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HomeMy WebLinkAboutRES 12-270 RESOLUTION NO. 12-270 WHEREAS, on December 14, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-327 authorizing the City Manager to execute a Development and Lease Agreement with the Beaumont Children's Museum (BCM) for property located on the corner of Neches and Crockett Streets; and, WHEREAS, an amendment to the Development and Lease Agreement is required to reduce the property by 14,940 sq. ft. in order to allow the Rotary Club to construct a playground on the property.Amendment No. 1 to the Development and Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Amendment No. 1 to the Development and Lease Agreement with Beaumont Children's Museum(BCM)for the purpose of reducing the property by 14,940 sq.ft. to allow the Rotary Club to construct a playground. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2012. 111 - ayor Becky Ames - i X11 =t AMENDMENT NO.1 TO A DEVELOPMENT AND LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON This Modification,made this day of ,2012,between the City of Beaumont,Texas,a municipal corporation of the State of Texas(herein referred to as"Lessor') and Beaumont Children's Museum,a nonprofit corporation of the State of Texas,(herein referred to as"Lessee"). Recitals WHEREAS,Lessor and Lessee entered into a Development and Lease Agreement on November 10,2010;and, WHEREAS,the demised premises under the Development and Lease Agreement are more fully described in Exhibit"A"attached hereto for all purposes;and, WHEREAS,it is the desire of the parties to amend the description of the premises demised by the lease; NOW,THEREFORE,in consideration of the mutual covenants contained herein,the parties agree as follows: The description of the demised premises contained in Exhibit"A"shall be modified to reduce the demised premises as reflected in the amended description contained in Exhibit"B" attached hereto for all purposes. Both parties agree that after said exclusion of property from the lease,Lessee will not longer have any leasehold interest in and to said excluded property. These provisions shall extend to and be binding on the heirs,legal representatives, successors and assigns of both parties hereto. This amended description shall be incorporated into the basic lease and all other terms of the basic lease shall remain in full force and effect,unaltered and unchanged by the subsequent agreement. EXECUTED on this day of November,2012. LESSOR: LESSEE: City of Beaumont Beaumont Children's Museum By: By: Kyle Hayes,City Manager Allison Getz,President EXHIBIT "A" X 14.rf3 . 1 awr�e.r IrMr V « i a d1 i r � t . � a a Y Noce"Shad 1"oea Let a Lot s Lot 3 Lot 4 lot Z p tat f B Ckaw w Aray LP Lot e Lot 10 tot 11 Let 12 i y EH x x Lot 7 tats ; r i. f. /,i•'rri'%,!!/i`.i' 'i i,` '.' f3 r m WAEayltt a tB�1mr- L Qn Beaumont,Te 77701 Fax 409,813.19916 Client Children's Museum Crockett Street PROJECT LOCATION Crockett Street and Neches Street CITY COUNTY STATE Beaumont Jefferson Texas SITE ADDRESS: Crockett St.and Neches St. DATE I JOB NO. ISOOK NOI SCALE 10/24/2012 4T13�y5-11001 1 0��3pp01072 1-=60- w �IMid UllctftlNet� dt�AO 6 LL1