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HomeMy WebLinkAboutRES 93-151 4� -�?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 with BUILD, Inc. to allow the City of Beaumont the use of the remaining 617 acres of Colliers's Ferry property. PASSED BY THE CITY COUNCIL of the City of Beaumont this the aft?" day of 940-c-.4— , 1993. - Mayor - THE STATE OF TEXAS LEASE AGREEMENT COUNTY OF JEFFERSON This Lease Agreement is made and entered into by and between BUILD, INC., a non-profit corporation of Jefferson County,Texas,hereinafter called"Landlord", and The City of Beaumont, Jefferson County, Texas, hereinafter called "Tenant". In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Landlord does hereby demise and lease to Tenant, and Tenant does hereby lease from Landlord, certain real property more fully described on Exhibit "A" attached hereto hereinafter called the "leased premises". ARTICLE 1. TERM OF LEASE 1.1 The term of this Lease shall commence on the 1st day of July, 1993, and end on July 1, 1998. All applicable provisions of this Lease shall be fully effective and enforceable from and after the date of execution of this Lease. This lease may be extended on a month to month basis after the end of the primary term at the option of Tenant. The Tenant shall be obligated to exercise the right to purchase set out in Article 8 in this lease at the end of the primary term or any extended term. The Tenant may exercise it's right to purchase the property at any time during the term of the lease as provided for in Article 8 and Landlord shall be obligated to honor these rights. ARTICLE 2. RENT 2.1 Tenant agrees to pay, without any prior demand therefor, and without any deduction or setoff whatsoever, as rent each year for the entire term of this Lease a sum equal to the ad valorem taxes assessed on the property. This amount is to be paid directly 1 to the taxing entities in satisfaction of tenants rental obligations. Such payment shall be prorated as to any part of the year, such that Landlord will have no liability for such taxes. ARTICLE 3. BUSINESS 3.1 Tenant shall use the leased premises only for the use and purposes for which it is let, to-wit: Municipal uses. Tenant will comply, and will cause its employees, agents, and invitees to comply,with all applicable laws and ordinances and with all rules and regulations of governmental agencies. ARTICLE 4. MAINTENANCE AND SURRENDER 4.1 Tenant shall throughout the Lease term maintain the leased premises and keep it secure and free from waste or nuisance. 4.2 Tenant agrees to pay for any environmental clean-up that may be directed to be performed on the leased premises by any governmental agency or official. ARTICLE 5. OBLIGATIONS OF LANDLORD AND TENANT 5.1 Tenant shall pay all utility charges for water, garbage collection, sewer service, electricity, heat, gas, power used in and about the leased premises, and any and all other utilities, either public or private, consumed by Tenant in and about the leased premises, all such charges to be paid by Tenant to the utility company or municipality furnishing the same, before the same shall become delinquent. 5.2 Conditioned on Tenant's performance of each and every condition, obligation and duty of Tenant, the prompt payment of all sums to be paid by Tenant, and so long as Tenant is not in default under any provision hereof, Landlord warrants that Tenant shall peaceable and quietly enjoy the leased premises without disturbance from 2 Landlord. 5.3 Should Tenant default as to any of its obligations hereunder Tenant will accept transfer of the ownership of the leased premises by Special Warranty Deed from Landlord. ARTICLE 6. INSPECTION BY OWNER 6.1 Tenant shall permit Landlord and his agents to enter into and upon the leased premises at all reasonable times, for the purpose of inspecting the same. ARTICLE 7. ASSIGNMENT AND SUBLEASE 7.1 Neither Tenant nor Tenant's legal representatives or successor in interest by operation of law or otherwise shall assign this Lease, or any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege pertinent thereto, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Any assignee approved by Landlord must assume in writing all of Tenant's obligations under this Lease, and Tenant shall remain liable for each and every obligation under this Lease. 7.2 Landlord shall not assign any or all of its interest under the terms of this Lease. ARTICLE 8. RIGHT TO PURCHASE 8.1 Landlord hereby grants to Tenant the right,upon Tenant's demand or 3 at the end of the term of this lease to purchase the leased premises for one dollar ($1.00). Upon exercise of Tenant's rights to purchase Landlord agrees to execute a Special Warranty Deed to the leased premises transferring title to Tenant. The deed will transfer only that title acquired by Landlord. Tenant will provide the deed for execution by Landlord. ARTICLE 9. MISCELLANEOUS 9.1 All notices provided to be given under this Agreement shall be given by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the proper party, at the following addresses: Landlord: BUILD, Inc. 550 Fannin Street Beaumont, Texas 77701 Tenant: Ray A. Riley City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 Any notice given in accordance with this Paragraph shall be deemed delivered on delivery if personally delivered or upon deposit in the custody of the United States Postal Service if mailed. Either party hereto may change its address for the purpose hereof by sending notice of such change to the other party in accordance herewith. 9.2 The Tenant agrees to the extent the law allows to indemnify and hold Landlord harmless for any suit, claim or cause of action which arises from the Tenant's use of the leased premises, to defend landlord in any such event and pay any damages awarded against landlord resulting from such suit, claim or cause of action. 4 9.3 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators,legal representatives, and successors, unless otherwise herein provided. 9.4 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Jefferson County, Texas. 9.5 In case any one or more of the provisions contained in this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 9.6 This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 9.7 No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 9.8 The rights and remedies provided by this Lease Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinances, or otherwise. 5 i f 9.9 No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this Lease shall be deemed to be waiver or any other breach of the same or any other term, condition, or covenant contained herein. 9.10 In the event Landlord or Tenant breaches any of the terms of this Agreement whereby the party not in default employs attorneys to protect or enforce its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attorney's fees so incurred by such other party. 9.11 Neither Landlord nor Tenant shall be required to perform any term, condition, or covenant in this Lease so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, shortage of unavailability of labor or materials, civil riot, floods, and any other cause not reasonably within the control of Landlord or Tenant and which by the exercise of due diligence Landlord or Tenant is unable, wholly or in part, to prevent or overcome; provided, however, that nothing contained herein shall be construed as allowing a delay in the payment of any sum of money due hereunder for rent or for any other purpose or a delay due to the inability of any party hereto to meet its financial obligations. 9.12 Time is of the essence of this Agreement. 9.13 This Lease and Tenant's leasehold interest under the Lease shall be subordinate and inferior to any lien or encumbrance currently on the leased premises and to all advances made under any such lien or encumbrances, to the interest and any other charges payable on or under any such lien or encumbrance, and to any and all renewals and 6 extensions of such liens or encumbrances. 9.14 Words of any gender used in this Lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and the plural to include the singular. ARTICLE 10. RECORDING 10. This lease shall be recorded in the Real Property Records of Jefferson County as a part of the closing of the Landlord taking title to the property defined as the leased premises described in Exhibit "A". EXECUTED, this the day of , 1993. BUILD, INC. LANDLORD: President TENANT: The City of Beaumont City Manager 7 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared RAY A. RILEY, City Manager of the City of Beaumont, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this day of A. D., 1993. Notary Public in and for the State of Texas 8 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared _ of BUILD, INC., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this day of A. D., 1993. Notary Public in and for the State of Texas 9