HomeMy WebLinkAboutRES 92-227 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 the
University of Texas Medical Branch at Galveston for approximately 8,200 square feet of office
space at 950 Washington Boulevard, substantially in the form attached hereto as Exhibit "A"
and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day
of 1992.
- Mayo -
STATE OF TEXAS
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS
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LEASE AGREEMENT
THIS CONTRACT AND LEASE made and entered into in quintuplicate originals this, the
day of , 1991, by and between the City of Beaumont, Texas, hereinafter known
as Lessor, and the University of Texas Medical Branch at Galveston, a component of The University of
Texas System, a state agency, on behalf of its Department of Obstetrics and Gynecology, hereinafter
known as Lessee.
WITNESSETH that Lessor in consideration of the rents to be paid and of the covenants
herein contained on the part of the Lessee to be kept, observed, and performed has demised and leased,
and by these presents does hereby demise and lease, unto the Lessee the following described property
and premises and also as described in Exhibit'Am attached hereto,hereinafter known as leased premises,
and made a part hereof:
Approximately 8200 useable square feet of City office space in the
property located at 950 Washington Boulevard in Beaumont, Texas.
1.
The term of this Lease shall commence upon Lessor's occupancy and possession of
leased premises and extend for sbcty (60) months unless sooner terminated as hereinafter provided.
Lessor and Lessee will execute a letter establishing the date of occupancy of the leased premises. If no
such letter is executed then the lease term shall commence within thirty (30) days of the City's issuance
of a Certificate of Substantial Completion to the contractor for renovations.
Lessee agrees to utilize the leased premises for the provision of maternity and family
planning services.
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2(a) Upon the date of occupancy of the leased premises the lessee shall remit the sum
Of SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000) to Lessor.
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EXHIBIT "A"
2(b) Lessee agrees to pay Lessor FIFTEEN HUNDRED AND NO/100 DOLLARS($1,500)
per month as rent for said premises for the first 12 months of this Lease. During the first 12 months of
this Lease, Lessor will pay all charges for utility service. Should the lease term be terminated as herein
provided, other than by lapse of time, all of Lessee's obligation to pay rent under the terms of this Lease
shall be made only to the date of such termination.
2(c) For the 13th month of this Lease and for every month thereafter during the term
of this Lease, Lessor shall submit to Lessee monthly statements for the cost of those utilities billed to
Lessee based on the prorated useable square footage of the building occupied by Lessee accompanied
by an affidavit as required by law. Lessee shall be responsible to pay, by the applicable due date, for
those utilities metered directly and prorated to the 8200 square feet of leased premises. Notwithstanding
anything to the contrary in paragraph 7 below, Lessee will be assessed costs of reasonably necessary
and appropriate maintenance and repairs provided that Lessee approves such assessment in advance.
Lessor agrees to submit statements for the cost of maintenance and repairs.
2(d) Should the lease term be terminated as herein provided, other than by lapse of
time, all of Lessee's obligation to pay rent under the terms of this Lease shall be made only to the date
of such termination. Should the Lessor furnish less or provide greater space than is provided on its
proposal, the total monthly rental shall be adjusted proportionally.
3.
Lessor hereby agrees that all payments for rent and utilities shall be made to Lessor in
the following manner:
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
4.
4(a) Lessor agrees that all invoices for rent and utilities(and arty reasonably necessary
and appropriate maintenance)to be borne by Lessee and all written notices shall be made to Lessee in
the following manner.
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For invoices: Department of Obstetrics & Gynecology
The University of Texas Medical Branch
at Galveston
Galveston, Texas 77550
For written notices: Office of the Executive Vice President
The University of Texas Medical Branch
at Galveston
Suite 621, Administration Building
Galveston, Texas 77550
4(b) Lessee is responsible for the installation, maintenance and all costs associated
with its telephone system. The leased premises are leased without a telephone system.
5.
Restrooms, elevators, stairs, hallways, lobbies, parking lots, courtyards, walkways, and
all other common areas of the building are for the joint use of Lessee and the other occupants of the
building. Lessee and its officers, employees, agents, and invitees will use such common areas in a
reasonable, orderly, and sanitary manner in cooperation with all other tenants and their officers,
employees, agents and invitees.
6.
Lessor covenants and agrees to pay all taxes of whatever nature, levied and assessed
and to be levied or assessed, on or against the leased property and improvements during the term of the
Lease; and to keep the leased premises, property and buildings in good repair and condition during the
continuance of the term of this Lease,said maintenance to cover parking and grounds,exterior walls,roof,
and common areas. Lessee agrees to be responsible for the janitorial services,and utility operating costs
within the 8200 square feet of leased premises.
7.
It is further understood and agreed that if the Lessor does not maintain the premises and
all appurtenances thereto, as heretofore specified, in reasonably good repair, reasonable wear and tear
excepted, the Lessee shah notify the Lessor in writing in reference thereto by registered mail. If, within
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thirty (30) days after such notice has been mailed to the Lessor, said Lessor fails to take steps to remedy
the grievances specified, the Lessee may terminate this Lease by notice in writing to the Lessor.
8.
Lessor further covenants that it will place Lessee in possession of said premises free from
any claims of all parties in possession and of third parties claiming rights in and to the use of said
premises, and that Lessor has a good and clear title to the demised premises. Lessor warrants and
defends unto Lessee against the claims of all persons to the leasehold interests of the Lessee.
9.
On termination of this Lease, by lapse of time or otherwise, Lessee may, within a
reasonable time thereafter, at its option and expense, remove from said premises any and all
improvements, equipment, appliances or other property placed or owned by it thereon; and shall deliver
up said premises and property to Lessor in as good order and condition as they now are, or may be put
by the Lessor, provided however, that reasonable use, ordinary wear and tear, depreciation, damages,
or destruction by fire or the elements or unavoidable casualty and repairs, and replacements, for which
the Lessor is obligated, are expected.
10.
If during the term of this Lease, said premises, or any portion thereof, shall be
condemned for any public purpose, Lessee shall have the option of terminating and canceling this Lease
upon thirty (30) days notice to Lessor of its election so to do.
It is mutually agreed between the Lessor and Lessee that if said building and premises
shall, during the term of this Lease or previous thereto, be slightly damaged by fire or any other cause
or causes, the same shall be promptly repaired by the Lessor. But, if said building and premises be so
damaged as to render said premises unfit for occupancy,then, and from the date of such damage, this
Lease shall cease and be void; and rent and other obligations hereunder shall be due and payable only
to the date of such damage.
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12.
Lessor shall not be liable to Lessee for damage or loss to personal property unless such
loss or damage is caused by negligence of Lessor.
13.
Lessee shall indemnify City in the event Lessee shall be in default in the payment of
rentals or other charges hereunder or shall otherwise breach its covenants or obligations hereunder, and
shall be and remain in default for a period of thirty (30) days after notice from Lessor to it of such default,
Lessor shall have the right and privilege of terminating this Lease and declaring the same at an end, and
of entering upon and taking possession of said premises, and shall have the remedies now or hereafter
provided by law for recovery of rent, repossession of the premises and damages occasioned by such
default.
14.
In the event Lessor shall breach or be in default in the performance of any of the
covenants or obligations on it herein imposed, and shall remain in default for a period of thirty (30) days
after notice from Lessee to it of such default, Lessee shall have the right and privilege of terminating this
Lease and declaring the same at an end, and shall have the remedies now or hereafter provided by law
for recovery of damages occasioned by such default.
. 15.
Lessee acknowledges that in the event the Lessor constructs a new health care facility
during the initial tern of this lease, this agreement will be subject to termination or opened for
renegotiation at the option of the Lessor.
16.
This Lease may be renewed and extended by mutual written agreement for an additional
five (5) year term at the same rental and under the same conditions as this lease. Either party may
terminate the agreement after the initial five (5) year term upon six (6) months written notice.
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17.
Lessor and Lessee agree that upon termination for any reason of the agreement titled
'Agreement for Maternity and Family Planning Services', a copy of which is attached as Exhibit B, this
Lease shall hereby terminate.
18.
The failure of the Lessee or Lessor to insist in any one or more instances on a strict
performance of any of the covenants of this Lease shall not be construed as a waiver or relinquishment
for the future of such covenant or option, but the same shall continue and remain in full force and effect.
19.
This agreement and each and all of its covenants, obligations and conditions hereof shall
insure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns
of Lessor, and the successor in office of Lessee.
20.
This Lease shall be effective as of the date The University of Texas Medical branch at
Galveston on behalf of its Department of Obstetrics and Gynecology executes this Lease. All proposals,
negotiations, notices, and representations with reference to matters covered by this Lease are merged
in this instrument and no amendment or modification thereof shall be valid unless evidenced in writing
and signed by both parties.
EXECUTED this day of 1992
LESSOR
CITY OF BEAUMONT
By:
ATTEST Ray A. Riley
City Manager
LESSEE
THE UNIVERSITY OF TEXAS
MEDICAL BRANCH AT GALVESTON
By:
E. J. Pederson
Executive Vice President
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