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Ordinance No. 5,291890622 -4 ORDINANCE NO. 5291 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A TWO YEAR LEASE AGREEMENT FOR CERTAIN PROPERTY AT NORTH MAIN AND DEFEE STREETS FOR A MONTHLY RENTAL OF ONE HUNDRED AND N01100 ( $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. Section 2: 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 22nd day of June, 1989. METT 0. HUTTO, Mayor ATTEST: EILEEN F. H L, City Clerk ANDALL B.�ST G, Cit ttorney C:1:13:9 THE STATE OF TEXAS LEASE AGREEMENT COUNTY OF HARRIS . By this lease, entered into the day of 1989, 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, 1989, to the 30th day of June, 1991. 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 N01100 ($100.00) DOLLARS. The first payment is to be paid on July 1, 1989, and each subsequent payment is payable on or before the lst day of each month thereafter, during the entire term of said lease. Said payments shall be made at City Hall, P. 0. Box 424, Baytown, Texas 77522 and directed to the Finance Department. If any installment of the rent specified in this lease is not paid by the 10th of the month in which said payment is due, LESSEE shall be required to pay an additional TEN AND N01100 ($10.00) DOLLARS late charge. 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 Commerce. 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 his 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. E,t r.. l- 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 , 1989• EILEEN P. HALL, City Clerk 5:5:17:1 CITY OF BAYTOWN BOBBY ROUNTREE, Acting City Manager ROOSTER'S, INC. LOWELL COX - 2 -