HomeMy WebLinkAboutRES 99-163 RESOLUTION NO. g q- 163
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby authorized to execute an agreement with
Randolph J. Ney to lease property known as Lots 404 through 408 inclusive, Lots 410 and
411, and Lots 413 through 415 inclusive, of Block 57 of the Beaumont Townsite
Subdivision, 790-796 Park Street as shown on Exhibit "A" in exchange for the extended
use of the Municipal Court Building's third floor vault until December 31, 2004. The
agreement is substantially in the form attached hereto as Exhibit "B."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the yr day of
, 1999.
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EXHIBIT 'B'
STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE
WHEREAS, Randolph J. Ney and the Boston Store Dry Goods Company, a
Delaware corporation (Ney), in a deed dated June 1, 1996, sold certain property to the City
of Beaumont, Texas (City), by special warranty deed, said deed attached hereto as Exhibit
"A" and made a part hereof for all purposes; and
WHEREAS, Ney, in said deed, retained a right of ingress and egress, access
to and a license to use a vault on the third floor of the building located on the property
transferred in said deed, said right to use the vault will expire June 1, 2001; and
WHEREAS, Ney desires to extend their use of said vault until December 31,
2004; and in consideration thereof agrees through the Ney S-Trust(Lessor)to lease to City
(Lessee) Lots 404 through 408 inclusive, Lots 410 and 411, and Lots 413 through 415
inclusive of Block 57 of the Beaumont Townsite Subdivision, 790-796 Park Street
(Premises).
IN WITNESS THEREOF, the parties agree as follows:
1. Lessor hereby leases the Premises to Lessee and Lessee hereby
agrees to accept said lease.
2. The term of this lease is from the date of its execution until December
31, 2004.
3. As consideration for this lease, Lessee agrees to allow Ney a
continued use of the vault area on the third floor of the former White House building now
known as the Municipal Court Building located at 720 Orleans Street, Beaumont, Texas.
EXHIBIT "B$$
4. Ney's access and use of the vault will be under the same terms and
conditions as set out for the Grantor in Exhibit °A," except access to the vault area on the
third floor of the former White House building is limited to those days and hours that the
Municipal Court is open to the public.
5. Lessee will be responsible for all maintenance of the Premises and
any liability associated with the use of the Premises.
6. Lessor hereby grants to Lessee the right of first refusal on the sale of
any or all portion(s)of the Premises. If, during the term of this lease, Lessor desires to sell
so much of the Premises, that in the opinion of Lessee the effective use of the parking lot
is affected, and Lessee elects not to exercise its option, such portion of the Premises may
be sold by Lessor upon the condition that Lessor ceases to use the vault and remove all
of its property from Grantee/Lessee's building effective upon the date of sale of the
Premises. If the proposed sale, in the opinion of Lessee, does not unduly affect the use
of the parking lot, Lessor may sell the property without affecting this lease.
7. Lessor shall be responsible for the payment of all taxes associated
with the Premises. Lessee may make any improvements deemed necessary by Lessee,
including removal of existing fences or structures on the Premises. Upon any termination
of this lease, Lessee shall have the right, at its option, to remove all improvements made
by Lessee from the Premises.
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EXECUTED this day of ' 1999.
CITY OF BEAUMONT
By:
NEY S-TRUST
By:
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