HomeMy WebLinkAboutRES 84-314 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 between the City of Beaumont and the Beaumont
Municipal Employees' Credit Union in the form attached hereto as
Exhibit "A" for a term of five ( 5 ) years commencing October 1 , 1984
and ending September 30, 1989.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the e day of m�'� _e 1984.
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LPB/rw 8/23/84
THE STATE OF TEXAS
COUNTY OF JEFFERSON
This Lease Agreement, dated this the day of
1984, by and between the CITY OF BEAUMONT, a
municipal corporation domiciled in Jefferson County, Texas, LESSOR,
and BEAUMONT MUNICIPAL EMPLOYEES' CREDIT UNION, a corporation organized
under the laws of the State of Texas, of Jefferson County, Texas, LESSEE;
W I T N E S S E T H :
LESSOR does by these presents lease and let unto the said
LESSEE the following described property, to-wit:
BEGINNING at the southwest corner of that certain
16.143 acre tract of land out of James Drake Survey,
Beaumont, Jefferson County, Texas, conveyed by
Neches Lumber and Building Company to the City of
Beaumont by deed dated August 24, 1945, recorded
in Volume• 575, Page 494 in the Deed Records, Jefferson
County, Texas, said point being in the east line of
Pine Street;
THENCE North 07 degrees 39 minutes 30 seconds West
along the said east line of Pine Street, four
hundred twenty-nine and fifty-seven hundredths
(429.57) feet to the beginning corner of this
description;
THENCE North 07 degrees 39 minutes 30 seconds West
continuing along the said east line of Pine Street
twenty-six and three hundredths (26.03) feet to
corner;
THENCE North 37 degrees 58 minutes West along the
east line of Pine Street thirty-nine and thirty-five
hundredths (39.35) feet to corner;
THENCE North 82 degrees 20 minutes 30 seconds East
one hundred nineteen and eighty-five hundredths
(.119.85) feet to corner;
THENCE South 07 degrees 39 minutes 30 seconds East
sixty (.60) feet to corner;
THENCE South 82 degrees 20 minutes 30 seconds West
one hundred (100) feet to the place of beginning;
The above described tract contains 0.145 acre of
land, more or less;
for a term of FIVE (5) YEARS, beginning on the Ist day of October, 1984,
and ending on the 30th day of September, 1989, upon the following conditions,
Exhibit "A"
obligations and covenants:
1.
LESSEE agrees to pay LESSOR at the City Hall as rental for
the leased premises for the term hereof the sum of ONE ($1.00) DOLLAR
per year, payable annually in advance, the first annual payment to be
due on the 1st day of October, 1984, and a like annual payment to be
due on the lst day of October of each year thereafter.
2.
LESSEE shall promptly execute and fulfill all the ordinances
of the CITY OF BEAUMONT applicable to said premises, and all orders and
requirements imposed by the health authorities, sanitary, and police
departments for the correct, prevention and abatement of nuisances in,
upon, or connected with said premises during the said term of this lease
at its own expense.
3.
LESSEE shall not assign this agreement or sublet the premises
or any part thereof without the written consent of the LESSOR in writing.
4.
It is mutually understood and agreed between the parties hereto
that either party shall have the right to cancel this lease at any time,
for any reason whatsoever. In the event either party desires to cancel
this lease during the term hereof, said party shall give notice in writing
to the other- party of its intention to cancel said lease, and this lease
shall be deemed null and void and cancelled as of SIX (6) MONTHS from date
of written notice, and LESSEE agrees to vacate and surrender back to LESSOR
said leased premises within said SIX (6) MONTHS' period, it being understood
that LESSEE shall have the option to remove any buildings erected on said
premises, provided, however, that same shall be removed within said SIX (6)
MONTHS' period.
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5.
It is expressly agreed and understood that at the ex-
piration of the term of this lease, LESSEE shall have the exclusive
option of renewing this lease for an additional FIVE (5) YEAR period,
upon terms and conditions to be agreed upon by the parties hereto,
provided, however, that written notice of its intention to exercise
this option must be given LESSOR in writing at least NINETY (90) DAYS
prior to the expiration of this lease.
6.
LESSEE shall indemnify, save and keep harmless the LESSOR
from all liabilities, 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 or carry on
on the leased premises, said LESSEE shall carry public indemnity and
property damage insurance on the premises above described in the sum of
TWENTY-FIVE THOUSAND ($25,000) DOLLARS for each person, and FIFTY THOUSAND
($50,000) DOLLARS for each accident, and property damage liability in the
sum of FIVE THOUSAND ($5,000) DOLLARS for each accident, the cost of said
policies to be borne by said LESSEE, but said policies must be written by
companies acceptable to LESSOR and shall cover LESSOR as well as LESSEE,
and said policies shall be filed with the City Clerk of the City of
Beaumont. All of this shall be done prior to LESSEE'S taking possession
of the above described premises under this Lease.
7.
It is understood between the parties hereto that the building
now located upon said leased premises is the property of LESSEE, and that
said building and the leased premises shall be used only in connection
with such business as is incidental to the matters for which LESSEE was
incorporated, and that LESSEE shall at the end or other expiration of the
term hereof deliver up to LESSOR the demised premises in good order and
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condition, provided, however, that LESSEE shall have the right to remove
this or any other buildings or improvements placed upon said premises
during the term of this Lease.
8.
In case of default in any of the aforesaid covenants, the
LESSOR may enforce the performance thereof in any modes provided by law,
and may declare the lease forfeited at its discretion, and the LESSOR
shall have the right, upon SIXTY (60) DAYS' written notice to LESSEE,
to reenter and remove all persons therefrom without being guilty of
any manner of trespass and without prejudice to any remedies for arrears
of rent or breach of covenant, or LESSOR may resume possession of the
premises; in the event LESSEE fails to remove the building or other
improvements from the leased premises within the said SIXTY (60) DAYS,
same shall become the property of LESSOR.
EXECUTED IN DUPLICATE ORIGINALS this the day of
, 1984, by LESSOR, acting by and through its City
Manager, herein duly authorized, and LESSEE acting by and through its
President.
CITY OF BEAUMONT
BY:
-City Manager-
"LESSOR"
ATTEST:
BY:
-City Clerk-
BEAUMONT MUNICIPAL EMPLOYEES' CREDIT UNION
BY:
-President-
"LESSEE"
ATTEST:
BY:
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