HomeMy WebLinkAboutRES 83-211 � r3
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 approve an
amendment to the agreement between the City of Beaumont and Allright
Beaumont Company providing for control of the Library Parking Lot in
the form attached hereto as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of , 19 &4 .
Mayor -
THE STATE OF TEXAS )
X LEASE AMENDMENT
COUNTY OF JEFFERSON X
THIS AGREEMENT made and entered into by and between the
CITY OF BEAUMONT, a municipal corporation, hereinafter
referred to as "Lessor" , and ALLRIGHT BEAUMONT COMPANY , a
Texas corporation, hereinafter referred to as "Lessee" ,
witnesseth:
WHEREAS by a certain agreement dated as of the 11th of
November, 1982 , Lessor leased to Lessee 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 more partiuclarly
described in said Lease .
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 more particularly described in
said Lease.
TRACT THREE: That certain automobile parking lot
located south of City Hall in the City
of Beaumont, Texas , commonly known as
the "South Lot" (containing approximately
400 automobile parking spaces) , as more
particularly described in said Lease .
to which lease ( "Lease" ) reference is here made for all
purposes ; and
WHEREAS Lessor and Lessee now desire to amend said
Lease in certain respects.
NOW, THEREFORE, for and in consideration of the premises
and the mutual agreements herein contained, Lessor and
Lessee hereby agree as follows :
1. 1 That Tract Three is hereby amended and expanded to
henceforth also include that certain automobile par':ing lot
containing approximately 64 parking spaces located at the north-
west corner of Main and Collegeo Streets , in the Cit%- of Beaumont ,
Jefferson County , Texas (she parking lot adjacent to the
/� EXHIBIT "A"
City of Beaumont Public Librrary) , which parking lot i:.
hereinafter referred to as the "Library Lot" when it is
intended that—only that part, not all of Tract Three, is
meant.
1 . 2 That henceforth so long as the Library Lot is included
as part of Tract Three under said Lease, Lessee shall reasonably
seek to control automobile parking on the Library Lot in
order to limit public parking thereon to patrons and employees
of the City of Beaumont Public Library during the periods
that the library is open. Presently, the library is open
during the following hours :
7 : 00 A.M. to 9 : 00 P.M. Monday;
7 : 00 A.M. to 9 : 00 P.M. Tuesday;
7 : 00 A.M. to 9: 00 P .M. Wednesday;
7 : 00 A.M. to 9 : 00 P .M. Thursday;
7 : 00 A.M. to 6 : 00 P .M. Friday;
7 : 00 A.M. to 6 : 00 P .M. Saturday;
7 : 00 A.M. to 6 : 00 P.M. Sunday.
Hours of library operation may be changed by the city upon
ten (10) days written notice to Alright. During the aforesaid
periods Lessee shall not charge anyone for parking on the
Library Lot.
1. 3 That except during the periods aforesaid when the
parking is to be limited to patrons and employees of the
Public-Library, Lessee may, but is not obligated to, open,
at Lessee' s sole discretion, from time to time, the Library
Lot for public parking and with respect thereto charge a
parking fee for each vehicle parking thereon during such
period. Such parking fees shall not exceed the parking rates
then authorized for Tract Three. All such parking on the
Library Lot shall be deemed to be "event parking" (regardless
of whether there is any event) and all parking fees collected
by Lessee from the Library Lot shall be deemed to be ".vent
Receipts" (and Lessee shall pay Lessor the applicable rent
with respect thereto as provided in Paragraph 2 .E of the
Lease . )
a
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NM 1. 4 That Lessor , at Lessor ' s expense , shall furnish and
i ecessary poles and chain barriers , as well as
signs, as Lessee may find necessary to control the use of
the Library Lot as herein provided.
1. 5 That either Lessor or Lessee upon at least thirty (30)
days prior written notice to the other may withdraw the
Library Lot entirely from under the operation of this lease
and upon the effective date of such withdrawal Lessee shall
vacate and surrender the Library Lot to Lessor and rent as
to said Library Lot shall cease.
1. 6 That nothwithstanding Paragraph 1.0 of said Lease, the
term of the Lease with respect to the Library Lot shall
cover all period set forth in section 1 . 1 hereinabove and
those periods under section 1. 2 hereinabove in which Lessee
has the Library Lot open for business, but not otherwise .
II .
2 . 1 That Paragraph 1.B of said Lease is hereby amended to read
in its entirety as follows :
1.B As to Tract Two only of the leased premises , the
term of this lease shall begin November 12 , 1982 , and
continue thereafter for two (2) years and 18 days
ending on November 30 , 1984 ; provided , however , as to
said Tract Two only, the term of this lease shall be
continuous which, in any event, shall require Lessee to
control Tract Two at any time "event service" has been
requested as provided in paragraph 1 .G.
2 . 2 That Paragraph 13 of said Lease is hereby amended to
read in its entirety as follows :
13 . Lessee agrees to comply with all valid laws ,
ordinances, codes, and regulations of any governmental
authority having jursidiction, applicable to Lessee ' s
occupancy or use of said premises . Lessee covenants
and agrees to indemnify and hold Lessor harmless from
any and all liability or claims for injuries to any
person or 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 except to the extent , but only to the extent,
attributable to the negligent or willful and intentional
acts of Lessor, its officer , agents and employees .;
III .
3. 1 That Lessor and Lessee hereby agree that said
Lease except as amended hereby shall continue in full force
and effect and as hereby amended is ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have executed
this lease amendment in multiple counterparts as of the
day of , 1983 .
LESSOR
CITY OF BEAUMONT (Texas)
Attest
By
Its City Clerk Its City Manager
LESSEE
ALLRIGHT BEAUMONT COMPANY
By
Its Vice ,President
q
r
TfiE' STATE OF TEXAS 0
' LEASE AGREEMENT
S
COUNTY OF' JEFFERSON 9
THIS AGREEMENT made and entered into by and between the
CITY OF BEAUtIONT, Texas, a municipal corporation, hereinafter
referred to as "Lessor" , and ALLRIGHT BEAUMONT COMPANY, a Texas
corporation, hereinatter referred to as "Lessee" , witnesseth:
Lessor, by these presents, leases and lets to Lessee, and
Lessee leases and rents trom Lessor, subject to the terms and
conditions contained herein, the following described property
( "leased premises" ) located in the City of Beaumont, Jetterson
County , Texas, to-wit:
TRACT ONE: That certain automobile parking lot
located within the Civic Center
Complex ( 60U Main) of the City of
Beaumont, 'Texas, commonly known as
the "Nord, Lot" (containing
approximately 400 automobile parking
spaces) , As shown on the plat
attdciied 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 )
teet of block 13, original townsite
of Beaumont, City of Beaumont,
Jet terson County , Texas, as shown on
plat attached hereto as LxhiLit
ana made a part hereof .
`1'RAC`l' ` hhLL: `l'l,at certain automobile parklna lct
located south of City ball In the City
of beauniont, 'Texas, commonly Known as
v
0
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 term "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.
i .i� As to 'Tract one only of the leased premises, the term
of this lease shall begin __ W,x .t % and
unless earlier terminated as hereinafter provided, continue
thereafter for two ( 2 ) years and _-J ` � days ending on
provided, however, as to said Tract One
y
only , the term 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 F .M . of every weekday ( Monday through Friday ) in the
term shall be excluded Lrom the term of this lease except during
those periods for which Lessor has requested Lessee to give "event
service" as provided in Yaragrapi, l .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.
l . b As to `i,ract Two only of the leased premises, the
term of this lc_ase shall begin '-td�s�1 La<���°� _.- - and
continue thereafter for two ( 2 ) years and days ending on
provided , however, as to said Tract Two
only , the terns of this lease shall ne continuous whict, , in any event,
shall require Lessor to control Tract Two at any time "event service"
r,as Leen requested as proviaea in paray_ rapl, 1 .C.
l . C t:s to `L ract Tnrec only of the leased premises, tLt
term or tills lease st►ali bc:yir, 7- and
v
Unless uarlier terlTilnatei] is fit_rt 111a1LUI CUnt11l"
thereafter for two ( l ) years and _----L � - days ending on
-- � 1' ; 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
l.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 . L 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 Lessuc..
i . r Throuyi;out tnu term of this lease ( excluding the
intermittent perioas as to Tract One and Tract Three excluded from
such term as provided in Paragraptas i .A and 1 . C , respectively ) Lessee
shall operate an automobile parking lot business on the leased
premises for to e principal use anu benefit of the general public and
users of the Civic Center Complex of the City of Beaumont, 'Texas,
subject to Paragrapl, z . --..
i . G Upon at least twenty-four ( 14 ) hours notice fro:,!
Lessor to Lessee, Lessee ayrees to operate Tract One, 'Tract 'lwe , "nc
Tract Three as controiic:u ana attended parking lots of any day or
Bays in the lease tenn as specifieu in Lessor' s said notice, �,r.1ci.
operation is referred to in this lease as "event serviru" .
0
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-f ive percent ( 55% ) of the Gross Receipts
(as herein defined ) in excess of One Thousand Six Hundred ($1 , 600. 00 )
Dollars ( it 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. L, 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% ) or 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 cue 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 1 . B , the percentage rent
proviaea for in this Paragraph 2 . 0 shall cease upon such withdrawal
(except as may nave accruee prior to such date of withdrawal) .
2 . L) From time to timc. , 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 , nokevcr,
9
for every uoy ( ui part tnuruol ) tnot Lessor waxes :.ucr restriction_-•,
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 "Event Service
Rental" of an amount equal to f itty-f ive percent ( 55% ) of the Event
Receipts ( as herein defined) derived from Event Service during such
month from the leased premises; said Event 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 Event Service
Rental shall be due for any month in which there was no Event
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 Event 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 inoirectly , or
which are or may be imposea on gross receipts from parking or storin,;
automobiles. Gross Receipts snail not include any Event Receipts as
defined in Paragraph 2 .G.
0
0
2 .G "Event Receipts" as used herein means all amounts
paid to and received by Lessee from Lessee' s Event 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. Event 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 Event 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 Event Receipts for
the purpose of examination and study thereof , and Lessor shall have
the right from time to tune 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,
Attn: Civic Center Director, P . O. Box 3827 , Beaumont, Texas 77704 ,
or at such other adaress 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 aay per
automobile. Parking rates for Tract Three shall be as directea in
U -
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
suiter no waste with resj�ect 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 ( it any ) , such as attendant's booth, wiring , signs and other
equipment, ( subject to Lessor's statutory and contract liens for
unpaid rents, it any ) , providea sane 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 displaved on the leased premises to be limited
to information and directions, that is parking rates, payment
procedures, trattic directions, etc.
7 . Lessee shall maintain at Lessee' s expense, throughout
the term of this lease, public liability insurance mitt. rrimar�
limits of not icss tt,un �3Ub-,UUU. 0u, for boaily in-iuriu-s or deati. to
one person, area not less tl—". !�,300, Uuu. Uu loo- tJou- i}- ,Lrics cr
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
( 10t ) 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. It Lessee makes default in the performance of any of
Lessee' s obligations hereunue.r and remains in default with respect
thereto for ten ( 10) days arter 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 en-ter 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 thereror,
applying same first upon such expenses as Lessor may be put to in
re-entering and re-letting the prei ises and then to pavn-.ent of rent
or any other sung accruing under these presents, paying the balance,
it any , to the Lessee, and Lessee: st,ali rupaitl liable for any
uc:ziciency . t;v waiver by Lesser of anv breach of any 01 u.-.
covenants to be performed by Lessee shall be construed as a waiver of
any other brew 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, includiny death resulting therefrom, or for
damage to or destruction of the property of any person which may be
sustained on or within said leasecj premises.
14. Lessee acknowleayes 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 clair.;s witt, respect to such defects or
injuries.
15. it is agreed ana understood that any holding over by
the Lessee of the herein leased premises after the expiration of this
lease shall operate and be construea as a tenancy froo.; month to nmonti.
at the SLIiic• rental as Clue ouriI,y t►,e last muntn 01 tt.t lease ter;—
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: Al lrigh t Beaumont Company
227 Main Street
( P. O. Box 3163)
Beaumont, Texas 77704
or to such other place or }daces as way 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 _114k day of
---------------'
1982.
L E S S O R
CITY OF BEAUMONT (Texas)
ATTEST:
I C C erk Its Cit Manager
—T
t s l��l � � g f
L E S S E L
ALLRIVHT BEAUMONT COMPANY
/its -Vi-ce President
1
EXHIBIT A
SOUM Lease from City of Beatmront (Lena) to AIIri9M Beaumont Company (Lessee) IM'M
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