HomeMy WebLinkAboutRES 94-327 RESOLUTION NO. 11-3
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a five (5) year lease agreement
with Southeast Texas Community Development Corporation, Inc. The agreement is
substantially in the form attached hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the �,a day
of ��,�; � , 1994.
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- Mayor -
LEASE AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON
This lease is made and executed on the day of , 1994, by and between
THE CITY OF BEAUMONT, a municipal corporation organized under the laws of the
State of Texas, located and domiciled in Jefferson County, Texas, herein referred to as
Lessor, and Southeast Texas Community Development Corporation, Inc., a non-profit
corporation organized under the non-profit laws of the State of Texas, having its principal
place of business in the City of Beaumont, County of Jefferson, State of Texas, herein
referred to as Lessee.
In consideration of the mutual covenants contained herein, the parties agree as
follows:
I.
Lessor leases to Lessee the premises located at 1190 Grand, City of Beaumont,
County of Jefferson, State of Texas, and described more particularly in Exhibit "X, attached
hereto and made a part hereof.
II.
The term of this lease is five (5) years, beginning on December 1, 1994 and
terminating at twelve o'clock, p.m. on the day before the 5th anniversary date of the lease
unless terminated as hereinafter provided.
III.
The total rent under this lease is ten ($10.00) dollars, the receipt and sufficiency of
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EXHIBIT "A"
which is hereby acknowledged.
IV.
The premises are to be used for the purpose of providing various nonprofit services
to low and moderate income families of the City of Beaumont. These services include
operation of a center for empowering individuals, families, neighborhoods and communities
with career education and job placement, business development, acquisition and
rehabilitation of affordable housing, revitalizing communities through the elimination of
blight and creating tax revenue. Lessee shall restrict its use to such purposes, and shall not
use or permit the use of the premises for any other purpose without the written consent of
Lessor, or Lessor's authorized agent. Lessee must conduct its business on the premises in
a safe and sanitary manner at all times.
V.
Lessee shall not use the premises in any manner that will increase risks covered by
insurance on the premises and result in an increase in the rate of insurance or a cancellation
of any insurance policy, even if such use may be in furtherance of Lessee's business
purposes. Lessee shall not keep, use, or sell anything prohibited by any policy of fire
insurance covering the premises, and shall comply with all requirements of the insurers
applicable to the premises necessary to keep in force the fire and liability insurance.
Vl.
Lessee shall not allow any waste or nuisance on the premises, or use or allow the
premises to be used for any unlawful purpose.
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VII.
This lease shall not be rendered void or voidable by the inability of Lessor to deliver
possession to Lessee on the date set forth in Section Two, and Lessor shall not be liable to
Lessee for any loss or damage suffered by reason of such a delay.
VIII.
Lessee shall arrange and pay for all utilities furnished to the premises for the term
of this lease, including electricity, gas, water, sewer, garbage and telephone service. All
grounds maintenance activities shall be the responsibility of the Lessee.
IX.
Lessee shall, at all times during the lease and at its own cost and expense, repair,
replace, and maintain in a good, safe, and substantial condition, all buildings, fixtures,
equipment and any improvements, additions, and alterations thereto, on the demised
premises, and shall use all reasonable precaution to prevent waste, damage, or injury to the
demised premises. Lessee shall not be permitted to erect a new building or additions,
alterations, or modifications to the existing buildings without obtaining permission in writing
from the Lessor. In the event Lessee is granted such permission, Lessee agrees that all such
additions, alterations or modifications shall become the property of Lessor at the time of
such addition, alteration or modification.
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X.
Acceptance of the premises by Lessee shall be construed as recognition that the
premises are in a good state of repair and in sanitary condition. Lessee shall surrender the
premises at the end of the lease term, or any renewal thereof, or if terminated before the
end of the term or any renewal, in the same condition as when Lessee took possession,
allowing for reasonable use and wear, and damage by acts of God, including fires and
storms. Before surrender, Lessee shall remove all business signs placed on the premises by
Lessee and restore the portion of the premises on which they were placed in the same
condition as when received.
XI.
Partial destruction of the leased premises shall not render this lease void or voidable,
nor terminate it except as herein provided. If the premises are partially destroyed during
the term of this lease, Lessee shall repair them when such repairs can be made in conformity
with governmental laws and regulations, within 180 days of the partial destruction. Written
notice of the intention of Lessee to repair shall be given to Lessor within 30 days after any
partial destruction.
XII.
Lessor reserves the right to enter on the premises at reasonable times to inspect
them, make additions, alterations, or modifications to any part of the building in which the
premises are located, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding,
fences, and similar structures, post relevant notices, and place movable equipment in
connection with making alterations, addition, or modifications, all without incurring liability
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to Lessee for disturbance or quiet enjoyment of the premises, or loss of occupation thereof.
XIII.
Lessee shall not construct or place signs, awnings, marquees, or other structures
projecting from the exterior of the premises without the written consent of Lessor. Lessee
shall remove signs, displays, advertisement, or decorations it has placed on the premises that,
in the option of Lessor, are offensive or otherwise objectionable. If Lessee fails to remove
such signs, displays, advertisements,or decorations within five (5) days after receiving written
notice from Lessor to remove them, Lessor reserves the right to enter the premises and
remove them at the expense of Lessee.
XIV.
Lessor shall not be liable for liability or damage claims for injury or death to persons
or property from any cause relating to the occupancy of the premises by Lessee, including
those arising out of damages or losses occurring on sidewalks and other areas adjacent to
the leased premises during the term of this lease or any extension thereof. The Lessee
agrees to indemnify and hold harmless Lessor from any and all claims, causes of action, and
damages of every kind, for injury to or death of any person and damages to property arising
out of the occupancy and use of the premises of the operations embraced by this lease, and
including acts or omissions of the City of Beaumont in connection therewith.
XV.
Lessee shall, at its own cost and expense, carry Public Liability and Property Damages
Insurance covering operations hazards (and including the Lessee's obligations under the
Indemnification provision contained in paragraph XV) with a company acceptable to City
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with City as a named insured in the sums of Five Hundred Thousand and No/100
($500,000.00) Dollars per occurrence and One Million and No/100 Dollars ($1,000,000.00)
in aggregate, and One Hundred Thousand and No/100 ($100,000.00) Dollars property
damage. However, should Lessor determine at any time during the term of this agreement
that the above coverage is inadequate, it shall notify Lessee in writing to increase the
amount of such insurance so the same shall be adequate. The failure of Lessee to obtain
said additional insurance within 30 days of Lessor's request shall constitute a breach of this
lease. The certificates of insurance furnished hereunder shall be provided to Lessor prior
to occupancy by the Lessee and shall provide that the Lessor be notified thirty (30) days
prior to the cancellation of such insurance coverage.
XVI.
Lessee shall not assign or sublease the premises, or any right or privilege connected
therewith without first obtaining the written consent of Lessor.
XVII.
The appointment of a receiver to take possession of the assets of Lessee, a general
assignment for the benefit of the creditors of Lessee, any action taken or allowed to be
taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with each and
every term and condition of this lease shall constitute a breach of this lease. If Lessee fails
to operate as a non-profit corporation, it shall constitute a breach and a default.
XVIII.
Lessor shall have the following remedy in addition to its other rights and remedies
in the event Lessee breaches this lease agreement:
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Pursuant to the authority of Resolution Number 94-32, passed by Beaumont City
Council on February 8, 1994, the City Manager executed a contract on February 28, 1994
designating Lessee an authorized Community Housing Development Organization(CHDO).
If for any reason this designation is terminated or revoked, this lease agreement shall
terminate on fifteen (15) days written notice to Lessee.
This agreement may be terminated by either party upon giving thirty(30)days written
notice.
Lessor shall have the right to terminate this lease on fifteen (15) day's written notice
to Lessee of any matter constituting a default or breach of this lease.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right
on any future occasion.
XIX.
If Lessor files an action to enforce any agreement contained in this lease, or for
breach of any covenant or condition, Lessee shall pay Lessor reasonable attorney's fees for
the services of Lessor's attorney in the action, all fees to be fixed by the court.
XX.
Eminent domain proceedings resulting in the condemnation of a part of the premises
leased herein, but leaving the remaining premises usable by Lessee for the purposes of its
business, will not terminate this lease unless Lessor, at its option, terminates the lease by
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giving written notice of termination to Lessee. The effect of any condemnation, where the
option to terminate is not exercised, will be to terminate the lease as to the portion of the
premises condemned, and the lease of the remainder of the demised premises shall remain
intact. Lessee hereby assigns and transfers to Lessor any claim he may have to
compensation for damages as a result of any condemnation.
In witness whereof, the parties have executed this lease this the day of ,
1994.
CITY OF BEAUMONT
Ray A. Riley, City Manager
ATTEST:
Rosemarie Chiappetta, City Clerk
SOUTHEAST TEXAS COMMUNITY
DEVELOPMENT CORPORATION,INC.
Albert J. Price, Sr., President
ATTEST:
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EXHIBIT "A"
All buildings and improvements located at Plat X, Tract 28, J. Mc Faddin Survey of
Beaumont, Jefferson County, Texas.
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