HomeMy WebLinkAboutRES 16-015RESOLUTION NO. 16-015
WHEREAS, the City of Beaumont and the Beaumont Yacht Club, Inc. entered
into a lease agreement in March 1987 and then a second agreement in October 1998,
which expired September 30, 2015; and,
WHEREAS, the City is currently having the property appraised to determine its
value and establish the amount of rent payments for a long-term lease; and,
WHEREAS, in the interim, the City proposed a month-to-month lease agreement
for a monthly lease payment of $2,500; and,
WHEREAS, Beaumont Yacht Club will make payments for the months of
October, November and December 2015 as well as January and February 2016 and
each month going forward in 2016 until such time as a long term lease is executed;
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 a Lease
Agreement, substantially in the form attached hereto as Exhibit "A," between the City of
Beaumont and Beaumont Yacht Club, Inc. for a monthly lease payment of $2,500; and,
BE IT FURTHER RESOLVED THAT Beaumont Yacht Club will make payments
for the months of October, November and December 2015 as well as January and
February 2016 and each month going forward in 2016 until such time as a long term
lease is executed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
February, 2016.
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- Mayor Becky Ames -
Agreement between the City of Beaumont and Beaumont Yacht Club, Inc.
The City of Beaumont "City" and the Beaumont Yacht Club, Inc. "Yacht Club" entered into a
lease agreement in March 1987 and then a second agreement October 1998 which expired
September 30, 2015. Whereas Yacht Club continues to conduct operations at the marina and
because the appraisal requested by the City to determine the current value of the property is not
complete, an interim lease agreement is required. To that end, the City and Yacht Club agree as
follows:
Property Description
Marina property and improvements within the boundaries as described in Exhibit A.
Term
This agreement shall be month to month until the appraisal is complete and a long-term lease is
agreed upon.
Insurance
While the lease agreement is in effect, all operating costs of the facility shall be paid by the
Yacht Club. In addition, Yacht Club shall carry fire and extended coverage insurance on the
value of the structures on the facility and maintain $1,000,000 in liability insurance with the City
named as an Additional Insured.
Yacht Club Obligations
Yacht Club agrees to lease the facility as described herein for use as a public marina. Yacht
Club shall be responsible for the maintenance of the facility and agrees to keep said facility in
safe condition. Yacht Club will operate the facility in compliance with all laws and regulations.
Yacht Club further agrees not to use all or any part of said facility for any unlawful purpose.
Yacht Club shall be responsible for the payment of all charges for water, gas, sewer, garbage,
trash, and other utility charges incurred during the term thereof.
Payment
Yacht Club will pay the City $2,500 per month for rent. The rent is due at the first of the month.
City will invoice Yacht Club on a monthly basis. Yacht Club shall pay City rent for all months
in fiscal year prior to execution of lease agreement and then will pay monthly.
Termination
The agreement shall be effective October 1, 2015. It may be terminated by either party with 30
days written notice delivered in person or by certified mail, return receipt requested, to the
addresses listed below.
Executed by the parties this day of
Kyle Hayes, City Manager
801 Main Street, Suite 300
Beaumont, Texas 77701
EXHIBIT "A"
2016.
Beaumont Yacht Club, Inc.
Agreement between the City of Beaumont and Beaumont Yacht Club, Inc.
The City of Beaumont "City" and the Beaumont Yacht Club, Inc. "Yacht Club" entered into a
lease agreement in March 1987 and then a second agreement October 1998 which expired
September 30, 2015. Whereas Yacht Club continues to conduct operations at the marina and
because the appraisal requested by the City to determine the current value of the property is not
complete, an interim lease agreement is required. To that end, the City and Yacht Club agree as
follows:
Property Description
Marina property and improvements within the boundaries as described in Exhibit A.
Term
This agreement shall be month to month until the appraisal is complete and a long-term lease is
agreed to.
Insurance
While the lease agreement is in'effect, all operating costs of the facility shall be paid by the
Yacht Club. In addition, Yacht Club shall carry fire and extended coverage insurance on the
value of the structures on the facility and maintain $1,000,000 in liability insurance with the City
named as an Additional Insured.
Yacht Club Obligations
Yacht Club agrees to lease the facility as described herein for use as a public marina. Yacht
Club shall be responsible for the maintenance of the facility and agrees to keep said facility in
safe condition. Yacht Club will operate the facility in compliance with all laws and regulations.
Yacht Club further agrees not to use all or any part of said facility for any unlawful purpose.
Yacht Club shall be responsible for the payment of all charges for water, gas, sewer, garbage,
trash, and other utility charges incurred during the term thereof.
Payment
Yacht Club will pay the City $2,500 per month for rent. The rent is due at the first of the month.
City will invoice Yacht Club on a monthly basis. Yacht Club shall pay City rent for October
2015 and November 2015 upon execution of lease agreement.
Termination
This agreement may be terminated by either party with 30 days written notice delivered in
person or by certified mail, return receipt requested, to the addresses listed below.
Executed by the parties this
Kyle Hayes, City Manager
801 Main Street, Suite 300
Beaumont, Texas 77701
day of November 2015.
Beaumont Yacht Club, c.
Cern
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WITNESSETH:
City does, by these presents, lease, let and demise unto Yacht Club the following
described property, to wit:
BEING a tract of land of approximately 30.18 acres out of the
W. H. Hodges Survey and the James Drake Survey, in the City
of Beaumont, Jefferson County, State of Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at the intersection of the north right-of-way line of
the Interstate Highway 10, with the left ascending bank of the
water's edge of•the Neches River;
THENCE in a northeasterly direction following the left ascending
bank of the water's edge of the Neches River up said river with its
meanderings one thousand eight hundred (1800') feet more or less,
to a point lying one thousand six hundred fifty (1650`.) feet
perpendicularly distant from the said north right-of-way line of
Interstate Highway 10;
THENCE west along a line parallel with and one thousand six
hundred fifty (1650') feet distant from the said north right-of-way
line of Interstate Highway 10, one hundred eighty (180') feet more
or less to a point for corner;
THENCE in a southwesterly direction one hundred fifty (150') from
and parallel to the left ascending bank of the Neches River a distance
of seven hundred (700') feet more or less, to a point for corner, said
point being one thousand (1000') feet perpendicularly distant from the
north right-of-way line of Interstate Highway 10;
THENCE west along a line one thousand (1000') feet from and
parallel to the said -north right-of-way of Interstate Highway 10 a
distance of one thousand two hundred thirty (1230') feet to a point
thirty (30') feet east of the centerline of the old garbage dump road;
THENCE in a southerly direction thirty (30') feet from and parallel
to the old garbage dump road a distance of one thousand ten (1010')
feet more or less to its point of intersection with the north line of
Interstate Highway 10;
THENCE east along the said north right-of-way line of Interstate
Highway 10 to one thousand fifty (1050') feet more or less to the
PLACE OF BEGINNING;
SAVE AND EXCEPT out of the above-described property, a strip
of land one hundred fifty (150') feet wide from the water's edge
back one hundred fifty (150) feet more or less to west fine of the
north prong of said lease tract; the centerline of said strip being
one thousand two hundred fifty (1250') feet from the north line of
Interstate Highway 10 measured along the left ascending bank of
the Neches River,
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