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HomeMy WebLinkAboutRES 84-357 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 an amendment to the lease between the City of Beaumont and the Beaumont Riverboat Company substantially in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day ofd 1984. U�L1 Mayor - AMENDMENT TO LEASE THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS , on the 22nd day of November, 1983 , the City of Beaumont ("City") and Beaumont Riverboat Company ("BRC") entered into a lease (the "Original Lease") ; and, WHEREAS , City and BRC desire to amend such lease to provide for the leasing of additional property by BRC, the sale of alcoholic beverages and an amendment to the rental terms and providing for free parking for customers of BRC; NOW, THEREFORE, this Amendment to the Original Lease is entered into by and between City, acting by and through its duly authorized City Manager , and BRC, acting by and through J. Hoke Peacock II, its President, duly authorized; and City and BRC hereby agree as follows : W I T N E S S E T H: I. City does hereby lease unto BRC the premises outlined in red on Exhibit A to this Amendment, which is attached hereto and made a part hereof for all purposes , in addition to the premises outlined in red on Exhibit A to the Original Lease. The premises outlined in red on Exhibit A to this Amendment and hereby added to the premises leased are sometimes hereinafter referred to as the "Pavilion Area" . II. Paragraph 3 of the Original lease concerning rental is hereby deleted, and the following is substituted therefor: "BRC shall pay rentals to the City at the rate of $2 , 856 . 00 per year for the term of this Lease and any extension thereof, subject to adjustment as provided in Section 20 . below. Rent shall be due and payable in advance in monthly installments of $238 . 00 each, on or before the 15th day of each month in the term hereof or any extension thereof." BRC has heretofore paid the City the sum of $3 ,585 .51 as rental and percentages under the Original Lease , and shall be entitled to credit for such payment against the $238 . 00 per month payments due under this amended Para- graph 3 . Consequently, the rental hereunder will next be payable on March 15 , 1985 and the rental due on that date shall be $222 . 49 . The $238 . 00 per month payment shall resume on April 15 , 1985 and continue on the 15th day of each month thereafter during the term hereof or any exten- sion thereof, subject always to adjustment as provided in Section 20 . of the Original Lease as amended hereby. III. Paragraph 4 . of the Original Lease is hereby amended to add a new sentence at the end thereof, to read as follows : "City will execute all documents necessary to assist BRC in obtaining an alcoholic beverage permit for the Pavilion Area and specifically will allow the sale of alcoholic beverages within such area." IV. Paragraph 7 . of the Original lease is hereby amended to add a new concession percentage subcategory 3 . to read as follows : "3 . Alcoholic beverages sold in the Pavilion Area - ten percent (107) of gross sales . " V. Pargaraph 8. of the Original lease is hereby amended to add a sentence to the end thereof, to read as follows : -2- t'vzl-;��2-5 7 "The City shall provide free parking to customers of BRC on an "as available" basis , in the parking lots belonging to the City which are located. South of the City Hall Building and North of the railroad tracks . " VI. Paragraph 20. of the Original Lease is hereby deleted and the following is substituted therefor: "20 . Adjustments to Rentals . The rentals payable under Paragraph 3 . above are in- tended as minimum payments to the City for the use of the premises , including the Pavilion Area and shall be paid each month unless BRC is entitled to credit for same hereunder. In the event that the percentages to be paid by BRC under Section 7 . above are less than $238. 00 for any month, such lesser percentages will not be paid by BRC but will be reported by BRC to City. In the event that the per- centages to be paid by BRC under Section 7 . above are more than $238 . 00 for any month, the amount of such excess over $238 . 00 will be paid by BRC to City on or before the 10th day of each month for sales made the previous month. The rentals and percentages will also be adjusted on an annual basis as follows . The annual period for adjust- ments hereunder will be the City' s fiscal year , which begins on October 1 and ends on September 30 . Annual adjustments will commence in the year beginning October 1, 1984 . If the aggregate of the sums paid to City by BRC under Paragraphs 3. and 7 . above during such year are greater than the sums that would have been due to City under Paragraph 7 . alone, then BRC will be entitled to credit for the amount of such excess against the first payments due for the next ensuing year under Paragraphs 3. -3- and 7 . If the aggregate sums to be paid by BRC to City under Paragraph 7 . alone are less than Twenty-eight Hundred Fifty-Six Dollars ($2 ,856) , BRC will not be entitled to any credit. " VII. A new Paragraph 22 . shall be added, as follows : "22 . City' s Right to Terminate as to Pavilion Area. City will have the right to terminate this Lease as to the Pavilion Area at any time, with or without cause, upon thirty (30) days ' prior written notice to BRC. VIII. All the other provisions of the Original Lease are hereby reaffirmed by the parties and shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease on the 2nd day of October, 1984 . CITY OF BEAUMONT BEAUMONT RIVERBOAT COMPANY By: By: Karl Nol enberger, J. Hoke Peacock II, City Manager President LESSOR LESSEE ATTEST: ATTEST: Myrtle Corgey, City Clerk Gary Neale Reger, Secretary -4-