Loading...
HomeMy WebLinkAboutRES 99-093 RESOLUTION NO. 9 - ' 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 contract for space allocation with the Beaumont Association for Senior Citizens for a term of three (3) years in consideration for a nominal Three Dollar ($3.00) rental payment. The contract is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON CONTRACT FOR SPACE ALLOCATION This Contract for Space Allocation is made and entered into this day of , 1999, by and between the City of Beaumont, a municipal corporation organized under the laws of the State of Texas located and domiciled in Jefferson County, Texas, hereinafter referred to as "City", and Beaumont Association for Senior Citizens, hereinafter referred to as "BASC". RECITALS The City is the sole owner of the premises described below, and desires to allocate space to BASC for the purpose of a daily activity center for Senior Citizens. The parties desire to enter into a contract defining their rights, duties, and liabilities relating to the space. In consideration of the mutual covenants and agreements herein set forth, and the benefit to the Senior Citizens of Beaumont, BASC agrees to pay the City as rent for said space the sum of One Dollar ($1.00) per year in advance, at the City Hall in Beaumont, Texas. City does hereby demise and allocate to BASC and BASC does hereby rent from the City, Four Thousand Seven Hundred Sixty-Eight (4,768) square feet, more or less, of space located in the North Wing of the "Best Years Senior Center" located at 780 South Fourth Street, Beaumont, Texas, and more particularly described by the shaded area in the floor plan attached as Exhibit "A" hereto and hereinafter called the "allocated space". EXHIBIT "A" 1. The term of this contract shall be for three (3) years commencing on April 1, 1999, and ending March 31, 2002, unless sooner terminated as herein provided. 2. It is understood and agreed between the parties hereto that the BASC will use the allocated space only for Senior Citizen Activity Programs to include, but not limited to, hot meals, arts and crafts, exercises, dances, recreational games, and other similar activities, unless the City has given BASC prior written consent for a different use. In connection with its use of and activities in and about the allocated space and the building, BASC, at its expense, will comply and will cause its employees, agents, and invitees to comply with all applicable laws and ordinances, and with all applicable rules and regulations of governmental agencies, and BASC will conduct itself and cause its employees, agents, and invitees to conduct themselves with full regard for the rights, convenience and welfare of all other tenants in the building. Provided BASC has performed all of the terms, covenants, agreements, and conditions of this contract, including the payment of rent, to be performed by BASC, BASC shall peaceably and quietly hold and enjoy the space for the term hereof, without hindrance from the City, subject to the terms and conditions of this Contract. 3. 3.01 BASC acknowledges that its acceptance of possession of the allocated space constitutes a conclusive admission that it has inspected the allocated space and has found it in good condition and repair. — 2 — 3.02 BASC shall perform usual janitorial and maintenance service including the sweeping and waxing of floors and the cleaning of windows. Replacement of light bulbs or fluorescent tubes in the standard lighting fixtures installed in the building will be performed by the City, as general building maintenance. BASC shall also maintain and keep the public and common areas of the Building, such as lobbies, stairs, corridors, and restrooms in good order and condition. 3.03 The purchase of janitorial supplies will be the responsibility of the BASC, and will be included as part of the BASC's usual janitorial maintenance service. Utilities will be provided by the City, with the exception of telephone service, which will be the responsibility of the BASC. 3.04 If disposal needs should necessitate the acquisition of a separate dumpster for the Association, BASC, within thirty (30) days after receipt of written notice from the City, agrees to acquire said dumpster, and be responsible for all expenditures related to solid waste collection for the Association. 3.05 If the Parks and Recreation Director or his designee should deem necessary the purchase of toilet tissue paper, and roll paper towels for the exclusive use of the BASC, BASC within thirty (30) days from the City's written notice will comply with such purchase requirement. 4. 4.01 BASC shall be liable for all taxes levied or assessed against personal property, furniture, or fixtures placed by BASC in the space. 4.02 BASC shall not make any alteration, additions, or improvements to the — 3 — allocated space without the prior written consent of the City. Consent for nonstructural alterations, additions, or improvements shall not be unreasonably withheld by the City. BASC shall have the right at all times to erect or install furniture and fixtures, provided that BASC complies with all applicable governmental laws, ordinances and regulations at the termination of this contract. BASC shall have the right to remove such items so installed, provided BASC is not in default; however, BASC shall, prior to the termination of this contract, repair any damage caused by such removal. 4.03 The City or its officers, agents, and representatives shall have the right to enter into and upon any and all parts of the allocated space at all reasonable hours to inspect same, make repairs, alterations or additions as the City may deem necessary (but without any obligation to do so, except as expressly provided for herein). 5. BASC shall carry a policy of comprehensive general liability insurance with a company acceptable to the City, naming the City as an additional insured in the sum of Five Hundred Thousand Dollars ($500,000.00)combined single limit during the entire term of the contract. The original policy shall be filed with the City Clerk of the City of Beaumont. 6. BASC agrees to indemnify and hold the City harmless from and against any and all claims, demands, suits, damages, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of BASC's business or its use of the allocated space or from any breach on the part of BASC of any conditions —4 — of this contract, or from any act or negligence of BASC, its agents, contractors, employees, subtenants, guests or invitees in or about the allocated space and specifically including negligence by the City. In case of any action or proceeding brought against the City by reason of any such claim, BASC, upon notice from the City, covenants to defend such action or proceeding by counsel acceptable to the City. 7. BASC shall not assign or sublet the allocated space or any part thereof without the written permission of the City Manager of the City of Beaumont. 8. 8.01 The City may terminate this contract in the event the allocated space is abandoned or vacated by BASC during the term of this contract. In such circumstance, the City shall have the right to re-enter and repossess the demised space by force, and to dispossess and remove therefrom all occupants and their effects, without being liable for any prosecution therefor, and to hold the space as if this contract had not been made. 8.02 BASC hereby waives all rights and notice to quit or intention to re-enter the space under the provisions of any statute of the State of Texas, or of this contract, in the event of any abandonment of the allocated space. 9. BASC shall, on the last day of the term or on earlier termination and forfeiture of the contract, peaceably and quietly surrender and deliver the allocated space to the City free of subtenancies, including all buildings, additions, and improvements constructed or placed thereon by BASC, except movable trade fixtures, all in good condition and repair. Any 5 - trade fixtures or personal property not used in connection with the operation of the allocated space and belonging to BASC, if not removed at the termination or default, and if the City so elects, shall be deemed abandoned and become the property of the City without any payment or offset therefor. BASC shall repair and restore all damage to the allocated space caused by the removal of equipment, trade fixtures, and personal property. 10. Should BASC hold over the space, or any part thereof, after the expiration of the term of this contract, 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 the City's consent for BASC to hold over. 11. This contract contains the entire agreement between the parties and cannot be changed or terminated except by written instrument subsequently executed by the parties hereto. This contract and the terms and conditions hereof apply to and are binding upon the heirs, legal representatives, successors, and assigns of both parties. 12. This contract shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Jefferson County, Texas. 13. Either party may cancel this contract by giving to the other party sixty (60) days notice of said termination in writing. BASC shall within said sixty (60) days vacate the — 6 — space and remove all of BASC's property therefrom. Any property belonging to BASC not removed within said sixty (60) day period shall become the property of the City. 14. All notices provided to be given under this contract shall be given by certified mail or registered mail, addressed to the proper party at the following addresses: City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 Beaumont Association for Senior Citizens 780 South Fourth Street Beaumont, Texas 77701 IN WITNESS WHEREOF, the undersigned the City and BASC hereto execute this contract as of the date and year first above written. THE CITY OF BEAUMONT BY: RAY A. RILEY, CITY MANAGER BEAUMONT ASSOCIATION FOR SENIOR CITIZENS BY: MYRNA R. ELLSWORTH, ADMINISTRATOR -- 7 — BEST YEARS SENIOR CENTER �77�ALLOCATED SPACE FOR BASC , - -rn _ ��_� ►�-_-__ 7 . I •I'll'• �;-�. .:I 4th St.