HomeMy WebLinkAboutRES 84-464 Z/
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 five ( 5) year lease agreement with the Texas National Guard
Armory , in the form attached hereto as Exhibit "A" , for the
property presently being occupied by them with an option to renew
the lease agreement at the end of the five ( 5 ) year period.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the - day of ' , 1984 .
Mayor -
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE
PRESENTS:
COUNTY OF JEFFERSON §
THIS LEASE AGREEMENT made this the 15th day of
November , A.D. 1984, by and between the CITY OF BEAUMONT,
a municipal corporation of the State of Texas, acting herein by
and through its duly authorized City Manager and attesting by its
City Secretary (hereinafter referred to as "Lessor") and the
TEXAS NATIONAL GUARD ,ARMORY BOARD, a body politic and
corporate of the State of Texas, acting herein by and through its
duly authorized Executive Director (hereinafter referred to as
"Lessee") :
W I T N E S S E T H
Whereas, the parties hereto previously entered into a written
indenture or lease agreement for a term which ends on the 15th
day of November, 1985; and
Whereas, the agreement grants to the Texas National Guard
Armory Board as Lessee the option to renew the lease for use of
the subject property as a training facility of a unit of the Texas
National Guard; and
Whereas, the agreement authorizes Lessee to sublease the
subject property to the Adjutant General of the State of Texas for
use by the Texas National Guard and related military purposes;
and
Whereas, the subject property has been and continues to be
leased to the Adjutant General of the State of Texas; and
Whereas, Lessee complied with all obligations, duties and
responsibilities imposed on it under the lease agreement;
Now, Therefore, for and in consideration of ithe sum of
TEN DOLLARS ($ 10.00 ) cash,
the receipt of which is hereby acknowledged and confessed, and
the covenants and c(Nnditions hereinafter recited. Lessor has leased
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and demised and by these presents does lease and demise unto
Lessee all that certain tract or pracel of land located in the City
of Beaumont, Jefferson County, Texas, and more particularly
described as follows, to-wit:
BEGINNING at the southwest corner of that certain
6. 1601 acre tract leased by the City of Beaumont,
Texas to the United States of America under
supplemental agreement Flo. 1 to Lease No. DA-41-243-
Eng-613, same being dated December 11 , 1951 ;
THENCE north 000 02' east along the west line of said
above mentioned 6.1601 acre tract 315.75 feet to
corner;
THENCE south 890 59' west 344.89 feet to corner;
THENCE south 000 02' west 315.75 feet to corner; said
point being 50 feet north of the present north line of
College Street;
THENCE north 890 59' east along a line parallel with
and 50 feet distant from the present north line of
College Street 344.89 feet to the place of BEGINNING.
The above described tract contains 2.50 acres, more or
less.
TO HAVE AND TO HOLD said premises for the period of five
(5) years, commencing on the 15th day of November, A.D. 1985,
and ending on the 15th day of November, A.D. 1990, and for such
further periods as this lease may be extended as hereinafter
provided upon the following terms and conditions:
I.
It is understood and agreed by and between the parties
hereto that the above described property may be sublet by the
Lessee to the Adjutant General of the State of Texas according to
the laws of this State, but in the event the Adjutant General
should for any reason fail to pay the rent prescribed in such
lease, or in the event the Legislature should fail to appropriate
money for the payment of said rent, then in either of such events,
Lessee may sublet the premises to any person whomsoever at the
highest rental obtainable; provided, however, that the City of
Beaumont, Texas, shall have the first option to sublease such
premises upon the same terms and conditions that the property was
subleased prior to the occurrence of the events above mentioned.
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I1.
Lessee hereby agrees that at the termination of this lease,
either by forfeiture or for any cause whatsoever, any and all
improvements, structures and fixtures located on said demised
premises shall become the sole property of the Lessor.
III .
The State of Texas is not and shall not be responsible for
anv damage or injury to said leased property regardless of how
the same may occur during the existence of this lease.
This contract is entered into by and between the Lessor and
the Lessee upon the express condition and understanding that
neither the National Guard units to occupy said premises, nor
their officers, nor any member of the Texas National Guard
Armory Board shall in any wise be personally liable hereunder and
that Lessor is entitled to payment only out of the State
appropriations lawfully applicable to payment of the rental
stipulated in this lease.
IV.
It is expressly agreed and understood that at the expiration
of the primary term of this lease, Lessee shall have the exclusive
option to lease said premises for additional periods of five (5)
years in five (5) year increments extending over the twenty-five
(25) year period following the expiration of the primary term of
this lease. It Is the intention of the parties hereto that, provided
Lessee exercises any such option by giving Lessor notice thereof
in writing within ninety (90) days of the expiration of the term of
the then current lease, Lessor gives and grants unto Lessee such
options to renew this lease at rentals to be agreed upon, at said
Intervals, and that the City of Beaumont as Lessor retains the
right to approve any and all renewai options which may be
'
exercised.
EXECUTED this the day of
A.D. 1984, the CITY OF BEAUMONT signing by and through its
City Manager, -2L /�/��,���� � duly authorized to execute
the same by resolution passed by the City Council on
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the same by resolution passed by the City Council on
Z)ece l e&' 16, 19 6W, attesting by its City Secretary,
14? /, q�f and countersigning by its City Auditor,
7r►6 w143 �, �..ow�g,,�cE and the TEXAS NATIONAL GUARD
ARMORY BOARD, signing by and through its Executive Director.
CITY OF BEAUMONT
ATTEST:
Y 14
City Manager
City Secretary
COUNTERSIGNED: APPROVED AS TO FORM:
City Attorney
City Auditor
-LESSOR-
TEXAS NATIONAL GUARD
ARMORY BOARD
BvL.....`
Donald J. eKerr
Executive Director
-LESSEE-
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THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, a Notary Public in
and for sad County and State, on this day personally appeared
r� ,o&,ybeegez2 City Manager of the City of
Beaumont, known t me to be the person whose name Is subscribed
to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of the City of Beaumont for
the purposes and consideration therein expressed, and in the
capacity therein stated.
Given under my hand and seal of office on this the /d
day of ,be C e'a4'e 4 1984.
Qtary'/Public in and for
Jefferson County, Texas
d1l 11
(Type or Print am
My Commission Expires:
�?-
THE STATE OF TEXAS
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, a Notary Public in
and for said County and State, on this day personally appeared
DONALD J. KERR, Executive Director of the TEXAS NATIONAL
GUARD ARMORY BOARD, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and
consideration therein expressed, and in the capacity therein
stated.
Given under my hand and seal of office on this the 15th
day of November 1984.
otary Public In and tor
Travis County, Texas
Kathleen B. Howell
(Type or Print Name)
My Commission Expires:
October 31, 1988
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