HomeMy WebLinkAboutRES 95-016 RESOLUTION NO. 9�-
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a two (2) year lease agreement
with the Triangle Aids Network (TAN) for approximately 700 usable square feet of office
space in the Beaumont Community Health Center located at 950 Washington Boulevard.
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 176( day
of 2!=�,
, 1995.
- Mayor -
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON
LEASE AGREEMENT
THIS CONTRACT AND LEASE made and entered into in quintuplicate originals this, the
_ day of , 1994, by and between the City of Beaumont, Texas, hereinafter known as
Lessor, and Triangle AIDS Network (T.A.N.), hereinafter known as Lessee.
WITNESSETH that Lessor in consideration of the rents to be paid and of the covenants
herein contained on the part of the Lessee to be kept, observed, and performed has demised
and leased, and by these presents does hereby demise and lease, unto the Lessee the following
described property and premises hereinafter known as the leased premises, and made a part
hereof:
Approximately 698.5 usable square feet of City office space in the
property located at 950 Washington Boulevard in Beaumont, Texas.
1.
The term of this Lease shall commence upon Lessee's occupancy and possession of
leased premises and extend for twenty-four months unless sooner terminated as hereinafter
provided. Lessor and Lessee will execute a letter establishing the date of occupancy of the
leased premises.
Lessee agrees to provide the leased premises to The University of Texas Medical Branch
(U.T.M.B.) at Galveston for the establishment of HIV Early Intervention Clinical Services in the
Beaumont area.
EXhIBIT "A"
2.
The total rent under this lease is ONE (1) DOLLAR, the receipt and sufficiency which is
hereby acknowledged. As additional consideration for this lease, Lessee agrees to assure
availability to the citizens of Beaumont, HIV Early Intervention Clinical Services as provided by
U.T.M.B. under its normal terms, conditions and regulations.
3.
Lessee is responsible for the installation, maintenance and all costs associated with its
telephone system. The leased premises are leased without a telephone system.
4.
Restrooms, elevators, stairs, hallways, lobbies, parking lots, courtyards, walkways, and
all other common areas of the building are for the joint use of Lessee and the other occupants
of the building. Lessee and its officers, employees, agents, and invitees will use such common
areas in a reasonable, orderly, and sanitary manner in cooperation with all other
tenants/occupants and their officers, employees, agents and invitees.
5.
Lessor covenants and agrees to pay all taxes of whatever nature, levied and assessed
and to be levied or assessed, on or against the leased property and improvements during the
term of the Lease; and to keep the leased premises, property and buildings in good repair and
condition during the continuance of the term of this Lease, said maintenance to cover parking
and grounds, exterior walls, roof, and common areas. Lessor agrees to be responsible for the
janitorial services, and utility operating costs within the 689.5 square feet of leased premises.
6.
Lessee shall not use the premises in any manner that will increase risks covered by
insurance on the premises and result in an increase in the rate of insurance or a cancellation of
any insurance policy, even if such use may be in furtherance of Lessee's business purposes.
Lessee shall not keep, use; or sell anything prohibited by any policy of fire insurance covering
the premises, and shall comply with all requirements of the insurers applicable to the premises
necessary to keep in force the fire and liability insurance.
7.
Lessee shall not allow any waste or nuisance on the premises, or use or allow the
premises to be used for any unlawful purpose.
8.
This lease shall not be rendered void or voidable by the inability of Lessor to deliver
possession to Lessee on the date as established pursuant to Section One, and Lessor shall not
be liable to Lessee for any loss or damage suffered by reason of such a delay.
9.
Lessee agrees and shall use all reasonable precaution to prevent waste,damage,or injury
to the demised premises. Lessee shall not be permitted to erect a new building or additions,
alterations, or modifications to the existing buildings without first obtaining permission in writing
from the Lessor. In the event Lessee is granted such permission, Lessee agrees that all such
additions, alterations or modifications shall become the property of Lessor at the time of such
addition, alteration or modification.
10.
Acceptance of the premises by Lessee shall be construed as recognition that the
premises are in a good state of repair and in sanitary condition. Lessee shall surrender the
premises at the end of the lease term, or any renewal thereof, or if terminated before the end of
the term or any renewal, in the same condition as when Lessee took possession, allowing for
reasonable use and wear, and damage by acts of God, including fires and storms. Before
surrender, Lessee shall remove all business signs placed on the premises by Lessee and restore
the portion of the premises on which they were placed in the same condition as when received.
11.
Partial-destruction of the leased premises shall not render this lease void or voidable, nor
terminate it except as herein provided.
12.
Lessor reserves the right to enter on the premises at reasonable times to inspect them,
make additions, alterations, or modifications to any part of the building in which the premises are
located, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding, fences, and
similar structures, post relevant notices,and place movable equipment in connection with making
alterations, addition, or modifications, all without incurring liability to Lessee for disturbance or
quiet enjoyment of the premises, or loss of occupation thereof.
13.
Lessor shall have the right of access to all non-medical or clinical books and records of
Lessee to inspect said records to determine if Lessee is in compliance with all its obligations
under the lease and all other contractual obligations with the City.
14.
Lessee shall not construct or place signs, awnings, marquees, or other structures
projecting from the exterior of the premises without the written consent of Lessor. Lessee shall
remove signs, displays, advertisement, or decorations it has placed on the premises that, in the
option of Lessor, are offensive or otherwise objectionable. If Lessee fails to remove such signs,
displays, advertisements, or decorations within five (5) days after receiving written notice from
Lessor to remove them, Lessor reserves the right to enter the premises and remove them at the
expense of Lessee.
15.
Lessor shall not be liable for liability or damage claims for injury or death to persons or
property from any cause relating to the occupancy of the premises by Lessee, including those
arising out of damages or losses occurring on sidewalks and other areas adjacent to the leased
premises during the term of this lease or any extension thereof. The Lessee agrees to indemnify
and hold harmless Lessor from any and all claims,causes of action, and damages of every kind,
for injury to or death of any person and damages to property arising out of the occupancy and
use of the premises of the operations embraced by this lease, and including acts or omissions
of the City of Beaumont in connection therewith.
16.
Lessee shall, at its own cost and expense, carry Public Liability and Property Damages
Insurance covering operations hazards (and including the Lessee's obligations under the
Indemnification provision contained in paragraph 15)with a company acceptable to City with City
as a named insured in the sums of Five Hundred Thousand and No/100 ($500,000.00) Dollars
per occurrence and Five-Hundred Thousand and No/100 Dollars($500,000.00) in aggregate, and
One Hundred Thousand and No/100 ($100,000.00) Dollars property damage. However, should
Lessor determine at any time during the term of this agreement that the above coverage is
inadequate, it shall notify Lessee in writing to increase the amount of such insurance so the same
shall be adequate. The failure of Lessee to obtain said additional insurance within 30 days of
Lessor's request shall constitute a breach of this lease. The certificates of insurance furnished
hereunder shall be provided to Lessor prior to occupancy by the Lessee and shall provide that
the Lessor be notified thirty (30) days prior to the cancellation of such insurance coverage.
17.
Lessee shall not assign or sublease the premises, or any right or privilege connected
therewith without first obtaining the written consent of Lessor.
18.
The appointment of a receiver to take possession of the assets of Lessee, a general
assignment for the benefit of the creditors of Lessee, any action taken or allowed to be taken by
Lessee under any bankruptcy act, or the failure of Lessee to comply with each and every term
and condition of this lease shall constitute a breach of this lease. If Lessee fails to operate as
a non-profit corporation, it shall constitute a breach and a default.
19.
Lessor shall have the following remedy in addition to its other rights and remedies in the
event Lessee breaches this lease agreement:
This agreement may be terminated by either parry upon giving thirty (30) days written
notice.
Lessor shall have the right to terminate this lease on fifteen (15) day's written notice to
Lessee of any matter constituting a default or breach of this lease.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on
any future occasion.
20.
If Lessor files an action to enforce any agreement contained in this lease, or for breach
of any covenant or condition, Lessee shall pay Lessor reasonable attorney's fees for the services
of Lessor's attorney in the action, all fees to be fixed by the court.
In witness whereof, the parties have executed this lease this the day of ,
1994.
CITY OF BEAUMONT
Ray A. Riley, City Manager
ATTEST:
Rosemarie Chiappetta, City Clerk
TRIANGLE AIDS NETWORK
Sheridan Tutt, Executive Director
ATTEST: