The URL can be used to link to this page

Home My WebLink AboutRES 01-167 RESOLUTION NO. 01-167 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a three (3) year lease agreement with C. L. Sherman and Sons Lumber Dealers, Inc. for the rental of 2510 North 11th Street, Suite A, at the rate of$1,276 per month for the operation of EMS Med 1. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of July, 2001. f - Mayor - THE STATE OF TEXAS § LEASE AGREEMENT COUNTY OF JEFFERSON § This Lease Agreement is made and entered into by and between C. L. Sherman and Sons Lumber Dealers, Inc., of Jefferson County, Texas, hereinafter called "Landlord," and The City of Beaumont, Jefferson County, Texas, hereinafter called"Tenant." In consideration of the mutual covenants and agreements herein set forth,and other good and valuable consideration, Landlord does hereby demise and lease to Tenant, and Tenant does hereby lease from Landlord, certain real property and improvements thereon at 2510 North l Ith Street, Suite`A'and one-third(1/3)of the adjacent parking lot,located in the City of Beaumont,hereinafter called the"leased premises." ARTICLE 1. TERM OF LEASE 1.1 The term of this Lease shall be three(3)years, commencing on the first(1 st)day of July 2001, and ending at 11:59 p.m. on the thirtieth (30th) day of June 2004, unless sooner terminated as herein provided. ARTICLE 2. RENT 2.1 Tenant agrees to pay to Landlord rent in monthly installments of Twelve Hundred Seventy-Six($1,276.00)each,with the first such installment being due and payable on July 1,2001 and a like installment of rent being due and payable on the first (1st) day of each calendar month thereafter. EXHIBIT "A" 2.2 All rent payable hereunder shall be paid to Landlord by mailing or delivering payment to 2970 Washington Blvd., Beaumont, Texas 77705 or such other place or places as Landlord may from time to time designate in writing to Tenant. ARTICLE 3. BUSINESS 3.1 Tenant shall operate the leased premises only for the use and purposes for which it is let,to-wit:Municipal uses. Tenant will comply,and will cause its employees,agents and invitees to comply, with all applicable laws and ordinances and with all rules and regulations of governmental agencies. ARTICLE 4. MAINTENANCE AND SURRENDER 4.1 Landlord shall repair and maintain in good condition the roof, foundation, exterior doors, exterior walls, electrical and plumbing systems, major components of the heating and air conditioning systems, the adjacent driveways and parking lot of the leased premises; provided, however,Landlord shall not be obligated to perform any maintenance,repairs or replacements made necessary by the negligence of Tenant or Tenant's agents, employees or invitees, which maintenance, repairs or replacements shall be performed by Tenant at Tenant's sole cost and expense. All other repairs,maintenance and replacements necessary to maintain the leased premises in good condition, not specifically allocated to the Landlord in this Article 4, shall be made by Tenant at Tenant's sole cost and expense,including without limitation air conditioner filters,stopped up plumbing lines,and janitorial services. All maintenance,repairs and replacements shall be made promptly by the party responsible as and when necessary. 4.2 Tenant shall throughout the Lease term maintain the leased premises in an orderly condition as provided above and keep them free from waste or nuisance. At the termination of this - 2 - Lease, Tenant shall deliver up the leased premises in a clean and sanitary condition in good repair and condition, reasonable wear and tear and damage by fire, tornado or other casualty, not caused through the fault of Tenant or any of Tenant's agents, invitees or employees, only excepted. 4.3 Landlord will conduct a move-out inspection of the premises when Tenant vacates and the cost of any damage repairs above reasonable wear may be billed to Tenant. 4.4 If Tenant fails to pay lease or other amount owed for a period of thirty(30) days, or if Tenant abandons the building,then Landlord may terminate the Lease Agreement with or without demand for performance by giving Tenant thirty (30) days written notice to vacate, and Landlord may be entitled to possession by eviction suit. Notice may be mailed or personally delivered to Tenant. ARTICLE 5. OBLIGATIONS OF LANDLORD AND TENANT 5.1 The monthly rental amount stated in Article 2.1 above includes payments for water and garbage services. Tenant shall be responsible for the payment of telephone and electricity services. 5.2 Tenant shall pay all personal property taxes, if any, imposed on the equipment, inventory, fixtures and other personal property located on the leased premises. Landlord shall pay all real property taxes on the leased premises. 5.3 Landlord shall, at its expense,maintain such casualty insurance covering the leased premises as it deems appropriate to cover its interest thereon. Tenant should maintain such insurance as it deems appropriate to protect its property on the leased premises. 5.4 Tenant shall not create any openings in the roof or exterior walls, nor make any alterations, additions or improvements to the leased premises without the prior written consent of - 3 - Landlord. Consent for nonstructural alterations, additions or improvements shall not be unreasonably withheld or delayed by Landlord. Redecorating, refurnishing, painting and other nonstructural renovations which do not decrease the value of the building may be made by Tenant with Landlord's consent. Tenant shall have the right at all times to erect or install fixtures,provided that Tenant complies with all applicable governmental laws, ordinances and regulations. Tenant shall have the right to remove prior to termination of this Lease such fixtures so installed,provided Tenant is not in default under any of the terms, covenants or conditions of this Lease; however, tenant shall,not later than five(5)days after the termination of this Lease,repair any damage caused by such removal. All alterations,additions or improvements made by Tenant,which are not actually removed from the leased premises by Tenant,under the provisions of the preceding paragraph,shall become the property of Landlord at the termination of this Lease. 5.5 Tenant shall have the right to install any signs on the leased premises; however, Tenant shall be wholly responsible for any and all direct or consequential damage caused by the placement,erection or removal of such signs. Tenant shall remove all signs at the termination of this Lease and shall repair any damage and close any holes caused by such removal. 5.6 Landlord shall not be liable to Tenant for losses to person or property caused by other Tenants or by theft,burglary, assault, vandalism or other crimes. Landlord shall not be liable for personal injury or for damages to or loss of Tenant's personal property from fire, flood water, leaks or other occurrences, unless such damage or injury is caused by negligence of Landlord. 5.7 Either party may cancel this contract after the initial three-year term by giving to the other party ninety(90)days notice of said termination in writing. Any obligation to pay rent under this lease will also terminate with such cancellation. Tenant shall within said ninety(90)days vacate -4 - the space and remove all of Tenant's property therefrom. Any property belonging to Tenant not removed within said ninety(90) day period shall become the property of the Landlord. ARTICLE 6. MISCELLANEOUS 6.1 No amendment, modification or alteration of the terms of this agreement shall be binding unless made in writing,dated after the execution date of this agreement and duly signed by the Landlord and Tenant. 6.2 Should Tenant hold over on the leased premises, or any part thereof, after the expiration of the initial term of this Lease or any extension thereof with the permission of Landlord, unless otherwise agreed in writing,such holding over shall constitute and be construed as a tenancy from month to month only. Rent for such month to month tenancy shall be at a monthly rate of Twelve Hundred Seventy-Six Dollars($1,276.00),payable in advance on the first(1 st)day of each calendar month during the term of such month to month tenancy. The inclusion of Section 6.2 shall not be construed as Landlord's consent for Tenant to hold over. 6.3 Notwithstanding anything contained in this Lease 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 lease payments due under this Lease, Tenant will immediately notify Landlord in writing of such occurrence and this Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Tenant. - 5 - EXECUTED, this the day of , 2001. LANDLORD: TENANT: C. L. SHERMAN AND SONS CITY OF BEAUMONT LUMBER DEALERS, INC. C. L. Sherman,Jr. Stephen J. Bonczek, City Manager - 6 -