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Ordinance No. 3,815a • ORDINANCE NO. 3815 AN ORDINANCE AUTHORIZING AND DIRECTM THE MAYUR TO EXECUTE AND THE CITY CLERIC TO ATTEST TO A LEASE AGREEMENT WITH FIRST AMERICAN BANK AND TRUST OF BAYT ©ICI FOR THE LEASE OF CERTAIN PROPERTY IN BAYTOW * AND PROVIDM FOR THE EFFECTIVE DATE HEREOF. TEXAS: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOW4, T G XAS:: Section l: That the City Council of the City of Baytown, Texas, hereby approves a Lease Agreement with Hirst American Bank and Trust of Baytown and authorizes the Mayor and City Clerk of the City of Baytown to execute and attest to said Lease Agreement for the lease of certain property in Baytown. A copy of said agreement is attached hereto, marked Exhibit "A ", and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its Passage by the City Council of the City of Baytown. INTRODUCED, READ aid PASSED by the affirmative vote of the City Council of the City of Baytown, this the 22nd day of March, 1984. aIr77T M PMLL, City Clerk APPROVED: E E v 40322 -14a M E STATE OF TEXAS § tm+RRI S §� LEASE A[�iEpvp�COUNTY OF HA This Lease Agreement is made and entered into by and between the City of Baytown, a Municipal Corporation, acting herein by and through its duly authorized officers, and hereinafter referred to as LESSOR, and the First American Bank and Trust of - Baytown, acting herein by and through it proper officers, hereinafter referred to as LESSEE: WI THE SSETH: I $r That LESSOR hereby leases and lets unto LESSEE the following described tracts of land, to -wit: s TRACT A BEING a parcel of land out of the right -of -way of Decker Drive in the City of Baytown, described as follows: CONNENCING at the point of intersection of the North right -of -way line of West Texas Avenue with the West right -of -way line of Decker Drive; THENCE in a Northerly direction with the West right -of -way line of Decker Drive with a curve to the left having a radius of 367.29 feet, a curvilinear distance of 71.00 feet to a point; THENCE South 81 °51• East a distance of 15.50 feet to the POINT OF BEGINNING; THENCE North 08 009' East with the West line of this parcel a distance of 10.00 feet to a point; THENCE South 81 °51' East with the North line of this parcel a distance of 27.00 feet to a point; THENCE South 08009' West with the East line of this parcel a distance of 10.00 feet to a point; THENCE North 81 051' West with the South line of this parcel a distance of 27.00 feet to the POINT OF BEGINNING enclosing a parcel of land containing 270 square feet, more or less. TRACT B A one foot by eight foot rectangle on which an existing "Quicksilver" sign is located, said tract being north of Tract "A." 1 It v C] �l I L' v • E 40322 -14b II The ,term of this lease is for one (1) year, beginning with the first day of April, 1984, and ending with the 31st of March, 1985. LESSEE agrees to pay to the City of Baytown, as rent for said premises, the sum of EIGHTY FOUR AND ND /100 (=84.00) lXXLARS per year. The LESSOR agrees that LESSEE shall have and is hereby granted ten (10) successive options to extend the term of this lease for one (1) year on each such option, such extended term to begin respectively upon the expiration of the term of this lease. Payment is due in advance on April 1 of each year, and such advance payment shall act to extend this lease for the option period. III It is expressly agreed and understood that the leased premises shall be used only for placement of a sign for LESSEE, and that this lease only grants LESSEE the surface rights to said leased premises. LESSEE also agrees that should it become necessary to alter or repair any utilities situated beneath any improvements constructed upon the leased premises, LESSOR shall have the right to do so and LESSOR shall not bear any of the expenses associated with restoration of such improvements to their original condition. LESSEE further agrees that it will not sublet said premises without the written consent of LESSOR. IY LESSEE covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the CITY OF BAYTOV", its agents, servants or employees, from and against any and all claims for- damage or injuries to persons or property of whatsoever kind or character, whether real or asserted, arising out of or incident to the lease and /or use of the above described property and all other operations arising under or otherwise incident to the provisions of this lease. LESSEE hereby assumes all liability and responsibility for injuries, claims or suits for damages to person or property, of whatever kind or character, `i Ll C C. n •t :1032j -'A whether real or asserted, occurring during the term of this agreement, arising Out of or by reason of the lease and/or use of the above described property and all other operations arising under or otherwise incident to the provisions of this lease. V Should LESSEE cease using said leased Premises for placement T of its sign, then, in such event, the above described premises t.; shall revert to LESSOR. VI In the event either party shall wish to terminate this lease, notice thereof, in writing shall be given to the other party, thirty (30) days before the end of the lease year. IN TESTdiIY VM-EREOP, witness our hand this day f' of , 1984. 4" CITY OF BAYMMN, LESSOR By s yor ATTEST: , rty Clerk ATTEST: • jEM VW TFI L09 Cashier M FIRST MAE RIC ON BANK A1,0 TRUST OF BAYTOIN By R. D. EVANS, Preside nt 11