Loading...
HomeMy WebLinkAboutRES 14-068RESOLUTION NO.14-068 WHEREAS, on January 11, 2011, the City Council of the City of Beaumont, Texas passed Resolution No. 11-013 authorizing the City Manager to execute a three (3) year lease agreement with Weingarten Realty (Landlord) for property located at 4890 Dowlen Road, Beaumont, Texas for a proposed expenditure of $2,909.48 per month for the Women's, Infants and Children (WIC) satellite office; and, WHEREAS, City Council is of the opinion that it is in the best interest of the City to renew the Lease Agreement with Weingarten Realty (Landlord) for a term of two (2) years, commencing April 1, 2014 and terminating March 31, 2016, with a proposed expenditure of $3,233.33 per month; 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 Council hereby approves the execution of a renewal of the Weingarten Realty Investors (Landlord) Lease Agreement for a two (2) year lease, commencing April '1, 2014 and terminating March 31, 2016, for property located at 4890 Dowlen Road, Beaumont, Texas, for a proposed expenditure of $3,233.33 per month for the Women, Infants, and Children (WIC) satellite office. The renewal is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of April, _(Yayor Becky Ames - Eastex Venture P.O. Box 924133 Houston, Texas 77292-4132, RE Lease Dated: February 3, 2011 Landlord: Eastex Venture Tenant: City of Beaumont Premises: Approximately 2,425 square feet in Landlord's North Park Plaza Shopping Center, Beaumont, TX Gentlemen, Reference is made to the above captioned lease, together with all subsequent amendments and extensions thereto, collectively herein referred to as "Lease", for a term which shall terminate March 31, 2014. This letter agreement ("Renewal Letter"), when executed by the parties, amends the Lease as hereinafter set forth: 1. The term of the Lease is extended through March 31, 2016, unless sooner terminated in accordance with the terms of the Lease. 2. Effective April 1, 2014, the monthly minimum rental due and payable in accordance with the terms of the Lease shall be as follows: April 1, 2014 - March 31, 2016 : $3,233.33 per month 3. All unexercised options, if any, to extend the term of the Lease are hereby rendered null and void and shall be of no further force or effect. Tenant has no further option to extend the term of the Lease beyond March 31, 2016. 4. The following notifies Tenant of the obligations under Texas Law with respect to construction, renovation or demolition work and the possible presence of asbestos containing materials: Generally, your lease with Weingarten contains a provision, which requires that you obtain Landlord's consent prior to performing any alterations at the Premises. The State of Texas has imposed certain strict requirements, which must be followed prior to any construction, renovation or demolition work (collectively "construction work") being performed at the Premises. The law requires that anyone undertaking any construction work activities in a shopping center or commercial park must submit one of the following when applying for a municipal building permit.: (i) An asbestos survey on all parts of the building which will be affected by the construction work performed by a state -licensed asbestos inspector ('Asbestos Survey"); or (ii) Certification from a licensed engineer or architect ("licensed professional") stating that (a) the licensed professional has reviewed the Material Safety Data Sheets and the Asbestos Surveys, relating to the original construction as wefl as any subsequent construction work, for all parts of the building being affected by the planned construction work; and (b) in the professional opinion of the licensed professional, the parts of the building being affected by the planned construction work do not contain asbestos. THE LAW PROHIBITS A CITY IN TEXAS FROM ISSUING A BUILDING PERMIT UNLESS ONE OF THE ABOVE DOCUMENTS IS PROVIDED. We also want to remind you that any construction work that may disturb "friable" or certain non -friable asbestos - containing material is subject to detailed requirements established by the United States Environmental Protection Agency (EPA). Friable asbestos -containing materials can be pulverized or reduced to a powdery form by hand pressure, but the EPA rules also apply to such non -friable materials as resilient floor tile, gaskets, and asphalt roofing under certain conditions. The EPA requires that regulated asbestos -containing materials be removed or encapsulated by an authorized asbestos abatement contractor before the construction work is undertaken, and these requirements apply even if a building permit for the construction work is not required. THE TEXAS DEPARTMENT OF HEALTH, AS WELL AS THE EPA, ENFORCES THESE REQUIREMENTS IN TEXAS, AND ANYONE FAILING TO FOLLOW THE EPA STANDARDS CAN BE FINED UP TO $10,000 PER DAY BY THE TEXAS DEPARTMENT OF HEALTH OR UP TO $27,500 PER DAY BY EPA. Please be aware that should you plan to perform any construction work in your Premises, compliance with Texas law is your responsibility. Should you have any questions regarding this important matter, please contact your property manager at 713.866.6000 EXHIBIT "A" Page 2 of 3 5. Prohibited Persons and Transactions. Tenant represents and warrants to Landlord that Tenant is currently in compliance with, and Tenant further covenants to Landlord that Tenant shall at all times during the term of the Lease (including any extension thereof) remain in compliance with, the regulations of the Office of Foreign Assets Control ("OFAC") of the U.S. Department of Treasury (including those named on OFAC's Specially Designated Nationals and Blocked Persons List) and any statute, executive order (including, but not limited to, Executive Order 13224, dated September 24, 2001 and entitled "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism"), or other governmental, regulatory, or administrative action relating thereto. Except as otherwise provided in this Renewal Letter, all of the terms and provisions of the Lease shall be applicable during such extension period unless any such interpretation is expressly negated. Tenant acknowledges that there are no off -sets or defenses against enforcement of the Lease as of this date, and Landlord is not in default of any obligation thereunder. The parties to this agreement desire to expedite the drafting and completion of this agreement. They acknowledge that the Lease, which is modified by this agreement, includes capitalized and defined terms. In order to avoid the delay which would be necessary to reference properly the capitalized and defined terms used in the Lease, the parties have elected rather to use generic terminology in this agreement rather than the defined terms of the Lease. For example, where the Lease may use the defined terms "Minimum Rent," "Base Rent," or "Fixed Minimum Rent," this agreement will use the term "monthly minimum rental" to describe the regular monthly rental payments due under the Lease, as hereby modified. Any capitalized or defined terms used in this agreement, if any, will have the meanings ascribed to them in this agreement, which may or may not correspond to a similarly defined term in the Lease. Weingarten Realty Investors (the "trust") is an unincorporated trust organized under the Texas Real Estate Investment Trust Act. Neither the shareholders of the trust, nor its trust managers, officers, employees or other agents are personally, corporately or individually liable for any debt, act, omission or obligation of the trust, and all persons having claims of any kind against the trust must look solely to the property of the trust for the enforcement of their rights. THE SUBMISSION OF TINS DOCUMENT FOR EXAMINATION AND/OR EXECUTION HEREOF SHALL BECOME EFFECTIVE ONLY UPON EXECUTION BY ALL PARTIES HERETO AND DELIVERY OF A FULLY EXECUTED COUNTERPART BY LANDLORD TO THE OTHER PARTIES HERETO. Except as otherwise expressly provided herein, the effective date of all of the terms and conditions of this Renewal Letter shall be deemed to be the date upon which the Renewal Letter is executed by Landlord. (SIGNATURE PAGE TO FOLLOW) Page 3 of 3 AGREED AND ACCEPTED on the date signed by Landlord set forth below. ATTEST: Secretary EA/js P0605 LCiTYB001 CITY OF BEAUMONT By: Name: Title: "TENANT, EASTEX VENTURE, a Texas joint venture By: Weingarten Realty Investors, a Texas real estate investment trust, General Manager By: Name: Title: Date: "LANDLORD" Eastex Venture P.O. Box 924133 Houston, Texas 77292-4133 Received RE: Lase Dated: February 3, 2011 APR i � 2oi4 Landlord: Eastex Venture Tenant: City of Beaumont Premises: Approximately 2,425 square feet in Landlord's Purchasing North Park: Plaza Shopping Center, Beaumont, TX Gentlemen: Reference is made to the above captioned lease, together with all subsequent amendments and extensions thereto, collectively herein referred to as "Lease", for a term which shall terminate March 31, 2014. This letter agreement ("Renewal Letter"), when executed by the parties, amends the Lease as hereinafter set forth: 1. The term of the Lease is extended through March 31, 2016, unless sooner terminated in accordance with the terms of the Lease. 2. Effective April 1, 2014, the monthly minimum rental due and payable in accordance with the terms of the Lease shall be as follows: April 1, 2014 - March 31, 2016 : $3,233.33 per month 3. All unexercised options, if any, to extend the term of the Lease are hereby rendered null and void and shall be of no further force or effect. Tenant has no further option to extend the term of the Lease beyond March 31, 2016. 4. The following notifies Tenant of the obligations under Texas Law with respect to construction, renovation or demolition work and the possible presence of asbestos containing materials: Generally, your lease with Weingarten contains a provision, which requires that you obtain Landlord's consent prior to performing any alterations at the Premises. The State of Texas has imposed certain strict requirements, which must be followed prior to any construction, renovation or demolition work (collectively "construction work") being performed at the Premises. The law requires that anyone undertaking any construction work activities in a shopping center or commercial park must submit one of the following when applying for a municipal building permit.: (i) An asbestos survey on all parts of the building which will be affected by the construction work performed by a state -licensed asbestos inspector ("Asbestos Survey"); or (ii) Certification from a licensed engineer or architect ("licensed professional") stating that (a) the licensed professional has reviewed the Material Safety Data Sheets and the Asbestos Surveys, relating to the original construction as well as any subsequent construction work, for all parts of the building being affected by the planned construction work; and (b) in the professional opinion of the licensed professional, the parts of the building being affected by the planned construction work do not contain asbestos. THE LAW PROHIBITS A CITY IN TEXAS FROM ISSUING A BUILDING PERMIT UNLESS ONE OF THE ABOVE DOCUMENTS IS PROVIDED. We also want to remind you that any construction work that may disturb "friable" or certain non -friable asbestos - containing material is subject to detailed requirements established by the United States Environmental Protection Agency (EPA). Friable asbestos -containing materials can be pulverized or reduced to a powdery form by hand pressure, but the EPA rules also apply to such non -friable materials as resilient floor tile, gaskets, and asphalt roofing under certain conditions. The EPA requires that regulated asbestos -containing materials be removed or encapsulated by an authorized asbestos abatement contractor before the construction work is undertaken, and these requirements apply even if a building permit for the construction work is not required. THE TEXAS DEPARTMENT OF HEALTH, AS WELL AS THE EPA, ENFORCES THESE REQUIREMENTS IN TEXAS, AND ANYONE FAILING TO FOLLOW THE EPA STANDARDS CAN BE FINED UP TO $10,000 PER DAY BY THE TEXAS DEPARTMENT OF HEALTH OR UP TO $27,500 PER DAY BY EPA. Please be aware that should you plan to perform any construction work in your Premises, compliance with Texas law is your responsibility. Should you have any questions regarding this important matter, please contact your property manager at 713.866.6000. Page 2 of 3 5. Prohibited Persons and Transactions. Tenant represents and warrants to Landlord that Tenant is currently in compliance with, and Tenant further covenants to Landlord that Tenant shall at all times during the term of the Lease (including any extension thereof) remain in compliance with, the regulations of the Office of Foreign Assets Control (°OFAC") of the U.S. Department of Treasury (including those named on OFAC's Specially Designated Nationals and Blocked Persons List) and any statute, executive order (including, but not limited to, Executive Order 13224, dated September 24, 2001 and entitled "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism"), or other governmental, regulatory, or administrative action relating thereto. Except as otherwise provided in this Renewal Letter, all of the terms and provisions of the Lease shall be applicable during such extension period unless any such interpretation is expressly negated. Tenant acknowledges that there are no off -sets or defenses against enforcement of the Lease as of this date, and Landlord is not in default of any obligation thereunder. The parties to this agreement desire to expedite the drafting and completion of this agreement. They acknowledge that the Lease, which is modified by this agreement, includes capitalized and defined terms. In order to avoid the delay which would be necessary to reference properly the capitalized and defined terms used in the Lease, the parties have elected rather to use generic terminology in this agreement rather than the defined terms of the Lease. For example, where the Lease may use the defined terms "Minimum Rent," "Base Rent," or "Fixed Minimum Rent," this agreement will use the term "monthly minimum rental" to describe the regular monthly rental payments due under the Lease, as hereby modified. Any capitalized or defined terms used in this agreement, if any, will have the meanings ascribed to them in this agreement, which may or may not correspond to a similarly defined term in the Lease. Weingarten Realty Investors (the "trust") is an unincorporated trust organized under the Texas Real Estate Investment Trust Act. Neither the shareholders of the trust, nor its trust managers, officers, employees or other agents are personally, corporately or individually liable for any debt, act, omission or obligation of the trust, and all persons having claims of any kind against the trust must look solely to the property of the trust for the enforcement of their rights. THE SUBMISSION OF THIS DOCUMENT FOR EXAMINATION AND/OR EXECUTION HEREOF SHALL BECOME EFFECTIVE ONLY UPON EXECUTION BY ALL PARTIES HERETO AND DELIVERY OF A FULLY EXECUTED COUNTERPART BY LANDLORD TO THE OTHER PARTIES HERETO. Except as otherwise expressly provided herein, the effective date of all of the terms and conditions of this Renewal Letter shall be deemed to be the date upon which the Renewal Letter is executed by Landlord. (SIGNATURE PAGE TO FOLLOW) J O w m H T m U m Z I— w F-- Q J, Q W N E aj aj " >' r1] m Z O O m U J 0 cn O ZO wa- B E A U U UN T,TE X AS City of Beaumont December 19, 2013 Eastex Venture P. O. Box 924133 Houston, Texas 77 292-4133 Gentlemen: The City of Beaumont is currently self -insured for all lines of coverage normally made available under the Texas Business Auto Policy. Comprehensive and collision accidents are paid as normal operating expenses. The City has a self -insured trust fund from which it pays liability claims. The City currently purchases insurance for real and personal property. All real and personal property is protected by all risk type coverage including flood. Real and personal property are subject to a $50,000 deductible. If we can be of further assistance to you or provide you with additional information, please do not hesitate to contact us. MM:rw Very truly yours, Matthew Martin, AIC, ARM Liability Administrator Legal Department • (409) 880-3715 • Fax (409) 880-3121 P.O. Box 3827 • Beaumont, Texas 77704-3827