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Ordinance No. 4,18750527 -8 ORDINANCE NO. 4187 AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ATTEST TO A TWO YEAR LEASE AGREEMENT FOR CERTAIN PROPERTY AT NORTH MAIN AND DEFEE STREETS ON A MONTH -TO -MONTH BASIS FOR A MONTHLY RENTAL OF ONE HUNDRED AND NO/100 ($100.00) DOLLARS. WHEREAS, the City of Baytown, as Trustee, acquired certain property at North Main and Defee Streets by tax foreclosure sale; and WHEREAS, the City desires to lease the above property; and WHEREAS, the City Council finds that the rental value of such property to be ONE HUNDRED AND NO/100 ($100.00) DOLLARS per month; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Manager and City Clerk are hereby authorized and directed to execute and attest to a lease agreement (attached hereto as Exhibit "A") between the City of Baytown and Rooster's, Inc., at a monthly rate of ONE HUNDRED AND NO /100 ($100.00) DOLLARS. This ordinance shall take effect immediately 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 the 27th day of June, 1985. FF ATTEST: EILEEN P. HALL, City Clerk APPROVED: ANDALL B. STR G, Cit torney 50627 -8a THE STATE OF TEXAS § § LEASE ACREENENT CO.NTY OF HiARR I S § By this lease, entered into the day of 1985, the City of Baytown, acting for itself and as Trustee, for Harris County, the state of Texas, and Goose Creek Consolidated Independent School District, herein called LESSOR, demises and lets to Rooster's, Inc., herein called LESSEE, to occupy and use the following real estate located in Harris County, Texas, described as follows, to -wit: Lots 17 and 18, Pruett Railroad, Baytown, Texas The term of the lease shall be from the 1st day of July, 1985, to the 30th day of June, 1987. The provisions of this Lease shall be binding on the heirs, executors, administrators and assigns of both LESSOR and LESSEE in like manner as upon the original parties, unless modified by mutual agreement. LESSEE agrees to pay LESSOR, as rent for the above described property, monthly payments of ONE HUNDRED AND NO /100 ($100.00) DOLLARS. The first payment is to be paid on July 1, 1985, and each subsequent payment is payable on or before the 1st day of each month thereafter, during the entire term of said lease. Said payments shall be made at City Hall, P. O. Box 424, Baytown, Texas 7752D and directed to the Finance Department. It is expressly agreed and understood that the I e a s e d premises shall be used as parking area only and this lease only grants LESSEE the surface rights to said leased premises. It is also expressly agreed and understood that the LESSEE shall provide three permanent parking spaces for use by the Chamber of Con-me r c e . 50627 -8b LESSEE agrees to maintain the leased premises in such a manner as to minimize dust arising from the surface of the said leased premises. LESSEE is hereby granted permission to surface said premises, at its own cost and expense, with asphaltic concrete or other substance approved by LESSOR. LESSEE also agrees that it will not sublet said premises without the written consent of LESSOR. Should LESSEE cease using said leased premises for a parking lot, then, in such event, the above described premises shall revert to LESSOR. LESSEE shall indemnify LESSOR against, and hold LESSOR harmless from, all claims, actions, proceedings, damages, and liabilities, including attorney's fees, arising from or connected with LESSEE's possession, use, or return of the lease premises. 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 in advance. DATED this the day of , 1985. FRITZ OMAM, City Manager E LEEN P. HALL, City Clerk ROOSTER'S, INC. Secretary v THE STATE OF TEXAS § § LEASE AGREEMENT COUNTY OF HARRIS § By this lease , entered into the day of 1985 , the City of Baytown , acting for itself and as Tr tee , for Harris County , the state of Texas , and Goose Creek Consolidated Independent School District , herein called LESSOR , demises and lets to Rooster ' s , Inc . , herein called LESSEE , to occupy and use the following real estate located in Harris County , Texas , described as follows , to-wit : Lots 17 and 18 , Pruett Railroad , Baytown , Texas The term of the lease shall be from the 1st day of July , 1985 , to the 30th day of June , 1987 . The provisions of this Lease shall be binding on the heirs , executors , administrators and assigns of both LESSOR and LESSEE in like manner as upon the original parties , unless modified by mutual agreement . LESSEE agrees to pay LESSOR , as rent for the above described property , monthly payments of ONE HUNDRED AND NO/ 100 ( $100 . 00 ) DOLLARS . The first payment is to be paid on July 1 , 1985 , and each subsequent payment is payable on or before the 1st day of each month thereafter , during the entire term of said lease. Said payments shall be made at City Hall , P . O. Box 424 , Baytown , Texas 77520 and directed to the Finance Department . It is expressly agreed and understood that the leased premises shall be used as parking area only and this lease only grants LESSEE the surface rights to said leased premises . It is also expressly agreed and understood that the LESSEE shall provide three permanent parking spaces for use by the Chamber of Corrmerce . 1 LESSEE agrees to maintain the leased premises in such a manner as to minimize dust arising from the surface of the said leased premises . LESSEE is hereby granted permission to surface said premises , at its own cost and expense , with asphaltic concrete or other substance approved by LESSOR. LESSEE also agrees that it will not sublet said premises without the written consent of LESSOR. Should LESSEE cease using said leased premises for a parking lot , then , in such event , the above described premises shall revert to LESSOR. LESSEE shall indemnify LESSOR against , and hold LESSOR harmless from, all claims , actions , proceedings , damages , and liabilities , including attorney ' s fees , arising from or connected with LESSEE ' s possession, use , or return of the lease premises * 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 in advance. DATED this t h e d a y of , 1985. RITZ L AM, C ty Manager EILEEN P. HALL, City Clerk ROOSTER' S , INC. ecretary