HomeMy WebLinkAboutRES 95-334 n
t
RESOLUTION NO. -3�1
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to renew a lease agreement with
the Neches Valley Producers Association for the lease of the area known as "Farmers
Market", a 2.72 acre site out of the James Drake Survey and located at 2095 St. Helena
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 day of
1995.
- Mayor -
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON
LEASE AGREEMENT
This Lease Agreement, dated this the day of ,
1995, by and between the CITY OF BEAUMONT, a municipal corporation organized under
the laws of the State of Texas, domiciled in Jefferson County, Texas, hereinafter called
"Lessor", and THE NECHES VALLEY PRODUCERS ASSOCIATION, a corporation with
principal offices in Hardin County, Texas, hereinafter called "Lessee".
WITNESSETH:
Lessor, as the sole owner of the premises described below, does by these
presents, lease, let and demise unto Lessee the following described property, to-wit:
For locative corner begin at the intersection of the north-
easterly right-of-way line of the G.B. & K.C. (Santa Fe) Rail-
road and the present west line of Saint Helena Street;
THENCE north along the said present west line of Saint
Helena Street three hundred thirty-five (335) feet to the
southeast corner of the tract of land herein described;
THENCE west along a line perpendicular to said present west
line of Saint Helena Street two hundred ten and forty-two
hundredths (210.42)feet to a point for southwest corner in the
said northeasterly right-of-way line of the G.B. & K.C. (Santa
Fe) Railroad;
THENCE north thirty-two degrees eight minutes west along the
said northeasterly right-of-way line of the G.B. & K.C. (Santa
Fe) Railroad four hundred thirty-one and three hundredths
(431.03) feet to a point for northwest comer, said point being
the right-of-way line of the G.B. & K.C. (Santa Fe) Railroad;
EXHIBIT "A"
LEASE AGREEMENT Page 2 of 6
THENCE east along a line perpendicular to said present west
line of Saint Helena Street four hundred thirty-nine and sixty-
eight hundredths (439.68) feet to a point for northeast corner,
said point being in the west line of Saint Helena Street;
THENCE south along the present, west line of Saint Helena
Street three hundred sixty-five (365.00) feet to the Place of
Beginning, containing 2.72 acres of land, more or less, as
depicted on the Exhibit "A" attached;
SAVE AND EXCEPT out of the above described property a
twenty(20)foot drainage easement for storm sewer purposes
adjacent to the continuing along the Railroad right-of-way that
adjoins the above described property, with the right of Grantor
to enter upon, cross, and work at all times the heretofore
described property;
1.
The term of this lease shall be for five (5) years, commencing on the 1 st day
of January, 1996, and expiring on the 31st day of December, 2000, upon the following
conditions, obligations and covenants:
2.
In consideration of the mutual covenants and agreements herein set forth,
Lessee agrees to pay to Lessor as rent for said premises the sum of Five Dollars ($5.00),
in advance, for the term of this Lease Agreement.
3.
Lessee agrees to operate, maintain and conduct upon the above described
leased premises, a public market for the sale of produce, same to be known as "The
LEASE AGREEMENT Page 3 of 6
Farmers Market. It is further understood and agreed between the parties hereto that
Lessee will use the leased premises for the aforementioned purpose, unless Lessor shall
give Lessee prior written consent for a different use.
4.
Lessee agrees that only members of its Association residing in the Counties
of Chambers, Galveston, Hardin, Jasper, Jefferson, Liberty, Newton, Angelina, Orange,
Polk, Tyler, Sabine, and San Augustine, who are bona fide producers of the products he
proposes to sell, will be allowed to sell in this market, except that bona fide producers
residing in counties other than those named may, in the discretion of the Market Master,
be permitted to use the market in times of scarcity of produce on a day-today basis, it
being understood by the parties hereto that commercial produce dealers who are not bona
fide producers will not be permitted to sell on this market.
5.
Lessee shall be responsible for the maintenance of the leased premises and
agrees to keep all improvements placed thereon in good repair and in clean condition, and
agrees to keep the parking area clean and property surfaced at all times. Lessee shall be
responsible for the conduct of each member of the Association and the public while on
said premises and will insist on each member observing all the ordinances of the City of
Beaumont and the laws of the State of Texas, and upon their failure to do so, will revoke
their rights under this lease. Lessee agrees to pay all charges for water, gas, electric
power, and other utilities incurred during the term hereof, and at the expiration of this
LEASE AGREEMENT Page 4 of 6
lease, Lessee shall deliver the premises described herein to Lessor in a clean condition
and cleared of all buildings, foundations, rubbish, etc., unless Lessee and Lessor mutually
agree to renew this lease agreement upon expiration thereof.
6.
It is agreed and understood that Lessee shall have the right to place on said
leased premises such improvements as are reasonably necessary, said improvements to
be the responsibility of Lessee.
7.
Lessee shall indemnify and hold Lessor harmless from any and all liabilities,
claims, damages, judgments, injuries, costs, and expenses, including reasonable
attorney's fees for the defense thereof, arising from the conduct or management of
Lessee's business or its use of the leased premises.
8.
Lessee shall carry a policy of comprehensive general liability insurance with
a company acceptable to Lessor, naming the Lessor as an additional insured in the sum
of Five Hundred Thousand Dollars ($500,000.00) combined single limit during the entire
term of the contract. The original certificate of insurance shall be filed with the City Clerk
of the City of Beaumont, prior to Lessee's taking possession of the described premises
under this lease.
LEASE AGREEMENT Page 5 of 6
9.
It is mutually agreed and understood between the parties hereto that either
party to this lease shall have the right to cancel same for any reason whatsoever by giving
the other party notice in writing of its intention to cancel at least sixty (60) days prior to the
effective date of cancellation. It is understood, however, that Lessor will not give notice
of cancellation so that the time of cancellation will occur during the months of June, July,
or August, which is heavy marketing season of said Association. Upon notice of
cancellation by Lessor or at termination of lease in any other manner, Lessee agrees to
remove all improvements within forth (40) days or same will become the property of Lessor
at its option.
10.
It is understood between the parties hereto that Lessor reserves the right at
any and all times to enter said premises or any part thereof for the purpose of constructing,
reconstructing, or maintaining the drainage ditches or drainage structures located on the
leased premises.
11.
Should Lessee hold over the premises, or any part thereof, after the
expiration of the term of this lease, unless otherwise agreed in writing, such holding over
shall constitute and be construed as tenancy from month-to-month only. Inclusion of the
preceding sentence shall not be construed as Lessor's consent for Lessee to hold over.
LEASE AGREEMENT Page 6 of 6
EXECUTED in duplicate originals, this the day of ,
1995, by Lessor, acting herein by and through its City Manager, hereunto duly authorized,
and Lessee, acting herein by and through its President.
LESSOR: LESSEE:
THE CITY OF BEAUMONT THE NECHES VALLEY PRODUCERS
ASSOCIATION
BY: BY:
RAY A. RILEY, CITY MANAGER VICTOR CARAWAY, PRESIDENT
EXHIBIT A .
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NECHES VALLEY
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., FARMERS S MARKET
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G—�2 PROPOSED LEASE AREA
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