HomeMy WebLinkAboutRES 90-174 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
five (5) year lease agreement in substantially the form attached
hereto as Exhibit "B" with the Gold Coast Fine Arts Association for
a . 60 acre tract of City owned property as shown on Exhibit "A"
attached hereto.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the ,eX day of a�• , f , 1990.
- Mayor -
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.60 acre
LEASED TO GULF COAST
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FINE ARTS ASSOCIATION
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! ►. EXHIBIT "All
X H I B I T B "
THE STATE OF TEXAS X
COUNTY OF JEFFERSON
This Lease Contract, dated this the day of
by and between the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson
County,Texas, hereinafter called"Lessor", and GOLD COAST FINE ARTS ASSOCIATION,situated
in Jefferson County, Texas, hereinafter called "Lessee",
WITNESSETH:
Lessor does, by these presents, lease, let and demise unto Lessee the
following described property, to-wit:
For locative corner begin at the Intersection the northeast-
erly 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 eight minutes (32 008')
west along the said northeasterly right-of-way line of the
G.B. & K.C. (Santa Fe) Railroad one hundred ninety-five
and sixty hundredths (195.60) 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 pur-
poses 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
on the described property; for a primary term of five (5)
years, beginning on the 21 st day of September, 1990, and
ending, on the 21st day of September, 1995 upon the
following conditions, obligations and covenants:
1
Exhibit "B"
1.
Lessee agrees to pay to Lessor as rent for said premises the sum of One
Dollar ($1) per year in advance, at the City Hall in Beaumont, Texas.
2.
This lease shall be for a primary term of 5 years commencing on the first day
after the last day of the previous lease between the parties. At the end of the primary term, this
lease shall automatically renew for additional one year terms under the same conditions as this
lease until the lease is terminated in accordance with paragraph 8 hereof.
3.
Lessee shall operate, maintain and conduct upon the premises above-
described, a meeting place for the Gold Coast Fine Arts Association.
4.
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 Lessor in a,clean condition and
clear of all buildings, foundations, rubbish, etc.
5.
It is agreed and understood that Lessee shall have the right to place on said
lease 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 this term may
be removed by Lessee.
6.
It is specifically agreed by the parties hereto that the sale of beer, wine, and
other liquors is prohibited on said premises.
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7.
Lessee shall indemnify and hold harmless the Lessor from all liabilities, claims,
damages, judgments, injuries, costs, and expenses incurred against Lessor, including those
claims, damages, judgments, injuries, costs and expenses arising from Lessor'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 $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 Lessor, and shall cover Lessor 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.
8.
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 Lessor 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 Lessor at its option.
9.
It is understood between the parties hereto that Lessor 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 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
, 1990 by Lessor, 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: -
RAY A. RILEY, CITY MANAGER
LESSOR
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