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HomeMy WebLinkAboutRES 91-083 9i-".3 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 between Allright Beaumont Company and the City of Beaumont as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this theJ� day of , 1991. - Mayor - THE STATE OF TEXAS COUNTY OF JEFFERSON LEASE AGREEMENT THIS AGREEMENT made and entered into by and between the CITY OF BEAUMONT, Texas, a municipal corporation, hereinafter referred to as "CITY", and ALLRIGHT BEAUMONT COMPANY, a Texas corporation, hereinafter referred to as "ALLRIGHT', witnesseth: CITY, by these presents, leases and lets to ALLRIGHT, subject to the terms and conditions contained herein, the following described property ("leased premises") located in the City of Beaumont, Jefferson County, Texas, to-wit: TRACT ONE: The automobile parking lot located at 600 Main Street within the Civic Center Complex, commonly known as the "North Lot", (containing approximately 400 automobile parking spaces), as shown in Exhibit A. TRACT TWO: The automobile parking lot located at 500 Main Street upon the Art Museum grounds, commonly known as the "Museum Lot", (containing approximately 40 automobile parking spaces), as shown in Exhibit B. TRACT THREE: The automobile parking lot located at 800 Main Street, south of City Hall, commonly known as the "South Lot" (containing approximately 400 automobile parking spaces), as shown in Exhibit A. TRACT FOUR: The automobile parking lot located northwesterly of the intersection of College and Main Streets at the Public Library, commonly known as the "Library Lot" (containing approximately 50 automobile parking spaces), as shown in Exhibit B. 1. This lease is for a term of two (2) years, commencing on the first day of April 1991, and ending on the 31st day of March, 1993, inclusive. 2. Throughout the period of the term of this lease Allright shall operate an automobile parking lot business on the leased premises for the principal use and benefit of the general public and users of the Civic Center Complex of the City of Beaumont, Texas. Allright may employ the usual appurtenances and equipment for the conduct of that business. 2.a As to Tract One only, Allright shall operate a contract and day parking facility Monday through Friday between the hours of 7:00 A.M. and 6:00 P.M. A 1 EXHIBIT "A" parking operation of this type shall be prohibited during all other time periods of this lease. Allright shall reserve the fifteen spaces numbered 179 - 194 for patrons/volunteers of the Art Museum of Southeast Texas and/or the Texas Energy Museum. These fifteen spaces will be exempt from parking fees assessed by Allright. 2.b As to Tract One, Tract Two, Tract Three and Tract Four of the leased premises, or any one or combination of said tracts, Allright shall operate an "Event Service" parking operation during specific periods as requested by the City. Upon at least twenty-four (24) hours notice from the City, Allright agrees to operate all or any combination of the parking tracts as controlled and attended parking lots on any day or days in the lease term as specified in City's said notice. 2.c Notwithstanding anything in this lease to the contrary, Allright's obligation or liability whatever with respect to or on account of the use made of these Tracts shall be limited to those periods specified herein. 3. Either party, upon thirty (30) days' written notice to the other, may withdraw Tract One, Tract Two, Tract Three, or Tract Four, or all of said Tracts, from the provisions of this lease, whereupon Allright shall vacate and surrender such withdrawn Tract or Tracts and rent as to such withdrawn Tract or Tracts shall cease. 4. Either party shall have the right to terminate this lease, effective as of the end of any calendar month, upon thirty (30) days' prior written notice. 5. Allright covenants to pay City for each calendar month in the term of this lease, in addition to a rent of Thirteen Hundred Dollars ($1,300.00) monthly for the privilege of operating the contract/day parking service on Tract One, a "Percentage Rent" of an amount equal to sixty percent (60%) of the Gross Receipts derived during such month from the event service parking operation as required by Civic Center Director. Said rents are to be due not later than fifteen (15) days after the close.of_the-respective calendar month to which such payment relates, without notice. Allrightahall include with the payments a statement of Gross Receipts derived from the contract/day parking operation of Tract One, as well as a written report setting out the amount of Gross Receipts derived from event services during such month from the leased premises (stated separately as to Tract One, Tract Two, Tract Three, and Tract Four). Allright shall direct payments to the City of Beaumont, Attention: Civic Center Director, P. 0. Box 3827, Beaumont, Texas 77704. 5.a "Gross Receipts" as used herein shall mean all amounts paid to and received or collected by Allright from Allright's operations upon the leased premises (including 2 any receipts from the subletting thereof), excluding any and all, sales, use, parking, or other taxes or levies that Allright is or may become obligated by law to collect from its customers, either directly or indirectly, or which are or may be imposed on gross receipts from parking or storing automobiles. 5.b From time to time, upon notice to Allright, City may restrict the parking permitted in Tract One of the leased premises to that related to a Civic Center Complex function or any other special event; provided, however, for every day (or part thereof) that City makes such restrictions, the rent due shall be reduced at the rate of Sixty Five Dollars ($65.00) per day (or part thereof) to a maximum abatement of $1,300.00 per month. 6. Allright agrees to keep adequate and satisfactory records of its use and operation of the leased premises, and City shall have access at all convenient times to any of such records of Allright's Gross Receipts for the purpose of examination and study thereof; and City shall have the right at any reasonable time to audit, or have audited, at City expense, such part of any of the aforesaid records as may directly relate to Allright's Gross Receipts derived from the leased premises. 7. The parking rates to be charged by Allright shall not exceed $1.50 per day per automobile. The foregoing rates are exclusive of any sales, use, parking or other taxes that Allright may be obligated to collect from its customers or which may be assessed with respect to gross receipts derived from the parking operation. 8. Allright shall pay or cause to be paid throughout the term of this lease all taxes and assessments whatsoever levied or assessed against Allright's personal property situated on the leased premises. 9. Allright agrees to take the same care of the leased premises that a reasonable man would take of his own property. City may enter the leased premises at all reasonable times to examine the condition of said property. 10. Allright may place and remove improvements, trade fixtures, and equipment upon the leased premises. Allright shall not display "Allright" or "Allright Parking" site signs on the leased premises; signs displayed on the leased premises shall be limited to information and directions; that is, parking rates, payment procedures, traffic directions, etc. 11. Allright shall at all times during the lease maintain in full force and effect Comprehensive General Liability and Property Damage Insurance including Contractual Liability and Broad Form Coverage with a minimum $500,000 Combined Single Limit. Statutory Worker's Compensation insurance shall also be maintained. With respect to such insurance City shall be named as an 3 t additional insured. Allright shall furnish City with certificates evidencing such insurance to be in force. Allright may maintain such insurance under a blanket policy or policies. 12. All past due rents shall bear interest at ten percent (10%) per annum from date due until paid. All property of Allright placed on the leased premises shall be subject to a lien in favor of City for the payment of all rents or other sums agreed to be paid by Allright. 13. Should it become necessary to collect any rents due hereunder by legal proceedings, Allright agrees to pay an additional amount to cover City's court costs and reasonable attorney's fees with respect thereto. 14. If Allright makes default in the performance of any of obligations hereunder and remains in default with respect thereto for ten (10) days after receipt of notice in writing pointing out such default, or if Allright be declared bankrupt, or if a receiver be appointed for Allright, or if Allright attempts to transfer this lease for the benefit of creditors, City may at its' option declare this lease terminated immediately or at any time thereafter while such default or contingency continues and may thereupon without further notice enter upon the leased premises and take possession thereof. No waiver by City of any breach of any of the covenants to be performed by Allright shall be constructed as a waiver of any other breach of any of the covenants of this lease. 15. Allright shall have no power to do any act or to make any contract that may create or be the foundation for any lien upon the leased premises; should any such lien be created and filed, Allright, at its' own cost and expense, shall liquidate and discharge the same in full within thirty (30) days next after filing thereof. 16. Allright will procure at its' expense such utilities and services as deemed necessary and will pay promptly all charges therefor and will not permit same to accrue against City or the leased premises. 17. Allright agrees to comply with all valid laws, ordinances, codes, and regulations of any governmental authority having jurisdiction, applicable to Allright's occupancy or use of said premises. Allright covenants and agrees to indemnify and hold City harmless from any and all liability or claims for injuries to any person, including death resulting therefrom, or for damage to or destruction of the property of any person which may be sustained on or within the leased premises during any period that Allright is in possession thereof, but not otherwise. 4 ­4 18. City shall not be liable to Allright, its employees, customers, nor the public for any defect in the leased premises,whether existing at the time of Allright's acceptance of same or developing thereafter, nor for any injury or damage that may occur from the elements, and Allright will hold City harmless from all liability or claims with respect thereto. 19. It is agreed and understood that any holding over by Allright of the leased premises after the expiration of this lease shall operate and be construed as a tenancy from month to month at the same rental as due during the last month of the lease term. 20. This agreement shall insure to the benefit of and be binding on the respective parties, their successors and assigns. 21. Any notice which City or Allright may be required or may desire to give to the other shall be in writing and shall be sent by registered or certified mail: To Lessor at: To Lessee at: City of Beaumont Allright Beaumont Company (Attn: City Manager) 227 Main Street P.O. Box 3827 (P. 0. Box 3163) Beaumont, Texas 77704 Beaumont, Texas 77704 IN WITNESS WHEREOF, the parties hereto have executed this lease agreement in multiple originals the day of April, 1991. CITY OF BEAUMONT (Texas) ALLRIGHT BEAUMONT COMPANY By By Ray Riley, City Manager Larry Bergen, Vice President Attest Attest 5