HomeMy WebLinkAboutRES 82-141 4-2-/eli
R E S O L U T I O N
BE IT' RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to enter into
a lease agreement with Don Streety Enterprises, Inc. , in the form
shown in Exhibit "A" attached hereto and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of
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Mayor -
PHELAN CONNEC !R - Parcel 3 (i Streety r terprises)
LEASE CONTRACT
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
THIS LEASE CONTP,ACT, dated this the 1 st day
of April 1982 , by and between the CITY OF
BEAUMONT, a municipal corporation domiciled in Jefferson
County, Texas, hereinafter called "Owner" , and Don Streety
Enterprises, Inc. , a corporation duly organized under the
laws of the State of Texas, domiciled in Jefferson County,
Texas, hereinafter called 'Lessee',';,
W IT N 'E S S E T H:
Owner does by these. presents lease, let and demise unto
Lessee the following property, to--wits
0, 14 of an acre of land, being a portion of Lots
1 thru 5, Block 40 of the Jarrette Addition to
the City of Beaumont as recorded in Volume 3 ,
Wage 176 of the Map Records of Jefferson County,
Texas, said 0. 14 of . an acre being more particularly
described as follows:
BEGINNING at the northwest corner of Lot 5, Block
40 of said Jarrette Addition.;
THENCE N 880 21c 30" E •along the south line of
Liberty Avenue a distance of 147,40 feet to a
point for a corner, said point also being the
northeast corner of Block 40 of said Jarrette
Addition;
THENCE S 00 55' 30" E along the east property
line of Lot 1, Block 40 of said Jarrette Addition,
also being the west line of Eighteenth Street a
distance of 40. 00 feet to a point for a corner;
THENCE S 880 211 30" W a distance of 147. 40 feet
to a point for a corner on the west line of Lot
5, Block 40 of said Jarrette Addition;
THENCE N 00 551 30" W along the west line of Lot
5 , Block 40 of said Jarrette Addition a distance
of 40. 00 feet to the PLACE OF BEGINNING and con-
taining 0. 14 acres,
for a term ending on the 31 day of March ,
1983 , upon the following conditions, obligations and
covenants:
T.
Lessee is authorized to use the premises covered by
this lease for parking space for automobiles and trucks of
Lessee, or employees of Lessee and of persons having business
with Lessee, and for such other purpose or purposes as Lessee
may deem necessary or advisable in connection with its
business and agrees not to use or let to use the premises
for any other purpose.
Tr.
Lessee binds and obligates itself to pay to Owner the
sum of $even Hundred and No/'100 ($700. 00) Dollars per year
as rent for the use of the premises during the entire year
covered by this lease, said rent to be due and payable upon
execution of this lease at the office of the Owner in the
City of Beaumont.
1TT,
Lessee shall be responsible for the maintenance of the
leased premises and agrees to keep said leased premises in
a safe condition and not to permit any hazardous conditions
to exist on said leased premises, and Lessee agrees not to
use all or any part of said leased premises for any unlaw-
ful purpose.
Lessee agrees to install all utilities that may be
necessary for the purpose for which this lease is executed,
and to pay all charges for water, gas, electric power, and
other utility charges incurred during the term hereof,
V.
It i.s specifically agrees by the parties hereto that
the sale of beer, wine and other liquors is prohibited on
said premises without the written permission of the City
Manager of the City of Beaumont.
�2^
VT.
it is agreed and understood that Lessee shall have
no authority to incur any obligations on behalf of Owner,
and Owner does not obligate to furnish to Lessee any equip-
ment for the maintenance or operation of the leased premises.
Vii.
Lessee shall indemnify, save and keep harmless the
Owner from all liabilities, claims; damages, judgments,
injuries, costs, and expenses, which may in any manner
come against Owner in consequence of or result from any
operation that Lessee may conduct or carry on on the leased
premises, or as a result of Owner's negligence or the
negligence of any employee or agent of Owner, and shall
carry public indemnity and property damage insurance on
the premises above described in the sum of $100, 000. 00
for each person and $300,000. 00 for each accident, and
property damage liability in the sum of $5,000. 00 for each
accident.
The cost of said policies to be borne by said Lessee,
but said policies must be written by companies acceptable
to Owner and shall cover Owner as well as Lessee, and
said policies or certificates thereof shall be filed with
the City Clerk of the City of Beaumont upon execution of
this lease. All of this shall be done prior to Lessee ' s
taking possession of the above premises under this lease.
Vill .
This lease shall not be assignable in whole or in
part by Lessee without the written consent of Owner.
IX.
It is mutually understood and agreed between the
parties hereto that both the Owner and Lessee have the
right to cancel this lease at any time. To cancel this
3.-
V r
lease they shall give written notice to the other expressing
the intention to cancel and this lease automatically becomes
cancelled thirty (30) days after said written notice is
placed in the mail. Rent shall be prorated to the date of
cancellation. It is further mutually understood and agreed
that in the event Lessee breaches any of the covenants or
conditions of this lease, that' Owner shall have the right
at its option to declare this lease immediately cancelled
and terminated, by giving Lessee written notice of the
breach. If Owner exercies its option to cancel and term-
inate the lease for any such breach, Lessee agrees to peace-
ably vacate the premises at the expiration of thirty (30)
days from the date of said written notice.
EXECUTED in duplicate originals, this the
day of , 1982 , by Owner,
acting herein by and through its City Manager, hereunto
duly authorized, and Lessee, acting herein by and through
its president.
CITY OF BEAUMONT, OWNER
ATTEST: BY:
City Manager
City Clerk DON STREETY ENTERPRISES, INC. ,
LESSEE
ATTEST:
BY:
President
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N 880 21 30 E 14 7 .40' w
® 0.' 14 ,
O
o V -)' t • „`: •R'7 ,�, aid �...�V
S88021 , 30" o.. P 1 7.40 . V)
40
5
60'
4 3 `� ° SIDEY14LA-
BRICK _
10 6L DG.
10'
60'
• M
•146.20 ,1
ii OTAL AREA = 0. 51 AC.
TAKEN : 0. I'4 AC.
REM. : 0. 37 A C.
PARCEL 3 .
SURVEY OF A 0. 14 ACRE TRACT
OUT OF BLOCK 40, JARRETTE ADD.
SCAL E 10 s 40 '
i(
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R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Curtis Linton and Walter Mayer, Jr. , be appointed as
members of the Planning and Zoning Commission for terms expiring
July 31, 1984 and July 313 1983, respectively , and that Robert
S. Burns be appointed as first alternate member and John H.
Walker as second alternate member with terms expiring July 31,
1983.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the /3i day of
- Mayor -