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Home My WebLink AboutRES 03-074 RESOLUTION NO. 03-074 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to renew a lease agreement with the Beaumont Art League to utilize space at Fair Park for a five (5)year term commencing on April 1, 2003, and ending on March 31 , 2008. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of April, 2003. - Ma 4r- Evelyn M. Lord - THE STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT THIS LEASE CONTRACT, dated April 1, 2003,by and between the City of Beaumont, a municipal corporation of Jefferson County,Texas,acting herein by and through its duly authorized City Manager,hereinafter referred to as LESSOR, and the Beaumont Art League, a corporation of Jefferson County, Texas, acting herein by and through its legally constituted officers, hereinafter referred to as LESSEE; WITNESSETH : For and in consideration of the sum of One Dollar ($1.00) cash and the performance by LESSEE of the covenants and conditions hereinafter recited,LESSOR does by these presents lease, let and demise unto LESSEE the following described property and improvements thereon, located within the City of Beaumont, Jefferson County, Texas, and being part of Fair Park, and more particularly described as follows: Being a tract of land out of the South Texas State Fair Grounds property in the James Drake Survey in the City of Beaumont, Jefferson County, Texas, and being more particularly described as follows: Beginning at a point lying sixty-seven and sixty-five hundredths feet (67.65') west of the west line of Gulf Street and three hundred sixty-one and thirty-five hundredths feet(361.35') north of the north line of Plum Avenue as both are now established in the City of Beaumont, said point being marked by a one-half inch(%2") iron rod; Thence west two hundred two feet(202')to corner marked by a one-half inch(%2")iron rod, said point being at the south edge of an existing concrete walk and being thirty feet(30')east of the easterly line projected of what is now known as the Agricultural Building; EXHIBIT "A" Thence south 00 degrees 03 minutes west along a line parallel with and thirty feet(30') east of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths feet (96.65')to corner marked by a one-half inch(Y2") iron rod, said point being in line with the southerly line of said Agricultural Building projected eastward; Thence south 89 degrees 54 minutes east along the southerly line of said Agricultural Building projected eastward two hundred two feet(202')to corner marked by a one-half inch (%2") iron rod; Thence north 00 degrees 03 minutes east ninety-seven feet(97') to the place of beginning; The above described tract,herein referred to as Leased Premises, contains 0.449 acres and improvements,more or less; 1. The lease shall be for a term of five (5) years, beginning April 1, 2003 and ending on March 31, 2008. 2. The Leased Premises hereunder shall be used by the LESSEE for the purpose of advancing the arts and for such other further purposes as the LESSEE desires in the furthering of fine arts. 3. LESSOR reserves the right to park motor vehicles on the Leased Premises in connection with its use of Fair Park,providing that no parking shall be permitted within ten feet(10')of any building on said Leased Premises. 4. LESSOR,its employees and agents,shall have the right at all times to go on or about the said premises for the purpose of inspecting same, or for any other legitimate purpose. Page 2 of 6 5. LESSEE shall not make alterations, additions or improvements to the Leased Premises or buildings thereon without the prior written approval of the City Manager of LESSOR or his DESIGNEE, and all such alterations, improvements and additions made by LESSEE upon the Leased Premises shall remain upon the Leased Premises at the expiration of this lease and become the property of LESSOR. 6. LESSEE shall be responsible for any and all maintenance,repairs,and improvements, either major or minor, that are necessary to the Leased Premises and LESSEE agrees to keep the Leased Premises in a good state of repair throughout the term of this lease or any extension thereof. LESSOR agrees to pay all utility charges during the term of this lease and any extensions. On the expiration of this lease, LESSEE shall deliver the premises described herein and all improvements thereon to LESSOR in good condition. LESSOR may, at its own cost and expense, make improvements or repairs to the Leased Premises,subject to the appropriation of City funds,although LESSOR is under no obligation to do so. The LESSOR shall consult with LESSEE prior to making said improvements. 7. LESSEE agrees to indemnify and save the LESSOR free and harmless from all claims or liability for damages to any person or persons for injuries to person or personal injuries resulting in the death of any person, or-loss or damage to property occasioned by or in connection with the use-of the premises hereby rented caused by any source whatsoever, expressly including claims arising from the alleged negligence of LESSOR LESSEE hereby Page 3 of 6 assumes full responsibility for the character acts and conduct of all persons admitted to said premises, or to any portion of said building by the consent of said LESSEE, by or with the consent of the said LESSEE. 8. LESSEE agrees to obtain and maintain in full force and effect for the duration of this Agreement, and any extension thereof, Commercial General Liability Insurance on the Leased Premises in the following types and amounts: 8.1 Premises Operations Combined single limit for bodily 8.2 Independent Contractors injury and property damage of 8.3 Personal Injury $1,000,000 per occurrence with an 8.4 Advertising Injury aggregate limit of$1,000,000.00 8.5 Medical Payments $5,000.00 8.6 Fire Legal Liability $50,000.00 8.7 Contractual Liability $1,000,000.00 The cost of said policies shall be borne by LESSEE, and said policies shall name LESSOR as a named insured as well as LESSEE. Policies shall provide for fifteen (15) days notice to LESSOR for cancellation,non-renewal or material change. LESSEE shall further maintain fire insurance with extended coverage endorsements on a replacement basis for the full insurable value covering all of the Leased Premises,with the LESSOR noted as co-loss payee. This policy shall be for a term on not less than one(1)year and renewed annually prior to expiration so long as this lease is in existence. Certificates evidencing said insurance shall be provided to the LESSOR. The certificate shall provide for a minimum of fifteen (15)days notice to LESSOR of any cancellation of the insurance required herein. Should the Leased Premises or any portion thereof be wholly or partially destroyed or lost by fire, explosion, windstorm, theft or any other cause, any and all monies payable and collectible on policies of Page 4 of 6 insurance covering the Leased Premises shall be paid to LESSOR. LESSOR shall have sole discretion concerning whether to rebuild or repair the Leased Premises or take no action to rebuild or repair. LESSOR has no insurance on contents within the Leased Premises. Should LESSEE desire to insure contents, LESSEE must provide such insurance at its own cost and expense. Should LESSOR opt not to repair the Leased Premises after an insured loss then LESSEE may at its option terminate this lease and whether it terminates or not, shall have no responsibility to repair the damages caused by the insured loss to the Leased Premises, notwithstanding the provisions of Paragraph 6. 9. At the expiration of the term of this lease,LESSEE may hold over on a month-to-month basis only under the same terms and conditions as set out in this lease. 10. L LESSEE acknowledges that the Young Men's Business League (Y1V1BL)has leased all of Fair Park for the operation of the South Texas State Fair. LESSEE acknowledges,understands and accepts that during such leased period each year access to the Leased Premises and parking may be severally limited or denied and that, although LESSEE's use of the interior of the building on the Leased Premises is not legally limited by the YMBL's use of Fair Park, it may be, as a practical matter,severally limited by inconsistent uses put to the surrounding property by the YMBL in their operation of the South Texas State Fair. The substance of the provision of Paragraph 9 of this lease shall be incorporated into that certain lease contract entered into by and between LESSOR herein and the said Young Men's Business League ofBeaumont,Texas,covering the said South Texas State Fair Grounds and the said Page 5 of 6 twenty-nine(29) day period. If LESSOR terminates its lease contract with the YMBL for the South Texas State Fair at Fair Park,access to the Leased Premises would no longer be encumbered by the YMBL's use of Fair Park facilities. However, LESSOR reserves the right to enter into Agreements with other entities at any time during the term of this Agreement,or any extension thereof,which may limit access to Leased Premises as described and required in Paragraph 10. 11. This lease is made subject to all provisions of the City Charter of the City of Beaumont, Texas. EXECUTED in duplicate originals this day of April, 2003. LESSOR: CITY OF BEAUMONT ATTEST: By: Kyle Hayes, City Manager Susan Henderson, City Clerk LESSEE: BEAUMONT ART LEAGUE ATTEST: By: Colleen Burns,President Alexis McCarthy, Director Beaumont Art League Page 6 of 6