HomeMy WebLinkAboutRES 00-327 RESOLUTION NO. 00 -3ca-7
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to renew a lease agreement with
the Neches Valley Producers Association for the lease of the area known as "Farmers
Market", a 2.72 acre site out of the James Drake Survey and located at 2095 St. Helena
Street. The agreement is substantially in the form attached hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 171-IL day of
�� , 2000.
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- Mayor -
GACGIRESOIUTNAGENDA
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AGREEMENT
This Lease Agreement, dated this the day of , 200_,
by and between the CITY OF BEAUMONT, a municipal corporation organized under the laws of
the State of Texas, domiciled in Jefferson County, Texas, hereinafter called "Lessor," and THE
NECHES VALLEY PRODUCERS ASSOCIATION,a corporation with principal offices in Hardin
Coui,,y, Texas, hereinafter called "Lessee."
WITNESSETH:
Lessor, as the sole owner of the premises described below, does by these presents,
lease, let and demise unto Lessee the following described property, to-wit:
For locative corner begin at the intersection of the northeasterly right-
of-way line of the G.B. &K.C. (Santa Fe) Railroad and the present
west line of Saint Helena Street;
THENCE north along the said present west line of Saint Helena
Street three hundred thirty-five (335) feet to the southeast corner of
the tract of land herein described;
THENCE west along a line perpendicular to said present west line of
Saint Helena Street two hundred ten and forty-Pvo hundredths
(210.42)feet to a point for southwest corner in the said northeasterly
right-of-way line of the G.B. &K.C. (Santa Fe)Railroad;
THENCE north thirty-two degrees eight minutes west along the said
northeasterly right-of-way line of the G.B. & K.C. (Santa Fe)
Railroad four hundred thirty-one and three hundredths(431.03) feet
to a point for northwest corner,said point being the right-of-way line
Page 1 of 6
EXHIBIT "A"
, ) of the G.B. &K.C. (Santa Fe) Railroad;
THENCE east along a line perpendicular to said present west line of
Saint Helena Street four hundred thirty-nine and sixty-eight
hundredths (439.68) feet to a point for northeast corner, said point
being in the west line of Saint Helena Street;
THENCE south along the present, west line of Saint Helena Street
three hundred sixty-five (365.00) feet to the Place of Beginning,
containing 2.72 acres of land,more or less,as depicted on the Exhibit
"A" attached;
SAVE AND EXCEPT out of the above described property a twenty
(20)foot drainage easement for storm sewer purposes adjacent to the
continuing along the Railroad right-of-way that adjoins the above
described property,with the right of Grantor to enter upon,cross.and
Mork at all times the heretofore c_scribeu propC t%;
1.
TERM OF LEASE
The term of this lease shall be for five (5) years, commencing on the 1 st day of
January, 2001, and expiring on the 31st day of December, 2005, upon the following conditions,
obligations and covenants:
2.
PAYMENT
In consideration of the mutual covenants and agreements herein set forth, Lessee
agrees to pay to Lessor as rent for said premises the sum of Five Dollars(55.00), in advance, for the
term of this Lease Agreement.
Page 2 of 6
3.
OPERATION OF LEASED PREMISES
Lessee agrees to operate, maintain and conduct upon the above described leased
premises, a public market for the sale of produce, same to be known as "The Farmers Market." It
is further understood and agreed between the parties hereto that Lessee will use the leased premises
for the aforementioned purpose,unless Lessor shall give Lessee prior written consent for a different
use.
4.
PARTIES UTILIZING PREIkHSES
Lessee agrees that only members of its AS_.-,�iation
Chambers, Galveston, Hardin, Jasper, Jefferson, Liberty, Newton, Angelina, Orange, Polk, Tyler,
Sabine,and San Augustine,who are bona fide producers of the products he proposes to sell,will be
allowed to sell in this market, except that bona fide producers residing in counties other than those
named may, in the discretion of the Market Master, be permitted to use the market in times of
scarcity of produce on a day-to-day basis, it being understood by the parties hereto that commercial
produce dealers who are not bona fide producers will not be permitted to sell on this market.
5.
MAINTENANCE OF PROPERTY
Lessee shall be responsible for the maintenance of the leased premises and agrees to
keep all improvements placed thereon in good repair and in clean condition, and agrees to keep the
parking area clean and property surfaced at all times. Lessee shall be responsible for the conduct
of each member of the Association and the public while on said premises and will insist on each
member observing all the ordinances of the City of Beaumont and the laws of the State of Texas,and
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Page 3 of 6
upon their failure to do so,will revoke their rights under this lease. Lessee agrees to pay all charges
for water, gas, electric power, and other utilities incurred during the term hereof, and at the
expiration of this lease, Lessee shall deliver the premises described herein to Lessor in a clean
condition and cleared of all buildings,foundations,rubbish,etc.,unless Lessee and Lessor mutually
agree to renew this lease agreement upon expiration thereof.
6.
IMPROVEMENTS
It is agreed and understood that Lessee shall have the right to place on said leased
premises such improvements as are reasonablv necessary,said improvements to be the responsibilit.
of Lessee.
7.
LIABILITY
Lessee shall indemnify and hold Lessor 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 Lessee's business or its use of the leased
premises.
8.
INSURANCE COVERAGE
Lessee shall carry a policy of comprehensive general liability insurance with a
company acceptable to Lessor, naming the Lessor as an additional insured in the sum of Fire
Hundred Thousand Dollars ($500,000.00) combined single limit during the entire term of the
contract. The original certificate of insurance shall be filed with the City Clerk of the City of
Beaumont,prior to Lessee's taking possession of the described premises under this lease.
r Page 4 of 6
9.
CANCELLATION
It is mutually agreed and understood between the parties hereto that either party to
this lease shall have the right to cancel same for any reason whatsoever by giving the other party
notice in writing of its intention to cancel at least sixty (60) days prior to the effective date of
cancellation. It is understood, however, that Lessor will not give notice of cancellation so that the
time of cancellation will occur during the months of June,July,or August,which is heavy marketing
season of said Association. Upon notice of cancellation by Lessor or at termination of lease in any
other manner.Lessee agrees to remove all improvements within forty(40)days or same Nvill become
the property of Lessor at its option.
10.
RIGHT TO ENTER PREMISES
It is understood between the parties hereto that Lessor reserves the right at any and
all times to enter said premises or any part thereof for the purpose of constructing, reconstructing,
or maintaining the drainage ditches or drainage structures located on the leased premises.
11.
EXPIRATION OF LEASE
Should Lessee hold over the premises,or any part thereof,after the expiration of the
term of this lease, unless otherwise agreed in writing, such holding over shall constitute and be
construed as tenancy from month-to-month only. Inclusion of the preceding sentence shall not be
construed as Lessor's consent for Lessee to hold over.
Page 5 of 6
EXECUTED in duplicate originals,this the_day of ,
200 Lessor, acting herein by and through its City Manager, hereunto duly authorized, and
Lessee, acting herein by and through its President and Market Master.
LESSOR:
THE CITY OF BEAUMONT
BY:
STEPHEN J. BONCZEK, CITY MANAGER
LESSEE:
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THE NECHES VALLEY PRODUCERS ASSOCIATION
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BY:
SAM GORE, PRESIDENT AND MARKET MANAGER
THE NECHES VALLEY PRODUCERS ASSOCIATION
Page 6 of 6
EXHIBIT A ,
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NECHES VALLEY
431 .03' PRODUCERS
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