Ordinance No. 6,122•
920109 -7
ORDINANCE NO. 6122
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A ONE YEAR
LEASE AGREEMENT FOR CERTAIN PROPERTY ON WYE DRIVE FOR A
YEARLY RENTAL OF FIVE HUNDRED AND N01100 ($500.00)
DOLLARS.
WHEREAS, the City of Baytown acquired certain property on
Wye Drive; and
WHEREAS, the City desires to lease the above property; and
WHEREAS, the City Council
such property to be FIVE HUNDRED
year; NOW THEREFORE,
finds that the rental value of
AND NO /100 ($500.00) DOLLARS per
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 Fred Dittman, Jr. at a yearly rate of FIVE HUNDRED
AND NO 1100 ($500.00) 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 9th day of January,
1992.
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IE • • •
ATTEST:
EILEEN P. L, City Clerk
JIMACIO RAMIREZ, SRI, City Attorney
• C:1:80:7
• STATE OF TEXAS S
S LEASE AGREEMENT
COUNTY OF HARRIS S
By this lease, entered into the day of ,
1992, the City of Baytown, herein called LESSOR, demises and lets
to Fred Dittman, Jr., herein called LESSEE, to occupy and use the
real estate located in Harris County, Texas, and described in the
attachment Exhibit NA'v.
I
The term of the lease shall be from the 1st day of January,
1992, to the 31st day of December, 1992.
II
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.
III
LESSEE agrees to pay LESSOR as rent for the above described
property, FIVE HUNDRED AND NO /100 ($500.00) DOLLARS. The payment
is to be paid upon signing of this lease. Said payment shall be
made at City Hall, P.O. Box 424, Baytown, Texas, 77522 -0424 and
directed to the Finance Department.,
IV
It is expressly agreed and understood that the leased
premises shall be used only for the operation of a bail bond
business and this lease only grants] LES'S the pUrface rights to:
said leased premises. L EL s --tell not us the lea premises
for parking or storage of automobiles, boats, campers or other
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items of personal property. Should LESSEE cease using said
leased premises for a bail bond business, then, in such event,
the above described premises shall revert to LESSOR.
V
The leased premises are a portion of an approximately 4.5
acre tract owned by LESSOR, and LESSOR reserves the right to
require LESSEE to move the location of its land premises to an
identically sized tract within the whole property owned by
LESSOR, if the use of the present leased premises conflicts with
LESSORIS use of the whole property. Such new location shall face
on Wye Drive, and shall not be any further east that 70 feet east
of the location of the leased premises as it exists upon the
execution of this lease.
VI
LESSEE agrees that it will not sublet said premises or
assign this lease without the written consent of LESSOR. Consent
for LESSEE to sublet said premises for operation of a bail bond
business to Don Baker is hereby given. Furthermore, there will
be no parking of motorhomes or boats on Wye Drive for any length
of time, especially during court hours.
Viz
LESSEE shall indemnify LESSOR against, arrd�. hold LESSOR
harmless from, all claims, actions, proceedings, damage$;- and
liabilities, including attorney's fees, arising from or connected
with LESSEE'S possession, use, or yrturn� the leased premises. r
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• VIII
LESSEE agrees to pay all personal property taxes assessed
against any improvements placed on said premises by LESSEE and
against any personal property owned by LESSEE located on said
premises.
IX
LESSOR leases the premises above described and LESSEE
accepts said premises for use and occupancy for a lawful purpose
and any use of said premises by LESSEE in violation of any
Statute, Ordinance or Regulation, either Federal, State or
Municipal, shall be in violation of the covenants of this lease;
and LESSEE hereby agrees that if it fails to comply with Federal,
State and Municipal Laws and Regulations, and to keep said
premises in a condition so as not be in violation of any such
laws, LESSOR may, at their option, declare this lease forfeited,
in the manner hereinafter provided.
►
If there is, at any time, any default by the LESSEE in the
performance of any of the covenants, conditions, agreements and
promises contained herein, the LESSOR shall thereupon, at its
option, have the right and privilege, after ten (10) days written
notice to the LESSEE and the default still continuing, to declare
this lease terminated and shall thereupon hAVe the right to-enter
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upon and take possession of the premises.
XI��
No waiver by the LESSq of a breach o an he coyentz is
• and conditions of this oiease shall be construed as being a waiver
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• of any other or succeeding breach of the same of other covenants;
and the acceptance of any one or all of the installments of rent
at any time other than herein provided shall not be a waiver of
the right to insist upon payment of the succeeding installments
hereon the day hereinabove provided for the payment.
XII
LESSEE agrees to promptly surrender the premises to LESSOR
as above provided upon the termination of this lease either by
the expiration of the time or if declared terminated by the
LESSOR for breach of any of the covenants herein.
DATED this day of , 1992.
EILEEN P. HALL, City Clerk
Secretary
S :5:17:18
BOBBY ROUNTREE, City Manager
FRED DITTMAN, JR.
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CONSULTFIO ENONEERs
BUSCH, HUTCHISON & ASSOCIATES, IT
INC. AND ARCNECT6
1 107:LEETW000 ORIVE • RAYTOWN. TEXAS 77520 • PHONE (7131422-8213
3333 EASTS07E. SUITE 260 • HOUSTON. TEXAS 77006 • 1713) ¢23.2367
August 15, 1985
FIELD NOTES: 35' X 50' LEASE EASEMENT
BEING a tract or parcel of land out of the J.W. Singleton Survey, Abstract
Number 407, Harris County, Texas, and being a part of that certain 16.0782 acre
tract of land conveyed by Theo Taylor, et ux to Fred Dittman, Jr. by deed
recorded in Volume 2303, at Page 547, Harris County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at the point of intersection of the East right -of -way l-ine
of North Main Street with the South right -of -way line of Wye Drive;
THENCE North 80 °57'08" East with the South right -of -way line of Wye
Drive a distance of 283.66 feet to the POINT OF BEGINNING:
THENCE continuing North 80 °57'08" East with the South right -of -way
line of Wye Drive a distance of 35.00 feet to a point;
THENCE South 09 002'52" East a distance of 35.00 feet to a point;
THENCE North 09 °02'52" West a distance of 50.00 feet to the POINT
OF BEGINNING enclosing a tract of land containing 0.0402 acres
(1,750 square feet), more or less.
zj&L'14,192
I/Busch, JV
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