HomeMy WebLinkAboutRES 94-054 RESOLUTION NO. _ y-5zl
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
agreement, substantially in the form attached hereto as Exhibit "A," with the Beaumont
Independent School District for a 20,555 square foot tract of land out of the College Square
Block of the Original Town Site of Beaumont for Ten Dollars ($10.00) per year for a
beautification project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the G &I day
of ,d�, , 1994.
- Mayor -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AGREEMENT
WHEREAS, BEAUMONT INDEPENDENT SCHOOL DISTRICT (BISD) owns a
small, irregularly-shaped parcel of land in the College Square
Block of the original town site of Beaumont, Jefferson County,
Texas, Travis Abstract No. 52, fronting on College Street, between
Neches and Trinity Streets, adjoining the College/Wall Street
Connecter project, which parcel is not presently needed for
educational purposes, and
WHEREAS, the CITY OF BEAUMONT, TEXAS (City) wishes to lease
that parcel from BISD for a landscaping project, as part of its
continuing effort to beautify its thoroughfares;
NOW, THEREFORE, pursuant to the authority granted to the
undersigned by the governing bodies of the respective political
entities, BISD and City enter into the following lease agreement
referable to subject property:
1. Term. The initial term of this lease will be five (5)
years from date of execution. City may apply in writing to BISD
for extensions of the lease in additional increments of five (5)
years.
2 . Termination. Either party may terminate the lease
agreement upon 120 days notice in writing to the other.
In the event of termination, City agrees to remove at its cost
from subject premises all improvements and to restore the site to
its general condition as it was prior to execution of this lease.
EXtiIBIT "A"
3. Rental. City shall pay to BISD an annual rental of Ten
Dollars ($10.00) , due and payable in advance on the anniversary
date of execution of the lease agreement, which amount is deemed by
the parties to be good and valuable consideration.
4. Purpose and Uses. City intends to use subject premises
as a landscaping project, as part of its continuing effort to
beautify its thoroughfares. City may install fences, monuments,
memorials, scrubs and other plantations, and such other decorative
fixtures as may be consistent with its thoroughfare beautification
project.
City may not erect any permanent buildings or other structures
on subject premises without prior written approval of BISD.
5. Assumption of Risks of Liability. City assumes all risks
of liability associated with its leasing of subject premises, as
set forth more specifically in the letter to BISD from Ray A.
Riley, its City Manager, attached hereto and incorporated by
reference for all purposes.
6. Assignment. This lease agreement may not be assigned, or
subject premises sublet by City, without the prior written
permission of BISD.
7. Insurance. City shall furnish to BISD a standard letter
of assumption of responsibility referable to the City's activities
on or use of subject premises.
8. Notices. All notice requirement hereunder shall be
deemed to have been met if made by certified mail, return receipt .
requested, and addressed to:
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a. Business Manager b. City Manager
Beaumont I.S.D. City of Beaumont
3395 Harrison P. O. Box 3827
Beaumont, TX 77706 Beaumont, TX 77704
Executed in duplicate originals on the day of
1994.
BEAUMONT I.S.D. , LESSOR
By:
Charles T. Starcke
Its Business Manager
CITY OF BEAUMONT, LESSEE
By:
Ray Riley
Its City Manager
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THE STATE OF TEXAS §
COUNTY OF TEXAS §
Before me, the undersigned notary public, on this day
personally appeared Charles T. Starcke, Business Manager, Beaumont
I.S.D. , known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed
the same in that capacity for the purposes and consideration
therein expressed.
Given under my hand and seal of office this day of
1994.
Notary Public
THE STATE OF TEXAS §
COUNTY OF TEXAS §
Before me, the undersigned notary public, on this day
personally appeared Ray Riley, City Manager, City of Beaumont,
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the
same in that capacity for the purposes and consideration therein
expressed.
Given under my hand and seal of office this day of
1994.
Notary Public
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