Loading...
HomeMy WebLinkAboutRES 95-334 n t RESOLUTION NO. -3�1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to renew a lease agreement with the Neches Valley Producers Association for the lease of the area known as "Farmers Market", a 2.72 acre site out of the James Drake Survey and located at 2095 St. Helena Street. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1995. - Mayor - THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON LEASE AGREEMENT This Lease Agreement, dated this the day of , 1995, by and between the CITY OF BEAUMONT, a municipal corporation organized under the laws of the State of Texas, domiciled in Jefferson County, Texas, hereinafter called "Lessor", and THE NECHES VALLEY PRODUCERS ASSOCIATION, a corporation with principal offices in Hardin County, Texas, hereinafter called "Lessee". WITNESSETH: Lessor, as the sole owner of the premises described below, 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 north- easterly right-of-way line of the G.B. & K.C. (Santa Fe) Rail- road and the present west line of Saint Helena Street; THENCE north along the said present west line of Saint Helena Street three hundred thirty-five (335) feet to the southeast corner of the tract of land herein described; THENCE west 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 southwest corner in the said northeasterly right-of-way line of the G.B. & K.C. (Santa Fe) Railroad; THENCE north thirty-two degrees eight minutes west along the said northeasterly right-of-way line of the G.B. & K.C. (Santa Fe) Railroad four hundred thirty-one and three hundredths (431.03) feet to a point for northwest comer, said point being the right-of-way line of the G.B. & K.C. (Santa Fe) Railroad; EXHIBIT "A" LEASE AGREEMENT Page 2 of 6 THENCE east along a line perpendicular to said present west line of Saint Helena Street four hundred thirty-nine and sixty- eight hundredths (439.68) feet to a point for northeast corner, said point being in the west line of Saint Helena Street; THENCE south along the present, west line of Saint Helena Street three hundred sixty-five (365.00) feet to the Place of Beginning, containing 2.72 acres of land, more or less, as depicted on the Exhibit "A" attached; SAVE AND EXCEPT out of the above described property a twenty(20)foot drainage easement for storm sewer purposes adjacent to the continuing along the Railroad right-of-way that adjoins the above described property, with the right of Grantor to enter upon, cross, and work at all times the heretofore described property; 1. The term of this lease shall be for five (5) years, commencing on the 1 st day of January, 1996, and expiring on the 31st day of December, 2000, upon the following conditions, obligations and covenants: 2. In consideration of the mutual covenants and agreements herein set forth, Lessee agrees to pay to Lessor as rent for said premises the sum of Five Dollars ($5.00), in advance, for the term of this Lease Agreement. 3. Lessee agrees to operate, maintain and conduct upon the above described leased premises, a public market for the sale of produce, same to be known as "The LEASE AGREEMENT Page 3 of 6 Farmers Market. It is further understood and agreed between the parties hereto that Lessee will use the leased premises for the aforementioned purpose, unless Lessor shall give Lessee prior written consent for a different use. 4. Lessee agrees that only members of its Association residing in the Counties of Chambers, Galveston, Hardin, Jasper, Jefferson, Liberty, Newton, Angelina, Orange, Polk, Tyler, Sabine, and San Augustine, who are bona fide producers of the products he proposes to sell, will be allowed to sell in this market, except that bona fide producers residing in counties other than those named may, in the discretion of the Market Master, be permitted to use the market in times of scarcity of produce on a day-today basis, it being understood by the parties hereto that commercial produce dealers who are not bona fide producers will not be permitted to sell on this market. 5. Lessee shall be responsible for the maintenance of the leased premises and agrees to keep all improvements placed thereon in good repair and in clean condition, and agrees to keep the parking area clean and property surfaced at all times. 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 AGREEMENT Page 4 of 6 lease, Lessee shall deliver the premises described herein to Lessor in a clean condition and cleared of all buildings, foundations, rubbish, etc., unless Lessee and Lessor mutually agree to renew this lease agreement upon expiration thereof. 6. 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. 7. Lessee shall indemnify and hold Lessor harmless from any and all liabilities, claims, damages, judgments, injuries, costs, and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of Lessee's business or its use of the leased premises. 8. Lessee shall carry a policy of comprehensive general liability insurance with a company acceptable to Lessor, naming the Lessor as an additional insured in the sum of Five Hundred Thousand Dollars ($500,000.00) combined single limit during the entire term of the contract. The original certificate of insurance shall be filed with the City Clerk of the City of Beaumont, prior to Lessee's taking possession of the described premises under this lease. LEASE AGREEMENT Page 5 of 6 9. 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 sixty (60) days prior to the effective date of cancellation. It is understood, however, that Lessor will not give notice of cancellation so that the time of cancellation will occur during the months of June, July, or August, which is heavy marketing season of said Association. Upon notice of cancellation by Lessor or at termination of lease in any other manner, Lessee agrees to remove all improvements within forth (40) days or same will become the property of Lessor at its option. 10. It is understood between the parties hereto that Lessor reserves the right at any and all times to enter said premises or any part thereof for the purpose of constructing, reconstructing, or maintaining the drainage ditches or drainage structures located on the leased premises. 11. Should Lessee hold over the premises, or any part thereof, after the expiration of the term of this lease, unless otherwise agreed in writing, such holding over shall constitute and be construed as tenancy from month-to-month only. Inclusion of the preceding sentence shall not be construed as Lessor's consent for Lessee to hold over. LEASE AGREEMENT Page 6 of 6 EXECUTED in duplicate originals, this the day of , 1995, by Lessor, acting herein by and through its City Manager, hereunto duly authorized, and Lessee, acting herein by and through its President. LESSOR: LESSEE: THE CITY OF BEAUMONT THE NECHES VALLEY PRODUCERS ASSOCIATION BY: BY: RAY A. RILEY, CITY MANAGER VICTOR CARAWAY, PRESIDENT EXHIBIT A . 1 O 1 6 6O SO U" r I ELL AYE Qp h NECHES VALLEY ._. 431 .03' PRODUCERS o. ., FARMERS S MARKET �•: G—�2 PROPOSED LEASE AREA 210.42' 4 f 7 c \ N- 10 1jd.9 60 .oG i I � � t!3 /9Q I O 1 O .co \ \ 9 W AV DD I Y..�• c.i GLADYS 'fls \`, Ln ;J• •S't