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HomeMy WebLinkAboutRES 99-349 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to renew a five-(5) year lease agreement with Southeast Texas Community Development Corporation, Inc. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the At day of 1999. - Mayor - LEASE AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON This lease is made and executed on the day of November 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, herein referred to as Lessor, and Southeast Texas Community Development Corporation, Inc., a non-profit corporation organized under the non-profit laws of the State of Texas, having its principal place of business in the City of Beaumont, County of Jefferson, State of Texas, herein referred to as Lessee. In consideration of the mutual covenants contained herein, the parties agree as follows: I. Lessor leases to Lessee the premises located at 1190 Grand Street,City of Beaumont.County of Jefferson,State of Texas,as described more particularly in Exhibit"A", attached hereto and made a part hereof. II. The term of this lease is five (5) years, beginning December 1, 1999 and terminating at twelve o'clock,p.m.,on the day before the fifth(5th) anniversary date of the lease unless terminated as hereinafter provided. III. The total rent under this lease is Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged. EXHIBIT "A" IV. The premises are to be used for the purpose of providing various non-profit services to low and moderate income families of the City of Beaumont. These services include operation of a center for empowering individuals, families, neighborhoods and communities with career education and job placement, business development, acquisition and rehabilitation of affordable housing, revitalizing communities through the elimination of blight and creating tax revenue. Lessee shall restrict its use to such purposes, and shall not use or permit the use of the premises for any other purpose without the written consent of Lessor, or Lessor's authorized agent. Lessee must conduct its business on the premises in a safe and sanitary manner at all times. V. Lessee shall not use the premises in any manner that will increase risks covered by insurance on the premises and result in an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of Lessee's business purposes. Lessee shall not keep, use or sell anything prohibited by any policy of fire insurance covering the premises, and shall comply with all requirements of the insurers applicable to the premises necessary to keep in force the fire and liability insurance. VI. Lessee shall not allow any waste or nuisance on the premises, or use or allow the premises to be used for any unlawful purpose. VII. Lessee shall arrange and pay for all utilities furnished to the premises for the term of this lease, including electricity, gas, water, sewer, garbage and telephone services. All grounds maintenance activities shall be the responsibility of the Lessee. VIII. Lessee shall,at all times during the lease and at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition all buildings, fixtures, equipment and any improvements, additions and alterations thereto, on the demised premises, and shall use all reasonable precaution to prevent waste, damage or injury to the demised premises. Lessee shall not be permitted to erect a new building or additions, alterations or modifications to the existing buildings without obtaining permission in writing from the Lessor. In the event Lessee is granted such permission, Lessee agrees that all such additions, alterations or modifications shall become the property of Lessor at the time of such addition, alteration or modification. IX. Acceptance of the premises by Lessee shall be construed as recognition that the premises are in a good state of repair and in sanitary condition. Lessee shall surrender the premises at the end of the lease term, or any renewal thereof,or if terminated before the end of the term or any renewal, in the same condition as when Lessee took possession, allowing for reasonable use and wear, and damage by acts of God, including fires and storms. Before surrender, Lessee shall remo-e all business signs placed on the premises by Lessee and restore the portion of the premises on which they were placed in the same condition as when received. X. Partial destruction of the leased premises shall not render this lease void or voidable, nor terminate it except as herein provided. If the premises are partially destroyed during the term of this lease,Lessee shall repair them when such repairs can be made in conformity with governmental laws and regulations within 180 days of the partial destruction. Written notice of the intention of Lessee to repair shall be given to Lessor within 30 days after any partial destruction. XI. Lessor reserves the right to enter on the premises at reasonable times to inspect them, make additions, alterations or modifications to any part of the building in which the premises are located, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding, fences and similar structures, post relevant notices, and place movable equipment in connection with making alterations, additions or modifications, all without incurring liability to Lessee for disturbance or quiet enjoyment of the premises, or loss of occupation thereof. XII. Lessee shall not construct or place signs, awnings, marquees or other structures projecting from the exterior of the premises without the written consent of Lessor. Lessee shall remove signs, displays, advertisements or decorations it has placed on the premises that, in the opinion of Lessor, are offensive or otherwise objectionable. If Lessee fails to remove such signs, displays, advertisements or decorations within five (5) days after receiving written notice from Lessor to remove them, Lessor reserves the right to enter the premises and remove them at the expense of Lessee. XIII. Lessor shall not be liable for liability or damage claims for injury or death to persons or property from any cause relating to the occupancy of the premises by Lessee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the leased premises during the term of this lease or any extension thereof. The Lessee agrees to indemnify and hold harmless Lessor from any and all claims, causes of action and damages of every kind for injury to or death of any person and damages to property arising out of the occupancy and use of the premises of the operations embraced by this lease, and including acts or omissions of the City of Beaumont in connection therewith. XN. Lessee shall, at its own cost and expense, carry Public Liability and Property Damage Insurance covering operations hazards (and including the Lessee's obligations under the indemnification provision contained in paragraph XIII) with a company acceptable to Lessor with Lessor as a named insured in the sums of Five Hundred Thousand Dollars ($500,000.00) per occurrence and One Million Dollars ($1,000,000.00) in aggregate, and One Hundred Thousand Dollars ($100,000.00)property damage. However, should Lessor determine at any time during the term of this agreement that the above coverage is inadequate, it shall notify Lessee in writing to increase the amount of such insurance so the same shall be adequate. The failure of Lessee to obtain said additional insurance within thirty(30)days of Lessor's request shall constitute a breach of this lease. The certificates of insurance furnished hereunder shall be provided to Lessor prior to occupancy by the Lessee and shall provide that the Lessor be notified thirty (30) days prior to the cancellation of such insurance coverage. XV. Lessee shall not assign or sublease the premises, or any right or privilege connected therewith,without first obtaining the written consent of Lessor. XVI. The appointment of a receiver to take possession of the assets of Lessee, a general assignment for the benefit of the creditors of Lessee, any action taken or allowed to be taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with each and every term and condition of this lease shall constitute a breach of this lease. If Lessee fails to operate as a non-profit corporation, it shall constitute a breach and a default. XVII. Lessor shall have the following remedy in addition to its other rights and remedies in the event Lessee breaches this lease agreement: Pursuant to the authority of Resolution Number 94-32, passed by Beaumont City Council on February 8, 1994, the City Manager executed a contract on February 28, 1994,designating Lessee an authorized Community Housing Resource Organization (CHDO). If for any reason this designation is terminated or revoked,this lease agreement shall terminate on fifteen(15)days written notice to Lessee. This agreement may be terminated by either party upon giving thirty(34)days written notice. Lessor shall have the right to terminate this lease on fifteen (15) days' written notice to Lessee of any matter constituting a default or breach of this lease. The failure of the Lessor to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the Lessor's right to assert or rely upon any such term or right on any future occasion. XVIII. If Lessor files an action to enforce any agreement contained in this lease,or for breach of any covenant or condition, Lessee shall pay Lessor's reasonable attorney's fees for the services of Lessor's attorney in the action, all fees to be fixed by the court. M. Eminent domain proceedings resulting in the condemnation of a part of the premises leased herein,but leaving the remaining premises usable by Lessee for the purposes of this business, will not terminate this lease unless Lessor, at its option, terminates the lease by giving written notice of termination to Lessee. The effect of any condemnation, where the option to terminate is not exercised, will be to terminate the lease as to the portion of the premises condemned, and the lease of the remainder of the demised premises shall remain intact. Lessee hereby assigns and transfers to Lessor any claim he may have to compensation for damages as a result of any condemnation. In witness whereof, the parties have executed this lease on this the day of November 1999. LESSOR: ATTEST: CITY OF BEAUMONT Stephen J. Bonczek, City Manager Barbara Liming, City Clerk LESSEE: ATTEST: SOUTHEAST TEXAS COMMUNITY DEVELOPMENT CORPORATION, INC. Albert J, Price, Sr., President EXHIBIT "A" All buildings and improvements located at Plat X, Tract 28, J. McFaddin Survey of the City of Beaumont, Jefferson County, Texas.