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HomeMy WebLinkAboutRES 93-067 93 -�7 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 five (5) year lease renewal agreement with the Beaumont Art League, for art museum property located on the Fair Park grounds, a copy of which is attached as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the l h�k day of _ , 1993. - Mayor - THE STATE OF TEXAS * ' COUNTY OF JEFFERSON THIS LEASE CONTRACT, dated the day of , 19� by and between the City of Beaumont, a municipal corporation of Jefferson County, Texas, acting herein by and through its duly authorized City Manager, hereinafter referred to as "Lessor,"and the Beaumont Art League,a corporation of Jefferson County,Texas,acting herein by and through its legally constituted officers, hereinafter referred to as "Lessee'; WITNESSETH: For and in consideration of the sum of One Dollar ($1.00) cash and the performance by Lessee of the covenants and conditions hereinafter recited, Lessor does by these presents lease, let and demise unto Lessee the following described property and improvements thereon, located within the City of Beaumont, Jefferson County, Texas, and being part of Fair Park, and more particularly described as follows: Being a tract of land out of the South Texas State Fair Grounds property in the James Drake Survey in the City of Beaumont, Jefferson County, Texas, and being more particularly described as follows: Beginning at a point lying sixty-seven and sixty-five hundredths feet (67.65') west of the west line of Gulf Street and three hundred sixty-one and thirty-five hundredths feet (36135') north of the north line of Plum Avenue as both are now established in the City of Beaumont, said point being marked by a one-half inch (1/2") iron rod; Thence west two hundred two feet (202') to corner marked by a one-half inch (1/2") iron rod, said point being at the south edge of an existing concrete walk and being thirty feet (30.') east of the easterly line projected of what is now known as the Agricultural Building; Thence south 00 03' west along a line parallel with and thirty feet (30') east of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths feet (96.65') to corner marked by a one-half inch (1/2") iron rod, said point being in line with the southerly line of said Agricultural Building projected eastward; Thence south 89 54' east along the southerly line of said Agricultural Building projected eastward two hundred two feet (202') to corner marked by a one-half inch (1/2") iron rod; Thence north 00 03' east ninety-seven feet (97') to the place of beginning; EXHIBIT "A" The above described tract contains 0.449 acres, more or less; The lease shall be for a term of five (5) years, beginning on the and ending on the 1. The premises leased hereunder shall be used by the Lessee for the purpose of advancing the arts and for such other further purposes as the Lessee desires in the furthering of fine arts. 2. Lessor reserves the right to park motor vehicles on the leased premises in connection with its use of Fair Park,providing that no parking shall be permitted within ten feet (10')of any building on said leased premises. 3. Lessor, its employees and agents, shall have the right at all times to go on or about the said premises for the purpose of inspecting same, or for any other legitimate purpose. 4. Lessee shall not make alterations, additions, or improvements to the leased premises or buildings thereon, without the prior written approval of the City Manager of Lessor and all such alterations, improvements and additions made by Lessee upon the leased premises shall remain upon the leased premises at the expiration of this lease and become the property of Lessor. 5. Lessee shall be responsible for any and all maintenance and repairs, either major or minor, that are necessary to the leased premises and Lessee agrees to keep the leased premises in a good state of repair throughout the term of this lease or any extension thereof. Lessor agrees to pay all utility charges during the term of this lease and any extensions. On the expiration of this lease, Lessee shall deliver the premises described herein and all improvements thereon, to Lessor in good condition. 2 6. Lessee agrees to save the Lessor free and harmless from all claims or liability for damages to any person or persons for injuries to person or personal injuries resulting in the death of any person, or loss or damage to property occasioned by or in connection with the use of the premises hereby rented caused by any source whatsoever. Lessee hereby assumes full responsibility for the character acts and conduct of all persons admitted to said premises, or to any portion of said building by the consent of the said Lessee, or by or with the consent of the said Lessee. 7. Lessee agrees to obtain and maintain in full force and effect for the duration of this agreement, and any extension thereof. Commercial General Liability Insurance on the leased premises in the following types and amounts: 7.1 Premises operations Combined single limit for 7.2 Independent contractors bodily injury and property 7.3 Personal injury damage of$500,000 per 7.4 Advertising injury occurrence with an aggregate limit of$1,000,000. 7.5 Medical payments $5,000 7.6 Fire legal liability $50,000 The cost of said policies shall be borne by Lessee, and said policies shall name Lessor as a named insured as well as Lessee. Policies shall provide for 15 days notice to City for cancellation, non-renewal or material change. 8. At the expiration of the term of this lease, Lessee may hold over on a month-to-month basis only under the same terms and conditions as set out in this lease. 9. Lessee acknowledges that the Young Men's Business League("YMBL")has leased all of Fair Park for the operation of the South Texas State Fair. Lessee acknowledges,understands and accepts that during such leased period each year access to the leased premises and parking may be severally 3 limited or denied and that, although Lessee's use of the interior:of the building on the leased premises is not legally limited by the YMBL's use of Fair Park, it may be, as a practical matter, severally limited by inconsistent uses put to the surrounding property by the YMBL in their operation of the South Texas State Fair. The substance of the provision of Paragraph 9 of this lease shall be incorporated into that certain lease contract entered into by and between Lessor herein and the said Young Men's Business League of Beaumont, Texas, covering the said South Texas State Fair Grounds and the said twenty- nine (29) day period. 10. This lease is made subject to all provisions of the City Charter of the City of Beaumont, Texas. EXECUTED in duplicate originals, this day of , 19_ CITY OF BEAUMONT, TEXAS BY.. Ray A. Riley, City Manager City of Beaumont, Texas ATTEST: "LESSOR" -City Clerk- BEAUMONT ART LEAGUE BY: Maggie Wilkerson, President Beaumont Art League ATTEST: "LESSEE" 4