HomeMy WebLinkAboutRES 90-269 i
RESOLUTION
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 with
Neches Valley Producers Association for a term of five (5) years substantially in the form
which is attached hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of �� rte e.}/ , 1990.
- Mayor -
EXHIBIT A,
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON )
LEASE
This Lease Agreement, dated this the day of
, by and between the CITY OF BEAUMONT, a municipal
corporation organized under the laws of the State of Texas, domiciled in Jefferson County,
Texas, hereinafter called "Lessor", and THE NECHES VALLEY PRODUCERS ASSOCIATION, a
corporation with principal offices in Hardin County, Texas, hereinafter called "Lessee".
WITNESSETH:
Lessor, as the sole owner of the premises described below, 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 three hundred thirty-five (335) feet to the
southeast corner of the tract of land herein described;
THENCE west 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 southwest
corner in the said northeasterly right-of-way line of the
G.B. & K.C. (Santa Fe) Railroad;
THENCE north thirty-two degrees eight minutes west
along the said northeasterly right-of-way line of the G.B.
& K.C. (Santa Fe) Railroad four hundred thirty-one and
three hundredths (431.03) feet to a point for northwest
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 four hundred thirty-nine
and sixty-eight hundredths (439.68) feet to a point for
northeast corner, said point being in the west line of
Saint Helena Street;
THENCE south along the present, west line of Saint
Helena Street three hundred sixty-five (365.00)feet to the
Place of Beginning, containing 2.72 acres of land, more
or less; as depicted on the Exhibit "A" attached.
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 Grantor to enter upon, cross, and work
at all times the heretofore described property;
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Exhibit "A"
i
a 1.
The term of this lease shall be for five(5)years, commencing on the 1 st day
of January, 1991, and expiring on the 31st day of December, 1995, upon the following
conditions, obligations and covenants:
2.
In consideration of the mutual covenants and agreements herein set forth,
Lessee agrees to pay to Lessor as rent for said premises the sum of five dollars (55.00), in
advance, for the term of this Lease agreement.
3.
Lessee agrees to operate, maintain and conduct upon the above described
leased premises, a public market for the sale of produce, same to be known as "The Farmers
Market". It is further understood and agreed between the parties hereto that Lessee will use
the leased premises for the aforementioned purpose, unless Lessor shall give Lessee prior
written consent for a different use.
4.
Lessee agrees that only members of its Association residing in the counties
of Chambers, Galveston, Hardin, Jasper, Jefferson, Liberty, Newton, Angelina, Orange, folk,
Tyler, Sabine, and San Augustine, who are bona fide producers of the products he proposes
to sell, will be allowed to sell in this market, except that bona fide producers residing in
counties other than those named may, in the discretion of the Market Master, be permitted to
use the market in times of scarcity of produce on a day-to-day basis, it being understood by
the parties hereto that commercial produce dealers who are not bona fide producers will not
be permitted to sell on this market.
5.
Lessee shall be responsible for the maintenance of the leased premises and
agrees to keep all improvements placed thereon in good repair and in clean condition, and
agrees to keep the parking area clean and properly surfaced at all times. 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
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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 cleared of all buildings,
foundations, rubbish, etc., unless Lessee and Lessor mutually agree to renew this lease
agreement upon expiration thereof.
6.
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.
7.
Lessee shall indemnity and hold Lessor harmless from any and all liabilities,
claims, damages, judgments, injuries, costs, and expenses, including reasonable attorney's
fees for the defense thereof, arising from the conduct or management of Lessee's business or
its use of the leased premises.
8.
Lessee shall carry a policy of comprehensive general liability insurance with
a company acceptable to Lessor, naming the Lessor as an additional insured in the sum of
Five-Hundred Thousand Dollars ($500,000) combined single limit during the entire term of the
contras... The original certificate of insurance shall be filed with the City Clerk of the City of
Beaumont, prior to Lessee's taking possession of the described premises under this lease.
9.
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 sixty (60) days prior to the
effective date of cancellation. It is understood, however, that Lessor will not give notice of
cancellation so that the time of cancellation will occur during the months of June, July, or
August,which is heavy marketing season of said Association. Upon notice of cancellation by
Lessor or at termination of lease in any other manner, Lessee agrees to remove all improve-
ments within forty (40) days or same will become the property of Lessor at Its option.
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10.
It is understood between the parties hereto that Lessor reserves the right at
any and all times to enter said premises or any part thereof for the purpose of constructing,
reconstructing, or maintaining the drainage ditches or drainage structures located on the
leased premises.
11.
Should Lessee hold over the premises, or any part thereof, after the
expiration of the term of this lease, unless otherwise agreed in writing, such holding over shail
constitute and be construed as tenancy from month-to-month only. Inclusion of the preceding
sentence shall not be construed as Lessor's consent for Lessee to hold over.
EXECUTED in duplicate originals, this the _s 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.
LESSOR
THE CITY OF BEAUMONT
BY:
RAY A. RILEY, CITY MANAGER —_.
LESSEE
THE NECHES VALLEY PRODUCERS
ASSOCIATION
BY:
PRESIDENT
WM007 OED
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