HomeMy WebLinkAboutRES 85-140 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
lease agreement to lease the Jefferson Theatre from the Jefferson
Theatre Preservation Society for a term of ten ( 10) years in a form
substantially in accordance with the terms and conditions of the
lease agreement attached hereto as Exhibit "A" .
BE IT FURTHER RESOLVED that the City Manager be, and he is
hereby, authorized to execute a lease agreement leasing the
Jefferson Theatre to the Beaumont Community Players as a "Prime
Tenant" substantially in accordance with the terms and conditions of
the lease agreement attached hereto as Exhibit "B" .
Passed by the City Council of the City of Beaumont this
the /V&day of A4t V 1985.
OcAfArdow
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STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement of lease, made and entered into, this the
day of , 1985, by and between the
Jefferson Theatre Preservation Society, a non-profit corporation of
the State of Texas, hereinafter referred to as "Lessor" , and the
City of Beaumont, Texas, a municipal corporation, in Jefferson
County, Texas, hereinafter referred to as "Lessee" :
W I T N E S S E T H :
That Lessor does by these presents lease and demise unto
Lessee the following described property lying and being situated in
the City of Beaumont, County of Jefferson, State of Texas known as
the Jefferson Theatre and being more particularly described as
follows:
for a term of ten ( 10) years beginning on the day of
1985, and ending on the day of
1995, to be occupied by Lessee as a public
assembly facility, yielding and paying therefor the sum of One
Dollars ($1 .00) per year, payable annually in advance upon the
following terms, conditions and covenants:
I .
Lessee may sublease all or any part of the facility herein
leased and demised to others retaining all revenues derived from
such subleasing.
Exhibit "A"
II.
Lessee shall be allowed to operate a food and beverage
concession on the leased premises retaining all revenues derived
from the operation of such concession.
III.
During the term of this lease, Lessee shall maintain the
facility herein leased, including structural and building systems
maintenance as well as general cleaning and upkeep. Lessee shall be
responsible for payment of all utility charges during the term of
this lease. Lessee agrees to consult with Lessor concerning the
operation, maintenance and any construction, reconstruction or
restoration of the facilities herein leased. It is specifically
understood by the parties that Lessee intends to sublease the
property to the Beaumont Community Players as the prime tenant and
that sensitive modifications and modernization of the structure will
be necessary before use by the Beaumont Community Players or other
dinner theatre and cabaret entertainment uses appropriate for the
structure. Lessee will make every effort to insure traditional
users of the availability of the theatre for their uses. Lessee,
Lessor, and the Prime Tenant will coordinate the development of an
appropriate design for such modifications and modernization to allow
the adaptive use of the structure by others.
IV.
Significant modification and modernization of the
structure over and above the necessary maintenance will be subject
to available funding from grants, donations and the appropriation of
monies by the Lessee. Members of the Jefferson Theatre Preservation
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Society and the Beaumont Community Players will assist Lessee in
obtaining necessary funding for the modifications to the structure.
V.
It is agreed that any and all equipment, machinery ,
fixtures and all other personal property whether temporary or
permanent, erected on the leased premises or within the leased
facilities by Lessee shall remain the property of said Lessee and
may be removed at any time during the period of this lease, or at
the expiration of this lease or during any extension thereof, even
though the same may be attached to the leased premises. Those
improvements made jointly by the Lessee, Lessor and others will
remain.
VI.
Any notice from lessor to Lessee relating to the demised
premises, or to the occupancy thereof, shall be duly served if
addressed to Lessee by United States Certified 'or Registered Mail,
Return Receipt Requested, to:
City Manager
City of Beaumont
P. O. Box 3827
Beaumont, Texas 77704
Any notice from Lessee to Lessor shall be sent by United
States Certified or Registered Mail, Return Receipt Requested, to:
Jefferson Theatre Preservation Society
P. O. Box 7845
Beaumont, Texas 77706
VII.
Lessee agrees to maintain such insurance on the leased
premises as Lessee maintains on its municipal structures at the time
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of the execution of this lease and maintain such insurance in full
force and effect during the term of this lease.
VIII.
This agreement shall be binding upon and inure to the
benefit of the parties hereto and their successors and assigns. '
IX.
This agreement shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Jefferson County,
Texas.
X.
If the leased premises or any portion of said leased
premises are damaged by fire or other casualty, this lease shall
terminate at the option of Lessee. Should this lease not be
terminated in the instance of damage to the leased premises by fire
or other casualty, then Lessee will be required to place the leased
premises in a condition suitable for the intended use. Insurance
carried by either Lessor or Lessee insuring against fire or other
casualties shall be for the sole benefit of the party carrying such
insurance.
XI .
Lessee may extend this lease for a further period of ten
(10) years by giving Lessor written notice of Lessee' s intention to
do so at any time within the last two (2 ) years prior to the
expiration of the lease term, under all the terms and conditions of
this lease.
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If lessee shall hold over after the expiration of the
lease term, or any extension, such tenancy shall be from month to
month on all the terms, covenants and conditions of this lease.
Either party may cancel this lease with or without cause
by giving written notice to the other at least ninety ( 90) days
prior to the date such cancellation is effective.
In Testimony Whereof, the parties to this lease agreement
have hereunto set their hands to duplicate originals on the
day of , 1985.
JEFFERSON THEATRE PRESERVATION
SOCIETY
By:
President
ATTEST:
Secretary
CITY OF BEAUMONT
By:
Karl Nollenberger, City Manager
ATTEST:
Myrtle Corgey, City Clerk
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STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City of Beaumont has leased the Jefferson
Theatre from the Jefferson Theatre Preservation Society to be used
as a public assembly facility in the City of Beaumont; and,
WHEREAS, the Beaumont Community Players, hereinafter
referred to as "BCP" desire to lease on a "prime tenant" basis the
Jefferson Theatre as a sub-Lessee of the City of Beaumont,
hereinafter referred to as "City" :
W I T N E S S E T H :
That City does by these presents lease and demise unto
Lessee the use of that structure known as the Jefferson Theatre for
a term of ten ( 10) years beginning on the day of
1986 and ending on the day of
1996 to be used for seven (7 ) productions each
year. Said production dates to be mutually agreed upon by City and
BCP on an annual basis on or before the day of
each year. Each production will include six
weekend performances and ten ( 10) days in advance of the first
performance for technical and rehearsal purposes. Additional days
will be provided to BCP for performances at an event-day rental to
be established by the City and for rehersals without charge, on a
time and date available basis. Performances which raise money for
building preservation will be exempt from this charge. Operation of
all lighting, sound, and other necessary functions for BCP
performances will be by BCP members and staff.
Exhibit "B"
I.
BCP will be assigned other space in the facility,
accessible to them at all times, for office functions, wardrobe
storage, and property storage, as indicated to be appropriate in the
modification and modernization plan to be devised.
II.
On or before the day of 1986
City will provide BCP with a mutually acceptable set construction
and rehearsal structure which shall be near the Jefferson Theatre
and accessible to BCP at all times.
III.
City will provide BCP with mutually acceptable parking for
staff, players, and volunteer woorkers which shall be near the
Jefferson Theatre.
IV.
BCP agrees to assist City and the Jefferson Theatre
Preservation Society in applying for and obtaining grants and other
funding appropriate and necessary for modification and modernization
of the Jefferson Theatre.
V.
Subject to available funding, City agrees to work with the
Jefferson Theatre Preservation Society and BCP to develop an
appropriate design for sensitive modification and modernization of
the Jefferson Theatre including, but not limited to, a temporary
method of reducing the house seating capacity to approximately four
hundred fifty (450) seats; repairs to dressing rooms; a professional
evaluation of the electrical system and proper renovation in
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accordance with said evaluation; installation of dimming controls in
an appropriate booth in the balcony; acquisition and installation of
adequate stage and follow spotlighting; renovation of seats; and
installation of a thrust extension to the stage.
VI.
Significant modification and modernization of the
structure over and above necessary maintenance will be subject to
available funding from grants, donations and the appropriation of
monies by Lessee. Members of the Jefferson Theatre Preservation
Society and the Beaumont Community Players, will assist Lessee in
obtaining necessary funding for the modifications to the structure.
Upon obtaining the necessary funding, City will commence
construction under the modification/modernization plan agreed to by
the BCP and the Jefferson Theatre Preservation Society at the
earliest possible date with a priority being given to those aspects
of modification described in Paragraph IV hereof.
VII.
BCP shall pay to City the sum of Twenty Thousand Dollars
($20,000) in quarterly amounts of Five Thousand Dollars ($5,000) for
the first year of the term of this lease. The term of this lease
commences upon occupancy of the structure by BCP . The rental will
be adjusted annually by an amount equal to the increase or decrease
in the Houston cost of living index for All Urban Consumers for the
most recent twelve ( 12) month period.
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VIII.
If the leased premises or any portion of said leased
premises are damaged by fire or other casualty, this lease shall
terminate at the option of City. Should this lease not be
terminated in the instance of damage to the leased premises by fire
or other casualty, then City will be required to place the leased
premises in a condition suitable for the intended use. Insurance
carried by either City or BCP insuring against fire or other
casualties shall be for the sole benefit of the party carrying such
insurance.
IX .
BCP may extend this lease for a further period of ten ( 10)
years by giving City written notice of BCP ' s intention to do so at
any time within the last two ( 2) years prior to the expiration of
the lease term, under all the terms and conditions of this lease.
If BCP shall hold over after the expiration of the lease
term, or any extension, such tenancy shall be from month to month on
all the terms, covenants and conditions of this lease.
X.
Either party may cancel this lease with or without cause
by giving written notice to the other at least ninety (90) days
prior to the date such cancellation is effective.
XI.
City shall retain the right to operate all food and
beverage concessions on the leased premises retaining all revenues
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derived from the operation. of such concessions. Should City not
desire to operate such concessions, BCP will have the right of first
refusal to operate the concession.
BEAUMONT COMMUNITY PLAYERS
By:
CITY OF BEAUMONT
By:
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