consent of Lessor.
XIII.
Lessee agrees at its own expense to erect and maintain an adequate fence between
the Leased Premises and Lessor's adjacent property.
XIY.
For the purposes of paying rent and giving notices hereunder, the addresses
of the parties hereto are as follows:
Exxon Corporation
p. 0. Box 3950
Baytown, TX.
Attention: Public Relations Department Head
The City of Baytown, Texas
P. 0. Box 424
Baytown, TX.
Attention: Parks and Recreation Director
IN WITNESS WHEREOF, the parties have executed this agreement on this date as
evidenced by their certificates of acknowledgement hereof.
ATTEST:
BY
Title:
EXXON CORPORATION
By
Agent & Attorney in Fact Lessor
THE CITY OF BAYTOWN, TEXAS
By
Mayor Lessee
u
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THE STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed
to the foregoing instrument as Agent and Attorney in Fact of EXXON CORPORATION and
acknowledged to me that he executed the same for the purposes and consideration
expressed therein and as the act and deed of EXXON CORPORATION.
Given under my hand and seal of office, this the day of , 1980.
Notary Public in and for
Harris County, Texas
My commission expires:
THE STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed
to the foregoing instrument as Mayor of THE CITY OF BAYTOWN, TEXAS, and
acknowledged to me that he executed the same for the purposes and consideration
expressed therein and as the act and deed of THE CITY OF BAYTOWN, TEXAS.
Given under my hand and seal of office, this the day of , 1980.
Notary Public in and for
Harris County, Texas
My commission expires:
I