HomeMy WebLinkAboutRES 20-214RESOLUTION NO. 20-214
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 five (5) year Lease
Agreement with the Beaumont Children's Museum (BCM), a non-profit corporation, for
use of a designated area of the Beaumont Civic Center. The Lease Agreement is
substantially in the form attached hereto as Exhibit 111" and made a part hereof for all
purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
October, 2020.
NO
iT . . Becky -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AGREEMENT
This Lease Agreement is entered into this the day of , 2020, by and
between the City of Beaumont, a municipal corporation of the State of Texas (hereinafter
referred to as "City"), and The Beaumont Children's Museum, a nonprofit corporation of the
State of Texas (hereinafter referred to as "BCM").
WITNESSETH:
WHEREAS, BCM desires to use a specific designated area of the Beaumont Civic Center
building owned by the City as a children's museum for the benefit of the citizens of Beaumont
and Southeast Texas; and
WHEREAS, City can make available the designated area of the Beaumont Civic Center
(hereinafter "Facilities") as described in Exhibit "A" attached hereto for purposes of a children's
museum and related fundraising and publicity events during all terms of this agreement; and
WHEREAS, BCM shall operate separately from the City as an independent contractor.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises herein contained
City and BCM agree as follows:
1.
CITY COMMITMENT
1.1. City will provide to BCM the use of the Facilities and allow for parking in the North
Civic Center parking lot.
1.2. The Facilities will be made available for a period of five (5) years after the date of
execution of this Agreement.
2.
BCM COMMITMENTS
2.1. BCM will be solely responsible for providing funding for the daily operations and
any renovations including, but not limited to, construction costs, architectural fees, and
engineering fees necessary to accommodate the museum facilities. All renovations to the Civic
Center to accommodate the museum shall be subject to the approval of the City Manager or his
designee.
1
EXHIBIT "1"
2.2. BCM will retain an engineer or architect licensed in the State of Texas to prepare
construction drawings and specifications for any construction and provide contract management
for the entire project. The plans and specifications for the project shall be subject to the approval
of the City Manager or his designee.
2.3. BCM will be responsible for completing the renovations and construction of the
museum facilities in accordance with all laws and ordinances applicable to such construction.
3.
LEASE AGREEMENT
3.1. As lease rental for the Facilities, BCM agrees to pay the City the sum of Five
Hundred Dollars ($500.00) per month. Payments will be paid based on invoicing from the City.
3.2 BCM shall use and occupy the Facilities as a children's museum and for related
purposes, including, but not limited to, educational, civic, fundraising, and museum related
entertainment purposes. BCM agrees to operate the Facilities as a children's museum during the
full term of this Lease. Should BCM fail to continue to use the premises for these intended public
purposes, the Lease shall terminate and the City shall be allowed to retake the premises.
3.3. BCM will comply with any and all laws, ordinances, rules, orders, and regulations of
any governmental authority which are applicable to BCM's operations in and on the Facilities.
BCM will operate under guidelines for museums as a separate entity from the City.
3.4. Nothing contained herein shall prevent BCM from charging an admission price for
persons to attend events at the museum or to use and charge for the museum facilities for related
events. City Administration shall be allowed to use the Facilities when available for no charge
for official City of Beaumont business two (2) times per year.
3.5. During the term of this Lease, BCM shall not, without first obtaining the written
consent of the City's City Manager or his designee, make ay alterations, additions, or
improvements in, to or about the Facilities, provided, however, that such consent shall not be
unreasonably withheld. Any work done by BCM in, to or about the Facilities shall be done in a
good workman -like manner and without impairing the structural integrity of the building and in
compliance with all applicable codes, ordinances and laws and no liens shall attach to the
Facilities. Similarly, during the term of this Lease, City will not, without first obtaining the
written consent of BCM make any alterations, additions, or improvements in, to or about the
Facilities; provided, however, that such consent shall not be unreasonably withheld.
3.6. BCM shall not do or suffer anything to be done in or about the Facilities which will
increase the rate for fire and extended coverage insurance on the Facilities.
2
3.7. Upon termination of this Lease under any provisions of this Lease other than on a
default on the part of BCM, BCM shall be entitled to remove all of the furniture, furnishings and
other property of BCM located on the premises.
3.8. BCM shall procure and maintain all insurance which it deems necessary for its
protection against loss of or damage to any property in or on the Facilities.
3.9. Either party may terminate this Lease with a ninety (90) day written notice to the
other. However, if either party defaults on the performance of any covenants or conditions
hereof, such party may give notice of such default to the other and, if such other party does not
cure such default within thirty (30) days after such notice, then the non -defaulting party may
terminate this Lease by written notice to so terminate. If terminated by the City, City may reenter
and take possession of the Facilities or remove all persons and property there from without being
deemed guilty of any manner of trespass.
3.10. The failure of either party to insist on strict performance of any covenant or
condition hereof or to exercise any option or election herein contained shall not be construed as a
waiver of such covenant, condition, option or election. In any other instance, this Lease cannot
be changed, amended or terminated orally.
3.11. During the term of this Lease, BCM shall be responsible for all general building
maintenance and upkeep of the Facilities. Maintenance, as used herein, shall mean replacement
of luminaries, repair of constructed features, replacement of floor coverings, and interior
painting. City will be responsible for janitorial services, structural walls, foundation, roof,
exterior windows, HVAC system operation, major plumbing repairs, and the structural integrity
of the Facilities. BCM will be responsible for television, internet, or other cable communication
devices and services.
3.12. BCM will have control of the use of the Facilities throughout the term of this Lease
and, thus, may allow the Facilities to be used by others when available on terms and conditions
to be decided by BCM; as long as the intended public purpose is maintained. However, BCM
may not assign or sublease its obligations under this Lease without the prior written consent of
the City Manager.
3.13. BCM shall provide broad form liability insurance (including contractual coverage)
naming the City as an additional insured for all uses of the Facilities with aggregate limits of less
than $1 million. A copy of same shall be filed with the City annually.
3.14. The provisions of this Lease shall apply to, bind and inure to the benefit of City and
BCM and their respective successors and assigns; provided, however, that the inclusion of
assigns in this sentence shall not be construed to permit an assignment contrary to any other
provision or covenant this lease.
3.15. This Lease an any and all amendments, modifications or other writings pertaining
thereto shall be construed under and pursuant to the laws of the State of Texas
3.16. In the event that any provision hereof or the application thereof to any person or
circumstances shall be judged invalid or unenforceable, the remainder of this Lease or the
application of such provision to persons or circumstances other than those to which it is held
invalid or unenforceable shall not be affected thereby and each term and provision of this Lease
shall be valid and enforced to the fullest extent permitted by law.
3.17. In construing this Lease, masculine or feminine pronouns shall be substituted for
those neuter in form and vice versa and plural terms shall be substituted for singular and singular
for plural in any place which the context so requires.
3.18. Any notice required hereunder shall be given in writing and shall be deemed to
have been duly given only if delivered personally or sent by registered or certified United States
mail, return receipt requested, in a postpaid envelope property addressed to the party entitled to
receive such notice. Notices shall be sent to the following addresses:
City:
City Manger
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
BCM:
Executive Director
The Beaumont Children's Museum
P.O. Box 7293
Beaumont, Texas 77726-7293
3.19. City shall be provided keys to the Facilities and may enter the Facilities after
providing BCM with 24-hour notice in non -emergency situations. In the event of an emergency
City will give reasonable notice prior to entering the Facilities.
3.20. This Agreement and Lease may only be amended by the parties in writing and will
only be considered valid once executed by BCM and the City Manager as authorized by the City
Council.
3.21. BCM agrees to indemnify and hold harmless and defend City its officers, agents,
and employees from and against all liability for claims, liens, suits, demands, and/or actions for
damages, injuries to person (including death), property damage, (including lose of use), and
expenses including court costs and attorney's fees, and reasonable costs arising out of or resulting
from BCM's activities in the Facilities, expressly including negligence of City officers, agents,
employees, or invites.
3.22. BCM shall have the right to erect, paint, or place exterior signs on the property and
Facilities only with the approval of the City Manager or his designee.
2
3.23. If the performance of any other covenant, agreement, obligation or undertaking
herein contained is delayed or made impossible or impracticable (after the party obligated or
permitted under the terms hereof to do or perform the same has made a good -faith effort to avoid
delay) by reason of war, government regulations or government interferences, pandemic, fire -or
other casualty man made or natural or any circumstance similar to any of those enumerated or
not, each party will be excused from and not considered to have breached the doing or
performing the same during such period of delay and relieved of any obligation to perform for
reasons of impossibility or impracticality.
IN WITNESS WHEROF, BCM and City have executed or cause to be executed by the
duly authorized officers or agents this Lease, all as of the day and year first above written.
CITY OF BEAUMONT THE BEAUMONT CHILDREN'S MUSEUM
Kyle Hayes, City Manager Amanda Yarbrough, Executive Director
61
C draf4mm
aoaMoo
m
�m
wow
o
N3WOM '�`
v
0
N3N
m
9
z
0
O
0
r o
m o
=1 �
z z
� o
O
0
z
0
A
O
3
O
;a
O
0
z O
Z O
O ;a
.ZJ
'D
r
r
0
0
'o
r
D
Z
CIVIC CENTER
m
w
BEAUMONT CHILDREN'S MUSEUM
a
b g � 3 0
P
�
LEASE SPACE
z Ei z 0
m