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HomeMy WebLinkAboutRES 92-107 RESOLUTION 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 with Crockett Street Station, Inc. for parking spaces in the Crockett Street Parking Area, substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 7ZI- day of 1992. - Mayor - STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE OF PARKING SPACES WHEREAS, the City of Beaumont (herein "City") has constructed a public parking lot in the area bounded by Laurel Street, Park Street and the south right-of-way line of Crockett Street as it existed prior to closure as a public thoroughfare; and WHEREAS, the City of Beaumont desires to lease parking spaces within a portion of this area to Crockett Street Station, Inc. (herein "CSSI"); In consideration for the mutual promises and covenants herein, City and CSSI agree as follows: I. That City does hereby demise and lease unto CSSI thirty-five (35) parking spaces within a public parking lot constructed by City in the area bounded by Laurel Street, Park Street and the north right-of-way line of Crockett Street as shown in attached Exhibit "A." II. The term of this lease shall be for a primary term of five (5) years commencing on the day of , 1992, with five (5) concurrent options to renew for five (5) years each. The annual lease payment shall be as set out: EXHIBIT "A" Years 1-5 $2,800 per year Years 6-10 $3,000 per year Years 11-15 $3,500 per year Years 16-20 $4,000 per year Years 21-25 $4,500 per year Years 26-30 $5,000 per year III. In order to exercise each option to renew, CSSI shall provide to the City of Beaumont in writing its acceptance of the option for the additional five (5) year term. Acceptance of such option shall be provided by CSSI to City at least thirty (30) days prior to the end of the primary term or end of any option term. Lease payments provided for herein shall be made annually in advance within the first thirty (30) days of each year during the term of this lease or any extension thereof. IV. City will provide reasonable maintenance of the parking spaces leased herein. V. CSSI will be solely responsible for the control of parking within the spaces leased herein and may stripe and sign the spaces as desired by CSSI to provide such parking control. VI. This lease agreement may be assigned by CSSI with the written consent of City which consent shall not be unreasonably withheld. Additionally, CSSI is specifically authorized to allow tenants and guests of its adjoining properties to use the parking spaces and CSSI may charge for such use. CSSI shall maintain at CSSI's expense, throughout the term of this - 2 - agreement, public liability insurance with primary limits of not less than $500,000 for bodily injury and not less than $100,000 for property damage and with excess limits (in excess of primary limits) under a commercial umbrella liability policy of not less than $1,000,000. With respect to such insurance, City shall be shown as an additional insured and CSSI shall furnish City with a certificate or certificates of insurance evidencing such insurance to be in force. VII. All past due rents shall bear interest at ten percent (10%) per annum from date due until paid. All property of CSSI placed on the leased parking spaces shall be subject to a lien in favor of City for the payment of all rents or other sums agreed to be paid by CSSI. VIII. Should it become necessary to collect any rents due hereunder by legal proceedings, CSSI promises to pay an additional amount to cover City's court costs and all reasonable attorney's fees and costs with respect thereto. IX. If CSSI makes default in the performance of any of its obligations hereunder and remains in default with respect thereto for ten (10) days after receipt of notice in writing specifying such default, or if CSSI be declared bankrupt, or if a Receiver be appointed for CSSI, or if CSSI attempts to transfer this lease for the benefit of creditors, except the assumption of the lease by a mortgagor as provided in Section VI, City may, at City's option, declare this lease terminated immediately or at any time thereafter while such default or contingency continues and may thereupon, without further notice, enter upon the leased area - 3 - and take possession thereof, or City may, at City's election, reenter the premises and relet them for any rental amount either as a whole or as individual parking spaces and receive the rent therefor, applying same first upon such expenses as City may be put to in reentering and reletting the premises and then to the payment of rent or any other sum accruing under this agreement, paying the balance, if any, to CSSI and CSSI shall remain liable for any deficiency. No waiver by City of any breach of any of the provisions or covenants of this agreement to be performed by CSSI shall be construed as a waiver of any other breach of any of the covenants of this agreement. X. CSSI agrees to and shall indemnify and hold harmless City, its officers, agents, and employees from and against any and all claims, demands, losses, damages, causes of action, suits and liabilities of every kind (including reasonable attorneys' fees, court costs and other expenses related thereto) for injury to or death of a person or for loss of or damage to any property, arising out of or in connection with the occupancy of the parking spaces leased herein by CSSI under the terms of this agreement or any action taken or permitted by CSSI, its subcontractors, agents or employees under this agreement. It is the express intention of the parties hereto, both City and CSSI, that the indemnity provided for in this paragraph indemnifies City for its own negligence, whether that negligence is active or passive or is the sole or a concurring cause of the injury, death or damage; provided that said indemnity shall not protect City from liability for death, injury or damage arising solely out of the criminal actions of City, its officers, agents and employees. - 4 - EXECUTED in duplicate originals this the day of , 1992. CROCKETT STREET STATION, INC. ATTEST: Thomas M. Flanagan, President Secretary THE CITY OF BEAUMONT ATTEST: City Manager City Clerk - 5 - THE CR❑CKETT STREET PARKING PLAZA SITE PLAN SCALE, N,T.S. MLEASED AREA .. .t"' . .... . .. . 4'B-B . . . .. ... .. . .... . .... ..� . . . . . .... .. . . ... . . .. . . . . .. . .... .... . . ... ... .. . . .. ..... .. J� v . . . .. .. . ....... . ........ . .... . ....P.. . . . .. . ..- - �--E Li .. . . . .... a .. . . ........... .... . .. . . ... .... .... ... . . . .. . . . . . .. .... . . ...... .. . ... .. . .. . . .. . . .. 41'B_ 23' B-B PARK ACAD DWG, CROPAR