Ordinance No. 7,947970410 -3
ORDINANCE NO. 7947
• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO THE RENEWAL OF A
LEASE AGREEMENT WITH ROOSTER'S, INC.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown and Rooster's, Inc., did enter into a Lease Agreement on
June 18, 1979, and such Agreement was last renewed on August 17, 1993; and
WHEREAS, the City Council of the City of Baytown, Texas, wishes to renew such Lease
Agreement for the purpose of providing additional parking spaces for the restaurant; NOW
THEREFORE
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 City Manager and the City Clerk of the City of Baytown to execute and attest to the
renewal of a Lease Agreement with Rooster's, Inc. 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 10th day of April, 1997.
An- e
PETE C. ALFAROt4ayor
ATTEST: r
EILEEN P,, HALL, City Clerk
APPROVED AS TO FORM:
® KAREN L. HORNER, Assistant City Attorney
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STATE OF TEXAS §
COUNTY OF HARRIS §
LEASE AGREEMENT
By this lease, entered into the — day of , 1997, 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 Is' day of April, 1997, to the 3151 day of March,
1998, unless sooner terminated as hereinafter provided.
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 1100 DOLLARS ($100.00). the first payment is to be
paid on the date of execution of this agreement by LESSEE, and each subsequent payment is
payable on or before the I" 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 77522 and directed to
the Finance Department.
If any installment of the rent specified in this lease is not paid by the I 01 of the month in
which said payment is due, LESSEE shall be required to pay an additional TEN AND NO 1100
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.
LESSEE agrees to maintain the leased premises in such a manner as to minimize dust
arising from the surface of the said leased premises, at its own cost and expense, with asphaltic
concrete or other substance approved by 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. However, it is expressly understood and
EXHIBIT A
I
• agreed by LESSEE that should the LESSOR sale the property at any time during the term of this
lease, this lease shall automatically terminate and no advance notice to LESSEE shall be
required.
Dated this the day of , 1997.
LESSEE
LOWELL COX, President
ROOSTER'S, INC.
LESSOR
BOBBY ROUNTREE, City Manager
CITY OF BAYTOWN
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
Before me on this day personally appeared LOWELL COX, In his capacity as
® President of Roosters, Inc., on behalf of such corporation, known to me to be the person whose
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® name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of
1997.
Notary Public in and for the State of Texas
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STATE OF TEXAS §
§ LEASE AGREEMENT
COUNTY OF HARRIS §
By this lease, entered into the ! day of , 1997, the City
of Baytown, acting for itself and as Trustee, for Harris C unty, 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 1" day of April, 1997, to the 3 1" day of March,
1998, unless sooner terminated as hereinafter provided.
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). the first payment is to be
paid on the date of execution of this agreement by LESSEE, and each subsequent payment is
payable on or before the 1 St 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 77522 and directed to
the Finance Department.
If any installment of the rent specified in this lease is not paid by the l Ott' 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.
LESSEE agrees to maintain the leased premises in such a manner as to minimize dust
arising from the surface of the said leased premises, at its own cost and expense, with asphaltic
concrete or other substance approved by 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. However, it is expressly understood and
agreed by LESSEE that should the LESSOR sale the property at any time during the term of this
lease, this lease shall automatically terminate and no advance notice to LESSEE shall be
required.
IF
Dated this the / day of , 1997.
LESSEE
LOWELL COX, President
ROOSTER'S, INC.
LESSOR
BOBBY RO TREE, City Manager
CITY OF BAYTOWN
ATTEST:
111- 2
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Chyattorney
STATE OF TEXAS §
COUNTY OF HARRI S §
Before me on this day personally appeared LOWELL COX, in his capacity as
President of Roosters, Inc., on behalf of such corporation, known to me to be the person whose
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4F ,w
name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of �
1997.
Notary Public in and for the State of Texas
Goo
4010
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