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HomeMy WebLinkAboutRES 83-004 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 five (5 ) year renewal of the lease agreement attached hereto as Exhibit "A" with the Beaumont Art League on premises at Fair Park . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor THE STATE OF TEXAS X ODUNTY OF JEF'FER<SON X THIS LEASE CONTRACT, dated the n< day of - ' 19/''i, 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 ref&=ed 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"; W I T N E S S E T H For and in consideration of the sumo of One ($1.00) Dollar 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 the South Texas State Fair Grounds, and more parti- cularly 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, Jef- ferson County, Texas, and being more par- ticularly described as follows: Beginning at a point lying sixty-seven and sixty-five hundredths (67.65' ) feet west of the west line of Gulf Street and three hundred sixty-one and thirty-five hundredths (361.35') feet north of the north line of Pluan Avenue as both are now established in the City of Beaumont, said point being marked by a one-half inch (1/2") iron rod; Thence west two hundred two (202') feet to corner marked by a one-half inch (1/2") iron rod, said point being at the south edge of an existing concrete walk and being thirty (30') feet east of the easterly line projected of -what is now known as the Agricultural Building; Ther+r>- south 000 03' minutes west along a line parallel with and thirty (30') feet east of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths (96.651) feet to corner marked by a one-half inch (1/2") iron rod, said point being in line with the southerly line of said Agricultural Building projected eastward; EXHIBIT "A" Thence South 890 54' minutes east along the southerly line of said Agricultural Building projected eastward two hundred two (2021) feet to corner marked by a one-half inch (1/211) iron rod; Thence North 000 03' minutes east ninety- seven (97') feet to the place of beginning; The above described tract contains 0.449 acres, more or' less; for a term of five (5) years, beginning on the 1st day January, 1978, and ending on the 31st day of December, 1982. 1. The premises leased hereunder shall be used by the Lessee for the purpose of advancing the arts and for such other further pur- poses as the Lessee desires in the furthering of fine arts. 2. Lessor reserves the right to park motor vehicles on the leased premises in connection with its use of the South Texas State Fair Grounds, providing that no parking shall be permitted within ten (10) feet of any building on said leased premises. 3. Lessor, its employees and agents, shall have the right at all times to go on or about the said premises for the purpose of in- specting same, or for any other legitimate purpose. 4. 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 and all such alterations, improve- ments and additions made by Lessee upon the leased premises shall remain upon the leased premises at the expiration of this lease and became the property of Lessor. 5. Lessee shall be responsible for any and all maintenance and repairs, 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 terra of this lease or any extension thereof. Lessee agrees to pay all utility charges except for water 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. 6. Lessee shall indemnify and save and keep harmless the Lessor from all liability, claims, damages, judgments, injuries, costs and expenses which may in any manner come against Lessor in consequence of or result from any operations that Lessee may conduct on the leased premises. Lessee agrees to carry public liability in- surance on the leased premises in the sum of $50,000 for each person and $100,000 for each accident, and property damage liability insurance in the sum of $10,000 for each accident, the cost of said policies to be borne by said Lessee, and said policies shall name Lessor as a named insured as well as Lessee, and said policies or copies thereof shall be filed with the City Clerk of the City of Beaumont. 7. Lessor agrees to carry fire and extended coverage insurance for the full value of all buildings on leased premises. In the event j the buildings, or any part thereof, shall at any time during the term i hereof be destroyed by fire or other unavoidable casualty so as to be unfit for occupancy and use, and the insurance recovered by Lesser under its policies is not sufficient to rebuild and restore said buildings and improvements, or parts thereof, Lessor agrees to deposit the proceeds of the insurance policies in a special account so as to give Lessee an opportunity to raise the additional amount to replace and restore said buildings. If the amount of insurance recovered by Lessor is sufficient to replace said buildings, then Lessor agrees to restore same. 8. At the expiration of the term of this lease, Lessee may hold over on a month-to-innth basis only under the same terms and conditions es set out in this lease. �� a � -3- lip 9. This lease shall be for a term of five (5) years as afore- said except for a period between the 20th day of September and the 30th day of November of each year of this lease, during which period the Young Men's Business League of Beaumont, Texas, shall operate the South Texas State Fair, said twenty-two (22) day period to be yearly designated by the Young Men's Business League of Beaumont; it being understood between the parties hereto that the leased premises shall be included in the lease between Lessor and Young Men's Business League of Beaumont, Texas, for a twenty-tun (22) day period each fall, for the purpose of the Young Men's Business League conducting the South Texas State Fair. During each such twenty-two (22) day period, the Young Men's Business League of Beaumont shall use the said premises and buildings only for art museum purposes in keeping with the design and purposes for which said premises and buildings were intended. The Young Men's Business League shall notify Lessor herein in writing each year of its intended use of said premises and buildings, which said use must be approved by written consent of the City Manager of the City of Beaumont, which said approval_ and consent shall be given if said use is camen- surate with the design and purposes of the said premises and the building of buildings, to be placed thereon. In the event the Beaumont Art League elects to remove any or all exhibits from public display during the said twenty-two (22) day period, the Young Men's Business League shall allow storage space for the said exhibits in said art museum building ng and shall permit Lessee to furnish such guards for the said exhibits as are reasonably necessary to protect the said exhibits fran damage or loss. Zhe said Young Men's Business League of Beaumont shall proffer to the said Beaumont Art League each and every year of this lease for said twenty-two (22) day period, a South Texas State Fair Exhibitor's Contract cowering the said premises and building or buildings to be placed on the said premises, whereby the said Beaumont Art League shall became responsible for the placing therein of a suitable art exhibit for display at the said South Texas State Fair, provided that the said Beaumont Art League shall have thirty (30) days after said proffer shall have been made to accept or reject the said offer, and in the event the said Beaumont Art League does not accept the said offer in writing within the said thirty (30) day Period, then the said Young Men's Business League may let the said premises and buildings for said twenty-two (22) day period of the year involved to such exhibitor as the said Young Men's Business League shall determine, subject to the use limitation and approval of the said uses by the City Manager of the City of Beaumont, as aforesaid. 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 of Beaumont, Texas, covering the said South Texas State Fair Grounds and the said twenty-two (22) day period. 10. This lease is made subject to all pertinent provisions of the City Charter of the City of Beaumont, Texas. EXECUTED in duplicate originals, this day of 1 CITY OF BFNUMCNT, TEXAS ATTEST: BY: - City Manager - BY: "LESSOR" -City Clerk BEAIM4T ART IF.AGU_E ATTEST: BY: _J4 BY: Shirley Pe;(, President •' SEE"