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Home My WebLink AboutRES 94-191 7 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a lease agreement with the State of Texas for coastal public lands located on the Neches River at Riverfront Park. The lease agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of (�C� 1994. 1V - Mayor - Austin, Z1rX % LEASE CN COASTAL PUMIC MIDIS LASE NO. CL 880016 STABS OF 'IBS § K\UW ALL 14EN BY ` MSE PRESENTS: CXXNIY OF JEFFERSCK § (1) By virtue of the authority granted by Texas Natural Resources Code, Chapter 33 (Verne 1978) , and by, Title 31, Texas Administrative Code, Chapter 155 (West, 1994) , subject to ail rules and regulations prnnulgated pursuant thereto and all other applicable statutes and a Mcdrents to the 'IEDGs Natural Resournes�Code,L S= OF TOM, hereinafter called C?ANIC7R, acting by and thrrugh Board and its Chairman, Garry Mauro, cmmissimer of the General Land Office, hereby grants to City of Beatmcut, P.O. Box 3827, Beatmmt, Texas 77704-3827, hereinafter called CRANM, a lease for a public pier on crustal public lands in Jefferson C7olmty, Texas, described as follows: Neches River, adjacent to littoral property known as Tract 2, being 4.154 acres, and Tract 3, being 1.125 acres, out of the Noah Tv--vis Survey, Abstract 52. 'Ib be encu&ere3 by: An existing public pier consisting of a 6' x 11' (66 sq.ft.) walkway accessing a 13' x 378' (4,914 sq.ft..) walkway with a (20' x 29'1/2 (290 sq.ft.) covered triangular deck situated midway along the walkway, carprising a total encumbrance of 5,270 square feet, as depicted in Exhibits A, B, and C attached hereto and made a part of this contract. (2) This lease is for a total period of five (5) years, beginning on 18th day of April 1994 unless the saire be renewed, extended, milled, or changed by the proper official of the State of 'Texas as authorized by law. EXHIBIT "A" (3) As consideration for the granting of this lease, Q2ANi'EE agrees to pay to the C auniissiorer of the Texas General Iand office at Austin, Texas the spun of IVwrty- five and no/100 Dollars ($25.00) as the filing fee, with no other fee required. (4) In addition to the rental., (FAME shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the ]and or the inprovements ccalstructed upon the leased premises, provided that such taxes result from this lease. CRMUEE shall pay all such taxes, charges, and assessments to the public office dm ged with the collection thereof not less than five (5) days before the same shall become delinquent, and GRANTEE agrees to irremiify and hold GRANlcR harmless from all such taxes, dmges, and • GRANTEE shall have the right in good faith at his sole cost and expense to contest any such taxes, charges, and assessments, and shall be obligated to pay the contested amount only if and when finally determined to be awad. (5) �Eai lure of GRANTEE to make rental payment on or before the date the same be� due shall, at the option of the Ocanissiatrer of the General, Land office, make all rental payments due and payable imu>°diately. All money due G R ICR under the terms of this agreement shall bear interest at the rate of ten percent (l0%) per annza from the date when due until actually paid. (6) It is agreed that when any structure is placed on the lease herein granted, the location of the lease shall thereby beccmhe fixed at the location of such struck and the course and location of said lease shall not be chaired except by agreement with the Oannissioner of the Mmos General. Land office and any other 1 agency with jurisdiction aver same. (7) GRANTEE shall not assign or sublease the rights granted in this lease in whale or in part to any third party for any purpose without the prior written approval of the Oca missioner of the texas General land office. (s) MMT�I'EE shall. permit GRAN MIs agents, representatives, and enplayees to enter into and on the leased premises at all reasonable times for the purpose of insertion and any other reascroble purpose necessary to protect GRANICRIs interest in the leased premi� . (9) GRANTOR reserves the right to use any or all of the area contained within the lease described above for any purpose riot inconsistent with the use of the lease by GRAND. (10) The land covered by this lease is subject to prospecting and develapment of minerals by G ANIC R or GRAN OR's authorized representatives. GRAND will allow GRANIC IR., GRANTOW s authorized entatives, holders of muheral leases, and other pennittees who have written approval from the Texas General ?Brad office the right of ingress and egress over the leased premises for the purposes designed in the permit or lease. (11) GRAMM may not change any holder of a valid mineral lease are permit framm GRANTOR customary surface damages for the use of the leased premises. All such dam payments shall be made directly to GRANIM. Gam, hawever, may seek compensation fer damages to persazal property in an action against the holder of a valid mineral lease cr permit issued by GRANICR. Zhis daamage limitation in noway limits the liability of third parties in an action at law fer damages inflicted upon GRANTEE by acts of negligence. (12) GRANDEE shall have the right to file a criminal complaint or institute civil proceedings to protect GRANi'EE's right of possession and leasehold interest in the leased pnm ses. (13) GRANIM shall use the highest degree of care and all proper safeguards to prevent pollut icn of air, graurd, and water in and around the above-devcribed area and shall apply with the rules and orders which the Commissioner of the texas General Land Office deems necessary for the protection and preservation of public lands and waters. In the event of pollution which is the result of GRANTEE's use of the above--described premises, GRANTEE shall use all means available to recapture all pollutants which have escaped and shall be responsible for al.l damage of any nature arising from such pollution. (14) GRAND agrees to keep the Commissioner of the Texas General Land Office informed of GRAMM's current address and agrees to inform the Commissioner of any change of address of GRANTEE prior to any such change. (15) GRANTEE shall riot use, cr permit the use of, the leased premises for any illegal. purposes. QWUM will. comply, and will cause its officers, employees, agents, and invitees to eamply, with all applicable laws, erdinanees, rules, and regulatiahs of governing agencies concerning the use of the premises. In the event that any foundation, site, item, or other feature of archeological, scientific, or historic interest is eheountered during the activities authorized by this a7eenent, C WHEE will immediately cease such activities and will immediately notify the GRANICR so that adequate measures may be undertaken to protect or recover such discoveries cr findings, as appropriate. In this regard, GRAMM is expressly placed cn notice of the Natia-al. Historical Preservation Act of 1966, (PB-89-66, 80 Statute 915; 16 U.S.C.A. 470) and the Antiquities Code of Texas, Chapter 191, Natural Iasources Code. (16) GRANTEE agrees to imhdemhify and bold GRANIM, its officers and employees, harmless for liability cr damages of any kind cr character without limit and without regard to the cause cr causes thereof cr the negligence of arty party or parties, arising directly cr indirectly from the use of the premises herein granted and/or any breach by MANI'EE of the terms, covenants, or ca-d.iti cns provided herein. (17) In the event that GRANIEE fails to pay any ma ey due urades the tens of this agree ent when the same beaires due, or is in breach of any condition or covenant set forth herein, the Conmi.ssioner of the Texas General Land Office shall have the right, at his cpticn,to forfeit this agreement and terminate all rights inuring to the GRANTEE herein by sending written notice of such forfeiture by United States M3-11 to the last known address of GRANTEE. Upon sending of such written notice, this agremmt shall terminate and all rights granted herein to GRANTEE shall revert to GRANIOR (subject to reinstatement by the School Land Board at its optical) . Such forfeiture and tern nation shall not prejudice the rights of G2ANIOR for any claim of payments due. (18) Upon termination of this agreement, GRANIEE may remove its personal property only if all payments due to GRMICR hte�der have been trade. Within 120 days of termination of this agreement, GRANTEE shall remove from the leased premises all min-m3rb inproverients authorized by this agree e t unless otherwise agreed., in writing, by GRANTOR. GRANDE shall take whatever measures necessary to restore the area a$ nearly as practicable to the ccrxhticn an which it existed upcn GRAN=,s entry for the subject project or to such other cxnditicn as nay be approved by CRANICR. (19) A waiver by G2ANIOR of a breach of this lease by GRANIF E does not constitute a continuing waiver or a waives or any subsequent breach of this 1-ease. (20) By executing this contract, the person signing below attests that he is the littoral property owner. (21) CRANiEE further agrees to carply with the following condition: A. If the public is charged a fee for the use of this pier, GRANMR reserves the right to renegotiate the consideration for this lease. MAI= shall notify CRANIOR of plans to charge a fee prior to fee being assessed to the public. IN TF3MENY MEPMF, witness my hand and seal of the Texas General Land Office this day of , 19 (Date of the Ccnmi.ssioner's signature) Cl'I'Y OF BEA11VM THE STATE OF TEXAS BY: BY: GARRY MUM Camii.ssioner of the PRINT NAME Texas General Land Office Chairman, School Land Board TIr I,E GRANIOR (RANI APMVm cxlk& D.TWQxn Sr.Dqx F�a�e STATE OF TEAS COUNTY OF 'I is instrLmient was ac3u iaaledged before me on 19 , by , of , (Name of Officer/Title of Off i er) (Name of Corporation) a Corporation, on behalf of said corporation. (State of corporati cn) Notary Public Print name My comnission expires: 'f GENERAL LOCATION MAP CITY OF BEAUMONT 430% �L v h Cut-Off/ T � � --� NORTH SCALE 14: 8200' i y t Hwy. 105 e E. Lucas Folwm C. C,3 a owe G BETHLEHEM H.10 East 6HIPYARD -•� GO Phi ca14" 'SITE` t WNT W PORT OF '= College BEA 5 t � l� Wo i MOBIL OIL Sarah 10Y= �4 Walden � Florida �r T Brooks O ��c LBrooks �• a SITE INFORMATION 1 J 36-04AW N / 9&-06.7p# W \� _ F I STATION 1017+ 69.4 FrW ym City of Beaumont _ :XHIBiT A CL 880016 NE H E S R:rvr=K a1 - 1�� Pier 131 -k •1� Walkwa NMI 6' City of Beaumont tit, P'Pool `, EXHIBITS I ,►. Y Rr'C �,��t .,3, r� �.fir,. j.5 S imp 44 I. i T ;t'.1� ��ti�d I o� was