HomeMy WebLinkAboutRES 93-167 CI,
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 an amendment to the
lease with Beaumont Municipal Employees' Credit Union,in substantially the form attached
as Exhibit 1", providing additional property for the construction of a parking lot extension
as depicted in Exhibit 'B" attached.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the a 7a day
of , 1993.
- Mayor -
MODIFICATION OF LEASE
STATE OF TEXAS §
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENCES:
This supplemental agreement is entered into on this day of , 1993,
by and between the City of Beaumont, a municipal corporation domiciled in Jefferson
County,Texas,referred to as"lessor"in this agreement, and Beaumont Municipal Employees
Credit Union, a corporation organized under the laws of the State of Texas of Jefferson
County, Texas, referred to as "lessee" in this agreement.
WITNESSETH:
WHEREAS, on the 11th day of November, 1987 lessor and lessee entered into a written
lease agreement, referred to in this agreement as the "lease", covering approximately .145
acres of land. The lease is attached to this agreement as Exhibit "A' and made a part
hereof as if copied herein verbatim; and,
WHEREAS, it is the desire of the parties to modify the lease agreement to include
additional property for the construction of a parking lot extension.
IT IS THEREFORE AGREED:
1.
For valuable consideration received by lessor the lease agreement is modified to
reflect that lessor does hereby demise and lease to lessee and lessee does hereby lease from
lessor certain real property more fully described in Exhibit "B" attached hereto hereinafter
called the "leased premises".
2.
It is expressly agreed by the parties that this agreement is supplemental to the lease
of November 11, 1987 which is made a part by reference and all terms conditions provisions
of the original lease, unless specifically modified, shall continue in full force and effect.
EXHIBIT "1"
IN WITNESS WHEREOF the parties have executed this supplemental agreement
at Beaumont, Jefferson County, Texas, that day and year first above written.
CITY OF BEAUMONT
BY:
Ray Riley
City Manager
BEAUMONT MUNICIPAL EMPLOYEES
CREDIT UNION
BY:
President
5
THE STATE OF TEXAS 1
COUNTY OF JEFFERSON 1
' This Lease Agreement, dated this the day of
Aloyek4h , 19 f f by and between the City of
Beaumont, a municipal corporation domiciled in Jefferson County,
Texas, Lessor, and Beaumont Municipal Employees' Credit Union, a
corporation organized under the laws of the State of Texas of
Jefferson County, Texas, Lessee;
W I T N E S S E T H :
Lessor does, by these presents, lease and let unto the
said Lessee the following described property, to-wit:
Beginning at the southwest corner of that certain
16.143 acre tract of land out of the James Drake
Survey, Beaumont, Jefferson County, Texas, conveyed by
Neches Lumber and Building Company to the City of
Beaumont by deed dated August 24, 1945, recorded in
Volume 575, page 494 in the Deed Records, Jefferson
County, Texas, said point being in the east line of
Pine Street;
Thence North 07 degrees 39 minutes 30 seconds Hest
along the said east line of Pine Street, four hundred
twenty-nine and fifty-seven hundredths (429.57) feet to
the beginning corner of this description;
Thence North" 07 degres 39 minutes 30 seconds Nest
continuing along the said east line of Pine Street
twenty-six and three hundredths (26.03) feet to corner;
Thence North 37 degrees 58 minutes West along the east
line of Pine Street thirty-nine and thirty-five
hundredths (39.35) feet to corner;
Thence North 82 degrees 20 minutes 30 seconds Fast one
hundred nineteen and eighty-five hundredths (119.85)
feet to corner;
Thence South 07 degrees 39 minutes 30 seconds East
sixty (60) feet to corner;
Thence South 82 degrees 20 minutes 30 seconds Hest one
hundred (100) feet to the place of beginning;
The above-described tract contains 0.135 acres of land,
more or less;
for a terra of ten (10) years beginning on the 1st day of October,
1987 and ending on the 30th day of September, 1997 upon the
following conditions, obligations and covenants:
EXHIBIT "A"
1 .
Lessee agrees to pay Lessor, at the City Hall, as
rental for the leased premises for the term hereof, the sum of
One Dollar ($1 .00) per year payable annually in advance, the
r
first annual payment to be due on the 1st day of,October, 1987,
and a like annual payment to be due on the 1st day of October of
each year thereafter.
2.
Lessee shall promptly execute and fulfill all the
ordinances of the City of Beaumont applicable to said premises,
and all orders and requirements imposed by the Health, Sanitation
and Police Departments for the correction, prevention and
abatement of nuisances in, upon or connected with said premises
during the said term of this lease, at its own expense.
3.
Lessee shall not assign this agreement or sublet the
premises or any part thereof without the written consent of the
Lessor in writing.
4.
It is mutually understood and agreed between the
parties hereto that either party shall have the right to cancel
this lease at any time, for any reason whatsoever. In the event
either party desires to cancel this lease during the term
hereof, said party shall give notice in writing to the other
party of its intention to cancel said lease, and this lease shall
be deemed null and void and cancelled as of six (6) months from
ti
date of written notice, and Lessee agrees to vacate and surrender
back to Lessor said leased premises within said six (6) months'
period, it being understood that Lessee shall have the option to
remove any buildings erected on said premises, provided, however,
that same shall be removed within said six (6) months' period.
Should Lessor exercise its option to cancel the lease prior to
September, 1997, it shall, at the option of Lessee, be required
to provide alternate space to the Lessee.
2 -
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5.
It is expressly agreed and understood that at the
expiration of the term of this lease, Lessee shall have the
exclusive option of renewing this lease for an additional five
(5) year period, upon terms and conditions to be agreed upon by
the parties hereto, provided, however, that written notice of its
intention to exercise this option must be given Lessor in writing
at least ninety (90) days prior to the expiration of this lease.
6.
Lessee shall indemnify, save and keep harmless the
Lessor from all liabilities, claims, damages, judgments,
injuries, costs and expenses, which may, in any manner, come
against Lessor in consequence of or result from any operations
that Lessee may conduct or carry on on the leased premises,
specifically including liabilities arising from alleged
negligence of Lessor. Lessee shall carry an owners, landlord's
and tenant's policy with a combined single limit of liability of
One Hundred Thousand Dollars ($100,000), the cost of said
policies to be borne by said Lessee but said policies must be
written by companies acceptable to Lessor and shall cover Lessor
as well as Lessee, and said policies shall be filed with the City
Clerk of the City of Beaumont. All of this shall be done prior
to Lessee's taking possession of the above-described premises
under this lease.
7.
It is understood between the parties hereto that the
building now located upon said leased premises is the property of
Lessee, and that said building and the leased premises shall be
used only in connection with such business as is incidental to
the matters for which lessee was incorporated, and that Lessee
shall, at the end or other expiration of the term hereof, deliver
up to Lessor the demised premises in good order and condition,
provided, however, that Lessee shall have the right to remove
this or any other buildings or improvements placed upon said
premises during the term of this lease.
3 _
y
8�
In case of default in any of the aforesaid covenants,
the lessor may enforce the performance thereof in any modes
provided by law, and may declare the lease forfeited at its
' discretion, and the Lessor shall have the right; upon sixty (60)
days' written notice to Lessee, to reenter and remove all persons
therefrom without being guilty of any manner of trespass and
without prejudice to any remedies for arrears of rent or breach
of covenant, or Lessor may resume possession of the premises; in
the event Lessee fails to remove the building or other
improvements from the leased premises within the said sixty (60)
days, same shall become the property of Lessor.
EXECUTED IN DUPLICATE ORIGINALS this the day of
,A&e" , 19�, by Lessor, acting by and through
its City manager, herein duly authorized, and Lessee acting by
and through its President.
CITY OF BEAUI4ONT
By:
Albert E. Haines
City Manager
AJTT211ST:
�- "LESSOR"
Rosemaf ie Chiappeftfit
City Clerk
BEAUMONT MUNICIPAL EMPLOYEES'
CREDIT UNION
By'
Preside t
ATTEST: fi
QA LO A 4 "LESSEE"
4 -
t
®Pp \ CREDIT UNION
PARKING EXTENSION
LEGEND
EXIST, 6' CHAIN LINK FENCE EXISTING
v A,C, UNITS
d/ PROPOSED
/
CREDIT UNION
BUILDING CONSTRUCTION NOTES
3i4� j•P, // 1. ALL CONCRETE 3000 P.S.I. MINIMUM
2. EXPANSION JOINTS @ TIE INTO EXISTING
CONC, & @ EACH 60 L.F. OF SPAN.
x o a 3. SAW & SEAL EVERY 15 L.F. & @ EXPANSION
~ z JOINTS.
Pp d COVERED
WOOD 4. ALL EXCESS MATERIALS TO BE HAULED.
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y EX. CONCRETE PARKING PARKING X
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PROP. STALLS PROP, STALLS
5 @ 9'=45' 5 @ 9'=45'
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26.13 _ 6•>a PROP. fE n
SYC4MpR�
cn CURB STops
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VATER TREATMENT
ENTRANCE PLANT