HomeMy WebLinkAboutRES 02-210 RESOLUTION NO. 02-210
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 renewal of a lease
agreement with Bar C Ranch Company at a monthly rental fee of$1,670 commencing on
October 1, 2002 and ending on September 30, 2005 for office space for the Southeast
Texas Auto Theft Task Force. The contract is substantially in the form attached hereto as
Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 10th day
of September, 2002.
- Mayor Evelyn M. Lord -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AGREEMENT
This is a Lease Agreement made and entered into this day of 2002
by and between Bar C Ranch Company,a Texas Corporation,herein referred to as"LANDLORD"
and City of Beaumont/Southeast Texas Auto Theft Task Force,herein referred to as"TENANT."
ARTICLE I
Section 1.01 Lease Premises
(a) Landlord hereby leases and demises to the Tenant, and the Tenant hereby takes and leases
from the Landlord,subj ect to the terms and conditions hereof,warehouse and office space consisting
of approximately Three Thousand Nine Hundred(3,900)square feet located at 2430 West Cardinal
Drive, Suite C, as shown on the plat attached as Exhibit "A" (herein referred to as the "Leased
Premises"or the"Demised Premises").
(b) During the term of this Lease the Tenant shall have the non-exclusive right to use with others
the parking area and access driveways serving the building in which the Lease Premises are situated,
subject to the Landlord's right to impose reasonable limitations for the purpose of assuring equitable
use by all occupants and their invitees.
Section 1.02 Term
(a) The primary term of this Lease shall be 36 calendar months,plus the partial month,if any,
after the commencement of the lease term.
(b) The Tenant may terminate this Lease at any time by giving at least three(3)months notice
in writing to the Landlord and no rental shall accrue after the effective date of termination.
(c) This Lease shall be automatically renewed from year to year without further notice unless
and until the Tenant shall give notice of termination in accordance with subparagraph b above;
provided that adequate appropriations are available from year to year for payment of rentals, and
provided further that this Lease shall in no event extend beyond September 30,2005.
(d) The term of this Lease and the Tenant's obligation to pay rent hereunder shall commence on
October 1, 2002.
Page 1 of 10
EXHIBIT "A"
ARTICLE II
Section 2.01 Rent
(a) In order to retain the Tenant,Landlord has promised to make certain renovations to the Lease
Premises as shown in Exhibit`B,"totaling approximately$43,100.
(b) During the term of this Lease, with Exception,the Tenant agrees to pay to the Landlord
annual rent in the amount of Twenty Thousand Forty Dollars ($20,040.00) payable in monthly
installments of Sixteen Hundred Seventy Dollars ($1,670.00) each. The first installment shall be
payable on the commencement date of this Lease and on the first day of each month thereafter.
Rental shall be payable at the Landlord's office,2615 Calder,Suite 550,Beaumont,Texas 77702,
or at such other place in Beaumont, Texas, as the Landlord may direct by written notice to the
Tenant.
(c) Exception to the monthly installments of Sixteen Hundred Seventy Dollars($1,670.00)will
be granted by Landlord until such time that construction of the renovations(as listed on the attached
Exhibit`B')is complete, and a Certificate of Substantial Completion is presented to the Tenant.
Until such time,Landlord and Tenant agree that the monthly rental fee due by Tenant will be Eleven
Hundred Seventy Dollars ($1,170.00)per month. Upon receipt of the Certificate of Substantial
Completion, and beginning the .first day of the next month following the date designated on the
Certificate of Substantial Completion,Landlord demands and Tenant agrees to commence paying
the annual rental fee.
(d) Should Landlord not affect the promised renovations to the Lease Premises,Landlord and
Tenant agree that the Tenant will pay to the Landlord annual rent in the amount of Fourteen
Thousand Forty Dollars($14,040.00)payable in monthly installments of Eleven Hundred Seventy
Dollars ($1,170.00). Landlord also understands that should said promised renovations not be
affected,Tenant may attempt to locate premises elsewhere that would more suitably accommodate
their business operations,and upon location of such,may effectively terminate this Lease by giving
the aforementioned three(3)months written notice to Landlord,and no rental shall accrue after the
effective date of termination.
Section 2.02 Taxes,Insurance and Maintenance
(a) Landlord is responsible for all taxes and similar assessments against the land and the building
of which the Leased Premises are a part;and premiums applicable to hazard insurance covering the
building of which the Leased Premises are a part of;and charges for dumpster serving the Leased
Premises.
(b) The interior of the Leased Premises,including but not limited to air conditioning filters,shall
be maintained under normal conditions at the sole cost and expense of the Tenant and kept by the
Tenant in good working condition throughout the term of the Lease. Landlord shall have the right
to enter upon the Lease Premises at reasonable times during business hours for the purpose of
inspecting the premises in order to determine that maintenance is being properly performed.
Page 2 of 10
(c) The foundation,exterior walls,air conditioning equipment and roof of the building in which
the Leased Premises are situated shall be maintained by the Landlord, except for damage thereto
resulting from acts or negligence of the Tenant or Tenant's agents or invitees.
Section 2.03 Utilities at Tenant's Cost
Tenant shall be solely responsible for and promptly pay all charges for heat,water,gas,electricity,
telephone service or sewerage service or any other utility used or consumed in the Leased Premises.
Section 2.04 Landlord Not Responsible for Utilities
In no event shall Landlord be liable for an interruption or failure in the supply of any such utility
services to the Leased Premises to the extent said interruption or failure is not directly attributable
to the negligence of the Landlord.
Section 2.05 Taxes on Personal Property
The Tenant shall be responsible for and shall pay before delinquency all taxes assessed during the
term of this Lease against any leasehold interest or personal property of any kind, owned by or
placed in,upon or about the Lease Premises by the Tenant.
ARTICLE III
Section 3.01 Use of Premises
The Tenant shall use the Lease Premises solely for the purpose of conducting the business of the
detection and administration of stolen vehicles and related items and all related uses,but for no other
purpose or purposes,without first obtaining the written consent of Landlord. Tenant shall promptly
and continuously comply with all laws, orders and regulations of the State, County and City
affecting the use,occupation, safety and cleanliness of the premises and the equipment of Tenant.
Tenant further agrees that during the entire term of this Lease it will remain open for business in a
normal and ordinary fashion,during usual and normal business hours,without interruption,except
during such time as an interruption may be caused by virtue of damages to the premises. No capital
improvement costs are considered to be a part of this Lease Agreement unless specifically agreed
to in writing.
Section 3.02 Assigning and Subletting
Tenant shall not assign this Lease or sublet the Lease'Premises or any part thereof without first
obtaining the written consent of Landlord;and,if Landlord's consent is obtained,such consent shall
not relieve Tenant of its obligations hereunder.
ARTICLE IV
Section 4.01 Loss and Damage
Landlord shall not be liable for any damage to property of Tenant or others located on the Lease
Premises,nor for the loss of or damage to any property of Tenant or of others by theft of others. All
property of Tenant kept or stored on the Lease Premises shall be so kept or stored at the risk of the
Page 3 of 10
Tenant only. Landlord shall not be liable for any injury to persons resulting from any occurrence
in,on,or arising out of the Lease Premises,unless caused by the acts of negligence of Landlord,its
agents,employees or subcontractors.
Section 4.02 Legal Fees
The prevailing party shall also pay all costs, expense and reasonable attorney's fees that may be
incurred or paid by Landlord in successfully enforcing the covenants and agreements in this Lease.
Section 4.03 Liability Insurance
Tenant is self-insured as to all liability and maintains an adequate self-insurance fund to pay such
claims. As to liability claims resulting from the negligence of Tenant,Tenant will pay such claims
and protect Landlord from such claims.
ARTICLE V
Section 5.01 Notices of Damages
In the event the Lease Premises shall be damaged by fire, explosion, or any other type casualty,
Tenant shall immediately give notice thereof to the Landlord.
Section 5.02 Damage From Insured Hazard
If the damage is the result of a hazard covered by insurance, then the Landlord shall repair any
damage restoring the Lease Premises,whereupon the Landlord shall be entitled to retain all hazard
insurance. If the damage is caused by a non-insured hazard during the term of this Lease,then the
Landlord shall have the election of terminating the Lease,or of repairing the damage,whereupon
the Lease shall remain in full force and effect. During such time as the Lease Premises are
untenantable by virtue of damage,rent shall be abated.
Section 5.03 Total Condemnation
Ifthe whole ofthe Lease Premises shall be acquired or condemned by eminent domain,then the term
of this Lease shall cease and terminate as of the date that title shall be divested of the Landlord,and
all rentals(including taxes and insurance)shall be paid to that date,and Tenant shall have no claim
against the Landlord for the value of any unexpired term of this Lease.
Section 5.04 Partial Condemnation
If any part of the Lease Premises shall be acquired or condemned by eminent domain for any public
or quasi-public use or purpose,and in the event that such partial taking or condemnation shall render
the Lease Premises unsuitable for the business of the Tenant,then the term of this Lease shall cease
and terminate as of the date of title vesting in such proceeding, and Tenant shall have no claim
against Landlord for the value of any unexpired term of this Lese. In the event of a partial taking
or condemnation which is not extensive enough to render the premises unsuitable for the business
of the Tenant,then Landlord may,at its option,promptly make all necessary repairs and alterations
necessary to put that portion of the Lease Premises in a condition comparable to its condition at the
time of such condemnation less the portion lost in the taking, and in which event the terns and
Page 4 of 10
conditions of this Lease shall continue in full force and effect,except for adjustments to the rental
reflecting actual changes in-square footage of the premises.
Section 5.05 Damages
In the event of any condemnation or taking by eminent domain as herein before provided,whether
whole or partial, the Tenant hereby expressly waives any right or claim to any part thereof.
Although all damages in the event of any condemnation are to belong to the Landlord,whether such
damages are awarded as compensation for diminution in value of the leasehold or to the fee of the
Lease Premises,Tenant shall have the right to claim and recover from the condemning authority,but
not the Landlord, such compensation as may be separately awarded or recoverable by Tenant in
Tenant's own right, on account of any and all damage to Tenant's business by reason of the
condemnation and for or on account of,any cost or loss to which Tenant might be put in removing
Tenant's merchandise, furniture, fixtures,leasehold improvements and equipment.
ARTICLE VI
Section 6.01 Quiet Enjoyment
Upon paymentby the Tenant ofthe rents hereinprovided,and upon the observance andperformance
of all covenants,terms and conditions on Tenant's part to be observed and performed,Tenant shall
peaceably and quietly hold and enjoy the Lease Premises for the term hereby demised without
hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming
by,through or under the Landlord,subject,nevertheless,to the terms and conditions of this Lease.
Section 6.02 Holding Over
In the event Tenant remains in possession of the Lease Premises after the expiration of this Lease
and without the execution of a new lease,it shall be deemed to be occupying said premises as tenant
from month-to-month at a rental equal to the rental herein provided and otherwise subject to all the
conditions,provisions and obligations of this Lease insofar as the same are applicable to a month-to-
month tenancy, subject to Landlord's right to increase rental as provided under the provisions of
Texas law applicable to a month-to-month tenancy.
Section 6.03 Alterations,Etc.,by Tenant
Tenant shall not make any structural alterations,additions or improvements to the Lease Premises
without the prior written consent of Landlord, except the installation of unattached movable trade
fixtures which may be made or installed without drilling,cutting or otherwise defacing the Lease
Premises. All permanent alterations,additions,improvements and fixtures(other than unattached,
movable trade fixtures) which may be made or installed by either party hereto upon the Lease
Premises, shall remain upon and be surrendered with the premises and become the property of
Landlord at the termination of this Lease. Tenant shall have the right to install,at its own expense,
a sign or signs at the Leased Premises,subject to Landlord's approval as to size,design and general
decor. Any sign shall be the property of the Tenant and must be removed at the end of the tenancy.
Page 5 of 10
Section 6.04 Surrender of Premises
At the expiration of the tenancy herein created, Tenant shall surrender the Lease Premises in the
same condition as the Lease Premises were in upon delivery of possession and completion of
Landlord's construction under this Lease, ordinary wear and tear and damage from the elements
excepted. The foregoing sentence shall be inapplicable to a termination occurring by virtue of
provisions of sections 6.01 or 5.02 hereof. If requested by Landlord, Tenant shall remove all its
trade fixtures, and any non-permanent alterations or improvements before surrendering the Lease
Premises,and shall repair any damage to the Lease Premises caused thereby. Tenant's obligation
to observe or perform this covenant shall survive the expiration or other termination of the term of
this Lease.
ARTICLE VII
Section 7.01 Offset Statement
Within ten days after request therefor by Landlord,or upon any sale,assignment or hypothecation
of the Lease Premises by Landlord, if an offset statement shall be required from Tenant, Tenant
agrees to deliver in recordable form a certificate to any proposed mortgagee or purchaser, or to
Landlord,certifying(if such be the case)that this Lease is in full force and effect and that there are
no defenses or offsets thereto,or stating those claimed by Tenant.
Section 7.02 Attornment
Tenant shall, in the event any proceedings are brought for the foreclosure of, or in the event of
exercise of the power of sale under any mortgage made by the Landlord covering the Lease
Premises,attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as
the Landlord under this Lease.
Section 7.03 Subordination
It is agreed that the right and interest of Tenant under this Lease shall be subject and subordinate to
any mortgages or deeds of trust that may hereafter be placed upon the Lease Premises,and to any
and all advances to be made thereunder,and to the interest thereon,and all renewals,modifications,
replacements and extensions thereof,if the mortgage or trustee named in said mortgages or deeds
of trust shall elect by written notice delivered to Tenant to subject and subordinate the right and
interest of the Tenant under this Lease to the lien of its mortgage or deed of trust and shall agree to
recognize this Lease of Tenant in the event of foreclosure if Tenant is not in default; but any
mortgage or trustee may elect to give the rights and interest of the Tenant under this Lease priority
over the lien of its mortgage or deed of trust. In the event of either such election, and upon
notification by such mortgagee or trustee to Tenant to that effect,the rights and interest of the Tenant
under this Lease shall be deemed to be subordinate to,or to have priority over,as the case may be,
the lien of said mortgage or deed of trust,whether this Lease is dated prior to or subsequent to the
date of said mortgage or deed of trust. Tenant shall execute and deliver whatever instruments may
be required for such purposes, and in the event Tenant fails to do so within ten (10) days after
demand in writing, Tenant does hereby make, constitute and irrevocably appoint Landlord as its
attorney in fact and in its name,place and stead to do so.
Page 6 of 10
Section 7.04 Short Form Lease
Landlord and Tenant each agree that at the request of either they will,following the commencement
of the term of this Lease, execute and deliver a recordable short-form lease containing the basic
provisions of this Lease, acknowledging that Tenant has accepted possession and this Lease is
operative, and reciting the exact commencement date and termination date of this Lease.
ARTICLE VIII
Section 8.01 Waste or Nuisance
Tenant shall not commit or suffer to be committed any waste upon the Lease Premises or any
nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant of Landlord
in the proximity of the Lease Premises.
Section 8.02 Governmental Regulations
Tenant shall,at Tenant's sole cost and expense,comply with all requirements and regulations of all
county, municipal, state, federal and other applicable governmental authorities, now in force or
which may hereafter be in force to the extent that the conditions of this Lease are not changed,
pertaining to the said premises,and shall faithfully observe in the use of the premises all municipal
and county ordinances and state and federal statutes now in force or which may hereafterbe in force.
ARTICLE IX
Section 9.01 Acts of Default
Any of the following shall constitute an event of default by the Tenant:
(a) Failure of Tenant to pay all rental and other charges due hereunder within 15 days after same
shall become due; or
(b) Failure by Tenant to perform any of the other terms,conditions,covenants or obligations of
Tenant under this Lease, if such failure shall continue for more than 30 days after written notice
thereof shall have been given by the Landlord to the Tenant;provided,however,that if each failure
cannot be reasonably cured within thirty (30) days, Tenant shall not be in default if Tenant
commences to cure such failure within the thirty(30)day period and in good faith continues to cure
each failure;or
(c) The Tenant becoming bankrupt or insolvent,or filing any debtorproceedings,or seeking any
type of debtor relief,or the filing against the Tenant in any court pursuant to any statute either of the
United States or of any other state a petition in bankruptcy or insolvency or for an arrangement or
for the appointment of a receiver or trustee for all or a portion of Tenant's property, or Tenant
making an assignment for the benefit of creditors,or petitioning for or entering into an arrangement
with respect to its creditors; or
(d) Abandonment of the Lease Premises by the Tenant; or
Page 7 of 10
(e) Any act or omission by the Tenant which creates or purports to create a lien upon the Lease
Premises.
Nothing herein shall preclude Tenant's right to seek an equitable recovery for any default by
Landlord of any provisions of this Lease.
Section 9.02 Landlord's Remedies
(a) Upon a default by Tenant,the Landlord shall have the right to re-enter and take possession
of the Lease Premises. Should Landlord elect to re-enter, as herein provided, or should it take
possession pursuant to legal proceedings or pursuant to any notice provided for by law,it may either
terminate this Lease or it may from time to time without terminating this Lease, make such
alterations and repairs as may be necessary in order to re-let the premises,and re-let said premises
or any part thereof for such term or terms(which may be for a term extending beyond the term of
this Lease)and at such rental or rentals and upon such other terms and conditions as Landlord in its
sole discretion may deem advisable;upon each such re-letting the rentals shall be applied,first,to
the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second,
to the payment of any costs and expenses of such re-letting,including brokerage fees and attorney's
fees and costs of such alterations and repairs;third,to the payment ofrent due and unpaid hereunder,
and the residue,if any,shall be held by Landlord and applied in payment of future rent as the same
may become due and payable hereunder. If such rentals received from such re-letting during any
month be less than that to be paid during the month by Tenant hereunder,Tenant shall pay any such
deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or
taking possession of said premises by Landlord shall be construed as an election on its part to
terminate this Lease unless the termination thereof be decreed by a court of competent jurisdiction.
(b) Notwithstanding any such re-letting without termination,Landlord may at any time thereafter
elect to terminate this Lease for such previous breach,in addition to any other remedies it may have,
and it may recover from Tenant all damages it may incur by reason of such breach,including the cost
of recovering the Lease Premises,reasonable attorney's fees,and including the worth at the time of
such termination of the excess,if any,of the amount of rent and charges equivalent to rent reserved
in this Lease for the remainder of the stated term over the then reasonable rental value of the Lease
Premises for the remainder of the stated term, all of which amounts shall be immediately due and
payable from Tenant to Landlord.
Section 9.03 Additional Remedies
In case suit shall be brought for recovery of possession of the Lease Premises,for the recovery of
rent or any other amount due under the provisions of this Lease, or because of the breach of any
other covenant herein contained on the part of Tenant to be kept or performed,and a breach shall be
established, Tenant shall pay to Landlord all expenses incurred therefor, including a reasonable
attorney's fee. Any and all actions as may be brought under this Lease shall be brought in Jefferson
County,Texas.
Page 8 of 10
ARTICLE X
Section 10.01 Waiver
One or more waivers of any covenant,term or condition of this Lease by either party shall not be
construed as a waiver of a subsequent breach of the same covenant,term or condition. The consent
or approval by either party to,or any act by the other party requiring such consent or approval,shall
not be deemed to waive or render unnecessary consent to,or approval of,any subsequent similar act.
Waiver by Landlord of any covenant, term or condition of leases with other tenants of the Lease
Premises, or failure of Landlord to require of any other tenant of the Lease Premises to undertake
orperform obligations hereunder or other similar obligations,shall not be deemed a waiver or failure
as to any other person or party.
Section 10.02 Accord and Satisfaction
No payment by Tenant or receipt by Landlord or a lesser amount than the rent herein stipulated shall
be deemed to be other than on account of the earliest stipulated rent,nor shall any endorsement or
statement on any check or any letter accompanying any check or payment as rent be deemed an
accord and satisfaction, and Landlord may accept such check or payment without prejudice to
Landlord's right to recover the balance of such rent or pursue any other remedy provided in this
Lease.
Section 10.03 Notice
Any written notice under this Lease shall be by certified or registered prepaid mail or delivered in
person and,
(a) if intended for the Landlord, addressed or delivered to Landlord at 2615 Calder,Suite 550,
Beaumont, Texas 77702, or at some other address in the U.S.A. as Landlord may designate by
written notice; and
(b) if intended for the Tenant, addressed or delivered to Tenant at the City of Beaumont,P. O.
Box 3827,Beaumont,Texas 77704,or at some other address in the U.S.A.as Tenant may designate
by written notice.
Section 10.04 Landlord's Successors-in-Interest
This provision of this Lease shall inure to the benefit of the Landlord and its assigns and shall be
binding upon the Tenant and its assigns;and the provisions of this agreement shall be binding upon
the Landlord only with respect to breaches occurring during the period of ownership of the Lease
Premises by the Landlord and upon the successors-in-interest of the Landlord only during the period
of ownership by such successors-in-interest of the Landlord.
ARTICLE XI
Section 11.01 Miscellaneous Provisions
This Lease shall be of no force and effect until duly executed by authorized representatives ofboth
Page 9 of 10
parties and delivered in fully executed form to each parry.
Tenant shall store and promptly and property dispose of any waste oil,antifreeze or gasolines in an
environmentally safe manner and shall not cause any pollution or nuisance about the premises.
ARTICLE XII
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.
EXECUTED in multiple counterparts, each of which shall be deemed an original.
LANDLORD: TENANT
Bar C Ranch Company City of Beaumont/
Southeast Texas Auto Theft Task Force
By: By:
W. E. Wilson, Jr., President Kyle Hayes, City Manager
Page 10 of 10
EXHIBIT "All
30 bldg&
e
i
1
f
-2440
1
b
Y •
EXHIBIT 11B-1n
PROPOSAL,' --7j
610 JEFFERSON KAUMONT, 'TEXAS 77701 • TELEPHONE 409 1832-9767 • FAX 4091832-9764
Date:August 5,2002
Submitted t0:Wilson Realty
Address:2616 Calder-Beaumont,TX 77702
Attn:'Mr,Bill Wilson
Job Name,Renovations to Southeast Texas Auto Theft Task Force
Location:2430 W.Cardinal Drive,Suite C-Beaumont,TX
complete the tooUpoing furnish
phases of work:materials,taxes,tools,insurance,and incidentals required to
f. Partitions and deck to form new offroe area,Including renovation to 2 restr+oome
to meet ADA requirements,and new wall at reception with window and door.
Finishes in office include acoustical Ming and sheet vinyl floor to Match existing.
Ail walls and calling to insulate In new office area.Price includes Texas state
and local sates tax.
Total far above$16,627.00
2. Install 12'x IV steel sectional overhead door in new opening.adjacent to existing
overhead door,including concrete ramp from building to existing paving.
Price includes Texas state and local sales taut.
Total for above$2,17T.00
3. Plumbing to Include 2 lavatories,and 2 water closets to meet ADA requirements.
Price Includes Texas state and local sales tax.
Total for above$1.116M
4. HYAC to include new 344 unit for new cAioe area and 2 existing colas. This will
help air condidortkV load on existing units.Price includes Texan state and local sales tax.
Total for above 55,37 7.00
5. Electrical to Include new fluorescent factures and receptacles for new offte area and now
air conditioning unit Relocate light"rev and add receptacles In warehouse.Now
electrical worts requires increasing Am of electrical service and refeeding new and
existing panels. Price indudas Texas state and local sales tax.
Total for above$12,566.00
a. Now fire alarm for entire lease space to meet currant fire code requirements.Price
Includes Texas state and local sales tax.
Total for above$4,757.00
Total for all above Items$43.100.00
Payment to be made as follows:To be agreed on before eomrnences.
OLD �11tt.t3
By,
Signature Igrrat
'Note:This proposal may be withdrawn by us if not amc p wimn Thirty(30)do".
�p Va �� r
COW gG
Nw
h N`ZS`x
,
t�A Ili
a�+H�►3no rt�� ,