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HomeMy WebLinkAboutRES 94-277 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 one year lease agreement with The Gospel of Jesus Christ Church for the Health Department's Women, Infants and Children (W.I.C.) satellite office space located at 2575 Wilson Street. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4A day of 11994. - Mayor - THE STATE OF TEXAS LEASE AGREEMENT COUNTY OF JEFFERSON This Lease Agreement is made and entered into by and" fikeen7he Gospel of Jesus Christ Church 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 as 2575 Wilson Street, Building D (approximately 3200 sq. ft. more or less), Beaumont,Jefferson County, Texas, hereinafter called the"leased premises." ARTICLE 1. TERM OF LEASE 1.1 The term of this Lease shall be one (1) year, commencing on the 1st day of November, 1994, and ending at 11:59 p.m. twelve (12) months thereafter. 1.2 Provided however, that all applicable provisions of this Lease shall be fully effective and enforceable from and after the date of execution of this Lease. ARTICLE 2. RENT 2.1 Tenant agrees to pay to Landlord, without any prior demand therefor, and without any deduction or setoff whatsoever, as rent including all utility costs, for the entire term of this Lease and any extensions thereof the sum of Sixteen Thousand Nine Hundred Forty-nine and 76/100 Dollars ($16,949.76) annually, which EXHIBIT "A" sum, is payable in monthly installments of $1,412.48 each with the first such installment being due and payable on November 4, 1994, with a like installment of rent being due and payable on the 1st day of each calendar month thereafter through and including the 1st day of October, 1995, when.ift 1"asf installment shall be due and payable. 2.2 All rent payable hereunder shall be paid to Landlord by mailing or delivering payment to 4570 St. Louis Street, Beaumont, Texas 77705 or such other place or places as Landlord may from time to time designate in written notice to Tenant. 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. NON-APPROPRIATION 4.1 Termination by the City. In the sole event of Non-appropriation relating to this lease, tenant shall have the right to terminate this Lease at the end of any Fiscal Year of the tenant. The Tenant may effect such termination by giving Landlord a written notice of termination and by paying to Landlord any Rental Payments and other amounts which are due and have not been paid at or before the 2 end of its then current Fiscal Year. The Tenant shall endeavor to give notice of such termination not less than sixty (60) days prior to the end of such Fiscal Year, and shall notify Landlord of any anticipated termination. In the event of termination of this Lease, the Tenant shall deliver possession of leased `prMes to"Landlord in accordance with Article 5, and shall convey to Landlord or release its interest within ten (10) days after termination of this Lease. 4.2 Intent to Continue Lease Term: Appropriations. The Tenant presently intends to continue this Lease for its entire term and to pay all rental payments relating thereto specified. The Tenant Manager will include in its budget request for each Fiscal Year the rental payments to become due in such Fiscal Year and will use all reasonable and lawful means available to secure the appropriations of money for such Fiscal Year sufficient to pay all such Rental Payments coming due therein. The Tenant reasonably believes that moneys in an amount sufficient to make all such rental payments can and will lawfully be appropriated and made available for this purpose. 4.3 Effect of Termination. Upon termination of this Lease, under Section 1 hereof, the Tenant shall not be responsible for the payment of any additional rental payments coming due with respect to succeeding Fiscal Years, but if the Tenant has not delivered possession and conveyed to Landlord or released its interest in the leased premises within ten (10) days after the date of termination, the termination shall nevertheless be effective, but the Tenant shall be responsible for 3 p the payment of damages equal to the amount of the rental payment thereafter coming due and attributable to the number of days after such ten (10) day period during which the Tenant fails to take such actions and for any other loss suffered by Landlord as a result of the Tenant's failure to take such actin s required. ARTICLE 5. MAINTENANCE AND SURRENDER 5.1 Landlord shall repair and maintain in good condition the roof, foundation, exterior doors, exterior walls, electrical systems, plumbing systems, heating and air conditioning systems, the adjacent driveways and parking lot of the leased premises; provided, however, Landlord shall not be obligated to perform any maintenance, repairs, or replacements made necessary by the negligence of Tenant or Tenant's agents, employees, or invitees which maintenance, repairs, or replacements shall be performed by Tenant at Tenant's sole cost and expense. All other repairs, maintenance, and replacements necessary to maintain the leased premises in good condition, not specifically allocated to the Landlord in this Article 4 shall be made by Tenant at Tenant's sole cost and expense, including without limitation all janitorial services needed by the leased premises. Landlord shall be responsible for keeping the parking areas, driveways, and sidewalks located around the building of which the leased premises form a part clean and free of trash and debris. All maintenance, repairs, and replacements, ordinary as well as extraordinary, shall be made promptly by the party responsible as and when necessary. 4 5.2 Tenant shall throughout the Lease term maintain the leased premises as provided above and keep them free from waste or nuisance and shall deliver up the leased premises in a clean and sanitary condition at the termination of this Lease in good repair and condition, reasonable wear and tear and dam',1!g6 by fire, tornado, or other casualty, not caused through the fault of Tenant or any of Tenant's agents, invitees or employees, only excepted. 5.3 Tenant accepts the leased premises "AS IS," in its present condition, as of the execution of this Lease, and with respect to the leased premises there are no express or implied warranties and ALL WARRANTIES ARE EXCLUDED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF QUALITY, MERCHANTABILITY,AND SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTICLE 6. OBLIGATIONS OF LANDLORD AND TENANT 6.1 Tenant shall not create any openings in the roof or exterior walls, nor make any alterations, additions, or improvements to the leased premises without the prior written consent of Landlord. Consent for nonstructural alterations, additions, or improvements shall not be unreasonably withheld or delayed by Landlord. Redecorating, refurnishing, painting and other nonstructural renovations which do not decrease the value of the building may be made by Tenant with Landlord's consent. Tenant shall have the right at all times to erect or install fixtures, provided that Tenant complies with all applicable governmental laws, ordinances, and 5 regulations. Tenant shall have the right to remove prior to termination of this Lease such fixtures so installed, provided Tenant is not in default under any of the terms, covenants or conditions of this Lease; however, Tenant shall, not later than five (5) days after the termination of this Lease, repair any damage,ca'CMTby such removal. All alterations, additions, or improvements made by Tenant, which are not actually removed from the leased premises by Tenant, under the provisions of the preceding paragraph, shall become the property of Landlord at the termination of this Lease. 6.2 Tenant shall have the right to install any signs on the leased premises, however, Tenant shall be wholly responsible for any and all direct or consequential damage caused by the placement, erection or removal of such signs. Tenant shall remove all signs at the termination of this Lease, and shall repair any damage and close any holes caused by such removal. 6.3 Landlord shall, at its expense, maintain such casualty insurance covering the leased premises as it deems appropriate to cover its interest thereon. 6.4 If the building or other improvements on the leased premises should be damaged or destroyed by fire, tornado, or other casualty, Tenant shall give immediate notice thereof to Landlord. (a) If the building on the leased premises should be totally destroyed by fire, tornado, or other casualty, or if it should be so damaged that rebuilding or repairs cannot reasonably be completed in the reasonable judgment of Tenant within THIRTY (30) DAYS from the date of the occurrence of the damage, Tenant may 6 terminate this lease upon written notice to Landlord and the rent shall be abated for the unexpired portion of this Lease. Rent shall be abated from the date of such destruction or damage, until the date when rebuilding or repairs are completed, in the event that rebuilding or repairs are pursued. (b) If the building or other improvements on the leased premises should be damaged by fire, tornado, or other casualty, but only to such an extent that rebuilding or repairs can reasonably be completed in the reasonable judgment of the Landlord within THIRTY (30) DAYS from the date of the occurrence of the damage, this Lease shall not terminate but Landlord shall, at its sole cost and risk, proceed forthwith to rebuild or repair such building or other improvements to substantially the condition in which they existed prior to such damage. If the building and other improvements are to be rebuilt or repaired and are untenantable in whole or in part following such damage, the rent payable hereunder during the period in which the leased premises are untenantable shall be adjusted equitably. However, notwithstanding anything contained herein to the contrary, if Landlord is unable to repair or rebuild the leased premises within THIRTY (30) DAYS of damage or destruction by fire, tornado or other casualty, then Tenant may terminate this lease upon written notice to Landlord. 6.5 Upon Landlord's receipt of notice from any condemning authority of a proposed condemnation, Landlord shall immediately notify Tenant in writing. If all of the leased premises shall be taken under the right of eminent domain by any 7 authority having the right of condemnation, or if conveyed to such authority under threat of or in settlement of condemnation, or if a portion of the leased premises is so condemned or conveyed as will prevent the practical use of the leased premises for Tenant's purposes, this Lease, and all obligations hereui dM'Mall terminate the date of taking or on the date of such conveyance and'all proceeds derived from such sale or condemnation proceeding shall be the property of Landlord. However, if such taking or conveyance does not prevent the practical use of the leased premises for the purposes of the Tenant, then this Lease shall continue in full force and effect, the rent shall remain unabated and all obligations of Tenant hereunder shall remain in full force and effect, and Landlord shall promptly make any repairs or perform any construction necessary to restore the leased premises to a condition useable by Tenant. All proceeds from such partial condemnation or sale shall be the property of Landlord. 6.6 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 Landlord, subject to the provisions of Section 10.12 of Article 10 hereof. 8 ARTICLE 7. DEFAULT 7.1(a) If Tenant shall allow the rent to be in arrears more than SEVEN (7) DAYS after written notice of such delinquency, or shall remain in default under any other provision or condition of this Lease for a period o?fiNTY-(20) DAYS after written notice from Landlord, Landlord may, at its option, without notice to Tenant, terminate this Lease, or in the alternative, Landlord may reenter and take possession of the leased premises and remove all persons and property therefrom, without being deemed guilty of any manner of trespass, and relet the leased premises or any part thereof, for all or any part of the remainder of said term, to a party satisfactory to Landlord, and at such rental as Landlord may with reasonable diligence be able to secure. (b) All rights and remedies of Landlord under this lease shall be cumulative, and none shall exclude any other right or remedy. Such rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises. ARTICLE 8. INSPECTION BY OWNER 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 or for the purpose of maintaining the leased premises in accordance with Section 4.2 of Article 4 hereof or to show the leased premises to prospective purchasers or lesser. 9 ARTICLE 9. ASSIGNMENT AND SUBLEASE 9.1 Neither Tenant nor Tenant's legal representatives or successor in interest by operation of law or otherwise shall assign this Lease, or any interest f vr! therein, or sublet the leased premises, or any part thereof,. or an"yiight�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. 9.2 Landlord is expressly given the right to assign any or all of its interest under the terms of this Lease. ARTICLE 10. OPTION TO RENEW 10.1 Landlord hereby gives and grants to Tenant the right and option, hereinafter referred to as the "Option" to extend the term of this Lease for one (1) year terms for an additional five (5) years, such period being hereafter referred to as an "Extended Term," commencing on the first day of the first calendar month following the last day of the initial term of this Lease, such commencement date being hereinafter called the "Extension Date." The Extended Term(s) shall continue until 11:59 p.m. on the last day of the twelfth (12) full calendar month after the Extension Date, including the date of the Extension Date. 10.2 The Option to extend for the Extended Term(s) shall be exercised by Tenant giving written notice to Landlord no earlier than SIX (6) MONTHS and no 10 later than THIRTY (30) DAYS before the last day of the initial term of this Lease x and any Extended Term upon the same terms and conditions set forth herein, except as hereinafter stated. Any termination of this Lease during the initial term of the Lease shall terminate the Option granted herein. 10.3 The monthly rent for the Extended Term(s) shall be payable in monthly installments with the first of such installments being due and payable on the Extension Date with a like installment being due and payable on the 1st of each calendar month thereafter during the Extended Term(s). The rent for the Extended Term(s) shall herein be the same as set forth in Section 2.1 of Article 2. ARTICLE 11. MISCELLANEOUS 11.1 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: Pastor Castile Colbert, Jr. The Gospel of Jesus Christ Church 4570 St. Louis Street Beaumont, Texas 77705 Tenant: Ray A. Riley City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 11 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' rty in accordance herewith. 11.2 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. 11.3 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. 11.4 In any case any one or more of the provisions contained in this Agreement shall for any reason be 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. 11.5 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. 12 11.6 No amendment, modification, or alteration of the terms hereof shall be t binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 11.7 The rights and remedies provided by this. L. e 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. 11.8 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. 11.9 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. 11.10 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 13 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 obfi'g" `f s. 11.11 Time is of the essence of this Agreement. 11.12 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 or hereafter placed on the leased premises by Landlord, 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 extensions of such liens or encumbrances. 11.13 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. 11.14 Should Tenant, or any of Tenant's successors in interest, hold over on the leased premises, or any part thereof, after the expiration of the initial term of this Lease or any extension thereof with the permission of Landlord, unless otherwise agreed, in writing, such holding over shall constitute and be construed as a tenancy from month to month only. Rent for such month to month tenancy shall be at the last monthly rental payment due under the immediately preceding initial term or Extended Term of this Lease, as the case may be payable in advance on the 1st day 14 of each calendar month during the term of such month to month tenancy. The inclusion of this Section 10.14 shall not be construed as �Landlord's consent for Tenant to hold over. EXECUTED, this the day of , 1994. LANDLORD: THE GOSPEL OF JESUS CHRIST CHURCH Castile Colbert, Jr. Pastor TENANT: THE CITY OF BEAUMONT Ray A. Riley City Manager 15 ACKNOWLEDGEMENT E STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared RAY A_ RH EY, 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.,1994. Notary Public in and for the State of Texas 16 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared CAS= COLBERT, JR., Pastor of THE GOSPEL OF JESUS CHRIST CHURCH, 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 the _ day of , A.D., 1994. Notary Public in and for the State of Texas 17