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HomeMy WebLinkAboutRES 07-036 RESOLUTION NO. 07-036 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, substantially in the form attached hereto as Exhibit "A," with Memorial Hermann Baptist Beaumont Hospital for a 1.413 acre tract of land within Central Park to be used for materials storage PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. elEAU X �> t sea w : , Mayor Guy N. Goodson - �O`!!` " XIN THE STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT This lease agreement is made and entered into by and between the CITY OF BEAUMONT (Landlord) and MEMORIAL HERMANN BAPTIST BEAUMONT HOSPITAL (Tenant). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain property described as a 1.413 tract of land located between the National Guard Armory and Memorial Hermann Baptist Hospital within the City of Beaumont's Central Park on College Street, as illustrated in Exhibit"A" in the City of Beaumont, Jefferson County, Texas, hereinafter called the "leased premises." The primary term of this lease shall be for a term not to exceed eighteen (18) months commencing on the day of , 2007 and ending at 11:59 p.m. on the __day of , 2008 upon the following terms, conditions and covenants: 1. UTILITIES. Tenant shall pay all charges for utility services to the leased premises including all connection and turn-on charges. 2. HOLDING OVER. Failure of Tenant to surrender the leased premises at the expiration of the lease or any extension thereof constitutes a holding over which shall be construed as a tenancy from month to month at the same rate per month. 3. RENT. Tenant agrees to and shall pay Landlord at City Hall, Cash Management Division, 801 Main Street,Suite 110 or by mailing to City of Beaumont,Cash Management Division, P.O.Box 3827, Beaumont, Texas 77704, or at such other place Landlord shall designate from time to time in writing, as rent for the leased premises, the sum of Two Thousand Dollars and No Cents ($2000.00) payable per month, in advance, on or before the day of each month, commencing on and continuing thereafter until the term of the lease expires. Rent received after the first day of the month shall be deemed delinquent. If rent is not received by Landlord by the fifteenth (15th) day of each month, Tenant shall pay a late charge of One Hundred Dollars ($100.00) plus a penalty of Twenty-five Dollars ($25.00) per day until rent is received in full. Tenant shall pay Twenty-Five Dollars ($25.00)for each returned check. 4. USE. Tenant shall use the leased premises for the following purpose and no other: materials storage while a new hospital wing is under construction. 5. INSURANCE. Tenant shall provide public comprehensive general liability insurance including broad-form coverage, which policy shall cover the Landlord as well as the Tenant. Said insurance policies required to be provided by Tenant herein shall name Landlord as an additional insured and shall be issued by an insurance company approved by Landlord. Tenant shall provide Landlord with certificates of insurance evidencing the coverage required herein. Tenant shall be solely responsible for fire and casualty insurance on Tenant's property on or about the leased premises. Tenant is required to give Landlord thirty(30)days notice of cancellation or nonrenewal of insurance. If Tenant does not maintain such insurance in full force and effect, Landlord may Page 1 of 5 EXHIBIT "A" immediately terminate this lease. 6. CONDITION OF PREMISES. Tenant has examined and accepts the leased premises in its present as-is condition as suitable for the purposes for which the same are leased. 7. ALTERATIONS. All alterations,additions and improvements installed at expense of Tenant, shaill become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions and improvements may only be made with the prior written consent of Landlord,which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No structure of any kind shall be placed on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the leased premises shall not be damaged thereby. Upon termination of this lease, Tenant shall remove or cause to be removed from the leased premises any such structure(s)if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration and casualty loss; not caused by Tenant only excepted. Any damage caused by the installation or removal of structure(s) shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions and repairs made by Tenant shall be made in a good and workmanlike manner. 8. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall, at its own expense, comply with all laws,orders and requirements of all governmental entities with reference to the use and occupancy of the leased premises. Tenant and Tenant's agents,employees and invitees shall fully comply with any rules and regulations governing the use of the structures or other improvements to the leased premises as required by Landlord. Landlord may make reasonable changes in such rules and regulations from time to time as deemed advisable for the safety, care and cleanliness of the leased premises, provided same are in writing and are not in conflict with this lease. 9. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of Landlord. An assignment or subletting without the written consent of Landlord shall be void and shall, at the option of Landlord, terminate this lease. 10. TENANT DEFAULTAND REMOVAL OF ABANDONED PROPERTY. If Tenant abandons the premises or otherwise defaults in the performance of any obligations or covenants herein, Landlord may enforce the performance of this lease in any manner provided by law. This lease may be terminated at Landlord's discretion if such abandonment or default continues for a period of ten (10) days after Landlord notifies Tenant of such abandonment or default and of Landlord's intention to declare this lease terminated. Such notice shall be sent by Landlord to Tenant at Tenant's last known address by certified mail. If Tenant has not completely removed or cured default within the ten (10)day period, this lease shall terminate. Thereafter, Landlord or its agents shall have the right,without further notice or demand,to enter the leased premises and remove all Page 2 of 5 property without being deemed guilty of trespass and without waiving any other remedies for arrears of rent or breach of covenant. Upon abandonment or default by the Tenant,the remaining unpaid portion of the rental from Paragraph 4 herein shall become due and payable. For purposes of this section, Tenant is presumed to have abandoned the premises if goods, equipment or other property, in an amount substantial enough to indicate a probable intent to abandon the premises, is being or has been removed from the premises and the removal is not within the normal course of Tenant's business. Landlord shall have the right to store any property of Tenant that remains on premises that are abandoned;and, in addition to Landlord's other rights, Landlord may dispose of the stored property if Tenant does not claim the property within sixty(60)days after the date the property is stored, provided Landlord delivers by certified mail to Tenant at Tenant's last known address, a notice stating the Landlord may dispose of Tenant's property within sixty(60)days after the date the property is stored. 11. EXCLUSION OF TENANT. Landlord may not intentionally prevent Tenant from entering the leased premises except by Judicial process unless the exclusion results from (1) bona fide repairs, construction or an emergency, or (b) removing the contents of premises abandoned by Tenant. 12. LIEN. Landlord is granted an express contractual lien, in addition to any lien provided by law, and a security interest in all property of Tenant found on the leased premises to secure the compliance by Tenant with all terms of this lease. 13. INDEMNITY. Landlord and its employees and agents shall not be liable to Tenant or to Tenant's employees, patrons,visitors,invitees or any other persons for any such injury to any such persons or for damage to personal property caused by an act, omission or neglect of Tenant or Tenant's agents or of any other tenant of the premises of which the leased premises is a part. Tenant agrees to indemnify and hold Landlord and its employees and agents harmless from any and all claims for such injury and damages, arising out of the use or condition of the leased premises. This indemnity expressly includes allegations of negligence on the Part of Landlord, its agents, officers and employees. 14. SIGNS BY TENANT. Tenant shall not post or paint any signs at, on or about the leased premises except with the prior written consent of Landlord. Landlord shall have the right to remove any sign or signs in order to maintain the leased premises or to make any repairs or alterations thereto. 15. SIGNS BY OWNER. During the last thirty (30) days of this lease, a "For Sale" sign and/or a "For Lease" sign may be displayed on the leased premises and the leased premises may be shown at reasonable times to prospective purchasers or tenants. 16. TENANT BANKRUPTCY. If Tenant becomes bankrupt or makes voluntary assignment for the benefit of creditors or if a receiver is appointed for Tenant, Landlord may terminate this lease by giving five (5) days written notice to Tenant of Landlord's intention to do so. 17. CONDEMNATION. If the whole or any substantial part of the leased premises is taken for any public or quasi-public use under any governmental law, ordinance or regulation or by right of eminent domain or should the leased premises be sold to a condemning authority under threat of condemnation, this lease shall terminate and the rent shall be abated during the unexpired portion of the lease effective from the date of the physical taking of the leased premises. Page 3 of 5 18. NOTICES. Notices to Tenant shall be by certified mail or other delivery to the leased premises or to Tenant's last known address. Notices to Landlord shall be by certified mail to the place where rent is payable. 19. DEFAULT BY LANDLORD. In the event of breach by Landlord of any covenant,warranty, term or obligation of this lease, then Landlord's failure to cure same or commence a good faith effort to cure same within ten (10) days after written notice thereof by Tenant shall be considered a default and shall entitle Tenant to either terminate this lease or cure the default and make the necessary repairs,and any expenses incurred by Tenant shall be reimbursed by the Landlord after reasonable notice of the repairs and expenses incurred. 20. RIGHT OF ENTRY. Landlord shall have the right during normal business hours to enter the leased premises(a)to inspect the general condition and state of repair thereof, (b)to make repairs required or permitted under this lease, or (c) any other reasonable purpose. 21. WAIVER OF BREACH. The waiver by Landlord of any breach of any provision of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this lease. 22. TIME OF ESSENCE. Time is expressly declared to be of the essence in this lease. 23. BINDING OF HEIRS AND ASSIGNS. Subject to the provisions of this lease pertaining to assignment of the Tenant's interest, all provisions of this lease shall extend to and bind, or inure to the benefit not only of the parties to this lease but to each and every one of the heirs, executors, representatives, successors and assigns of Landlord or Tenant. 24. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this lease agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 25. TEXAS LAW TO APPLY. This agreement shall be construed under and in accordance with the laws of the State of Texas. 26. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 27. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this lease. 28. AMENDMENT. No amendment, modification or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the parities. 29. ATTORNEYS' FEES. Any signatory to this lease agreement who is the prevailing party in Page 4 of 5 any legal proceeding against any other signatory brought under or with relation to this lease agreement or the transaction shall be additionally entitled to recover court costs, reasonable attorney fees and all other out-of-pocket costs of litigation, including deposition,travel and witness costs, from the non-prevailing party. 30. TERMINATION. Tenant may terminate lease prior to expiration date by providing Landlord thirty (30) days written notice. EXECUTED this day of , 2007. TENANT: LANDLORD: MEMORIAL HERMANN BAPTIST CITY OF BEAUMONT BEAUMONT HOSPITAL Terry Scott Kyle Hayes Director of Facilities City Manager Address: Address: Memorial Hermann Baptist Beaumont Hospital Executive Offices 3080 College St. City of Beaumont Beaumont, TX 77704 801 Main Street Beaumont, TX 77701 Telephone: Telephone: (409) 212-5081 (409) 880-3716 Page 5 of 5 SUBJECT CEDAR 2 MP RR OLOWOOD CROCKETT �z z z _ - J W. BREN"AM O IE �L Q CD PROPOSED LEASE FANNIN OF B L M J. Central CENTRAL PARK 5P• ° " s1P L MEDICAL Park L PROPERTY U, w 9L C) 90 9L y o ti yL OY l_- O = JO CHI BLANC" E ? F C" BOLT AR LI AR w = w > LEGEND Q Q > Q SUBJECT PROPERTY LOCATION MAP N.T.S. FANN/N STREET 998.10'IV 89'5851"E N 00 0 0 CENTRAL PARK w W c Q N.T.S. 0 0 851.20N 89.5820"E p 35.1-20W 89"59'20"E 300.007V 8959'20"E j o R n Q R 0 BEST YEARS °o c CENTER b °o 0 Z y h � q 300.00 N 88'5820"E U.S. GOVERNMENT 344.89 4TH ARMY +4 N 89'5851"E Z0 29 L . R TEXAS tic NA TIONAL qo GUARDS N 89.58 51"E N 89'58 51"E 344.89' 280.37' COLLEGE STREET START-NRri.d" EXHIBIT "B"