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HomeMy WebLinkAboutRES 84-457 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 is hereby authorized to execute a lease between the City of Beaumont and Allright Beaumont Company for rental of the Civic Center Parking Lots in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the //, �( day of / 1984. Mayor - THE STATE OF TEXAS LEASE EXTENSION AND AMENDMENT 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: WHEREAS by a certain instrument dated November 11, 1982, Lessor did make and enter into an agreement, hereinafter referred to as "Lease", with Lessee, wherein Lessor leased and let to Lessee, and Lessee leased and rented from Lessor, subject to the terms and conditions contained therein, the following described property 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 to said Lease as Exhibit "Aft. 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 to said Lease as Exhibit "B". 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 shown on the plat attached to said Lease as Exhibit "All to which Lease reference is here made for all purposes; and WHEREAS Lessor and Lessee now desire to extend the term and otherwise 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: I. That paragraph numbered 1.A (on page 2) in said Lease is hereby amended to read in its entirety as follows: d'�--r� Exhibit "A" I.A. As to Tract One only of the leased premises, the term of this lease shall begin November 12, 1982, and unless earlier termi- nated as hereinafter provided, continue thereafter for five (5) years and 18 days ending on November 30, 1987; provided, however, as to said Tract One 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 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 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 One of the leased premises during such excluded periods. II. That paragraph numbered 1.B (on page 2) in 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 five (5) years and 18 days ending on November 30, 1987; 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. III. That paragraph numbered 1.C (on pages 2 and 3) in said Lease is hereby amended to read in its entirety as follows: 1.C As to Tract Three only of the leased premises, the term of this lease shall begin November 12, 1982, and unless earlier termi- nated as hereinafter provided, continue thereafter for five (5) years and 18 days ending on November 30, 1987; 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. -2- IV. That paragraph 2.K (on pages 6 and 7) of said Lease is hereby amended to read in its entirety as follows: 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 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 maximum. The foregoing rates are exclusive of any sales, use, parking or other taxes that Lessee may be obligated to collect from its customers or which may be assessed with respect to gross receipts derived from the parking or storing of automobiles on the leased premises. V. Lessor and Lessee further expressly agree that the terms, covenants, conditions, and provisions of said Lease except as amended hereby shall remain and continue in full force and effect and as amended hereby are ratified and confirmed. EXECUTED this the day of October, 1984. LESSOR CITY OF BEAUMONT (Texas) Attest: a municipal corporation By By Its City Clerk Its City Manager LESSEE ALLRIGHT BEAU O T COMPANY By �. Its Vice President o1 ge;Culver -3-