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HomeMy WebLinkAboutRES 02-060 RESOLUTION NO. 02-060 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a two(2)year lease agreement with the Young Men's Business League(YMBL)for use of the office building located at Fair Park. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BYTHE CITY COUNCIL ofthe Cityof Beaumontthisthe 19th dayof March, 2002. - Mayor David W. Moore - 6 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § COMMERCIAL LEASE The Landlord hereby agrees to lease to the Tenant, and the Tenant hereby agrees to hire and take from the Landlord, the Leased Premises described below pursuant to the terms and conditions specified herein: LANDLORD: The City of Beaumont P. O. Box 3827 Beaumont, Texas 77704-3827 TENANT: The Young Men's Business League of Beaumont, Texas, Inc. P . O. Box 3207 Beaumont, Texas 77704 1. Leased Premises The Leased Premises are those premises described as that certain building known as the YMBL building in Fair Park, Beaumont,Jefferson County,Texas,containing approximately 4,400 square feet. 2. Term The term of the Lease shall be for a period of two (2) years, commencing on April 1, 2002 and ending on March 31,2004, unless sooner terminated as hereinafter provided. If Tenant remains in possession of the Leased Premises with the written consent of the Landlord after the lease expiration date stated above,this Lease will be converted to a month-to-month Lease and each party shall have the right to terminate the Lease by giving at least thirty(30) days' prior written notice to the other party. EXHIBIT "A" 3. Rent The Tenant agrees to pay the ANNUAL RENT of Four Thousand Eight Hundred and no/I 00 Dollars ($4,800.00)payable in equal installments of$400.00 in advance on the first day of each and every calendar month during the full term of this Lease, and any extension thereof. 4. Delivery of Possession If for any reason the Landlord cannot deliver possession of the leased property to the Tenant when the lease term commences,this Lease shall not be void or voidable,nor shall the Landlord be liable to the Tenant for any loss or damage resulting therefrom. However,there shall be an abatement of rent for the period between the commencement of the lease term and the time when the Landlord delivers possession. 5. Use of Leased Premises The Leased Premises may be used only for the following purpose: business offices for the YMBL. 6. Utilities The Tenant shall be responsible for all charges for utilities and other services that are furnished to the Leased Premises. The contract for and connecting of utilities, as well as all services, shall be made by, and only in the name of, the Tenant. 7. Condition of Leased Premises; Maintenance and Repair The Tenant acknowledges that the Leased Premises are in good order and repair. The tenant agrees to take good care of and maintain the Leased Premises in good condition throughout the term of the Lease. The Tenant, at his expense,shall make all necessary repairs and replacements to the Leased Premises,including the repair and replacement of pipes,electrical wiring,heating,air conditioning, and plumbing systems, roof, walls, doors, windows, fixtures and all other systems and appliances -2- and their appurtenances. The quality and class of all repairs and replacements shall be equal to the original worth. If Tenant defaults in making such repairs or replacements,Landlord may make them for Tenant's account, and such expenses will be considered additional rent. Tenant shall be responsible for all janitorial services on the Leased Premises. The Landlord will not be responsible for any cost or expense associated with the Leased Premises. 8. Compliance with Laws and Regulations Tenant, at its expense, shall promptly comply with all Federal, State, and Municipal laws, orders, and regulations, and with all lawful directives of public officers,which impose any duty upon it or Landlord with respect to the Leased Premises. The Tenant,at its expense, shall obtain all required licenses or permits for the conduct of its business within the terms of this lease, or for the making of repairs, alterations, improvements or additions. 9. Alterations and Improvements Tenant shall not make any alterations, additions or improvements to,nor install any fixtures on,the Leased Premises without Landlord's prior written consent. If such consent is given, all alterations, additions and improvements made, and fixtures installed by Tenant shall become Landlord's property upon the expiration or sooner termination of this Lease. Landlord may, however,require Tenant to remove such fixtures at Tenant's cost, upon the termination hereof. 10. Assign men USubletting Restrictions Tenant may not assign this agreement or sublet the Leased Premises without the prior written consent of the Landlord. Any assignment, sublease, or other purported license to use the Leased Premises by Tenant without the Landlord's consent shall be void and shall (at Landlord's option) terminate this Lease. -3- 11. Insurance Tenant shall, at its expense, during the term hereof, maintain and deliver to Landlord Commercial General Liability and Property Damage insurance policies with respect to the Leased Premises. Such policies shall name the Landlord and Tenant as insureds, and have limit of at least $1,000,000 for injury or death to any one person, $1,000,000 for any one accident, and $50,000 with respect to damage to property. Such policies shall be in whatever form and with such insurance companies as are reasonably satisfactory to Landlord, shall name the Landlord as additional insured, and shall provide for at least ten days' prior notice to Landlord of cancellation. The Tenant shall not permit any use of the Leased Premises which will make voidable any insurance on the property of which the Leased Premises are a part,or on the contents of said property,or which shall be contrary to any law or regulation from time to time established by the applicable fire insurance rating association. 12. Indemnification of Landlord YMBL covenants and agrees to assume the defense of the CITY against all liability, claims, judgements,damages,costs and expenses,or injuries to persons or property arising out of or incident to the occupancy of the premises by YMBL during the term of this lease,and to pay to the CITY any and all court costs,attorney's fees or awards,and any other expense in connection with suits for such damage or injuries. 13. Condemnation If all or any part of the Leased Premises is taken by eminent domain, this lease shall expire on the date of such taking, and the rent shall be apportioned as of that date. No part of any award shall belong to Tenant. -4- 14. Destruction of Premises If the building in which the Leased Premises is located is damaged by fire or other casualty,and the damage is so extensive as to effectively constitute a total destruction of the property or building,this Lease shall terminate and the rent shall be apportioned to the time of the damage. In all other cases of damage,Tenant shall repair the damage with reasonable dispatch,and if the damage has rendered the Leased Premises wholly or partially untenantable,the rent shall be apportioned until the damage is repaired. In determining what constitutes reasonable dispatch, consideration shall be given to delays caused by strikes, adjustment of insurance and other causes beyond the Tenant's control. 15. Landlord's Rights upon Default In the event of any breach of this lease by the Tenant,which shall not have been cured within TEN (10)DAYS,after written notice to Tenant,then the Landlord,besides other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Leased Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of,and for the account of,the Tenant. If the Landlord elects to re-enter as herein provided, or should it take possession pursuant to any notice provided for by law,it may either terminate this Lease or may, from time to time, without terminating this lease, re-let the Leased Premises or any part thereof, for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord, in Landlord's own discretion, may deem advisable. Should rentals received from such re-letting during any month be less than that agreed to be paid during the month by the Tenant hereunder,the Tenant shall pay such deficiency to the Landlord monthly. The Tenant shall also pay to the Landlord,as soon as ascertained,the cost and expenses incurred by the Landlord in such re-letting. -5- 16. Quiet Enjoyment The Landlord agrees that if the Tenant shall pay the rent as aforesaid and perform the covenants and agreements herein contained on its part to be performed,the Tenant shall peaceably hold and enjoy the said rented without hindrance or interruption by the Landlord,or by any other person or persons acting under or through the Landlord. 17. Landlord's Right to Enter Landlord may, at reasonable times, enter the Leased Premises to inspect it, to make repairs or alterations, and to show it to potential buyers, lenders or tenants. 18. Surrender Upon Termination At the expiration of the lease term, the Tenant shall surrender the leased property in as good condition as it was in at the beginning of the term,reasonable use and wear excepted. 19. Subordination This lease, and the Tenant's leasehold interest, is and shall be subordinate, subject and inferior to any and all liens and encumbrances now and thereafter placed on the Leased Premises by Landlord, and all extensions of such liens and encumbrances, and all advances paid under such liens and encumbrances. 20. Additional Provisions Upon thirty(30)days' notice prior to the end of this lease,Tenant may request an additional lease term of five(5) years, subject to Landlord's approval. 21. Miscellaneous Terms (i) Notices. Any notice, statement,demand or other communication by one party to the other shall be given by personal delivery or by mailing the same,postage prepaid, addressed to the Tenant at -6- the premises, or to the Landlord at the address set forth above. (ii) Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law,it shall not affect the validity of any other clause or provision, which shall remain in full force and effect. (iii) Waiver. The failure of either party to enforce any of the provisions of this lease shall not be considered a waiver of that provision, or the right of the party to thereafter enforce the provision. (iv) Complete Agreement. This Lease constitutes the entire understanding of the parties with respect to the subject matter hereof and may not be modified except by an instrument in writing signed by the parties. (v) Successors. This Lease is binding on all parties who lawfully succeed to the rights or take the place of the Landlord or Tenant. IN WITNESS WHEREOF the parties have set their hands and seals on this day of , 2002. LANDLORD: TENANT: BY: BY: STEPHEN J. BONCZEK KENT FULLER CITY MANAGER PRESIDENT, YMBL -7-