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HomeMy WebLinkAboutRES 85-255 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 contract with the Gold Coast Fine Arts Association, a copy of which is attached hereto as Exhibit "A" , for the area adjacent to the Farmers Market on Saint Helena Street. PASSED BY THE CITY COUNCIL of the City of Beaumont this theQ,t/ day of 1985. Mayor - J- THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Lease Contract, dated this the day of , 1985, by and between the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "Owner", and GOLD COAST FINE ARTS ASSOCIATION, situated in Jefferson County, Texas, hereinafter called "Lessee", W I T N E S S E T H: Owner does, by these presents, lease, let and demise unto Lessee the following described property, to-wit: For locative corner begin at the Intersection of the northeasterly right-of-way line of the G.B. & K.C. (Santa Fe) Railroad and the present west line of Saint Helena Street; THENCE north along the said present west line of Saint Helena Street one hundred seventy (170) feet to the beginning corner of the tract of land herein described; THENCE west along a line perpendicular to said present west line of Saint Helena Street one hundred six and seventy-eight hundredths (106.78) feet to a point for corner in the said north-easterly right-of-way line of the G.B. & K.C. (Santa Fe) Railroad; THENCE north thirty-two degrees 08 minutes (32°08' ) west along the said northeasterly right-of-way line of the G.B. & K.C. (Santa Fe) Railroad three hundred ninety-five and sixty hundredths (395.60) feet to a point for corner said point being in the right-of-way line of the G.B. & K.C. (Santa Fe) Railroad; THENCE east along a line perpendicular to said present west line of Saint Helena Street two hundred ten and forty-two hundredths (210.42) feet to a point for corner, said point being in the west line of Saint Helena Street; THENCE south along the present, west line of Saint Helena Street one hundred sixty-five. (165.00) feet to the Place of Beginning, containing 0.60 acre of land, more or less; SAVE AND EXCEPT out of the above described property a twenty (20) foot drainage easement for storm sewer purposes adjacent to and continuing along the Railroad right-of-way that adjoins the above described property, with the right of Owner to enter upon, cross, and work at all times the heretofore described property; ' Exhibit "A" for a term of five (5) years, beginning on the 21st day of September, 1985, and ending on the 20th day of September, 1990, upon the following conditions, obligations and covenants: 1. Lessee agrees to pay to Owner as rent for said premises the sum of One Dollar ($1) per year in advance, at the City Hall in Beaumont, Texas. 2. Lessee shall operate, maintain and conduct upon the premises above-described, a meeting place for the Gold Coast Fine Arts Association. 3. Lessee shall be responsible for the maintenance of the leased premises and agrees to keep all improvements placed thereon in a good state of repair and in a clean condition, and agrees to keep the parking area clean at all times and properly surfaced so as to be usable. Lessee shall be responsible for the conduct of each member of the Association and the public while on said premises and will insist on each member observing all the ordinances of the City of Beaumont and the laws of the State of Texas, and, upon their failure to do so, will revoke their rights under this lease. Lessee agrees to pay all charges for water, gas, electric power, and other utilities incurred during the term hereof, and at the expiration of this lease, Lessee shall deliver the premises described herein to Owner in a clean condition and cleared of all buildings, foundations, rubbish, etc. 4. It is agreed and understood that Lessee shall have the right to place on said leased premises such improvements as are reasonably necessary, said improvements to be the responsibility of Lessee and to remain the property of Lessee, and at the expiration of this term may be removed by Lessee. 2 - 5. It is specifically agreed by the parties hereto that the sale of beer, wine, and other liquors is prohibited on said premises. 6. Lessee shall indemnify, save and keep harmless the Owner from all liabilities, claims, damages, judgments, injuries, costs, and expenses which may come against Owner, including those claims, damages, judgments, injuries, costs and expenses arising from Owner's negligence or in consequence of or resulting from any operation that Lessee may conduct on the leased premises, and Lessee shall carry public liability insurance on the premises above-described in the sum of $200,000 - $500,000, and property damage liability in the sum of $25,000; the cost of said policies to be borne by said Lessee, but said policies must be written by companies acceptable to Owner, and shall cover Owner as well as Lessee, and a certificate of said insurance shall be filed with the City Clerk of the City of Beaumont; all of which shall be done prior to Lessee's taking possession of the above-described premises under this lease. 7. It is mutually agreed and understood between the parties hereto that either party to this lease shall have the right to cancel same for any reason whatsoever by giving the other party notice in writing of its intention to cancel at least ninety (90) days prior to the effective date of cancellation. Upon notice of cancellation by Owner or at termination of lease in any other manner, Lessee agrees to remove all improvements within forty (40) days or same will become the property of Owner at its option. 8. It is understood between the parties hereto that Owner reserves the right to use and maintain the drainage ditches or drainage structures located on said premises, and further reserves the right, in the event it becomes necessary to use any part of the - 3 - leased premises for street purposes or the widening of any streets along the boundaries thereof, to make said street improvements and to change the description of the leased premises accordingly. EXECUTED in duplicate originals, this the day of , 1985, by Owner, acting herein by and through its City Manager, hereunto duly authorized, and Lessee, acting herein by and through its President. THE CITY OF BEAUMONT By: City Manager ATTEST: OWNER - City Clerk - THE GOLD COAST FINE ARTS ASSOCIATION By: President ATTEST: LESSEE - Secretary - 4 -