HomeMy WebLinkAboutRES 93-081 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
Allright Beaumont Company, in substantially the form attached hereto as Exhibit "X, for
providing parking lot attendants for events and the operation of a park-and-lock facility on
the Civic Center north parking lot.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of , 1993.
r
- 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 know as the "Museum Lot," (containing approximately 40 automobile parking spaces), as
shown in Exhibit A.
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 A.
1. This lease is for a term of two (2) years, commencing on the first day of April 1993, and ending
on the 31st day of March, 1995, 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 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
EXHIBIT "A''
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 leases effective as of the end of any calendar
month, upon thirty (30) days' prior written notice irrespective of the term of this lease.
5. Allright covenants to pay City for each calendar month in the term of this lease for the privilege
of operating the contract/day and Event parking services, an amount equal to sixty percent(60%)
of the Gross Receipts derived during such month from the parking operation. 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. Allright shall 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:Manager of Convention
Facilities, P.O. 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 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.
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 $2.00 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. Parking rates charged for Event Service parking shall be
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subject to the discretion of the Manager of Convention Facilities, provided such rates do not
exceed that as stated above.
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
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.
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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, such
indemnity shall expressly extend to claims alleging negligence on the part of City, its agents,
officers or employees.
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
indemnify and hold City harmless from all liability ortclaims made against City, its officers,
agents or employees 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.O. 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 March, 1993.
CITY OF BEAUMONT (Texas) ALLRIGHT BEAUMONT COMPANY
By By
Ray Riley, City Manager Kevin Matocha, Vice President
Attest Attest
ALLRIGHT.LSE
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