HomeMy WebLinkAboutRES 82-422 -e- F.?- e
R E S O L U T I O N
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 lease agreement with Allright Beaumont Company for the operation
of three (3 ) city parking lots in the vicinity of the Civic Center
and City Hall as shown in Exhibit "A" attached hereto and made a
part hereof.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the i&- day of �-ye" ` �_ 19 �2 .
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THE STATE OF TEXAS §
§ LEASE AGREEMENT
COUNTY OF JEFFERSON §
THIS AGREEMENT made and entered into by and between the
CITY OF BEAUMONT, Texas, a municipal corporation, hereinafter
referred to as "Lessor" , and ALLRIGHT BEAUMONT COMPANY, a Texas
corporation, hereinafter referred to as "Lessee" , witnesseth:
Lessor, by these presents, leases and lets to Lessee, and
Lessee leases and rents from Lessor, subject to the terms and
conditions contained herein, the following described property
( "leased premises" ) located in the City of Beaumont, Jefferson
County , Texas, to-wit:
TRACT ONE: That certain automobile parking lot
located within the Civic Center
Complex (600 Main) of the City of
Beaumont, Texas, commonly known as
the "North Lot" (containing
approximately 400 automobile parking
spaces) , as shown on the plat
attached hereto as Exhibit "A" and
hereby made a part hereof .
TRACT TWO: A tract of land being all of the
northeast one hundred eighty ( 180)
feet of Block 13, original townsite
of Beaumont, City of Beaumont,
Jefferson County, Texas, as shown on
plat attached hereto as Exhibit "B"
and made a part hereof.
TRACT THREE: That certain automobile parking lot
located south of City Hall in the City
of Beaumont, Texas, commonly known as
VYLSTR7T " A"
the "South Lot" (containing
approximately 400 automobile parking
spaces) , as shown on the plat
attached hereto as Exhibit "A" and
hereby made a part hereof.
As used herein the tern "leased premises" shall include Tract One,
Tract Two and Tract Three. When the reference herein is specifically
to any of said Tract One or Tract Two or Tract Three, only such tract
shall be included.
1 .A As to Tract One only of the leased premises, the term
of this lease shall begin , and
unless earlier terminated as hereinafter provided, continue
thereafter for two (2) years and days ending on
; provided, however, as to said Tract One
only , the tern of this lease shall be intermittent, that is every
Saturday and Sunday throughout the term and the interval between 6 :00
P.M. and 7 :00 A.M. of every weekday (Monday through Friday) in the
term shall be excluded from the term of this lease except during
those periods for which Lessor has requested Lessee to give "event
service" as provided in Paragraph 1 .G on Tract One, and notwith-
standing anything in this lease to the contrary , Lessee shall have no
obligation or liability whatever with respect to or on account of the
use made of Tract One of the leased premises during such excluded
periods.
1 .B As to Tract Two only of the leased premises, the
term of this lease shall begin , and
continue thereafter for two (2) years and days ending on
; provided, however, as to said Tract Two
only , the term of this lease shall be continuous which, in any event,
shall require Lessor to control Tract Two at any time "event service"
has been requested as provided in paragraph 1.G.
1.0 As to Tract Three only of the leased premises, the
term of this lease shall begin , and
unless earlier terminated as hereinafter provided, continue
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thereafter for two (2) years and days ending on
; provided, however, as to said Tract
Three only, the term of this lease shall be intermittent, that is
every day in the entire term of this lease shall be excluded from the
term of this lease except those portions thereof during which Lessor
has requested Lessee to give "event service" as provided in Paragraph
1.G on Tract Three, and notwithstanding anything in this lease to the
contrary , Lessee shall have no obligation or liability whatever with
respect to or on account of the use made of Tract Three of the leased
premises during such excluded periods.
1 . D Either party, upon thirty ( 30) days' written notice
to the other, may withdraw Tract Two from the leased premises and
from the provisions of this lease, whereupon Lessee shall vacate and
surrender said Tract Two to Lessor and rent as to said tract shall
cease.
1 .E Lessor shall have the right to terminate this lease,
effective as of the end of any calendar month, upon thirty (30) days'
prior written notice to Lessee.
1. F Throughout the term of this lease (excluding the
intermittent periods as to Tract One and Tract Three excluded from
such tern as provided in Paragraphs 1 .A and 1 .C, respectively) Lessee
shall operate an automobile parking lot business on the leased
premises for the principal use and benefit of the general public and
users of the Civic Center Complex of the City of Beaumont, Texas,
subject to Paragraph 2.D.
1.G Upon at least twenty-four ( 24) hours notice from
Lessor to Lessee, Lessee agrees to operate Tract One, Tract Two, and
Tract Three as controlled and attended parking lots of any day or
days in the lease term as specified in Lessor's said notice, which
operation is referred to in this lease as "event service" .
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2.A Lessee covenants to pay Lessor a rent of Eight
Hundred ($800. 00) Dollars for each calendar month in the term of this
lease, monthly in advance on the first day of each calendar month
during the term of this lease, subject to abatement as provided in
Paragraph 2. D. It is agreed that the rent for any calendar month
only partially within the term of this lease shall be prorated.
2 .B In addition to the rent provided in Paragraphs 2.A,
2.C, and 2.E, Lessee covenants to pay Lessor (as additional rent) for
each calendar month in the term of this lease a "percentage rent of
an amount equal to fifty-five percent ( 55% ) of the G,ross Receipts
(as herein defined) in excess of One Thousand Six Hundred ($1, 600. 00)
Dollars ( if any) derived during such month from Tract One of the
leased premises; said percentage rent to be paid to Lessor monthly ,
each monthly payment to be due not later than fifteen (15) days after
the close of the respective calendar month to which such payment
relates, without notice.
2.0 In addition to the rent provided in Paragraphs 2.A,
2.B, and 2.E, Lessee covenants to pay Lessor (as additional rent) for
each calendar month in the term of this lease a "percentage rent" of
an amount equal to fifty-five percent ( 55%) of the Gross Receipts (as
herein defined) derived during such month from Tract Two of the
leased premises; said percentage rent to be paid to Lessor monthly,
each monthly installment to be due not later than fifteen (15) days
after the close of the respective calendar month to which such
payment relates, without notice. In the event Tract Two of the
leased premises shall be withdrawn from the leased premises and from
under this lease pursuant to Paragraph l .B, the percentage rent
provided for in this Paragraph 2.0 shall cease upon such withdrawal
(except as may have accrued prior to such date of withdrawal) .
2.D From time to time, upon notice to Lessee, Lessor may
restrict the parking permitted in Tract One of the leased premises to
that related to a Civic Center Complex function, provided, however,
for every %day (or part thereof ) that Lessor makes such restrictions,
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the rental provided for in Paragraph 2.A for the month which includes
such restricted days (or part thereof) shall be abated at the rate of
Forty and 00/100ths ($40. 00) Dollars per day ( or part thereof) to a
maximum abatement of $800. 00 per month. In the event of such
restriction and the resultant rent abatement, Lessee shall be
entitled to a refund of any rent or abated rent which Lessee may have
previously paid, which amount Lessee may deduct from the next
installment(s ) of rent falling due pursuant to Paragraphs 2 .A, 2 .B,
2.C, and 2.E, or if no further rent shall be due under any of said
Paragraphs Lessor shall refund such amount to Lessee upon receipt of
Lessee' s written statement therefor.
2.E In addition to the rent provided in Paragraphs 2 .A,
2. B, and 2.C, Lessee covenants to pay Lessor (as additional rent) for
each calendar month in the term of this lease a "Night Service
Rental" of an amount equal to fifty-five percent ( 55%) of the Night
Receipts (as herein defined) derived from Night Service during such
month from the leased premises; said Night Service Rental, if any , to
be paid to Lessor monthly with each monthly installment to be due not
later than fifteen (15) days after the close of the respective
calendar month to which it relates without notice. No Night Service
Rental shall be due for any month in which there was no Night
Service.
2.F "Gross Receipts" as used herein mean all amounts
paid to and received or collected by Lessee from Lessee's operations
(other than Night Service) upon the leased premises ( including any ,
if any , receipts from the subletting thereof ) , or upon the respective
tract therein, excluding any and all, if any , sales, use, excise, or
other taxes or levies that Lessee is or may become obligated by law
to collect from its customers, either directly or indirectly, or
which are or may be imposed on gross receipts from parking or storing
automobiles. Gross Receipts shall not include any Night Receipts as
defined in Paragraph 2.G.
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2.G "Night Receipts" as used herein means all amounts
paid to and received by Lessee from Lessee's Night Service operations
upon the leased premises, but no other, excluding any and all, if
any, sales, use, excise, or other taxes or levies that Lessee is or
may become obligated by law to collect from its customers, either
directly or indirectly , or which are or may be imposed on gross
receipts from parking or storing automobiles. Night Receipts shall
not include any Gross Receipts as defined in Paragraph 2.F.
2 .H Lessee shall, within fifteen ( 15) days following the
close of each calendar month during the term of this lease, furnish
to Lessor a written report of Lessee setting out the amount of Gross
Receipts (as herein defined) derived during such month from the
leased premises ( stated separately as to Tract One, Tract Two, Tract
Three, and Night Service) , such written report shall accompany the
respective aforesaid percentage rent payment (but shall also be
furnished if no percentage rent payment is due) .
2. I Lessee agrees to keep adequate and satisfactory
records of its use and operation of the herein leased premises, and
Lessor shall have access at all convenient times to any of such
records as may show Lessee' s Gross Receipts and Night Receipts for
the purpose of examination and study thereof, and Lessor shall have
the right from time to time at any reasonable time and at Lessor's
expense to audit, or have audited, such part of any of the aforesaid
records as may directly relate to Lessee' s Gross Receipts derived
from the leased premises.
2.J Lessee may make payments by mail by check, and Lessee
agrees to make such payments payable to Lessor, City of Beaumont,
. .r
Attn: Civic Center Director, P. O. Box 3827, Beaumont, Texas 77704,
or at such' other address as Lessor may designate in writing.
2.K The initial parking rates to be charged by Lessee
with respect to Tract One shall not exceed $1. 50 per day per
automobile and as to Tract Two shall not exceed $2.00 per day per
automobile. Parking rates for Tract Three shall be as directed in
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writing by Lessor. Lessee may from time to time change said parking
rates if business conditions so warrant subject to Lessor's prior
written approval if such change would exceed the aforesaid maximums.
3. Lessor agrees to pay before they become delinquent
all ad valorem real estate taxes and special assessments lawfully
levied or assessed against the above described premises, however,
Lessor may , at Lessor's expense, contest and dispute the same, and in
such case the disputed item need not be paid until finally adjudged
to be valid. Lessee shall pay or cause to be paid throughout the
term of this lease all taxes and assessments whatsoever levied or
assessed against Lessee's personal property situated on the leased
premises.
4 . Such premises are leased for use as a pay parking lot
for automobiles, and Lessee may employ the usual appurtenances and
equipment for the conduct of that business.
5. Lessee agrees to take the same care of the leased
premises that a reasonable man would take of his own property, and to
suffer no waste with respect thereto. Lessor may enter the leased
premises at all reasonable times to examine their condition.
6 .A Lessee may place improvements upon the leased
premises. Lessee shall have the right to remove Lessee's trade
fixtures ( if any) , such as attendant' s booth, wiring, signs and other
equipment, (subject to Lessor's statutory and contract liens for
unpaid rents, if any) , provided same are removed within ten (10) days
after the end of this lease.
6.B Lessee shall not display "Allright" site signs on the
leased premises; signs displayed on the leased premises to be limited
to information and directions, that is parking rates, payment
procedures, traffic directions, etc.
7. Lessee shall maintain at Lessee's expense, throughout
the term of this lease, public liability insurance with primary
limits of not less than $300,000.00 for bodily injuries or death to
one person, and not less than $300, 000- 00 for bodily injuries or
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death to more than one person, per occurrence, and not less than
$100, 000. 00 for property damage per occurrence, and with excess
limits ( in excess of primary limits) under a commercial umbrella
liability policy of not less than $1 ,000,000. 00; or with other limits
provided they afford at least equal coverage to the aforesaid. With
respect to such insurance Lessor shall be shown as an additional
insured and Lessee shall furnish Lessor with certificates evidencing
such insurance to be in force. Lessee may maintain such insurance
under a blanket policy or policies.
8. All past due rents shall bear interest at ten percent
(10%) per annum from date due until paid. All property of the Lessee
placed on the leased premises shall be subject to a lien in favor of
Lessor for the payment of all rents or other sums agreed to be paid
by Lessee.
9 . Should it become necessary to collect any rents due
hereunder by legal proceedings, Lessee promises to pay an additional
amount to cover Lessor's court- costs and reasonable attorney's fees
with respect thereto.
10. If Lessee makes default in the performance of any of
Lessee' s obligations hereunder and remains in default with respect
thereto for ten (10) days after receipt of notice in writing pointing
out such default, or if Lessee be declared bankrupt, or if a receiver
be appointed for Lessee, or if Lessee attempts to transfer this lease
for the benefit of creditors, Lessor may at Lessor's option declare
this lease terminated immediately or at any time thereafter while
such default or contingency continues and may thereupon without
further notice enter upon the leased premises and take possession
thereof, or Lessor may at Lessor' s election re-enter the premises and
re-let them as the agent of Lessee and receive the rent therefor,
applying same first upon such expenses as Lessor may be put to in
re-entering and re-letting the premises and then to payment of rent
or any other sum accruing under these presents, paying the balance,
if any , to the Lessee, and Lessee shall remain liable for any
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deficiency. No waiver by Lessor of any breach of any of the
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covenants to be performed by Lessee shall be construed as a waiver of
any other breach of any of the covenants of this lease.
11. Lessee shall have no power to do any act or to make
any contract that may create or be the foundation for any lien upon
the present or other estate of the leasehold and leased premises; and
should any such lien be created and filed, Lessee, at its own cost
and expense, shall liquidate and discharge the same in full within
thirty ( 30) days next after filing thereof.
12. Lessee will procure at Lessee' s expense such
utilities and services as Lessee desires and will pay promptly all
charges therefor and will not permit same to accrue against Lessor or
the leased premises.
13. Lessee agrees to comply with all valid laws,
ordinances, codes, and regulations of any governmental authority
having jurisdiction, applicable to Lessee' s occupancy or use of said
premises, and Lessee covenants and agrees to indemnify and hold
Lessor harmless from any and all liability or claims for injuries to
any person persons, including death resulting therefrom, or for
damage to or destruction of the property of any person which may be
sustained on or within said leased premises.
14. Lessee acknowledges that Lessee is familiar with the
present condition of such premises, and Lessee accepts the leased
premises in their present condition, with the right to alter same as
herein provided, and Lessor shall not be liable to Lessee, its
employees, customers, nor the public for any defect in the leased
premises, whether existing at the time of Lessee' s acceptance of same
or whether developing thereafter, nor for any injury or damage that
may occur from the elements, and Lessee will hold Lessor harmless
from all liability or claims with respect to such defects or
injuries.
15. It is agreed and understood that any holding over by
the Lessee of the herein leased premises after the expiration of this
lease shall operate and be construed as a tenancy from month to month
u
at the same rental as due during the last month of the lease term.
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16. Lessor covenants that Lessee shall have and be placed
in possession of the leased premises as herein provided and that
during the term of this lease Lessee, paying the rent aforesaid, and
performing the covenants herein contained on its part to be paid and
performed, shall quietly and peaceably hold and enjoy the said
premises without hindrance or interruption by Lessor or any other
person or persons whomsoever, subject to this lease.
17. This agreement shall inure to the benefit of and be
binding on the respective parties, their heirs, devisees, executors,
administrators, successors and assigns.
18 . Any notice which Lessor or Lessee may be required or
may desire to give to the other shall be in writing and shall be sent
by registered or certified mail:
To Lessor at: City of Beaumont
(Attn: City Manager)
P. O. Box 3827
Beaumont, Texas 77704
To Lessee at: Allright Beaumont Company
227 Main Street
(P. O. Box 3163)
Beaumont, Texas 77704
or to such other place or places as may be designated in writing by
Lessor to Lessee or Lessee to Lessor.
IN WITNESS WHEREOF, the parties hereto have executed this
lease agreement in multiple originals as of the day of
1982.
L E S S O R
CITY OF BEAUMONT (Texas)
ATTEST:
By
Its City Clerk Its City Manager
L E S S E E
ALLRIGHT BEAUMONT COMPANY
By
Its Vice President
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Forsythe
Block /3 of Original Beaumont Townsite
EXHIBIT A
son Lease from City of Beaumont (Lessor) to Allright Beaumont Company (Lessee) NORTH
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EXHIBIT A