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Ordinance No. 6,731930812 -17 ORDINANCE NO. 6731 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A LEASE AGREEMENT WITH ROOSTER'S, INC. FOR CERTAIN PROPERTY AT NORTH MAIN AND DEFEE STREETS FOR A MONTHLY RENTAL OF ONE HUNDRED AND N01100 DOLLARS ($100.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to a Lease Agreement with Rooster's, Inc. for certain property at North Main and Defee Streets for a monthly rental of ONE HUNDRED AND N01100 DOLLARS ($100.00). 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 and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 12th day of August, 1993. PETE C. AL O, Mayor ATTEST: TLEEN P..11ALL, City Clerk ACIO RAM REZ, ., City Attorney • kjWmwW8- 12.93A0REEW0d6: STATE OF TEXAS S • § LEASE AGREEMENT COUNTY OF HARRIS S By this lease, entered into the day of , 19__'j 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, HARRIS COUNTY The term of the lease shall be from the 1st day of July, 1993 to the 30th day of June, 1995. 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 DOLLARS ($100.00). The first payment is to be paid on July 1, 1993,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. 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 DOLLARS ($10.00) 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. Should LESSEE cease using said leased premises for a parking • lot, then, in such event, the above described premises shall revert to LESSOR. rwaff A 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 leased 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 , 19_ ATTEST: EILEEN P. HALL, City Clerk f 0:4:T"q s 2 CITY OF BAYTOWN BOBBY ROUNTREE, City Manager ROOSTER'S, INC. LOWELL COX STATE OF TEXAS § § LEASE AGREEMENT COUNTY OF HARRIS § B this lease entered into the �� day of 1 , Y , the City of Baytown, acting for itself and as Trust'e ! , 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 re 1 estate located in Harris County, Texas, described as follows, to-wit: LOTS 17 AND 18, PRUETT RAILROAD, BAYTOWN, HARRIS COUNTY The term of the lease shall be from the 1st day of July, 1993 to the 30th day of June, 1995. 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 N0/100 DOLLARS ($100, 00) .o The first payment is to be paid on July 1, 19 9 3 ,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. 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 loth of the month in which said payment is due, LESSEE shall be required to pay an additional TEN AND N0/100 DOLLARS ($10. 00) 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. 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 leased 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 12. day of , 19 CITY OF BAYTOWN BOBBY ROUN REE, City Manager ATTEST: EILEEN P. HALL, City Clerk ROOSTER'S, INC. LOWE L COX legal/contracts/ROOSTERS 2