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Home My WebLink AboutRES 01-222 RESOLUTION NO. 01-222 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a two (2) year lease agreement with Ms. Mary E. Hyde for WIC offices located at 3670 Ease Lucas Drive, Unit No. 1, with monthly rental payment in the amount of$750 as described in the agreement, Exhibit "A", attached hereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of October, 2001. �L"o'- - Mayor - STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between Mary Elizabeth Hyde,hereinafter called" LESSOR,"and the City of Beaumont,hereinafter called"LESSEE." LESSOR and LESSEE, for and in consideration of the rents, covenants and agreements herein contained, mutually covenant and agree as follows: 1. LEASED PREMISES 1.1 LESSOR does by these presents Lease and Demise unto the said LESSEE the following described property,to-wit:Lying and being situated in the City of Beaumont and County of Jefferson State of Texas, and being one bay unit, approximately 30 feet by 50 feet in the metal building fronting on East Lucas Drive,Beaumont,Texas,having an address of 3670 East Lucas Drive,and being identified as Unit 1 of said commercial rental property. 2. TERM OF LEASE 2.1 The initial term of this lease shall be two(2)years,beginning the 1st day of November 2001, and ending the 31 st day October 2003,to be occupied as a site to serve Women,Infants and Children(WIC) clients. 2.2 LESSEE may elect to extend the initial term of this lease agreement for an additional two- year term,beginning the 1 st day of November 2003 and ending the 31 st day of October 2005,under the same terms and conditions as the initial term. 3. RENT 3.1 LESSEE agrees to pay as rental for the use and occupancy of the leased premises the sum EXHIBIT "A" of Seven Hundred Fifty Dollars($750.00), payable in advance on or before November 1, 2001,thereafter payable Seven Hundred Fifty Dollars($750.00) per month, in advance, beginning December 1, 2001, and a like amount on the first day of each succeeding month,including the first day of October,2003,when the last installment shall be due and payable. 4. MONTH-TO-MONTH RENTAL 4.1 It is agreed and understood that any holding over by the LESSEE of the hereby leased premises after the expiration of this lease, or any extension thereof, shall operate and be construed as a tenancy from month-to-month at a rental of Seven Hundred Dollars($700.00)per month. 5. MAINTENANCE OF PROPERTY 5.1 That the LESSEE shall take good care of the property and its fixtures,and suffer no waste; be responsible for the removal of plumbing obstructions caused in association with operations in leased premises, and provide all janitorial services needed for the interior of the leased premises, during the term of this lease. 5.2 LESSEE agrees to accept possession of the premises in their present condition and to allow for changes in such condition occurring by reasonable deterioration between the date hereof and the date LESSEE occupies said premises; that no improvements or alterations shall be made in or to the hereby demised premises without the consent of the LESSOR in writing. 5.3 All alterations,additions and improvements,except trade fixtures,put in at the expense of LESSEE shall be the property of the LESSOR and shall remain upon and be surrendered with the premises as a part thereof at the termination of this lease. 5.4 At the end or other expiration of the term or extension thereof,LESSEE shall deliver up the demised premises in good order and condition,natural deterioration and damage by fire and the elements only excepted. 5.5 LESSOR agrees to repair and maintain the existing lighting in the parking area in front of -2- the leased premises. 5.6 LESSOR shall also replace or repair damages to the exterior of the structure, including windows and doors. 6. SIGNS 6.1 The LESSEE shall not place any signs at, on, or about the premises except as and where first approved by the LESSOR; and the LESSOR shall have the right to remove any sign or signs in order to paint the building or premises or make any other repairs or alterations. Any existing signs shall be removed prior to LESSEE'S occupancy. 7. UTILITY COSTS 7.1 LESSEE shall provide and pay for all telephone expense and utility costs associated with the interior space. 7.2 LESSOR shall provide and pay for all utility costs associated with the exterior of the premises. 8. DAMAGE BY FIRE 8.1 That LESSEE shall, in case of fire, give immediate notice to the LESSOR, who shall thereupon cause the damage to be repaired forthwith; but if the premises be, by the LESSOR, deemed so damaged as to be unfit for occupancy,or if the LESSOR shall decide to rebuild or remodel the said building, the lease shall cease, and the rent be paid to the time of the fire. 9. SUBLEASES 9.1 That the LESSEE shall not assign this agreement or underlet the premises,or any part thereof(except as may be mentioned herein) or make any alterations in the building (except as may be mentioned herein)without the consent of the LESSOR in writing,or occupy or permit or suffer the same to be occupied for any business or purpose deemed extra hazardous on account of fire. -3 - 10. COMPLIANCE WITH LAWS 10.1 LESSEE shall conduct its operations in the lease premises in compliance with all State, federal and local laws and regulations. Additionally, LESSEE will not create or maintain any nuisance in or upon the lease premises. 11. FORFEIT OF LEASE 11.1 That in case of default in any of the covenants herein, LESSOR may enforce the performance of this lease in any modes provided by law, and this lease may be forfeited at LESSOR'S discretion if such default continue for a period of ten(10)days after LESSOR notifies said LESSEE of such default and his intention to declare the lease forfeited, such notice to be sent by the LESSOR by certified mail;and thereupon(unless the LESSEE shall have completely removed or cured said default)the lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof. 11.2 LESSOR'S agent or attorney shall have the right, without further notice or demand,to re-enter and remove all persons and LESSEE'S property therefrom without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR'S agent or attorney may resume possession of the premises and re-let the same for the remainder of the term at the best rent said agent or attorney may obtain for account of the LESSEE, who shall make good any deficiency. 11.3 The LESSOR shall have a lien as security for the rent aforesaid upon all the goods,wares, chattels,implements,fixtures,furniture,tools,and other personal property which may be put on the demised premises. 12. BANKRUPTCY 12.1 In the event that the LESSEE shall become bankrupt or shall make a voluntary assignment, for the benefit of creditors, or in the event that a receiver of the LESSEE shall be appointed, then, at the option of the LESSOR and upon thirty(30)days notice to the LESSEE of the exercise of such option,this -4- lease shall cease and come to an end. 13. ADDRESSES OF LESSEE AND LESSOR 13.1 For purposes of payment of rent and notification, the following addresses shall be used unless changed in writing: LESSOR: Mary Elizabeth Hyde 25 Highland Park Village, Suite 100, #235 Dallas,TX 75205 LESSEE: City of Beaumont Central Services P. O. Box 3827 Beaumont,TX 77704-3827 EXECUTED this day of 12001. LESSOR: By: Mary Elizabeth Hyde Owner LESSEE: By: Stephen J. Bonczek, City Manager The City of Beaumont -5 -