HomeMy WebLinkAboutRES 85-303 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
fifty (50) year lease with the Young Men' s Business League
terminating on December 31, 2036 for the Fair Park or South Texas
State Fair grounds substantially in the form attached hereto as
Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of �,��/ 1985.
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 fifty ( 50) years
beginning January 1 , 1986, and terminating December 31, 2036,
inclusive, unless Lessee exercises its right to renew this lease for
an additional term agreeable by both parties, upon the following
terms, conditions and covenants:
2 .
Lessee shall use the premises for the purpose of
conducting the South Texas State Fair. Should Lessee fail to
conduct the South Texas State Fair on the premises in any one year,
the Lessor shall have an option to terminate this lease agreement
upon giving of sixty (60) days written notice. Lessor' s option to
terminate shall not be exercised if the South Texas State Fair was
not conducted wholly for reasons which are beyond the control of
Lessee.
Exhibit "A"
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"--tor 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 dur-ing`-the term hereof Lessee shall invest
$50,000 or 45% of the prior year' s- revenues from midway shows and,
rides, whichever. :is ,gre-at-er_,, _in Fair._ .Park improveme-nts3 including
the the acquisition of additional real property as shown in Attachment
(A) , and/or any additional. property to be .acquired at future. date .by
agreement of both parties. Said- improvements and property
acquisitions .shall be approved. by City Council. and titles, to said
improvements and said property acquisitions shall be .and remain in
the City of Beaumont. Said real property will be purchased under
the City of -Beaumont' s normal land acquisition process. 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 secuz. ty/-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
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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
y g use.
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
_ Y
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
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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 weary
and tear expected.
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,1 .
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
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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
Beaumont: and-=filed with the City Clerk at least thirty (30) days
prior to-tho- annual_ twenty-nine '(29) day period of this lease.
11.
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 9 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 the 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 .
carnivals 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.
- 5 -
13.
Lessee is hereby granted the option to renew and extend
this lease for an additional term agreeable by both parties
following expiration hereof upon the terms and conditions herein
established. Said option must be exercised in writing on or before
July 1 , 2036. - -
EXECUTED in duplicate originals this the day of
1985, 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.
CITY OF BEAUMONT
By:
City Manager,- Karl Nollenberger
ATTEST: LESSOR
City Clerk, Myrtle Corgey
YOUNG MEN' S BUSINESS LEAGUE
By:
President
ATTEST: LESSEE
By
Secretary
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