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Home My WebLink AboutRES 98-60 RESOLUTION NO. G6 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a lease agreement with Some Other Place for the premises described in Exhibit "A". The agreement is substantially in the form attached hereto as Exhibit "B". PASSED BY THE CITY COUNCIL of the City of Beaumont this the ,� -� day of 1998. �R - Mayor - LEASE AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § This lease is made and executed on 11998, 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 SOME OTHER PLACE, INC., a non-profit corporation organized under the 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 described in Exhibit "A," attached hereto and made a part hereof. II. The term of this lease is twenty (20) years, beginning on April 3, 1998, and terminating at twelve o'clock (12:00) p.m. on the day before the twentieth (20th) anniversary date. Lessee is hereby granted an option to renew this lease for an additional term of twenty (20) years under the same terms and conditions. This option shall be exercised by written notice given to the Lessor at least 180 days prior to the end of the initial twenty (20) year term. EXHIBIT "B" Ill. The total rent under this lease is Ten Thousand Five Hundred Dollars ($10,500),which shall be paid as follows: One Thousand Dollars ($1,000) upon execution of this lease and Five Hundred Dollars ($500) per year for the remaining nineteen (19) years of the lease. Lease payments are due on or before May 1 of each year. IV. Lessee will construct a building on the premises suitable for use as a social services building. The building will be approximately 7,000 square feet. Lessee will obtain broad form fire and extended coverage insurance on the building and provide Lessor with a copy of such insurance policy. V. The premises are to be used for the purpose of operating a nonprofit social services agency. 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. Race, creed, religion, sex or national origin shall not be used by Lessee as a basis for either accepting or rejecting persons for assistance. Lessee must conduct its business on the premises in a safe and sanitary manner at all times. VI. 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 - 2 - 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. VII. Lessee shall not allow any waste or nuisance on the premises, or use or allow the premises to be used for any unlawful purpose. Vill. Lessee shall arrange and pay for all utilities furnished to the premises for the term of this lease, including electricity, gas, water, sewer and telephone services. IX. 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 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. X. 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 save 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 - 3 - property arising out of the occupancy and use of the premises or the operations embraced 1 i by this lease, and including acts or omissions of the Lessor in connection therewith. XI. Lessee shall carry Public Liability and Property Damages Insurance covering operations hazards (and including the Lessee's obligations under the indemnification provision contained in Paragraph X) with a company acceptable to City with City as a named insured in the sums of One Hundred Thousand and No/100 Dollars ($100,000.00) per individual, Three Hundred Thousand and No./100 Dollars ($300,000.00) per occurrence, and Fifty Thousand and No/100 Dollars ($50,000.00) property damage. Lessee shall further, at its own cost, maintain an umbrella or disaster type secondary excess insurance coverage of not less than One Million Dollars ($1,000,000); provided, J however, should Lessor determine at anytime 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. A copy of the original policy shall be filed with the City Clerk of City. XII. Lessee shall not assign or sublease the premises or any right or privilege connected therewith without first obtaining the written consent of Lessor. XIII. 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 - 4 - 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 nonprofit social service agency, it shall constitute a breach and a default. Lessee shall have thirty (30) days after receipt of written notice from Lessor of any breach to correct the conditions specified in the notice. XIV. Lessor shall have the following remedy in addition to its other rights and remedies in the event Lessee breaches this lease agreement: Lessor shall have the right to terminate this lease on fifteen (15) day's written notice to Lessee of any matter constituting a default or breach of this lease. The improvements constructed by Lessee on the leased premises shall become the property of Lessor upon the termination of the lease for any reason. XV. 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 reasonable attorney's fees for the services of Lessor's attorney in the action, all fees to be fixed by the court. XVI. 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 its 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 - 5 - 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 this the day of , 1998. CITY OF BEAUMONT Ray A. Riley ATTEST: City Manager Patrice Fogarty City Clerk SOME OTHER PLACE, INC. ATTEST: Paula O'Neil Executive Director Margueritte Humphrey i - 6 - Mki �mrlm� i►:,,,. 1.11 m IN WA LA NOR ti�!!�off. 7� i � �r WEIMER p /��ir/ MIEJ - - Y