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HomeMy WebLinkAboutRES 13-148 RESOLUTION NO.13-148 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 twenty(20)year lease agreement, expiring on December 31, 2033, with Dr. Donna Farrell, Ph.D., LSSP. LLC (Lessee) for an initial rental amount of $1,000 per month for property located at 3455 Sarah Street, Beaumont, Texas, for private educations services, recreational, social and civic activities at the Melton YMCA. 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 9th day of July, 2013. .Opp! ,��� - a or B"Ames - L.L. MELTON Property LEASE AGREEMENT Date: August 1, 2013 Lessor: The City of Beaumont Lessor's Mailing Address: P.O. Box 3827 Beaumont,Texas 77704 Lessee: Dr. Donna Farrell,LSSP, LLC Lessee's Mailing Address: P.O. Box 1436,Winnie,TX 77665-1436 Leased Premises: Block Nineteen(19)in the M.C.Cartwright Subdivision in the J.W.Bullock League of the City of Beaumont,Jefferson County,Texas,a ten acre tract and facility commonly known as the L.L.Melton property. Lease Commencement Date. This Agreement will commence upon execution by Lessor and Lessee. Lease Term: This lease ends on December 31, 2033. Lease Rent: One Thousand Dollars($1,000)per month. Effective January 1,201.5, the lease rent amount will increase/decrease each year,depending on the latest Consumer Price Index(CPI)for the Houston-Galveston-Brazoria Area. Permitted Uses: Private educational services; recreational,social,and civic activities. 1. Lessee must be providing educational services and activities on-site within 12 months of the execution of this agreement. 2. Lessee will pay the monthly rent at the office of the Central Cashier at City Hall upon the execution of the Lease Agreement and thereafter by the 5'h day of each month. Checks are to be made payable to"The City of Beaumont",and the first payment may be prorated. 3. The premises may be used for providing private educational services and recreational, educational, social,and civic activities for the general public. Any other use will require the written consent of the Lessor. Lessee further agrees that the facility will be open to the general public for recreational purposes during regular hours as long as it does not unreasonably interfere with Lessee's services or other organized activities and that a schedule will be developed for same subject to approval of the Lessor. Lessee is permitted to charge a fee for special activities and events such as camps,sports leagues,and daycare and facility room rental for organizational meetings. Lessee reserves the right to refuse admission to the center to anyone legally barred from close proximity to children and/or students. Charges for other activities will require the Lessor's written approval. 4. 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 I EXHIBIT "A" consequence of or result from any operations that may be conducted or carried out on the premises. Lessee shall carry$1,000,000 of public liability,bodily injury insurance on the premises,the cost of said insurance policies to be borne by Lessee. Said policies of insurance must be written by companies acceptable to Lessor and shall name Lessor as an additional insured. Current copies of said policies,or duplicate originals thereof,must be regularly provided to Lessor. S. Lessee has fully inspected the premises and accepts it in its present"AS-IS,WHERE IS" condition. 6. Lessee will keep the premises clean and is responsible for all routine maintenance,grounds upkeep,and all utilities with said services transferred into the Lessee's name. 7. Lessor is responsible for major facility maintenance including the roof,HVAC system,major plumbing system and repairs,parking loft,and the structural integrity of the building. 8. Lessee agrees: (a)Not to alter or improve the premises without the written consent of the Lessor. However,the City agrees to allow the Lessee to make additions to the building,provide tennis courts,signage, lighting,concession structure,play equipment,gates,fencing,repair of the pool and accessibility improvements,provided they comply with all codes and ordinances and compatibility with the structure and surrounding area. (b)Not to allow a lien to be placed on the Leased Premises. (c)Not to assign any portion of the Leased Premises without Lessor's written consent. 9. 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. 10. Unless purchased by the Lessee,all on-site personal property belongs to the Lessor. 11. 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: Attention: City Manager City of Beaumont Dr. Donna Farrell,LSSP,LLC P.O. Box 3827 P.O. Box 1436 Beaumont, Texas 77704 Winnie,TX 77665-1436 E-mail: khayes(ii),ci.beaumont.tx.us 12. This Agreement may be terminated if agreed upon by both parties with sixty(60)days written notice. Page 2 of 3 For the LESSOR: For the LESSEE: Kyle Hayes,City Manager Dr.Donna Farrell,LSSP,I.LC. Date Date Page 3 of 3