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HomeMy WebLinkAboutRES 82-446 R E S 0 L U T 1 0 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 the Young Men' s Business League for the use of Fair Park , a copy of which is attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the -__4 day of 19 OP-2 A j Mayor STATE OF TEXAS § COUNTY OF JEFFERSON § This lease agreement entered into this date by and between the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, Lessor, and the Young Men' s Business League, a private corporation, duly incorporated under the laws of the State of Texas with its principal office in Beaumont, Jefferson County, Texas, Lessee. W I T N E S S E T H 1 . The City of Beaumont, Lessor, does, by these presents, LEASE, LET, AND DEMISE unto the Young Men' s Business League, Lessee, all the real estate situated in the City of Beaumont known as Fair Park or the South Texas State Fairgrounds, together with all facilities and buildings located thereon for an intermittent term of twenty-nine ( 29 ) consecutive days between the 20th day of September and the 10th day of November of each year for five (5 ) years beginning January 1 , 1983, and terminating December 31, 1987, inclusive, unless Lessee exercises its right to renew this lease for an additional term of five (5) years, upon the following terms, conditions and covenants: 2 . Lessee shall use the premises for the purpose of conducting the South Texas State Fair. 3 . Lessee shall notify Lessor in writing of the beginning and termination dates of said twenty-nine (29) day period as soon as the dates thereof for each year have been established, but in no event later than the 1st day of April of each year during the term thereof. 4 . The consideration for this lease shall be as follows: a. Each year during the term hereof Lessee shall invest $50, 000 or 45% of the prior year' s revenues from midway shows and rides, whichever is greater, in Fair Park improvements, including the acquisition of additional real property. Said improvements shall be approved by the City Council and title to said improvements shall be and remain in the City of Beaumont. Lessor shall have the right to demand sworn financial statements certified by a public accountant of the gross receipts received by Lessee from the midway shows and rides. Lessor shall have the right to examine Lessee' s books and records concerning said midway shows and rides at any reasonable time. b. Lessee shall furnish all traffic control in the immediate vicinity surrounding Fair Park and all security/police protection within the confines of Fair Park as deemed necessary by the Lessee. It is understood by the parties hereto that it is in the best interest of the Lessee to provide adequate traffic control and security/police protection during the time of the Fair. C. Lessee shall have the obligation to maintain in a good state of repair all buildings and other improvements on the leased premises except the following: Coliseum, Harvest Club, Caretaker' s House and Workshop. For the purpose of maintaining said improvements, Lessee is given the right to enter the premises at reasonable times when said premises are not being used for other activities. All monies expended by the Lessee on maintenance and repair of buildings and other improvements shall be and are hereby made a part of the monies to be expended on Fair Park improvements as set forth in paragraph 3a above, and is not in addition thereto. 5 . Lessee shall be permitted to use for parking purposes during the South Texas State Fair such portions of Lessor' s property lying north of Fair Park as may be available for such use. 2 - 6 . This lease is subject and subordinate to the agreement dated March 14, 1977, between the City of Beaumont and S & S Food Distributing Corporation, concerning Fair Park Coliseum concessions, and all amendments, extensions, or substitutions thereof. This lease is further subject and subordinate to the provisions of any lease or agreement between the City of Beaumont and the Beaumont Community Players, or its successors, concerning the use of the Little Theater; the provisions of any lease or agreement concerning the use of the Art Museum located on the premises of Fair Park; and the provisions of any lease or agreement concerning the use of the YMBL Building. Lessee shall cooperate with Lessor in promoting the use of Fair Park Coliseum and shall, when practicable, permit Lessor to lease said coliseum for events to be held during the -twenty-nine ( 29) day period described above. 7 . Lessee by and with the consent of Lessor is hereby granted the right to erect such structures incident to or necessary for the lawful purpose of said fair, carnival, exposition, rodeo, dance and other activities usual and customary in connection therewith, which structures shall in all respects conform to the rules and regulations of the duly constituted authorities of the City of Beaumont, and the title to all such structures not removed as hereinafter provided shall forever be and remain in Lessor. 8 . Within fifteen (15) days after the expiration of each annual twenty-nine (29) day lease period as herein provided, Lessee agrees to remove from the premises all structures erected thereon by it which Lessor may in its discretion determine to have removed and with the exception of such structures erected by Lessee as are to remain on said premises, to restore the premises to the same condition they were in at the time of the commencement of each annual twenty-nine (29) day lease period hereunder, reasonable wear and tear expected. - 3 - 9 . Lessee and any and all of its sublessees hereunder shall not operate any concession, show , or ride on said premises during the term of this lease, which concession, show, or ride is found by Lessor to be illegal, immoral or otherwise detrimental to the public welfare. All gambling, gambling devices, and games of chance are hereby declared to be specifically prohibited. 10 . Lessee covenants and agrees to indemnify, save and keep harmless the City of Beaumont against all liabilities, claims, judgments, damages, costs and expenses which may in any manner come against said City in consequence of or result from the operation, location, and/or maintenance of a fair, carnival, exposition, rodeo, dance, or other activities upon such premises as is contemplated herein by either Lessee or by any and all of its sublessess hereunder, including claims, liabilities, and actions based upon acts, omissions or negligence of the Lessor, its officers, agents and employees. Upon demand, Lessee shall, at its own expense, defend City, its officers, agents and employees against any and all such liability, claims, demands, actions, losses, damages and costs. Should any judgment be rendered against said City for any cause growing out of or resulting from the operation, location, or maintenance of said fair, carnival, exposition, rodeo, dance, or other activities upon said premises, as aforesaid, then Lessee agrees to pay and satisfy said judgment before and without said City doing so. In addition to the above, Lessee agrees, at its own expense, to provide the City of Beaumont public liability and property damage insurance, with the City as insured, in a company satisfactory to the City, with minimum limits of $1 ,000,000.00 for bodily injury and $100,000.00 for property damage. The insurance policy shall be approved by the City Attorney of the City of 4 - 11. Beaumont and filed with the City Clerk at least thirty ( 30) days prior to the annual twenty-nine ( 29) day period of this lease. The violation by Lessee or any of its sublessees of any of the terms and/or conditions of this lease contract shall give Lessor the right at its option to cancel said lease contract, upon failure of Lessee and sublessees to rectify the condition complained of within a reasonable period of time from the submission of complaint in writing by Lessor to Lessee. When the complaint concerns paragraph 8 hereof, "a reasonable period of time" shall be interpreted to be twenty-four ( 24) hours. 12. Said premises are to be used by Lessee annually during all or any portion of said twenty-nine ( 29) day period only for the purpose of conducting a fair, carnival or exposition thereon, and in conjunction therewith Lessee may conduct on said premises a rodeo, dance and other such activities as are usual and customary in connection therewith, and Lessee may sublet only in furthering and carrying out this purpose. Lessor agrees not to permit any carnival, circus, rodeo, home show or other exhibition on said premises within sixty ( 60) days prior to the beginning date of the aforesaid twenty-nine ( 29) day period of each year during the term of this lease or any renewal thereof. 13. Lessee is hereby granted the option to renew and extend this lease for an additional term of five (5 ) years following expiration hereof upon the terms and conditions herein established. Said option must be exercised in writing on or before July 1 , 1987. EXECUTED in duplicate originals this the day of 1982, by the City of Beaumont, acting herein by and through its City Manager, hereunto duly authorized, and Lessee, acting herein by and through its President, hereunto duly authorized. a 5 - CITY OF BEAUMONT By: City Manager, Ray A. Riley ATTEST: LESSOR By: City Clerk , Myrtle Corgey YOUNG MEN' S BUSINESS LEAGUE By: President ATTEST: LESSEE By: Secretary 6 —