Loading...
HomeMy WebLinkAboutRES 04-066 RESOLUTION NO. 04-066 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a lease agreement with the Southeast Texas Arts Council (SETAC) in the amount of $300 per month for office space in the Julie Rogers Theatre. The lease is described in Exhibit "A" attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March, 2004. Mayor Evelyn M. Lord - ow N Wa, STATE OF TEXAS § COUNTY OF JEFFERSON § JULIE ROGERS THEATRE OFFICE SPACE LEASE AGREEMENT THIS AGREEMENT,entered into by and between the City of Beaumont, Texas, a home-rule city acting by and through its duly authorized City Manager, herein referred to as "LESSOR" and Southeast Texas Arts Council, acting by and through its duly authorized Executive Director,herein referred to as"LESSEE." WITNESSETK that LESSOR does by these presents lease and demise unto LESSEE the property described as Julie Rogers Theatre Office Space consisting ofapproximately 1,100 square feet of area, as shown in Exhibit "A" which is made a part hereof for all purposes, and herein referred to as "Premises"and, THEREFORE, both the LESSOR and LESSEE agree as follows: Article 1 TERM OF AGREEMENT ENT 1.1 The primary term of this Agreement shall be two (2) years, commencing on the 1' day of May, 2004 and shall terminate on the 30th day of April, 2006, if not sooner terminated as herein provided. 1.2 If LESSEE maintains possession of the Premises for any period after the termination of this Agreement ("Holdover Period"), LESSEE shall pay to LESSOR a lease payment for the Holdover Period based on the terms stated in Article 2 of this Agreement. Such holdover shall constitute a month-to-month extension of this Agreement. Article 2 RENTAL,FEES AND PAYMENT 2.1 During the primary term of this Agreement,LESSEE shall make monthly rental payments to City in the amount of Three Hundred Dollars ($300) as consideration of its interest in the lease. Said payments shall commence upon the execution of this lease Agreement. c —1— EXHIBIT "A" 2.2 Rental payments shall be made by LESSEE on or before the fifteenth (15") day of each month. Rental fees shall be payable in advance. Failure of LESSEE to make prompt and timely rental payments may be cause for denied uses of the Premises and/or contract termination. 2.3 LESSEE shall pay monthly rental payments to LESSOR in person at 801 Main Street, Suite 110,Beaumont, Texas, or by mail at P. O. Box 3827,Beaumont, Texas, 77704,Attn: Cash Management Division, or other such place as LESSOR may from time to time instruct LESSEE in writing. Article 3 OBJECTIVES AND PURPOSE OF AGREEMENT 3.1 Premises may be used by LESSEE as exclusive office space for LESSEE. 3.2 Any other use of Premises must be approved by the City Manager or his designee in writing. 3.3 LESSEE has inspected the Premises and assumes the use ofthe Premises in "as is"condition. LESSOR makes no warrantees or claims concerning the usefulness nor condition of the Premises. 3.4 LESSEE is an independent contractor,not an employee or agent ofLESSOR and all persons employed by LESSEE shall be its employees and shall not be employees of LESSOR. LESSEE shall employ only qualified competent persons. Article 4 PREMISES USE and OBLIGATIONS OF LESSEE 4.1 LESSEE may use the Premises located on the second floor of the Julie Rogers Theatre building only, including corridors necessary to accommodate patrons and rest room conveniences customarily open to the general public. Access to the Premises shall be provided through the entrance located on the building's north side only. Outside doors must remain locked at all times unless manned by security personnel. 4.2 If LESSEE wishes to install an intercom system at the north door entry location,installation costs and maintenance ofthe system must be provided by LESSEE. Approval of the system by the LESSOR is required prior to its installation. LESSEE will maintain the system. 4.3 LESSEE members, employees and guests will not have access to the office space during nighttime and weekend ticketed performances or private events in the Julie Rogers Theatre without meeting LESSOR's admission requirements. LESSEE also recognizesthat the office space may be subjected to loud noises and unusual activities during rehearsals and/or performances. -2- 4.4 LESSOR is not responsible for providing Premises parking spaces for LESSEE or its guests. Parking is restricted to designated parking areas only. No parking is permitted in Julie Rogers Theatre driveways. 4.5 No alterations or improvements may be made by LESSEE to Premises or building without the written approval of the LESSOR's City Manager or his designee. LESSOR may make improvements or alterations to Premises from time to time, but is under no obligation to do so. 4.6 All costs associated with telephone or telecommunication charges,including installation,shall be the responsibility of LESSEE. Utility costs shall be the responsibility of the LESSOR. 4.7 LESSEE agrees to repair any and all damages caused by the use ofPremises by LESSEE and such damages shall be repaired to the satisfaction of LESSOR at LESSEE's expense. Extent ofdamages shall be determined at the sole discretion ofLESSOR. Damages shall be reported to LESSOR. 4.8 LESSEE shall be responsible for providing custodial services of the Premises. LESSEE shall be responsible for keeping Premises free of any litter, trash or debris and shall adhere to all rules and regulations governing its disposal. 4.9 LESSEE may not place signs,improvements,trade fixtures or equipment on Premises without the written approval of the City Manager of LESSOR or his designee. 4.10 LESSEE agrees to comply with all laws, ordinances, codes and regulations of any governmental authority having jurisdiction applicable to LESSEE's occupancy or use of Premises. 4.11 LESSEE assumes all responsibility for any of its goods or materials which may be left or stored on the Premises. Article 5 INDEMNITY AND INSURANCE 5.1 LESSEE agrees to indemnify and hold LESSOR harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney fees for the defense thereof, arising from the conduct or management of LESSEE's use of the Premises or from any breach on the part of LESSEE of any conditions of this Agreement, or from any act of negligence or allegation of negligence of LESSEE or LESSOR,their officers,employees,agents,contractors,subtenants,concessionaires,or licensees in or about the Premises. -3- 5.2 LESSOR shall not be liable to LESSEE or to LESSEE's employees,patrons, or visitors, for any damage to person or property due to the Premises or any appurtenances thereof being improperly constructed, or being or becoming out of repair, nor for any damage from the defects or want of repair of any part of the Premises which the Premises form a part, but the LESSEE accepts such Premises as suitable for the purposes for which same are leased and accepts the Premises and each and every appurtenance thereof and waives defects therein and agrees to hold the LESSOR harmless from all claims for any such damage. 5.3 During all times this lease is in effect or during any holdover, LESSEE shall obtain and maintain in full force and effect and at LESSEE's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to LESSOR in the following amounts. 5.3.1 Commercial General Liability Coverage-combined single limit for bodily injury and property damage of$1,000,000 per occurrence or its equivalent with an aggregate of at least$2,000,000. 5.3.2 The above required insurance coverage shall name City of Beaumont, Texas as an additional insured and provide 10 days notice to LESSOR of any cancellation, non- renewal or material change. Article 6 TERMINATION 6.1 In the event that LESSOR determines, in its judgement, that any one or more of the provisions of this contract are being breached or violated by LESSEE,it shall notify LES SEE thereof in writing, therein setting forth such breach or violation and a sufficient time for correction. In the event LESSEE fails to correct such breach or violation in the time allowed, such failure shall, at the sole option of LESSOR, serve to terminate this Agreement. Such termination ofthe agreement by LESSOR shall not deprive it of its lawful rights and pursuits to recover any and all amounts owing to it by LESSEE up to and including the date of such termination. 6.2 Upon termination ofthis Agreement,LESSEE will surrender Premises in the same condition as when received, except for normal wear and tear. LESSEE will leave Premises in a clean condition free of all trash,debris, personal property,hazardous materials and environmental contaminants. LESSOR shall have the right of reentry and may remove all persons and property from the premises and may store such property at a public warehouse or elsewhere at the expense of and for the account of LESSEE. Any and all improvements made by LESSEE to Premises become the property of LESSOR. -4- 1 6.3 This Agreement may be terminated by either party for any reason with ninety(90)days prior written notice of its intent to terminate. Article 7 GENERAL PROVISIONS 7.1 The services called for herein shall be performed by LESSEE as an independent contractor, and LESSOR shall not be liable for the manner of discharge of such services. 7.2 LESSEE shall be an independent contractor, not an employee of the LESSOR, and all persons employed by LESSEE shall be his employees and shall not be employees of the LESSOR- 7.3 This Agreement shall not be transferred or assigned to any party,in any manner whatsoever, by LESSEE without the prior written approval of LESSOR's City Manager or his designee. 7.4 No waiver by either party of a breach by the other shall be construed or held to be a waiver by such party of any succeeding breach by the other party of the same or any covenant, condition, or restriction herein contained. 7.5 Where changes to activities or areas included in this Agreement are made,such modifications must be in writing and signed by both parties. 7.6 If any term or provision of this Agreement shall,to any extent, be invalid or unenforceable, the remainder of this lease shall not be affected thereby and every other term and provision of this lease shall be valid and be enforced to the fullest extent permitted by law. 7.7 Any written notice to be given hereunder by either party to the other party shall be effected by certified mail,return receipt requested. Either party may change the address for notice to it by giving written notice of such change in accordance with the provisions of this section. 7.7.1 Notice to LESSEE shall be sufficient if made or addressed to: Executive Director Southeast Texas Arts Council P. O. Box 3925 Beaumont, TX 77704 7.7.2 Notice to LESSOR shall be sufficient if made or addressed to: City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 -5- 7.8 This Agreement constitutes the entire agreement between the parties and no changes, amendments or modifications hereof shall be valid or recognized unless in writing and signed by both parties. 7.9 Time is of the essence of this Agreement. 7.10 This Agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this Agreement are performable in Jefferson County, Texas. 7.11 Neither party hereto shall be liable to the other for any failure, delay, nor interruption in the performance of any of the terms,covenants or conditions ofthis Lease due to Force Majeure, which are causes beyond the control of that party including, without limitations, strikes, boycotts, labor disputes, embargoes, shortage of material, Acts of God, acts of the public enemy, acts of superior governmental authority,weather conditions,floods, riots,rebellion, sabotage, or any other circumstances for which such party is not responsible or which is not in its power of control. 7.12 Should the condition ofForce Majeure render the fulfillment of this Agreement by either party impossible,then the term of this Agreement shall end and LESSEE shall be liable to pay rent only up to the time of such termination. 7.13 During LESSEE's normal business hours,LESSOR may enter Premises for any reasonable purpose including but not limited to purposes for repairs, maintenance, alterations, and inspection. LESSOR may access Premises after LESSEE's normal business hours if entry is made with LESSEE's permission or is necessary to complete repairs. LESSOR will not unreasonably interfere with LESSEE's business operations when accessing Premises. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed as of the 2004 at Beaumont, Texas. CITY OF BEAUMONT SOUTHEAST TEXAS ARTS COUNCIL LESSOR: LESSEE: Kyle Hayes, City Manager Regina Lindsey, Executive Director c -6-