HomeMy WebLinkAboutRES 85-255 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 enter
into a five ( 5 ) year lease contract with the Gold Coast Fine Arts
Association, a copy of which is attached hereto as Exhibit "A" , for
the area adjacent to the Farmers Market on Saint Helena Street.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
theQ,t/ day of 1985.
Mayor -
J-
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Lease Contract, dated this the day of
, 1985, by and between the CITY OF BEAUMONT,
a municipal corporation domiciled in Jefferson County, Texas,
hereinafter called "Owner", and GOLD COAST FINE ARTS ASSOCIATION,
situated in Jefferson County, Texas, hereinafter called "Lessee",
W I T N E S S E T H:
Owner does, by these presents, lease, let and demise unto
Lessee the following described property, to-wit:
For locative corner begin at the Intersection of
the northeasterly right-of-way line of the G.B. &
K.C. (Santa Fe) Railroad and the present west
line of Saint Helena Street;
THENCE north along the said present west line of
Saint Helena Street one hundred seventy (170)
feet to the beginning corner of the tract of land
herein described;
THENCE west along a line perpendicular to said
present west line of Saint Helena Street one
hundred six and seventy-eight hundredths (106.78)
feet to a point for corner in the said
north-easterly right-of-way line of the G.B. &
K.C. (Santa Fe) Railroad;
THENCE north thirty-two degrees 08 minutes
(32°08' ) west along the said northeasterly
right-of-way line of the G.B. & K.C. (Santa Fe)
Railroad three hundred ninety-five and sixty
hundredths (395.60) feet to a point for corner
said point being in the right-of-way line of the
G.B. & K.C. (Santa Fe) Railroad;
THENCE east along a line perpendicular to said
present west line of Saint Helena Street two
hundred ten and forty-two hundredths (210.42)
feet to a point for corner, said point being in
the west line of Saint Helena Street;
THENCE south along the present, west line of
Saint Helena Street one hundred sixty-five.
(165.00) feet to the Place of Beginning,
containing 0.60 acre of land, more or less;
SAVE AND EXCEPT out of the above described
property a twenty (20) foot drainage easement for
storm sewer purposes adjacent to and continuing
along the Railroad right-of-way that adjoins the
above described property, with the right of Owner
to enter upon, cross, and work at all times the
heretofore described property;
' Exhibit "A"
for a term of five (5) years, beginning on the 21st day of
September, 1985, and ending on the 20th day of September, 1990,
upon the following conditions, obligations and covenants:
1.
Lessee agrees to pay to Owner as rent for said premises
the sum of One Dollar ($1) per year in advance, at the City Hall in
Beaumont, Texas.
2.
Lessee shall operate, maintain and conduct upon the
premises above-described, a meeting place for the Gold Coast Fine
Arts Association.
3.
Lessee shall be responsible for the maintenance of the
leased premises and agrees to keep all improvements placed thereon
in a good state of repair and in a clean condition, and agrees to
keep the parking area clean at all times and properly surfaced so
as to be usable. Lessee shall be responsible for the conduct of
each member of the Association and the public while on said
premises and will insist on each member observing all the
ordinances of the City of Beaumont and the laws of the State of
Texas, and, upon their failure to do so, will revoke their rights
under this lease. Lessee agrees to pay all charges for water, gas,
electric power, and other utilities incurred during the term
hereof, and at the expiration of this lease, Lessee shall deliver
the premises described herein to Owner in a clean condition and
cleared of all buildings, foundations, rubbish, etc.
4.
It is agreed and understood that Lessee shall have the
right to place on said leased premises such improvements as are
reasonably necessary, said improvements to be the responsibility of
Lessee and to remain the property of Lessee, and at the expiration
of this term may be removed by Lessee.
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5.
It is specifically agreed by the parties hereto that the
sale of beer, wine, and other liquors is prohibited on said
premises.
6.
Lessee shall indemnify, save and keep harmless the Owner
from all liabilities, claims, damages, judgments, injuries, costs,
and expenses which may come against Owner, including those claims,
damages, judgments, injuries, costs and expenses arising from
Owner's negligence or in consequence of or resulting from any
operation that Lessee may conduct on the leased premises, and
Lessee shall carry public liability insurance on the premises
above-described in the sum of $200,000 - $500,000, and property
damage liability in the sum of $25,000; the cost of said policies
to be borne by said Lessee, but said policies must be written by
companies acceptable to Owner, and shall cover Owner as well as
Lessee, and a certificate of said insurance shall be filed with the
City Clerk of the City of Beaumont; all of which shall be done
prior to Lessee's taking possession of the above-described premises
under this lease.
7.
It is mutually agreed and understood between the parties
hereto that either party to this lease shall have the right to
cancel same for any reason whatsoever by giving the other party
notice in writing of its intention to cancel at least ninety (90)
days prior to the effective date of cancellation. Upon notice of
cancellation by Owner or at termination of lease in any other
manner, Lessee agrees to remove all improvements within forty (40)
days or same will become the property of Owner at its option.
8.
It is understood between the parties hereto that Owner
reserves the right to use and maintain the drainage ditches or
drainage structures located on said premises, and further reserves
the right, in the event it becomes necessary to use any part of the
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leased premises for street purposes or the widening of any streets
along the boundaries thereof, to make said street improvements and
to change the description of the leased premises accordingly.
EXECUTED in duplicate originals, this the day of
, 1985, by Owner, acting herein by and
through its City Manager, hereunto duly authorized, and Lessee,
acting herein by and through its President.
THE CITY OF BEAUMONT
By:
City Manager
ATTEST:
OWNER
- City Clerk -
THE GOLD COAST FINE ARTS
ASSOCIATION
By:
President
ATTEST:
LESSEE
- Secretary -
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