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HomeMy WebLinkAboutRES 11-168 RESOLUTION NO. 11-168 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 two (2) year lease agreement, with an option to renew for an additional one (1)year term,with Jehovah Jireh Village CDC, Inc. (Lessee), for$1,500 per year for property located at 3455 Sarah Street, Beaumont,Texas. The lease agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June, 2011. /&d25:;;4J� (,M*or Becky Ames - 1� L.L.MELTON LEASE AGREEMENT Date: June 8,2011 Lessor: City of Beaumont Lessor's Physical Address: 801 Main Street Beaumont,Texas 77701 Lessee: Jehovah Jireh Village CDC,Inc. Lessee's Mailing Address: P. O.Box 20214 Beaumont,Texas 77720 Landlord: The City of Beaumont,Texas Landlord's Mailing Address: P. O. Box 3827 Beaumont,Texas 77704 Leased Premises: Being a portion ofthe North one-half(N.'/2)of Block Nineteen(19)in the A C. Cartwright Subdivision in the I W.Bullock League of the City of Beaumont, Jefferson County,Texas,and described by metes and bounds as follows: BEGINNING at an iron pin in the West line of BlockNineteen(19)marking the division of the North one-half(N.'/2)and South one-W(S.'/:)offflwkNintteen(19), said iron pin being the Southwest corner of the North one-half(N.''/z)and the Northwest corner of the South one-half(S.1/2); THENCE,North 0 008'30"East along the West line of the North one-half(N.'/z)of Block Nineteen(19)a distance of two hundred ninety and sixty-five one hundredths feet(290.65)to a point for comer,said point being South fifteen feet (15')from the Northwest corner of said Block Nineteen(19); THENCE,East fifteen feet(15)from and parallel to the North line of said Block Nineteen(19)a distance of six hundred ninety-seven and five-tenths feet(697.51 to a point,said point being fifteen feet(15)from the East line of said Block Nineteen(19); THENCE,South 0°08'30"West fifteen feet(15)from and parallel to the east line of said Block Nineteen(19)a distance of two hundred ninety and sixty-five one hundredths feet(290.65')to a point for corner in the dividing line between the North one-half(N.'/z)and the South one-half(S.'/z)of Block Nineteen(19); THENCE,West along the dividing line between the North and South one-half(N. and S.''/z)of Block Nineteen(19)a distance of six hundred ninety-seven and five- tenths feet(697.5')to the place of beginning,said tract containing four and sixty-five one hundredths(4.65)acres more or less. Page 1 Lease Commencement Date: This Agreement will commence upon execution by Lessor and Lessee. Lease Term: The initial term of this lease is twenty-four(24)months,commencing on June 8,2011 and ending on June 7,2013. Lessee shall also be granted the option to renew this lease for an additional one(1)year term. Lessee shall provide Lessor with written notice of its intention to exercise the option to renew at least sixty(60) days prior to the ending date of the initial tern. Lease Rent: One Thousand Five Hundred Dollars($1,500.00)per year. Permitted Lease Use: Recreational,education,social,and civic activities. 1. Lessee agrees to lease the Leased Premises for the Lease Term beginning on the Lease Commencement Date and ending on the Lease Termination Date. 2. Lessee acknowledges and agrees that the total rent under this Lease is the sum of One Thousand Five Hundred Dollars($1,500.00). Lessee agrees to pay Lessor said amount in twelve 12 monthly installments of One Hundred Twenty-Five Dollars($125.00)each,payable at the office of the Central Cashier,or her successors,located in City Hall,Beaumont, Texas,beginning upon execution of Lease Agreement and payable on or before the 5a'day of each month thereafter during the term of this Lease. All checks shall be made payable to"The City of Beaumont". Lessee shall not be held in default for nonpayment of rent unless and until Lessor gives Lessee ten(10)days notice in writing of said nonpayment. 3. The premises are leased to be used for the purpose of providing recreational for educational, social,and civic activities for the general public. Lessee agrees to restrict the use of the Leased Premises to such purposes,and not to use,or permit the use of the premises for any other purpose without first obtaining the consent in writing of the City Manager. Lessee further agrees that the facility will be open to the general public for recreational purposes during regular business hours as long as it does not unreasonably interfere with other organized activities. Lessee is permitted to charge a fee for special activities and events such as camps,sports leagues,daycare and facility room rental for organizational meetings. Fees charged for activities not specifically listed are subject to the prior approval of the City Manager of the City of Beaumont. 4. Lessee shall have no authority to incur any obligations on behalf of Lessor,and Lessor is not obligated to furnish Lessee any equipment or improvements beyond those agreed to by the parties. 5. All operations conducted or permitted by Lessee on the Leased Premises shall be in accord with all laws and ordinances. Lessee shall not create or allow any nuisance to exist on the premises,or use or allow the premises to be used for any unlawful purpose. 6. Neither the Leased Premises nor any improvements placed thereon shall be used as security for any debt without the prior written consent of the City Manager. 7. Lessee shall indemnify,save,and keep harmless Lessor from all liabilities,claims,judgments, damages, injuries,costs, and expenses that may in any manner come against Lessor in Page 2 consequence of or result from any operations that may be conducted or carried out on the Leased Premises. Lessee shall carry public liability,bodily injury insurance on the Lease Premises,the cost of said insurance policies to be borne by Lessee. Said policies of insurance may be approved by Lessor and must be written on companies acceptable to Lessor. Said insurance policies shall name Lessor as an additional insured. Said policies,or duplicate originals thereof,must be filed with the City Clerk of the City of Beaumont. 8. Lessee accepts the Premises in its present"AS-IS,WHERE IS"condition and with all faults. By occupying the Premises,Lessee: (a) acknowledges that Lessee has had full opportunity to examine the Premises and is fully informed,independently of Lessor or any employee,agent,representative, shareholder,officer or director of Lessor,as to the character,construction and structure of the Premises; (b) acknowledges that neither Lessor nor any of Lessor's employees,agents, representatives,shareholders,officers or directors,has made any representations, warranties or promises with respect to the Premises,including without limitation any representation or warranty as to fitness thereof for any purpose;and (c) accepts the Premises in an"AS-IS,WHERE IS"condition. 9. Lessee must maintain the Premises in good condition. 10. Lessee agrees to be responsible for the following obligations of the Premises,utilities,personnel and any programs offered by Lessee. Lessor agrees to be responsible for grounds upkeep and maintenance,facility maintenance for such things as roof,HVAC systern operation,major plumbing repairs and the structural integrity of the building. 11. Lessee will provide ongoing community groups who currently meet at the Premises the opportunity to continue to utilize the facility for community activities. 12. Lessee agrees: (a) not to alter the Leased Premises without the consent of Lessor or Landlord; (b) not to allow a lien to be placed on the Leased Premises; (c) nor assign this Lease or Lease any portion of the Leased Premises without first receiving consent of the Lessor. 13. Lessor agrees: (a) to lease the Leased Premises to Lessee for the Lease Term; (b) to maintain premises and improvements in a good state of repair,and (c) maintain property damage insurance on the Lease Premises. 14. TAXES: Unless otherwise agreed by the parties,Lessor will pay all real property ad valorem taxes assessed against the Leased Premises if any. Lessee shall be responsible for all taxes assessed against its personal property,if any. Page 3 15. UTILITIES: A. The parry designated below will pay for the following utility charges to the Leased Premises and any connection charges for the utilities. (Check all that apply.) N/A City of Bust. JJv (1) Water X (2) Sewer X (3) Electric X (4) Gas X (5) Telephone X (6) Trash X (7) Cable X (8) All other utilities X (9) Other(specify) B. The P party responsible for the charges under Paragraph 15 will pay the char g es directly to the utility service provider.The responsible party may select the utility service provider, except that if Lessee selects the provider,any access or alterations to the Property or Leased Premises necessary.for the utilities may be made only with Lessor's prior consent,which Lessor will not unreasonably withhold. If Lessor incurs any liability for utility or connection charges for which Lessee is responsible to pay and Lessor pays such amount,Lessee will immediately upon written notice from Lessor reimburse Lessor such amount. 16. INSURANCE: A. During all times this lease is in effect,Lessee must,at Lessee's expense,maintain in full force and effect from an insurer authorized to operate in Texas: (1) public liability insurance in an amount not less than $1,000,000.00 on an occurrence basis naming Lessor as an additional insured;and (2) personal property damage insurance for Lessee's business operations and contents on the Leased Premises in an amount sufficient to replace such contents after a casualty loss. B. Before the Commencement Date,Lessee must provide Lessor with a copy of insurance certificates evidencing the required coverage. If the insurance coverage is renewed or changed in any manner or degree at any time this lease is in effect,Lessee must,not later than ten(10)days after the renewal or change,provide Lessor a copy of an insurance certificate evidencing the renewal or change. C. If Lessee fails to maintain the required insurance in full force and effect at all times this lease is in effect,Lessor may purchase insurance that will provide Lessor the same coverage as the required insurance and Lessee must immediately reimburse Lessor for such expense. D. Unless the parties agree otherwise,Lessor will maintain in full force and effect insurance for fire and extended coverage in an amount to cover the reasonable replacement cost of the improvements of the Property. Page 4 17. MAINTENANCE AND REPAIRS: A. Cleaning: Lessee must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. B. Repairs of Conditions Caused by a Party: Each Party must promptly repair a condition in need of repair that is caused,either intentionally or negligently,by that party or that party's guests, invitees,contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided,the party designated below,at its expense,is responsible to maintain and repair the following specified items in the leased premises(if any). The specified items must be in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified items,the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the Leased Premises. Lessee is responsible for the repair and maintenance of its personal property. (Check all that apply.) N/A city Ci JJV (Lessor) (Lessee) (1) Foundation,exterior walls,roof,and X other structural components (2) Glass and windows X (3) Fire protection equipment and X fire sprinkler systems Exterior&overhead doors,including (4) closure devises,molding,locks,and X hardware 5) Grounds maintenance,including ( landscaping and irrigation systems X Interior doors,including closure (6) devices,frames,molding,locks,and X hardware (7) Parking areas and walks X Plumbing systems,drainage systems, O 8 electrical systems,and mechanical X systems,except systems or items specifically designated otherwise (9) Ballast and Lamp replacement X (10) Heating;Ventilation and X Air Conditioning(HVAC)Systems Signs and Lighting: a) Pylon X (11) b) Facia X c) Monument X d) Door/Suite X (13) Fences and Gates X (14) Storage yards and storage buildings X (15) Wood-destroying insect treatment X and repairs Page 5 (16) Cranes and related systems X (17) All other items and systems X f (18) Other(specify) (19) Other(specify) D. Repair Persons: Repairs must be completed by trained,qualified,and insured repair persons. E. Notice of R_pairs: Lessee must promptly notify Lessor of any item that is in need of repair and that is Lessor's responsibility to repair. All requests for repairs to Lessor must be in writing. F. Failure to Repair: Lessor must make a repair for which Lessor is responsible within a reasonable period of time after Lessee provides Lessor written notice of the needed repair. If Lessee fails to repair or maintain an item for which Lessee is responsible within ten(10) days after Lessor provides Lessee written notice of the needed repair or maintenance,Lessor may repair or maintain the item,without liability for any damage or loss to Lessor,and Lessee must immediately reimburse Lessor for the cost to repair or maintain. 18. Lessor's remedies for Lessee's default are to terminate this Lease by written notice. 19. Default by Lessor is failing to comply with any provision of this Lease within thirty days(30) after written notice unless there is some circumstance beyond the control of the Lessor preventing compliance within thirty(3 0)days after notice. 20. This Lease constitutes the sole and entire agreement of the parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreement between the parties respecting such subject matter. 21. The individual executing this Lease on behalf of Lessee represents and warrants to Lessor that Lessee has full right and authority to enter into this Lease and performance obligations hereunder. 22. The personal property and contents of the Premises will remain the sole property of Lessor. Lessee may use the property with the permission of Lessor. At the end of the Lease Agreement the personal property will remain the property of Lessor unless other arrangements are made. 23. All notices between the Lessee and Lessor are to be sent by certified or registered mail,return receipt requested,to the following addresses: LESSOR: LESSEE: Attn: Manager City of Beaumont Jehovah Jireh Village CDC,Inc. P. O.Box 3827 P.O. Box 20214 Beaumont,Texas 77704 Beaumont,Texas 77720 24. Any disputes concerning this Lease Agreement will be governed by the laws of the State of Texas and venue for those disputes shall be in Jefferson County,Texas. 25. Either Lessor or Lessee may terminate this Agreement upon sixty(60)days written notice to the other party. Page 6 ! 26. By the execution of this Lease,Lessee does not intend to assume any obligations or responsibilities of the$1,000,000 Section 108 Loan Agreement dated December 27,2001,and secured by a Loan Agreement,Security Agreement,Promissory Note and Deed of Trust,all dated March 21,2003. SIGNED: LESSOR: LESSEE: City of Beaumont Jehovah Jireh Village CDC,Inc. Kyle Hayes Felicia Young City Manager Executive Director Title Title Date Date I Page 7