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HomeMy WebLinkAboutRES 84-179 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 the Opportunity Industrialization Center of Southeast Texas, Inc. (OIC) , a copy of which is attached as Exhibit "A" , to lease a portion of the Best years Center with a monthly rental payment of Eight Hundred Dollars ( $800) . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of _ 1984. - Mayor - STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § LEASE This lease agreement is made and entered into this day of , 1984, by and between the City of Beaumont, a municipal corporation organized under the laws of the State of Texas located and domiciled in Jefferson County, Texas, hereinafter referred to as "Lessor" , and Opportunity Industrialization Center of Southeast Texas, Inc. , hereinafter referred to as "Lessee". RECITALS Lessor is the sole owner of the premises described below, and desires to lease the premises to a suitable Lessee for business purposes. Lessee desires to lease the premises for the purpose of conducting a business of comprehensive employment training and community economic development programs. The parties desire to enter a lease agreement defining their rights, duties, and liabilities relating to the premises. In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee and Lessee does hereby lease from Lessor, twenty-seven hundred thirty-three square feet (2,733 sq. ft. ) of space, located in the "Best Years Center" located at 780 South 4th Street and more particularly described by the shaded area in the floor plan attached as Exhibit "A" hereto and hereinafter called the "leased premises". 1. The term of this lease shall be five (5) years commencing on May 1, 1984 and ending on September 30, 1989, unless sooner terminated as herein provided. 2. Lessee will pay to Lessor at the address specified above, as rent for the leased premises eight hundred dollars ($800.00) per !� Exhibit "A" month including utilities. Each payment is due without notice, in advance on the first day of each month. 3. It is understood and agreed between the parties hereto that Lessee will use the leased premises only for office purposes, unless Lessor shall give Lessee prior written consent for a different use. In connection with its use of and activities in and about the leased premises and the Building, Lessee, at its expense, will comply and will cause its employees, agents, and invitees to comply with all applicable laws and ordinances, with all applicable rules and regulations of governmental agencies, and Lessee will conduct itself and cause its employees, agents, and invitees to conduct themselves with full regard for the rights, convenience and welfare of all other tenants in the building. Provided Lessee has performed all of the terms, covenants, agreements, and conditions of this lease, including the payment of rent, to be performed by Lessee, Lessee shall peaceably and quietly hold and enjoy the premises for the term hereof, without hindrance from Lessor, subject to the terms and conditions of this Lease. 4. Lessee acknowledges that its acceptance of possession of the leased premises constitutes a conclusive admission that it has inspected the leased premises and has found them in good condition and repair and in all respects in accordance with the plans and specifications previously approved by Lessee. Lessor shall perform usual janitorial and maintenance service including the sweeping and waxing of floors and the cleaning of windows, replacement of light globes or fluorescent tubes in the standard lighting fixtures installed in the Building by Lessor. Lessor shall also maintain and keep the public and common areas of the Building, such as lobbies, stairs, corridors, and restrooms in reasonably good order and condition, except for damage occasioned by Lessee, or its employees, agents, or invitees. Janitorial supplies will not be an expense to the Lessor. The purchase of such items will be the responsibility of Lessee and issued to the maintenance staff for daily use. 5. 5.01 Lessee shall be liable for all taxes levied or assessed against personable property, furniture, or fixtures placed by Lessee in the premises. 5.02 Lessee shall not make any alterations, additions, or improvements to the leased premises without the prior written consent of Lessor. Consent for nonstructural alterations, additions, or improvements shall not be unreasonably withheld by Lessor. Lessee shall have the right at all times to erect or install furniture and fixtures, provided that Lessee complies with all applicable governmental laws, ordinances and regulations. Lessee shall have the right to remove at the termination of this lease such items so installed, provided Lessee is not in default; however, Lessee shall, prior to the termination of this lease, repair any damage caused by such removal. 5.03 If during the term of this lease or any extension or renewal thereof, all or a portion of the leased premises should be taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of condemnation, at the option of the Lessor, this lease shall terminate and the rent shall be abated during the unexpired portion of this lease, effective as of the date of the taking of said premises by the condemning authority. Lessor shall receive the entire award from any such taking, and Lessee shall have no claim thereto, or for the value of any unexpired term of this lease. 5.04 Lessor or its officers, agents, and representatives shall have the right to enter into and upon any and all parts of the premises at all reasonable hours to (a) inspect same or clean or make repairs or alterations or additions as Lessor may deem necessary (but without any obligation to do so, except as expressly provided for herein) , or (b) show the premises to prospective tenants, purchasers, or lenders; and Lessee shall not be entitled to any abatement or induction of rent by reason thereof, nor shall such be deemed to be an actual or constructive eviction. 5.05 Lessee will not permit any mechanic's lien or liens to be placed upon the premises or the Building or improvements thereon during the term hereof, and in case of the filing of any such lien Lessee will promptly pay same. If default in payment thereof shall continue for twenty (20) days after written notice thereof from Lessor to Lessee, the Lessor shall have the right and privilege at Lessor's option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amount so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Lessee to Lessor and shall be repaid to Lessor immediately on rendition of bill therefor, together with interest at six percent (6$) per annum until repaid. 6. Lessee shall carry comprehensive public liability insurance with a company acceptable to City with City as a named insured in the sums of One Hundred Thousand and No/100 ($100,000.00) Dollars per individual, One Hundred Thousand and No/100 ($100,000.00) Dollars per occurrence, and Fifty Thousand and No/100 ($50,000.00) Dollars property damage. Should Lessor determine at any time during the term of this agreement that the above coverage is inadequate, it shall notify Lessee in writing to increase the amount of such insurance so the same shall be adequate. The original policy shall be filed with the City Clerk of the City of Beaumont. 7. Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of Lessee's business or its use of the leased premises or from any breach on the part of Lessee of any conditions of this lease, or from any act or negligence of Lessee, its agents, contractors, employees, sub-tenants, guests or invitees in or about the leased premises. In case of any action or proceeding brought against Lessor by reason of any such claim, Lessee, upon notice from Lessor, covenants to defend such action or proceeding by counsel acceptable to Lessor. 8. 8.01 Lessee shall not assign or sublet the leased premises or any part thereof unless he shall first obtain the written permission of the City Manager of the City of Beaumont. 8.02 Lessor is expressly given the right to assign any or all of its interest under the terms of this lease. 9. 9.01 Lessor may terminate this lease in the event of non-payment by Lessee of any installment of rent, or of any taxes, water rates, assessments or any other payments herein required, in accordance with the provisions of this lease, or if the demised premises or abandoned or vacated by Lessee during the term of this lease. Lessor shall have the right to reenter and repossess the demised premises by force, and to dispossess and remove therefrom all occupants and their effects, without being liable for any prosecution therefor, and to hold the premises as if this lease had not been made. 9.02 Lessor may, at its option, relet the premises as agent of Lessee, Lessee remaining liable for loss or damage resulting from the abandonment. Lessee hereby waives all rights and notice to quit or intention to reenter the premises under the provisions of any statute of the State of Texas, or of this lease, in the event of any abandonment of the premises. 10. Lessee shall, on the last day of the term or on earlier termination and forfeiture of the lease peaceably and quietly surrender and deliver the demised premises to Lessor free of sub-tenancies, including all buildings, additions, and improvements constructed or placed thereon by Lessee, except movable trade fixtures, all in good condition and repair. Any trade fixtures or personal property not used in connection with the operation of the demised premises and belonging to Lessee, if not removed at the termination or default, and if Lessor shall so elect, shall be deemed abandoned and become the property of Lessor without any payment or offset therefor. Lessor may remove such fixtures or property from the demised premises and store them at the risk and expense of Lessee if Lessor shall not so elect. Lessee shall repair and restore all damage to the demised premises caused by the removal of equipment, trade fixtures, and personal property. 11. Should Lessee, or any of its successors in interest hold over the premises, or any part thereof, after the expiration of the term of this lease, unless otherwise agreed in writing, such holding over shall constitute and be construed as tenancy from month-to-month only, at a rental equal to the rent payable for the last month of the term of this lease plus fifty percent (50%) of such amount. Inclusion of the preceding sentence shall not be construed as Lessor's consent for Lessee to hold over. 12. This lease contains the entire agreement between the parties and cannot be changed or terminated except by written instrument subsequently executed by the parties hereto. This lease and the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors, and assigns of both parties. 13. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Jefferson County, Texas. 6 - 14. Either party may cancel this lease by giving to the other party ninety (90) days notice of said termination in writing. Lessee shall within thirty (30) days thereafter vacate the premises and remove all of his property therefrom. Any property belonging to Lessor not removed within said thirty (30) day period shall become the property of Lessor. 15. All notices provided to be given under this agreement shall be given by certified mail or registered mail, addressed to the proper- party at the following address: City Manager City of Beaumont Beaumont, Texas 77704 O. I.C. of Southeast Texas, Inc. 780 S. 4th Street Beaumont, Texas 77701 16. Time is of the essence in all provisions of this lease. IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the date and year first above written. LESSOR CITY OF BEAUMONT By CITY MANAGER LESSEE OPPORTUNITY INDUSTRIALIZATION CENTER OF SOUTHEAST TEXAS, INC. By LINDA G. CLARK