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HomeMy WebLinkAboutRES 97-214 RESOLUTION NO. WHEREAS proposals were received on Monday, September 15, 1997, for a two- year lease of office space for the City's WIC Program with one optional two-year renewal; and, WHEREAS, Elizabeth Hyde submitted a bid in the amount of Seven Hundred Dollars ($700.00) per month and; WHEREAS, City Council is of the opinion that the bid submitted by Elizabeth Hyde should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with Elizabeth Hyde as shown in the attached agreement. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the /L-,,/- day of 1997. - Mayor - LEASE AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § This lease is made this first day of November, 1997, by and between Mary Elizabeth Hyde, known herein as LESSOR, and the City of Beaumont, known as LESSEE. WITNESSETH, that the said 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. The term of this lease shall be two (2)years, beginning the 1 st day of November 1997, and ending the 31st day October 1999, to be occupied as a site to serve WIC clients. Seven Hundred Dollars ($700.00) as rent shall be payable in advance on or before November 1, 1997, thereafter payable Seven Hundred Dollars($700.00) per month, in advance, beginning December 1997, and a like amount on the first day of each succeeding month including the first day of October, 1999, when the last installment shall be due and payable. LESSEE may extend this lease agreement for an additional two-year term. EXHIBIT "A" LEASE AGREEMENT Page 2 of 5 The following conditions and covenants shall apply: 1st. 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, Texas 75205 LESSEE: City of Beaumont -- Central Services 801 Main Street, Room 315 (P. O. Box 3827) Beaumont, Texas 77704 2nd. 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. 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; 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. 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. LEASE AGREEMENT Page 3 of 5 3rd. 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. 4th. 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. 5th. 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. 6th. 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 LESSORs discretion if such default continue for a period of ten 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 LEASE AGREEMENT Page 4 of 5 expiration of the term hereof, and 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; and 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. 7th. LESSOR shall provide and pay for all utility costs associated with the exterior of the premises. LESSEE shall provide and pay for all telephone expense and utility costs associated with the interior space. 8th. That 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. 9th. 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 ap- LEASE AGREEMENT Page 5 of 5 pointed, then, at the option of the LESSOR and upon thirty(30) days notice to the LESSEE of the exercise of such option, this lease shall cease and come to an end. 10th. It is agreed and understood that any holding over by the LESSEE of the hereby leased premises after the expiration of this lease shall operate and be construed as a tenancy from month to month at a rental of Seven Hundred Dollars ($700.00). 11th. LESSOR agrees to repair and maintain the existing lighting in the parking area in front of the leased premises. LESSOR shall also replace or repair damages to the exterior of the structure, including windows and doors. EXECUTED by Mary Elizabeth Hyde, Owner, on the day of , 1997. EXECUTED on behalf of the City of Beaumont by Ray A. Riley, City Manager, on the day of , 1997. LESSOR: LESSEE: THE CITY OF BEAUMONT Mary Elizabeth Hyde Ray A. Riley, City Manager