HomeMy WebLinkAboutRES 84-076 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 five (5) year lease with the Beaumont Art League in the form
attached hereto as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the -agll& day of �,� 1984 .
Mayor -
THE STATE OF TEXAS
COUNTY OF JEFFERSON
THIS LEASE CONTRACT, dated the day of ,
19 by and between the City of Beaumont, a municipal
corporation of Jefferson County , Texas, acting herein by and
through its duly authorized City Manager, hereinafter referred to
as "Lessor" , and The Beaumont Art League, a corporation of
Jefferson County, Texas, acting herein by and through its legally
constituted officers, hereinafter referred to as "Lessee" ;
W I T N E S S E T H •
For and in consideration of the sum of One Dollar ($1 . 00 )
cash and the performance by Lessee of the covenants and conditions
hereinafter recited, Lessor does by these presents lease, let and
demise unto Lessee the following described property and
improvements thereon, located within the City of Beaumont,
Jefferson County , Texas, and being part of Fair Park , and more
particularly described as follows:
Being a tract of land out of the South Texas State
Fair Grounds property in the James Drake Survey in
the City of Beaumont, Jefferson County, Texas, and
being more particularly described as follows:
Beginning at a point lying sixty-seven and sixty-
five hundredths feet ( 67.65' ) west of the west
line of Gulf Street and three hundred sixty-one
and thirty-five hundredths feet ( 361.35 ' ) north of
the north line of Plum Avenue as both are now
established in the City of Beaumont, said point
being marked by a one-half inch ( 1/2" ) iron rod;
Thence west two hundred two feet ( 202' ) to corner
marked by a one-half inch ( 1/2" ) iron rod, said
point being at the south edge of an existing
concrete walk and being thirty feet ( 30' ) east of
the easterly line projected of what is now known
as the Agricultural Building;
Thence south 00° 03' west along a line parallel
with and thirty feet ( 30' ) east of the easterly
line of said Agricultural Building ninety-six and
sixty-five hundredths feet ( 96.65' ) to corner
marked by a one-half inch ( 1/2" ) iron rod, said
point being in line with the southerly line of
said Agricultural Building projected eastward;
Thence south 89° 54' east along the southerly
line of said Agricultural Building projected
eastward two hundred two feet ( 202' ) to corner
marked by a one-half inch ( 1/2" ) iron rod;
LXhIbIT "A"
Thence north 00° 03' east ninety-seven feet ( 97' )
to the place of beginning;
The above described tract contains 0 .449 acres,
more or less;
for a term of five ( 5 ) years, beginning on the lst day of January ,
1983 , and ending on the 31st day of December, 1987.
1
The premises leased hereunder shall be used by the Lessee
for the purpose of advancing the arts and for such other further
purposes as the Lessee desires in the furthering of fine arts.
2 .
Lessor reserves the right to park motor vehicles on the
leased premises in connection with its use of Fair Park , providing
that no parking shall be permitted within ten feet ( 10 ' ) of any
building on said leased premises.
3 .
Lessor, its employees and agents, shall have the right at
all times to go on or about the said premises for the purpose of
inspecting same, or for any other legitimate purpose.
4 .
Lessee shall not make alterations, additions or
improvements to the leased premises or buildings thereon, without
the prior written approval of the City Manager of Lessor and all
such alterations, improvements and additions made by Lessee upon
the leased premises shall remain upon the leased premises at the
expiration of this lease and become the property of Lessor.
5 .
Lessee shall be responsible for any and all maintenance
and repairs, either major or minor, that are necessary to the
leased premises and Lessee agrees to keep the leased premises in a
good state of repair throughout the term of this lease or any
extension thereof. ,Lessor agrees to pay all utility charges
during the term of this lease and any extensions. On the
expiration of this lease, Lessee shall deliver the premises
described herein and all improvements thereon, to Lessor in good
condition.
6 .
Lessee shall indemnify and save and keep harmless the
Lessor from all liability , claims , damages, judgments, injuries,
costs and expenses which may in any manner come against Lessor in
consequence of or result from any operations that Lessee may
conduct on the leased premises. Lessee agrees to carry public
liability insurance on the leased premises in the sum of $50 ,000
for each person and $100,000 for each accident, and property
damage liability insurance in the sum of $10 ,000 for each
accident, the cost of said policies to be borne by said Lessee,
and said policies shall name Lessor as a named insured as well as
Lessee, and said policies or copies thereof shall be filed with
the City Clerk of the City of Beaumont.
7 .
Lessor agrees to carry fire and extended coverage
insurance on all buildings on leased premises to the same extent
as it insures other city buildings. In the event the buildings , or
any part thereof, shall at any time during the term hereof be
destroyed by fire or other unavoidable casualty so as to be unfit
for occupancy and use, and the insurance recovered by Lessor under
its policies is not sufficient to rebuild and restore said
buildings and improvements, or parts thereof , Lessor agrees to
deposit the proceeds of the insurance policies in a special
account so as to give Lessee an opportunity to raise the
additional amount to replace and restore said buildings. If the
amount of insurance recovered by Lessor is sufficient to replace
said buildings , then Lessor agrees to restore same.
8 .
At the expiration of the term of this lease, Lessee may
hold over on a month-to-month basis only under the same terms and
conditions as set out in this lease.
9 .
This lease shall be for a term of five ( 5 ) years as
aforesaid except for a twenty-nine ( 29 ) day period between the
20th day of September and the 10th day of November of each year of
3 -
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a ,
this lease, during which period the Young Men' s Business League of
Beaumont, Texas, shall operate the South Texas State Fair, said
twenty-nine ( 29 ) day period to be yearly designated by the Young
Men' s Business League of Beaumont; it being understood between the
parties hereto that the leased premises shall be included in the
lease between Lessor and Young Men' s Business League of Beaumont,
Texas, for a twenty-nine ( 29 ) day period each fall, for the
purpose of the Young Men' s Business League conducting the South
Texas State Fair.
During each such twenty-nine ( 29 ) day period, the Young
Men' s Business League of Beaumont shall use the said premises and
buildings only for art museum purposes in keeping with the design
and purposes for which said premises and buildings were intended.
The Young Men' s Business League shall notify Lessor herein in
writing each year of its intended use of said premises and
buildings , which said use must be approved by written consent of
the City Manager of the City of Beaumont, which said approval and
consent shall be given if said use is commensurate with the design
and purposes of the said premises and the building of buildings ,
to be placed thereon.
In the event the Beaumont Art League elects to remove any
or all exhibits from public display during the said twenty-nine
( 29 ) day period, the Young Men' s Business League shall allow
storage space for the said exhibits in said art museum building
and shall permit Lessee to furnish such guards for the said
exhibits as are reasonably necessary to protect the said exhibits
from damage or loss.
The said Young Men' s Business League of Beaumont shall
proffer to the said Beaumont Art League each and every year of
this lease for said twenty-nine ( 29 ) day period, a South Texas
State Fair Exhibitor' s Contract covering the said premises and
building or buildings to be placed on the said premises, whereby
the said Beaumont Art League shall become responsible for the
placing therein of a suitable art exhibit for display at the said
South Texas State Fair, provided that the said Beaumont Art League
Q - 4 -
shall have thirty ( 30) days after said proffer shall have been
made to accept or reject the said offer, and in the event the said
Beaumont Art League does not accept the said offer in writing
within the said thirty ( 30) day period, then the said Young Men' s
Business League may let the said premises and buildings for said
twenty-nine ( 29 ) day period of the year involved to such exhibitor
as the said Young Men' s Business League shall determine, subject
to the use limitation and approval of the said uses by the City
Manager of the City of Beaumont, as aforesaid.
The substan°re of the provision of Paragraph 9 of this
lease shall be incorporated into that certain lease contract
entered into by and between Lessor herein and the said Young Men' s
Business League of Beaumont, Texas, covering the said South Texas
State Fair Grounds and the said twenty-nine ( 29 ) day period.
10.
This lease is made subject to all provisions of the City
Charter of the City of Beaumont, Texas.
EXECUTED in duplicate originals , this day of
19
CITY OF BEAUMONT, TEXAS
BY:
ATTEST: - City Manager -
"LESSOR"
City Clerk -
BEAUMONT ART LEAGUE
BY:
ATTEST: Peggy Osborne, President
"LESSEE"
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