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HomeMy WebLinkAboutRES 82-422 -e- F.?- e 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 execute a lease agreement with Allright Beaumont Company for the operation of three (3 ) city parking lots in the vicinity of the Civic Center and City Hall as shown in Exhibit "A" attached hereto and made a part hereof. PASSED BY THE CITY COUNCIL of the City of Beaumont this the i&- day of �-ye" ` �_ 19 �2 . 7 ° Y - Mayor - THE STATE OF TEXAS § § LEASE AGREEMENT COUNTY OF JEFFERSON § THIS AGREEMENT made and entered into by and between the CITY OF BEAUMONT, Texas, a municipal corporation, hereinafter referred to as "Lessor" , and ALLRIGHT BEAUMONT COMPANY, a Texas corporation, hereinafter referred to as "Lessee" , witnesseth: Lessor, by these presents, leases and lets to Lessee, and Lessee leases and rents from Lessor, subject to the terms and conditions contained herein, the following described property ( "leased premises" ) located in the City of Beaumont, Jefferson County , Texas, to-wit: TRACT ONE: That certain automobile parking lot located within the Civic Center Complex (600 Main) of the City of Beaumont, Texas, commonly known as the "North Lot" (containing approximately 400 automobile parking spaces) , as shown on the plat attached hereto as Exhibit "A" and hereby made a part hereof . TRACT TWO: A tract of land being all of the northeast one hundred eighty ( 180) feet of Block 13, original townsite of Beaumont, City of Beaumont, Jefferson County, Texas, as shown on plat attached hereto as Exhibit "B" and made a part hereof. TRACT THREE: That certain automobile parking lot located south of City Hall in the City of Beaumont, Texas, commonly known as VYLSTR7T " A" the "South Lot" (containing approximately 400 automobile parking spaces) , as shown on the plat attached hereto as Exhibit "A" and hereby made a part hereof. As used herein the tern "leased premises" shall include Tract One, Tract Two and Tract Three. When the reference herein is specifically to any of said Tract One or Tract Two or Tract Three, only such tract shall be included. 1 .A As to Tract One only of the leased premises, the term of this lease shall begin , and unless earlier terminated as hereinafter provided, continue thereafter for two (2) years and days ending on ; provided, however, as to said Tract One only , the tern of this lease shall be intermittent, that is every Saturday and Sunday throughout the term and the interval between 6 :00 P.M. and 7 :00 A.M. of every weekday (Monday through Friday) in the term shall be excluded from the term of this lease except during those periods for which Lessor has requested Lessee to give "event service" as provided in Paragraph 1 .G on Tract One, and notwith- standing anything in this lease to the contrary , Lessee shall have no obligation or liability whatever with respect to or on account of the use made of Tract One of the leased premises during such excluded periods. 1 .B As to Tract Two only of the leased premises, the term of this lease shall begin , and continue thereafter for two (2) years and days ending on ; provided, however, as to said Tract Two only , the term of this lease shall be continuous which, in any event, shall require Lessor to control Tract Two at any time "event service" has been requested as provided in paragraph 1.G. 1.0 As to Tract Three only of the leased premises, the term of this lease shall begin , and unless earlier terminated as hereinafter provided, continue - 2 - thereafter for two (2) years and days ending on ; provided, however, as to said Tract Three only, the term of this lease shall be intermittent, that is every day in the entire term of this lease shall be excluded from the term of this lease except those portions thereof during which Lessor has requested Lessee to give "event service" as provided in Paragraph 1.G on Tract Three, and notwithstanding anything in this lease to the contrary , Lessee shall have no obligation or liability whatever with respect to or on account of the use made of Tract Three of the leased premises during such excluded periods. 1 . D Either party, upon thirty ( 30) days' written notice to the other, may withdraw Tract Two from the leased premises and from the provisions of this lease, whereupon Lessee shall vacate and surrender said Tract Two to Lessor and rent as to said tract shall cease. 1 .E Lessor shall have the right to terminate this lease, effective as of the end of any calendar month, upon thirty (30) days' prior written notice to Lessee. 1. F Throughout the term of this lease (excluding the intermittent periods as to Tract One and Tract Three excluded from such tern as provided in Paragraphs 1 .A and 1 .C, respectively) Lessee shall operate an automobile parking lot business on the leased premises for the principal use and benefit of the general public and users of the Civic Center Complex of the City of Beaumont, Texas, subject to Paragraph 2.D. 1.G Upon at least twenty-four ( 24) hours notice from Lessor to Lessee, Lessee agrees to operate Tract One, Tract Two, and Tract Three as controlled and attended parking lots of any day or days in the lease term as specified in Lessor's said notice, which operation is referred to in this lease as "event service" . 0 - 3 - 2.A Lessee covenants to pay Lessor a rent of Eight Hundred ($800. 00) Dollars for each calendar month in the term of this lease, monthly in advance on the first day of each calendar month during the term of this lease, subject to abatement as provided in Paragraph 2. D. It is agreed that the rent for any calendar month only partially within the term of this lease shall be prorated. 2 .B In addition to the rent provided in Paragraphs 2.A, 2.C, and 2.E, Lessee covenants to pay Lessor (as additional rent) for each calendar month in the term of this lease a "percentage rent of an amount equal to fifty-five percent ( 55% ) of the G,ross Receipts (as herein defined) in excess of One Thousand Six Hundred ($1, 600. 00) Dollars ( if any) derived during such month from Tract One of the leased premises; said percentage rent to be paid to Lessor monthly , each monthly payment to be due not later than fifteen (15) days after the close of the respective calendar month to which such payment relates, without notice. 2.0 In addition to the rent provided in Paragraphs 2.A, 2.B, and 2.E, Lessee covenants to pay Lessor (as additional rent) for each calendar month in the term of this lease a "percentage rent" of an amount equal to fifty-five percent ( 55%) of the Gross Receipts (as herein defined) derived during such month from Tract Two of the leased premises; said percentage rent to be paid to Lessor monthly, each monthly installment to be due not later than fifteen (15) days after the close of the respective calendar month to which such payment relates, without notice. In the event Tract Two of the leased premises shall be withdrawn from the leased premises and from under this lease pursuant to Paragraph l .B, the percentage rent provided for in this Paragraph 2.0 shall cease upon such withdrawal (except as may have accrued prior to such date of withdrawal) . 2.D From time to time, upon notice to Lessee, Lessor may restrict the parking permitted in Tract One of the leased premises to that related to a Civic Center Complex function, provided, however, for every %day (or part thereof ) that Lessor makes such restrictions, �/ - 4 - the rental provided for in Paragraph 2.A for the month which includes such restricted days (or part thereof) shall be abated at the rate of Forty and 00/100ths ($40. 00) Dollars per day ( or part thereof) to a maximum abatement of $800. 00 per month. In the event of such restriction and the resultant rent abatement, Lessee shall be entitled to a refund of any rent or abated rent which Lessee may have previously paid, which amount Lessee may deduct from the next installment(s ) of rent falling due pursuant to Paragraphs 2 .A, 2 .B, 2.C, and 2.E, or if no further rent shall be due under any of said Paragraphs Lessor shall refund such amount to Lessee upon receipt of Lessee' s written statement therefor. 2.E In addition to the rent provided in Paragraphs 2 .A, 2. B, and 2.C, Lessee covenants to pay Lessor (as additional rent) for each calendar month in the term of this lease a "Night Service Rental" of an amount equal to fifty-five percent ( 55%) of the Night Receipts (as herein defined) derived from Night Service during such month from the leased premises; said Night Service Rental, if any , to be paid to Lessor monthly with each monthly installment to be due not later than fifteen (15) days after the close of the respective calendar month to which it relates without notice. No Night Service Rental shall be due for any month in which there was no Night Service. 2.F "Gross Receipts" as used herein mean all amounts paid to and received or collected by Lessee from Lessee's operations (other than Night Service) upon the leased premises ( including any , if any , receipts from the subletting thereof ) , or upon the respective tract therein, excluding any and all, if any , sales, use, excise, or other taxes or levies that Lessee is or may become obligated by law to collect from its customers, either directly or indirectly, or which are or may be imposed on gross receipts from parking or storing automobiles. Gross Receipts shall not include any Night Receipts as defined in Paragraph 2.G. • - 5 - 2.G "Night Receipts" as used herein means all amounts paid to and received by Lessee from Lessee's Night Service operations upon the leased premises, but no other, excluding any and all, if any, sales, use, excise, or other taxes or levies that Lessee is or may become obligated by law to collect from its customers, either directly or indirectly , or which are or may be imposed on gross receipts from parking or storing automobiles. Night Receipts shall not include any Gross Receipts as defined in Paragraph 2.F. 2 .H Lessee shall, within fifteen ( 15) days following the close of each calendar month during the term of this lease, furnish to Lessor a written report of Lessee setting out the amount of Gross Receipts (as herein defined) derived during such month from the leased premises ( stated separately as to Tract One, Tract Two, Tract Three, and Night Service) , such written report shall accompany the respective aforesaid percentage rent payment (but shall also be furnished if no percentage rent payment is due) . 2. I Lessee agrees to keep adequate and satisfactory records of its use and operation of the herein leased premises, and Lessor shall have access at all convenient times to any of such records as may show Lessee' s Gross Receipts and Night Receipts for the purpose of examination and study thereof, and Lessor shall have the right from time to time at any reasonable time and at Lessor's expense to audit, or have audited, such part of any of the aforesaid records as may directly relate to Lessee' s Gross Receipts derived from the leased premises. 2.J Lessee may make payments by mail by check, and Lessee agrees to make such payments payable to Lessor, City of Beaumont, . .r Attn: Civic Center Director, P. O. Box 3827, Beaumont, Texas 77704, or at such' other address as Lessor may designate in writing. 2.K The initial parking rates to be charged by Lessee with respect to Tract One shall not exceed $1. 50 per day per automobile and as to Tract Two shall not exceed $2.00 per day per automobile. Parking rates for Tract Three shall be as directed in 6 - `�-ZZ writing by Lessor. Lessee may from time to time change said parking rates if business conditions so warrant subject to Lessor's prior written approval if such change would exceed the aforesaid maximums. 3. Lessor agrees to pay before they become delinquent all ad valorem real estate taxes and special assessments lawfully levied or assessed against the above described premises, however, Lessor may , at Lessor's expense, contest and dispute the same, and in such case the disputed item need not be paid until finally adjudged to be valid. Lessee shall pay or cause to be paid throughout the term of this lease all taxes and assessments whatsoever levied or assessed against Lessee's personal property situated on the leased premises. 4 . Such premises are leased for use as a pay parking lot for automobiles, and Lessee may employ the usual appurtenances and equipment for the conduct of that business. 5. Lessee agrees to take the same care of the leased premises that a reasonable man would take of his own property, and to suffer no waste with respect thereto. Lessor may enter the leased premises at all reasonable times to examine their condition. 6 .A Lessee may place improvements upon the leased premises. Lessee shall have the right to remove Lessee's trade fixtures ( if any) , such as attendant' s booth, wiring, signs and other equipment, (subject to Lessor's statutory and contract liens for unpaid rents, if any) , provided same are removed within ten (10) days after the end of this lease. 6.B Lessee shall not display "Allright" site signs on the leased premises; signs displayed on the leased premises to be limited to information and directions, that is parking rates, payment procedures, traffic directions, etc. 7. Lessee shall maintain at Lessee's expense, throughout the term of this lease, public liability insurance with primary limits of not less than $300,000.00 for bodily injuries or death to one person, and not less than $300, 000- 00 for bodily injuries or �/ - 7 - death to more than one person, per occurrence, and not less than $100, 000. 00 for property damage per occurrence, and with excess limits ( in excess of primary limits) under a commercial umbrella liability policy of not less than $1 ,000,000. 00; or with other limits provided they afford at least equal coverage to the aforesaid. With respect to such insurance Lessor shall be shown as an additional insured and Lessee shall furnish Lessor with certificates evidencing such insurance to be in force. Lessee may maintain such insurance under a blanket policy or policies. 8. All past due rents shall bear interest at ten percent (10%) per annum from date due until paid. All property of the Lessee placed on the leased premises shall be subject to a lien in favor of Lessor for the payment of all rents or other sums agreed to be paid by Lessee. 9 . Should it become necessary to collect any rents due hereunder by legal proceedings, Lessee promises to pay an additional amount to cover Lessor's court- costs and reasonable attorney's fees with respect thereto. 10. If Lessee makes default in the performance of any of Lessee' s obligations hereunder and remains in default with respect thereto for ten (10) days after receipt of notice in writing pointing out such default, or if Lessee be declared bankrupt, or if a receiver be appointed for Lessee, or if Lessee attempts to transfer this lease for the benefit of creditors, Lessor may at Lessor's option declare this lease terminated immediately or at any time thereafter while such default or contingency continues and may thereupon without further notice enter upon the leased premises and take possession thereof, or Lessor may at Lessor' s election re-enter the premises and re-let them as the agent of Lessee and receive the rent therefor, applying same first upon such expenses as Lessor may be put to in re-entering and re-letting the premises and then to payment of rent or any other sum accruing under these presents, paying the balance, if any , to the Lessee, and Lessee shall remain liable for any v deficiency. No waiver by Lessor of any breach of any of the 8 - covenants to be performed by Lessee shall be construed as a waiver of any other breach of any of the covenants of this lease. 11. Lessee shall have no power to do any act or to make any contract that may create or be the foundation for any lien upon the present or other estate of the leasehold and leased premises; and should any such lien be created and filed, Lessee, at its own cost and expense, shall liquidate and discharge the same in full within thirty ( 30) days next after filing thereof. 12. Lessee will procure at Lessee' s expense such utilities and services as Lessee desires and will pay promptly all charges therefor and will not permit same to accrue against Lessor or the leased premises. 13. Lessee agrees to comply with all valid laws, ordinances, codes, and regulations of any governmental authority having jurisdiction, applicable to Lessee' s occupancy or use of said premises, and Lessee covenants and agrees to indemnify and hold Lessor harmless from any and all liability or claims for injuries to any person persons, including death resulting therefrom, or for damage to or destruction of the property of any person which may be sustained on or within said leased premises. 14. Lessee acknowledges that Lessee is familiar with the present condition of such premises, and Lessee accepts the leased premises in their present condition, with the right to alter same as herein provided, and Lessor shall not be liable to Lessee, its employees, customers, nor the public for any defect in the leased premises, whether existing at the time of Lessee' s acceptance of same or whether developing thereafter, nor for any injury or damage that may occur from the elements, and Lessee will hold Lessor harmless from all liability or claims with respect to such defects or injuries. 15. It is agreed and understood that any holding over by the Lessee of the herein leased premises after the expiration of this lease shall operate and be construed as a tenancy from month to month u at the same rental as due during the last month of the lease term. 9 - 16. Lessor covenants that Lessee shall have and be placed in possession of the leased premises as herein provided and that during the term of this lease Lessee, paying the rent aforesaid, and performing the covenants herein contained on its part to be paid and performed, shall quietly and peaceably hold and enjoy the said premises without hindrance or interruption by Lessor or any other person or persons whomsoever, subject to this lease. 17. This agreement shall inure to the benefit of and be binding on the respective parties, their heirs, devisees, executors, administrators, successors and assigns. 18 . Any notice which Lessor or Lessee may be required or may desire to give to the other shall be in writing and shall be sent by registered or certified mail: To Lessor at: City of Beaumont (Attn: City Manager) P. O. Box 3827 Beaumont, Texas 77704 To Lessee at: Allright Beaumont Company 227 Main Street (P. O. Box 3163) Beaumont, Texas 77704 or to such other place or places as may be designated in writing by Lessor to Lessee or Lessee to Lessor. IN WITNESS WHEREOF, the parties hereto have executed this lease agreement in multiple originals as of the day of 1982. L E S S O R CITY OF BEAUMONT (Texas) ATTEST: By Its City Clerk Its City Manager L E S S E E ALLRIGHT BEAUMONT COMPANY By Its Vice President 10 - / = 50 Fannin 60 60 60 60 60 66 67 68 69 70 0 ify of O 71 Beo monf 72 ° O /50 /50 T rrel/ 0 Hi sfo ri a/ Library Sz a fir's 65 6 4 6 62 61 60 60 26 '311 6 0 60 Forsythe Block /3 of Original Beaumont Townsite EXHIBIT A son Lease from City of Beaumont (Lessor) to Allright Beaumont Company (Lessee) NORTH . . . . . . . . . . _ R F*r.... • r 1 - f fljl�*Q V p1 { { 1 } n ............... «.w.,r,«..w .::::;:.:::�:::: :' <:�:: ::il4iiliri:::::>:::`> _ � "fir' , .?.�;r' •�-�-�W:.::�,;;;�J �y F1•' = ON•.MM � /_1 \J \ \. .�. 'MGM MAR N.oN.NWK EXHIBIT A