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HomeMy WebLinkAboutORD 54-NAN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CLERK OF THE CITY OF BEAU- MONT TO EXECUTE A SUPPLEMENTAL LEASE CONTRACT ON BEHALF OF THE CITY,.CHANGING CERTAIN PRO-. VISIONS -OF THE LEASE CONTRACT ENTERED INTO BE- TWEEN THE CITY OF BEAUMONT AND THE BEAUMONT BROADCASTING ASSOCIATION AND OTHERWISE RATIFY- ING THE SAID CONTRACT AND RECOGNIZING THE . RIGHTS OF KRIC, INC., A CORPORATION WHO HAS SUCCEEDED TO THE.RIGHTS OF THE BEAUMONT BROADCASTING ASSOCIATION. WHEREAS, on the 26th day of April, A. D. 1938, the City of Beaumont entered into a lease contract with B. A. Steinhagen, D. C. Proctor and T. N. Whitehurst, a partnership operating under the firm name of.Beaumont Broadcasting Association, whereby the City of Beaumont leased to the.said Beaumont Broadcasting Association, subject to certain conditions, reservations and stipu- lations therein contained, two tracts of land with the improvements thereon situated, for a period of ten (10) years, beginning on the lst day of July, 1938, and the. said Beaumont Broadcasting Association agreed and'ob- ligated itself to pay to the City of Beaumont, among . other consideration therein stated, the sum of Five Hundred and-No/100 (500.00) Dollars per year as rental on said premises; and WHEREAS, on the 17th day of.July, 1939., the said Beaumont Broadcasting Association .transferred and assigned all of its rights under the said lease contract to KRIC, Inc., and KRIC, Inc., assumed all of the obli- gations of the Beaumont Broadcasting Association under the terms of the said lease, and said transfer and assignment was in all things approved by a Resolution duly passed by the City Commission of the City of Beau- mont under date of the 11th day of July, A. D. 1939; and WHEREAS, KRIC, Inc., has been since said last named date in possession of the said property as a tenant of the City of Beaumont under the terms and pro- visions of the said lease contract and has paid the ren- tal as the same accrues and has otherwise performed the obligations imposed upon the lessee in said lease contract; and WHEREAS, the Federal Communisations Commission and the War Department of the United States Government has demanded and required KRIC, Inc . , ,tp enclose the broadcasting radiator tower with a substantial fence, in order to protect the said tower from sabotage, vandalism or other like damage during the war period, and in order to do this -it is necessary that the boundaries of tract. two (•2), on which the said tower is located, be extended and enlarged. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF*BEAUMONT; That the Mayor and the City Clerk of the City of Beaumont be and they are hereby authorized and empowered -------------------- �y I -age_ ----------- --- to execute a supplemental lease contract on behalf of the City of Beaumont with KRIC, Inc., whereby tract two (2) of the leased premises will be a rectangular tract, whose north and south sides are seventy-two and four tenths (72.4) feet long and whose east' and west sides are seventy- two (72) feet, all as definitely described in the proposed supplemental lease contract which has been prepared by the City Attorney. THE supplemental contract shall constitute a ratification of the provisions of the original contract in all other respects. PASSED by the affirmative, vote of all members fk of the City Commission this the Zday of _ , A. D. 1942. M A Y O R STATE OF TEXAS X K� '. :LL MEN BY THESE PRESENTISi COUIMY U JEFYERSON T,-il,.T this supplemontal lease contract is this day made and entered into y Rnd between the City of "e€�iamont, a municipal corporation of Jefferson County., T6xas, actin; by and through -'its iF,ayor• and City Clerk, thereunto duly authorized, ama hereinafter called the Lessor, and KRIC, Ync., a private corporation, organized and existing under the 1avao of the state of Texas and Oomiczled at Deaiu.ont in Jefferson County, Texas, acting herein by and. through E. G. Eavis, its vice-president, hereunto (Iuly authorized, hereinafter called tb.e Lessee. VJ, I T N L S S E T lei : IMMIJR'A5, under data of April 26, 1938, the City of rseaLuuont, as Lessor, entered into a written lease con- tract with 73. A. Steinhagen, D. C. Proctor and T. IT. nite- hlarst , a partnership operating under the firm name of the r:eaumont 2lroo:dcasting Association, whereby the City of `�eaumor_t leased and let to the said T'eatmont I;road.casting l_ssociation, on certain conditions and stipulations there- in contained, two (2) tracts of land v,ith improvements thereon, situated 3n :eatont, Texas, to be used by the said Peaumont Droadcastin3 Associatiot for a. period of t6n (10) years as a radio broadcasting station, for which the Association agreed to pay to the City of �caumont, among other things, Five Hundred and fico/100 0,:500.00) Dollars per gear, to be paid in equal mont--b1y installments; and , :1ERLAS, on th© 17th day of July, 1939, the leaumont Broadcasting ilssoeiai;ion transferred and assigned all of its ri,-hts ander the sal -d lease contract to the Lessee herein,, and the Lessee hepei.n assumed all of the ob1�1,,a4ons. of. the 3eaumont Broadcasting; Assoeie.ti.on under the �ero of tr.c said lease,, and the Lessee heroin has since sal,4 tl_ e been in possess._ on of the said promises as t e t rant of the Lessor here'in'; and the or1e� al .,o-. -unicat one. Commission /4d the `:'ar Department f t1he United "tates "ovcrnment have ��dgmanced� - . the Lessee herein tjw enclose the JI' #oadc�st ing radl o tower' with a subst ant lal fence, in order to protect tho saUx tower frau sabot a:�e, vandalism and other �'}ko d'r-al-e dt?rlrig the r:ar period, and in 'order to c?o this it is necessary that t'he. lease contract be .changed so as 4�o extend the bo-Linc?ar:ijas of tract two (2), described, in the 'orlCina.l lease contract: ' 1T IS T;T2- F.FUT Ar.�T?T'D by and between the parties 1 Hereto that th.e orir;^inal lease contract shall be and the sage is hereby amended, alt -prod and changed. so t1oat tract ' two (2) will be described as hereinafter set forth in lieu ' of the land described ao 1U2.1act tvo (2) in tho original lease, j oald tract two (2) 3n ti c: aciended lease being described as folio' -13, tort it: e inning tit the northenst corner of T33lock 5 OriCinal Deaumon' r�'ownaite said point bong on the southeast line of Uall Street; thence northeastward algng the said sputhenst Tine of ""all utroet or the northeast lines .off' sa_t c�: `.lock 5 Origrinal Deaunont Towansi to produde� northeasttirard one hundred thy? rty- one (151) feet,' tp beginning corner of this descriptlony thence southeastVlard at right angles to said southeast. line of. '.'ell Str:et nradiaeed and parallel with the east lino of aai d �31ock 5 ')niginal . ,eaumont i ovnsite fifty-seven and, four, t(,nths (57.4) feet to corner, said point belt); elCht and. nine tenths (8.9) feet east of the ce ter line of the City of 1.,eajnont spur track to Sa.rge Terminal and , are•house; thence north- casi ard_ at ri ,�ht an! files- to last abo'ue dcscz°ibed line and parallel with the said southeast line of `'''all Gtreet•produc¢d northeastward seventy-two (72) feet to corner; thence northwestward at right angles to last a7bovel' deveribed line and'parallel earth the east line of/Block 5 Original r eaumont Townsite seventy -trio azid foizr tenths (72.4) feat- to corner, said point being fifteen (15) feet north of said southc7rLst link of -:all Street produced northeast- ward; thence E outhwestriard at right angles to last , above describ d line and parallel with. the said southeast lin' of i:'all Street produced seventy- two (72) feet to corner, said point being nine (9) feet east of 4onter line of City of i3eaunont spur G ' I li I I ob1�1,,a4ons. of. the 3eaumont Broadcasting; Assoeie.ti.on under the �ero of tr.c said lease,, and the Lessee heroin has since sal,4 tl_ e been in possess._ on of the said promises as t e t rant of the Lessor here'in'; and the or1e� al .,o-. -unicat one. Commission /4d the `:'ar Department f t1he United "tates "ovcrnment have ��dgmanced� - . the Lessee herein tjw enclose the JI' #oadc�st ing radl o tower' with a subst ant lal fence, in order to protect tho saUx tower frau sabot a:�e, vandalism and other �'}ko d'r-al-e dt?rlrig the r:ar period, and in 'order to c?o this it is necessary that t'he. lease contract be .changed so as 4�o extend the bo-Linc?ar:ijas of tract two (2), described, in the 'orlCina.l lease contract: ' 1T IS T;T2- F.FUT Ar.�T?T'D by and between the parties 1 Hereto that th.e orir;^inal lease contract shall be and the sage is hereby amended, alt -prod and changed. so t1oat tract ' two (2) will be described as hereinafter set forth in lieu ' of the land described ao 1U2.1act tvo (2) in tho original lease, j oald tract two (2) 3n ti c: aciended lease being described as folio' -13, tort it: e inning tit the northenst corner of T33lock 5 OriCinal Deaumon' r�'ownaite said point bong on the southeast line of Uall Street; thence northeastward algng the said sputhenst Tine of ""all utroet or the northeast lines .off' sa_t c�: `.lock 5 Origrinal Deaunont Towansi to produde� northeasttirard one hundred thy? rty- one (151) feet,' tp beginning corner of this descriptlony thence southeastVlard at right angles to said southeast. line of. '.'ell Str:et nradiaeed and parallel with the east lino of aai d �31ock 5 ')niginal . ,eaumont i ovnsite fifty-seven and, four, t(,nths (57.4) feet to corner, said point belt); elCht and. nine tenths (8.9) feet east of the ce ter line of the City of 1.,eajnont spur track to Sa.rge Terminal and , are•house; thence north- casi ard_ at ri ,�ht an! files- to last abo'ue dcscz°ibed line and parallel with the said southeast line of `'''all Gtreet•produc¢d northeastward seventy-two (72) feet to corner; thence northwestward at right angles to last a7bovel' deveribed line and'parallel earth the east line of/Block 5 Original r eaumont Townsite seventy -trio azid foizr tenths (72.4) feat- to corner, said point being fifteen (15) feet north of said southc7rLst link of -:all Street produced northeast- ward; thence E outhwestriard at right angles to last , above describ d line and parallel with. the said southeast lin' of i:'all Street produced seventy- two (72) feet to corner, said point being nine (9) feet east of 4onter line of City of i3eaunont spur G ' I No Text