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HomeMy WebLinkAboutRES 88-057 EN AA R E S 0 L U T 1 0 N S 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 ten ( 10 ) year lease agreement, a copy of which is attached hereto as Exhibit "A" , with Johnny Haynes for a five (5 ) acre tract of land located on the south side of Roland Road for the purpose of providing a public park. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1988. V Mayor THE STATE OF TEXAS X COUNTY OF JEFFERSON X THIS AGREEMENT OF LEASE, made and entered into, this the day of 1988, by and between Johnny Haynes, hereinafter referred to as Lessor, and the City of Beaumont, Texas, a municipal corporation, in Jefferson County, Texas, hereinafter referred to as Lessee: W I T N E S S E T H• That Lessor does by these presents lease and demise unto Lessee the following described property lying and being situated in the City of Beaumont, County of Jefferson, State of Texas, and being more particularly described as follows: All of Block No. 50 of the Beaumont Improvement Company's Subdivision of the West Half of the H. R. Williams, 1/4 League of land in Jefferson County, Texas, as per map or plat of said subdivision now of record in the office of the County Clerk of said County and State to which reference is made for further description, being 5 acres more or less; for a term of ten (10) years beginning on the day of 19_, and ending on the day of , 19_, to be occupied for public park purposes, yielding and paying therefore the sum of Two Hundred Fifty and No/100 ($250.00) Dollars per year, payable annually in advance upon the following terms, conditions and covenants: I. If the Lessor offers the property for sale at any time within the term of the agreement or within 12 months after any termination of the Lease, the City is hereby granted a right of first refusal to purchase such property. II. Lessee shall pay the rent at Beaumont. Texas, annually in advance as aforesaid, as the same shall fall due. III. Anything herein contained to the contrary notwithstanding, Lessor or Lessee may terminate this agreement of lease upon six (6) months' written notice to the other party. -1- , 1, Exhibit "A" , IV. It is agreed that any and all equipment, machinery, shelters, buildings, and fixtures, and all personal property whether temporary or permanent, erected on said leased premises by Lessee shall remain in the ownership of said Lessee and may be removed at any time during the period of this lease, or at the expiration of this lease, or during any extension thereof, even though the same may be attached to said premises. V. Any notice from Lessor to Lessee relating to the demised premises, or to the occupancy thereof, shall be duly served if addressed to Lessee by United States Certified or Registered Mail, Return Receipt Requested, to the Director of Public Works, P. 0. Box 3827, Beaumont, Texas 77704. Any notice from Lessee to Lessor shall be sent by United States Certified or Registered Mail, Return Receipt Requested, to Mr. Johnny Haynes, 3280 Christopher Road, Beaumont, Texas 77708. VI. The agreement, conditions, covenants and terms herein contained, shall in every case, apply to, be binding upon, and inure to the benefits of the respective parties hereto, their heirs, executors, administrators, successors and assigns, with the same force and effect, as if specifically mentioned in each instance where a party hereto is named, provided, however, that no assignment or under-letting by Lessee in violation of the provisions of this lease, shall vest in any such assignee or undertenant any right or title in or to the leasehold estate hereby created. IN TESTIMONY WHEREOF, the parties to this agreement have hereunto set their hands to duplicate originals, the day and year first above written. -2- EXECUTED this the day of 19 JOHNNY HAYNES By: ATTEST: Johnny Haynes "Lessor" CITY OF BEAUMONT By: Albert E. Haines ATTEST: City Manager "Lessee" Rosemarie Chiappetta City Clerk -3-