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HomeMy WebLinkAboutRES 21-176RESOLUTION NO. 21-176 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 Management Agreement between the City of Beaumont and Beaumont Council of Garden Clubs for management of Beaumont Botanical Gardens located at 5520 Babe Zaharias Drive. The Management Agreement is substantially in the form attached hereto as Exhibit "A" 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 27th day of July, 2021. *'S'S-C�p Mayor Robin Mouton - � 11111\�_'3[ MANAGEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City of Beaumont, a municipal corporation domiciled in Jefferson County, "texas, hereinafter called "City," and the Beaumont Council of Garden Clubs, a Texas non-profit organization domiciled in Jefferson County, Texas, hereinafter called "BCGC," and WHEREAS the parties recognize the mutual benefit to BCGC and City derived from the existence of the Botanical Gardens, the Warren Loose Conservatory, Binks Horticultural Center, Garden Center Building, Maintenance Building and amenities located on the grounds of Tyrrell Park, and WHEREAS, to that end, City and BCGC agree as follows: WITNESSETH Article I. Description of Lease Premises For and in consideration of payment by City of the management fee hereinafter reserved to BCGC and the performance by BCGC of the covenants and agreement hereinafter contained to be performed by BCGC, and in accordance with all the provisions hereinafter set forth, City does hereby lease and let unto BCGC, and BCGC does hereby take and lease from City, the following described real property, and premises (the "Leased Premises"): That certain land more fully described in Exhibit "A" attached hereto and made a part hereof by this reference, hereinafter called the "Land," and the BCGC, Garden Center Building, Maintenance Shop Building, Warren Loose Conservatory, Binks Horticultural Center, parking facilities and lighting, sidewalks, bridges, gazebo, fountains, fences, and gates hereinafter called the "Properties." BCGC is also given the non-exclusive right during the term of this Agreement to utilize the properties described in Exhibit "B" for any purpose including, but not limited to building and grounds rentals, that has been approved in writing in advance by the City Manager of the City, or his designee. 11 Page EXHIBIT "A" Article 2. Term of Agreement The term of this Agreement shall be for three (3) years commencing on and terminating at 11:59 p.m. on , if not sooner terminated as hereinafter provided. BCGC and the City may renew this agreement for two (2) one (1) year extensions if mutually agreed. Should BCGC fail to maintain gardens, in a manner to attract tourism and educate the public by providing documented living plants, City may cancel the agreement and assume full responsibility. Article 3. Management Fee In consideration for BCGC maintaining and managing the Leased Premises herein described, City shall pay to BCGC the sum of Three Thousand Dollars ($3,000.00) per month, payable on the first day of each month during the term of this Agreement, commencing on for the first year and One Thousand Five Hundred Dollars ($1,500.00) per month for the second year, and zero dollars ($0.00) for year three and any renewal term thereafter. Article 4. Use and Occupancy BCGC shall use and occupy the Leased Premises as a botanical garden for the education and promotion of horticultural activities and related purposes during the full term of this Agreement. The grounds of the Leased Premises shall be open to the public during normal hours of operations as shall be agreed to between the parties. BCGC may secure the fenced area of the gardens daily in accordance with hours of Tyrrell Park. BCGC may secure the fenced area as it deems necessary for events and BCGC may charge an admission fee for special events. BCGC will comply with any and all laws, ordinances, rules, orders and regulations of any governmental authority which are applicable to BCGC's operations in and on the Leased Premises_ 13CGC further agrees that no part of said facility will be used for any unlawful purpose. Any use of the Leased Premises or properties described in Exhibit "B" by BCGC shall be in accordance with the Americans with Disabilities Act (ADA) and any revision thereof. City owned properties not in compliance with ADA shall be addressed and remedied by the City. 21 Page BCGC shall not assign its obligations to another Management group or parry without receiving approval from the City. Article 5. Alterations, Additions or Improvements BCGC shall not, without first obtaining the written consent of the City Manager or his designee, make any alterations, additions or improvements to the properties or the land; provided, however, that such consent shall not be unreasonably withheld. Any work done by BCGC to the Leased Premises or property described in Exhibit "B" shall be done in a good and workmanlike manner and without impairing the structural integrity of the Land or Building. Any alterations, additions or improvements made by BCGC shall become the property of City. In the event improvements are contemplated or made to the property or grounds, the City may, at its sole discretion, assist the BCGC by providing employees, equipment and/or materials as may be available at the time Article 6. Obligations of City and Garden Council BCGC shall use the funds provided in Article 3 above to provide and maintain a clean and pleasant environment, free of any hazards, at all times. BCGC shall pay all personal property taxes, if any, imposed on the equipment, inventory, fixtures and other personal property located on the Leased Premises. BCGC should maintain such insurance as it deems appropriate to protect its personal property on the Leased Premises. BCGC shall, at its own expense, provide such competent help and personnel as it shall deem necessary for the safe operations and management of the properties. Any employee of the BCGC shall be solely an employee of the BCGC and shall not be considered an employee of City for any purpose. City shall be obligated and responsible for the following: a) Maintenance and repair of the interior and exterior walls, roofs, foundations, doors, windows, fans, awnings, structural systems, and sidewalks of the Garden Center Building, Binks Horticultural Center building, Warren Loose Conservatory, and the Maintenance Shop building; b) Maintenance and repair of all sidewalks, bridges, parking lots, fountains, fences and gates of all properties and land; 31 Page c) Maintenance and repair of all electrical systems; d) Maintenance and repair of air conditioning systems in the Garden Center building, Binks Horticultural Center building, Warren Loose Conservatory, and the Maintenance Shop Building; c) Payment of electrical, gas, water utilities and basic telephone services, excluding long distance telephone service, basic DSL or internet services; f) Cleaning of the outdoor restrooms in accordance with the Parks & Recreations cleaning schedule; g) Assistance from the City's Facilities Maintenance - Grounds Maintenance Crew when available and approved by the Facilities Maintenance Director. h) Maintenance and repair of the Warren Loose Conservatory's structural systems, including the replacement of windows; and the repairs to the Greenhouse and Propagation buildings structural system and fiberglass exterior covering; and the repairs to the exhaust and air circulation fans; and repairs to the ventilation panel motors and control system; repairs to the humidifier system. i) Repair of all Building plumbing systems, excluding services required to remove obstructions from sewer lines. All irrigation systems are the responsibility of BCGC. j) Repair the water fountain, pond fountain and pump systems. Daily routine maintenance and cleaning of the fountains to be the responsibility of the BCGC. k) Maintenance and repairs to the perimeter chain link fence, ornamental fence, and fixed knot fencing. 1) Maintenance and repairs to the wooden arbors, gazebo, and bridges. m) Maintenance and repairs to the concrete sidewalks throughout the garden area n) Removal of dead trees and hanging limbs. 41 Page All obligations which are not listed above shall be the responsibility of BCGC; including but not limited to the lawn maintenance and the purchase of all plants and materials, and bed planting; and themaintenance, repair and/or replacement of all Kitchen equipment located inside the Garden Center Building, Maintenance Shop, and the Binks Horticultural Center; City shall, at its expense, maintain such casualty insurance covering the Leased Premises as it deems appropriate to cover its interest thereon. BCGC shall have no authority to incur any obligation on behalf of the City nor does City have any authority to incur any obligation on behalf of the BCGC concerning the properties. This Management Agreement shall not be assignable in whole or in part by BCGC or City without the written consent of the other party_ BCGC shall, always, keep the property of City free and clear of all liens, attachments, encumbrances or claims arising out of BCGC's operations. Article 7_ General Liability Insurance BCGC shall provide general liability insurance in the minimum aggregate amount of One Million Dollars ($1,000,000), such insurance naming City as an additional named insured and provide City with a certificate of insurance evidencing such coverage. The insurance must additionally insure the indemnity required by this Agreement. Article S. Damage to Leased Premises In the event the Leased Premises are partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, BCGC shall give immediate notice to City. City may repair the damage and restore the Leased Premises to substantially the same condition as immediately prior to the occurrence of the casualty. BCGC shall allow City a fair reduction of the management fee during the time the Leased Premises are partially unfitfor occupancy. If the Leased Premises are totally destroyed or deemed by the City to be rendered unfit for occupancy by fire or other casualty, or if City shall decide not to repair or rebuild, this Management Agreement shall terminate, and the management fez shall be paid to the time of such casualty. 51 Page Article 9. Default In the event either parry defaults in the performance of any of its obligations under this Agreement, and such default continues uncorrected for thirty (30) days after written notice from the other party of the particular default, said notice being given by certified mail, return receipt requested, addressed to the defaulting party at its address as hereinafter set forth, thereupon, at the sole election of the non - defaulting party, this Agreement may be terminated_ City shall have a right of re-entry and operation of the facility upon any termination. Notice to the City shall be deemed proper when received by the City Manager or his designee_ Notice to BCGC shall be deemed proper when received by any member of BCGC who accepts service. Article 10_ Indemnification BCGC shall indemnify and hold City harmless from any and all liabilities, claims, damages, judgments, injuries, costs, and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of BCGC's business or its use of the Leased Premises. Article I I- Non -Appropriation of Funds Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period formanagement payments due underthis Agreement, City will immediately notify BCGC in writing of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to City. If both the City and BCGC wish to continue the Agreement without payment of any management fees, and it is agreed to by both parties in writing, the Agreementwill continue in accordance with the terms and conditions as stated herein. Article 12. Miscellaneous Venue for any dispute arising from this agreement shall be proper in Beaumont, Jefferson County, Texas. This agreement represents the full understanding between the panics. Any amendments or addendums not in writing and attached to this document shall be unenforceable. 61 Page IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 2021. LESSEE: BEAUMONT COUNCIL OF GARDEN CLUBS By: Printed Name / Title: Date Signed: LESSOR: CITY OF BEAUMONT By: Printed Name/ Title: Kyle Hayes CiN Manager Date Signed: 71 Page Exhibit "A" TRACT A BEING a 7.744 acre tract of land in Tyrrell Park; BEGINNING at a 3/4" iron rod set for the Northwesterly corner of the herein described tract, to -wit; THENCE North 88 degrees 15 minutes 20 seconds East for a distance of 125.38 feet to a fence corner, THENCE North 88 degrees 50 minutes 27 seconds East for a distance of 249.39 feet to a fence comer; THENCE North 46 degrees 32 minutes 13 seconds East for a distance of 236.8 feet to a fence comer; THENCE North 61 degrees 53 minutes 35 seconds East for a distance of 89.05 feet to a fence comer; THENCE North 68 degrees 12 minutes 12 seconds East for a distance of 233.74 feet to a fence corner; THENCE South 30 degrees 30 minutes 29 seconds East for a distance of 172.4 feet to a fence comer; THENCE South 45 degrees 26 minutes 00 seconds West for a distance of 281.45 feet to a fence comer; THENCE South 06 degrees 09 minutes 37 seconds West for a distance of 176.99 feet to a fence _ comer; THENCE South 66 degrees 24 minutes 56 seconds West for a distance of 168.37 feet to a fence comer; THENCE South 87 degrees 32 minutes 09 seconds West for a distance of 61.0 feet to a fence corner; THENCE South 45 degrees 55 minutes 30 seconds West for a distance of 161.61 feet to a fence corner; THENCE South 31 degrees 14 minutes 50 seconds West for a distance of 134.53 feet to a 314" iron rod; THENCE North 42 degrees 23 minutes 01 seconds West for a distance of 376.74 feet to a spike nail; THENCE North 24 degrees 58 minutes 28 seconds West for a distance of 181.42 feet to a 3/4" iron rod; THENCE North 15 degrees 48 minutes 35 seconds East for a distance of 79.18 feet to a 3/4" iron rod and the PLACE OF BEGINNING, containing 7.744 acres of land, more or less. Exhibit'B" TRACT B BEING a 15.336 acre tract of land in Tyrrell Park; BEGINNING at a 3/4" iron rod set for the Northwesterly comer of the herein described tract, to -wit; THENCE North 31 degrees 14 minutes 50 seconds East for a distance of 134.53 feet to a fence comer; THENCE North 45 degrees 55 minutes 30 seconds East for a distance of 161.61 feet to a fence comer; THENCE North 87 degrees 32 minutes 09 seconds East for a distance of 61.0 feet to a fence comer; THENCE North 66 degrees 24 minutes 56 seconds East for a distance of 168.37 feet to a fence comer; THENCE North 06 degrees 09 minutes 37 seconds East for a distance of 176.99 feet to a fence comet THENCE North 45 degrees 76 minutes 00 seconds East for a distance of 281.45 feet to a fence comer; THENCE North 30 degrees 30 minutes 29 seconds West for a distance of 172.40 feet to a fence comer; THENCE North 44 degrees 45 minutes 59 seconds East for a distance of 63.21 feet to a 3/4" iron rod; THENCE South 19 degrees 84 minutes 58 seconds East for a distance of 350.44 feet to a 3/4" iron rod; THENCE South 28 degrees 12 minutes 35 seconds East for a distance of 413.3 feet to a 3/4" iron rod; THENCE South 24 degrees 33 minutes 43 seconds West for a distance of 85.05 feet to a 3/4" iron rod; THENCE South 01 degrees 46 minutes 35 seconds West for a distance of 521.04 feet to a 3/4" iron rod; THENCE South 07 degrees 06 minutes 03 seconds East for a distance of 667.91 feet to a 3/4" iron rod; THENCE South 74 degrees 41 minutes 23 seconds West for a distance of 39.58 feet to a 3/4" iron rod; THENCE North 21 degrees 15 minutes 48 seconds West for a distance of 221.83 feet to a 3/4" iron rod; THENCE North 29 degrees 45 minutes 48 seconds West for a distance of 225.33 feet to a 3/4" iron rod; THENCE North 33 degrees 19 minutes 18 seconds West for a distance of 168.08 feet to a 3/4" iron rod; THENCE North 37 degrees 06 minutes 14 seconds West for a distance of 256.86 feet to a 34' iron rod; THENCE North 49 degrees 50 minutes 46 seconds West for a distance of 353.95 feet to a 3/4" iron rod; THENCE North 58 degrees 29 minutes 26 seconds West for a distance of 237.4 feet to a 3/4" iron rod and the PLACE OF BEGINNING, containing 15.336 acres of land, more or less. MANAGEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, 11 hereinafter called "City," and the Beaumont Council of Garden Clubs, a Texas non-profit organization domiciled in Jefferson County, Texas, hereinafter called "BCGC," and WHEREAS the parties recognize the mutual benefit to BCGC and City derived from the existence of the Botanical Gardens, the Warren Loose Conservatory, Binks Horticultural Center, Garden Center Building, Maintenance Building and amenities located on the grounds of Tyrrell Park, and WHEREAS, to that end, City and BCGC agree as follows: WITNESSETH: Article I. Description of Lease Premises For and in consideration of payment by City of the management fee hereinafter reserved to BCGC and the performance by BCGC of the covenants and agreement hereinafter contained to be performed by BCGC, and in accordance with all the provisions hereinafter set forth, City does hereby lease and let unto BCGC, and BCGC does hereby take and lease from City, the following described real property, and premises (the "Leased Premises"): That certain land more fully described in Exhibit "A" attached hereto and made a part hereof by this reference, hereinafter called the "Land," and the BCGC, Garden Center Building, Maintenance Shop Building, Warren Loose Conservatory, Binks Horticultural Center, parking facilities and lighting, sidewalks, bridges, gazebo, fountains, fences, and gates hereinafter called the "Properties." BCGC is also given the non-exclusive right during the term of this Agreement to utilize the properties described in Exhibit "B" for any purpose including, but not limited to building and grounds rentals, that has been approved in writing in advance by the City Manager of the City, or his designee. 1Page Article 2. Term of Agreement The term of this Agreement shall be for three (3) years commencing on and terminating at 1 1:59 p.m. on 9 -15- Z y , if not sooner terminated as hereinafter provided. BCGC and the City may renew this agreement for two (2) one (1) year extensions if mutually agreed. Should BCGC fail to maintain gardens, in a manner to attract tourism and educate the public by providing documented living plants, City may cancel the agreement and assume full responsibility. Article 3. Management Fee In consideration for BCGC maintaining and managing the Leased Premises herein described, City shall pay to BCGC the sum of Three Thousand Dollars ($3,000.00) per month, payable on the first day of each month during the term of this Agreement, commencing on for the first year and One Thousand Five Hundred Dollars ($1,500.00) per month for the second year, and zero dollars ($0.00) for year three and any renewal term thereafter. Article 4. Use and Occupancy BCGC shall use and occupy the Leased Premises as a botanical garden for the education and promotion of horticultural activities and related purposes during the full term of this Agreement. The grounds of the Leased Premises shall be open to the public during normal hours of operations as shall be agreed to between the parties. BCGC may secure the fenced area of the gardens daily in accordance with hours of Tyrrell Park. BCGC may secure the fenced area as it deems necessary for events and BCGC may charge an admission fee for special events. BCGC will comply with any and all laws, ordinances, rules, orders and regulations of any governmental authority which are applicable to BCGC 's operations in and on the Leased Premises. BCGC further agrees that no part of said facility will be used for any unlawful purpose. Any use of the Leased Premises or properties described in Exhibit "B" by BCGC shall be in accordance with the Americans with Disabilities Act (ADA) and any revision thereof. City owned properties not in compliance with ADA shall be addressed and remedied by the City. 2 1 P a g e BCGC shall not assign its obligations to another Management group or party without receiving approval from the City. Article 5. Alterations, Additions or Improvements BCGC shall not, without first obtaining the written consent of the City Manager or his designee, make any alterations, additions or improvements to the properties or the land; provided, however, that such consent shall not be unreasonably withheld. Any work done by BCGC to the Leased Premises or property described in Exhibit "B" shall be done in a good and workmanlike manner and without impairing the structural integrity of the Land or Building. Any alterations, additions or improvements made by BCGC shall become the property of City. In the event improvements are contemplated or made to the property or grounds, the City may, at its sole discretion, assist the BCGC by providing employees, equipment and/or materials as may be available at the time. Article 6. Obligations of City and Garden Council BCGC shall use the funds provided in Article 3 above to provide and maintain a clean and pleasant environment, free of any hazards, at all times. BCGC shall pay all personal property taxes, if any, imposed on the equipment, inventory, fixtures and other personal property located on the Leased Premises. BCGC should maintain such insurance as it deems appropriate to protect its personal property on the Leased Premises. BCGC shall, at its own expense, provide such competent help and personnel as it shall deem necessary for the safe operations and management of the properties. Any employee of the BCGC shall be solely an employee of the BCGC and shall not be considered an employee of City for any purpose. City shall be obligated and responsible for the following: a) Maintenance and repair of the interior and exterior walls, roofs, foundations, doors, windows, fans, awnings, structural systems, and sidewalks of the Garden Center Building, Binks Horticultural Center building, Warren Loose Conservatory, and the Maintenance Shop building; b) Maintenance and repair of all sidewalks, bridges, parking lots, fountains, fences and gates of all properties and land; 3Page c) Maintenance and repair of all electrical systems; d) Maintenance and repair of air conditioning systems in the Garden Center building, Binks Horticultural Center building, Warren Loose Conservatory, and the Maintenance Shop Building; e) Payment of electrical, gas, water utilities and basic telephone services, excluding long distance telephone service, basic DSL or internet services; fl Cleaning of the outdoor restrooms in accordance with the Parks & Recreations cleaning schedule; g) Assistance from the City's Facilities Maintenance - Grounds Maintenance Crew when available and approved by the Facilities Maintenance Director. h) Maintenance and repair of the Warren Loose Conservatory's structural systems, including the replacement of windows; and the repairs to the Greenhouse and Propagation buildings structural system and fiberglass exterior covering; and the repairs to the exhaust and air circulation fans; and repairs to the ventilation panel motors and control system; repairs to the humidifier system. i) Repair of all Building plumbing systems, excluding services required to remove obstructions from sewer lines. All irrigation systems are the responsibility of BCGC. j) Repair the water fountain, pond fountain and pump systems. Daily routine maintenance and cleaning of the fountains to be the responsibility of the BCGC. k) Maintenance and repairs to the perimeter chain link fence, ornamental fence, and fixed knot fencing. 1) Maintenance and repairs to the wooden arbors, gazebo, and bridges. m) Maintenance and repairs to the concrete sidewalks throughout the garden area. n) Removal of dead trees and hanging limbs. 4 1 P a g e All obligations which are not listed above shall be the responsibility of BCGC; including but not limited to the lawn maintenance and the purchase of all plants and materials, and bed planting; and the maintenance, repair and/or replacement of all Kitchen equipment located inside the Garden Center Building, Maintenance Shop, and the Binks Horticultural Center; City shall, at its expense, maintain such casualty insurance covering the Leased Premises as it deems appropriate to cover its interest thereon. BCGC shall have no authority to incur any obligation on behalf of the City nor does City have any authority to incur any obligation on behalf of the BCGC concerning the properties. This Management Agreement shall not be assignable in whole or in part by BCGC or City without the written consent of the other party. BCGC shall, always, keep the property of City free and clear of all liens, attachments, encumbrances or claims arising out of BCGC's operations. Article 7. General Liability Insurance BCGC shall provide general liability insurance in the minimum aggregate amount of One Million Dollars ($1,000,000), such insurance naming City as an additional named insured and provide City with a certificate of insurance evidencing such coverage. The insurance must additionally insure the indemnity required by this Agreement. Article 8. Damage to Leased Premises In the event the Leased Premises are partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, BCGC shall give immediate notice to City. City may repair the damage and restore the Leased Premises to substantially the same condition as immediately prior to the occurrence of the casualty. BCGC shall allow City a fair reduction of the management fee during the time the Leased Premises are partially unfit for occupancy. If the Leased Premises are totally destroyed or deemed by the City to be rendered unfit for occupancy by fire or other casualty, or if City shall decide not to repair or rebuild, this Management Agreement shall terminate, and the management fee shall be paid to the time of such casualty. 5 1 P a g e Article 9. Default In the event either party defaults in the performance of any of its obligations under this Agreement, and such default continues uncorrected for thirty (30) days after written notice from the other parry of the particular default, said notice being given by certified mail, return receipt requested, addressed to the defaulting party at its address as hereinafter set forth, thereupon, at the sole election of the non - defaulting parry, this Agreement may be terminated. City shall have a right of re-entry and operation of the facility upon any termination. Notice to the City shall be deemed proper when received by the City Manager or his designee. Notice to BCGC shall be deemed proper when received by any member of BCGC who accepts service. Article 10. Indemnification BCGC shall indemnify and hold City harmless from any and all liabilities, claims, damages, judgments, injuries, costs, and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of BCGC's business or its use of the Leased Premises. Article 11. Non -Appropriation of Funds Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for management payments due under this Agreement, City will immediately notify BCGC in writing of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to City. If both the City and BCGC wish to continue the Agreement without payment of any management fees, and it is agreed to by both parties in writing, the Agreement will continue in accordance with the terms and conditions as stated herein. Article 12. Miscellaneous Venue for any dispute arising from this agreement shall be proper in Beaumont, Jefferson County, Texas. This agreement represents the full understanding between the parties. Any amendments or addendums not in writing and attached to this document shall be unenforceable. 6 1 P a g e IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 19 gh day of L, 2021. LESSEE: BEATTWNT COUN C1 GARDEN CLUBS By: A-At� Printed Name / Title: P Date Signed: 9—&77� / LESSOR: CITY OF BEAUMONT By: Printed Name / Title: Kyle Haems_ Manager Date Signed: g ' 14 - 2-1 71 Page Exhibit "A" TRACT A BEING a 7.744 acre tract of land in Tyrrell Park; BEGINNING at a 3/4" iron rod set for the Northwesterly corner of the herein described tract, to -wit. - THENCE North 88 degrees 15 minutes 20 seconds East for a distance of 125.38 feet to a fence corner; THENCE North 88 degrees 50 minutes 27 seconds East for a distance of 249.39 feet to a fence corner; THENCE North 46 degrees 32 minutes 13 seconds East for a distance of 236.8 feet to a fence corner; THENCE North 61 degrees 53 minutes 35 seconds East for a distance of 89.05 feet to a fence corner, THENCE North 68 degrees 12 minutes 12 seconds East for a distance of 233.74 feet to a fence corner; THENCE South 30 degrees 30 minutes 29 seconds East for a distance of 172.4 feet to a fence corner, THENCE South 45 degrees 26 minutes 00 seconds West for a distance of 281.45 feet to a fence corner; THENCE South 06 degrees 09 minutes 37 seconds West for a distance of 176.99 feet to a fence _ corner; THENCE South 66 degrees 24 minutes 56 seconds West for a distance of 168.37 feet to a fence corner; THENCE South 87 degrees 32 minutes 09 seconds West for a distance of 61.0 feet to a fence corner; THENCE South 45 degrees 55 minutes 30 seconds West for a distance of 161.61 feet to a fence corner; THENCE South 31 degrees 14 minutes 50 seconds West for a distance of 134.53 feet to a 3/4" iron rod; THENCE North 42 degrees 23 minutes 01 seconds West for a distance of 376.74 feet to a spike nail; THENCE North 24 degrees 58 minutes 28 seconds West for a distance of 181.42 feet to a 3/4" iron rod; THENCE North 15 degrees 48 minutes 35 seconds East for a distance of 79.18 feet to a 3/4" iron rod and the PLACE OF BEGINNING, containing 7.744 acres of land, more or less. Exhibit "B" TRACT B BEING a 15.336 acre tract of land in Tyrrell Park; BEGINNING at a 3/4" iron rod set for the Northwesterly comer of the herein described tract, to -wit; THENCE North 31 degrees 14 minutes 50 seconds East for a distance of 134.53 feet to a fence comer; THENCE North 45 degrees 55 minutes 30 seconds East for a distance of 161.61 feet to a fence corner; THENCE North 87 degrees 32 minutes 09 seconds East for a distance of 61.0 feet to a fence comer; THENCE North 66 degrees 24 minutes 56 seconds East for a distance of 168.37 feet to a fence comer; THENCE North 06 degrees 09 minutes 37 seconds East for a distance of 176.99 feet to a fence comer; THENCE North 45 degrees 76 minutes 00 seconds East for a distance of 281.45 feet to a fence comer; THENCE North 30 degrees 30 minutes 29 seconds West for a distance of 172.40 feet to a fence corner; THENCE North 44 degrees 45 minutes 59 seconds East for a distance of 63.21 feet to a 3/4" iron rod; THENCE South 19 degrees 84 minutes 58 seconds East for a distance of 350.44 feet to a 3/4" iron rod; THENCE South 28 degrees 12 minutes 35 seconds East for a distance of 413.3 feet to a 3/4" iron rod; THENCE South 24 degrees 33 minutes 43 seconds West for a distance of 85.05 feet to a 3/4" iron rod; THENCE South 01 degrees 46 minutes 35 seconds West for a distance of 521.04 feet to a 3/4" iron rod; THENCE South 07 degrees 06 minutes 03 seconds East for a distance of 667.91 feet to a 3/4" iron rod; THENCE South 74 degrees 41 minutes 23 seconds West for a distance of 39.58 feet to a 3/4" iron rod; THENCE North 21 degrees 15 minutes 48 seconds West for a distance of 221.83 feet to a 3/4" iron rod; THENCE North 29 degrees 45 minutes 48 seconds West for a distance of 225.33 feet to a 3/4" iron rod; THENCE North 33 degrees 19 minutes 18 seconds West for a distance of 168.08 feet to a 3/4" iron rod; THENCE North 37 degrees 06 minutes 14 seconds West for a distance of 256.86 feet to a 3/4" iron rod; THENCE North 49 degrees 50 minutes 46 seconds West for a distance of 353.95 feet to a 3/4" iron rod; THENCE North 58 degrees 29 minutes 26 seconds West for a distance of 237.4 feet to a 3/4" iron rod and the PLACE OF BEGINNING, containing 15.336 acres of land, more or less.