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HomeMy WebLinkAboutRES 05-047 RESOLUTION NO. 05-047 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves a contract with Reed Exposition Midway for a seven (7) year lease to lease a portion of the Fairgrounds in order to hold an annual Golden Triangle Fair for a period of ten days. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February 22nd, 2005. ,F Wyor Pro Tern Becky Ames - MUNN V eeeeu , BEAUMONT FAIR GROUNDS,LEASE AGREEMENT Mailing address: PO Box 3827 Beaumont Tx.77704 Physical address: 2600 Gulf Street Beaumont, Texas 77703 Office: (409)838-3435 Fax: 409-838-3715 Web address: http://www.beaumont-tx-complex.com/ e mail address: chawkins@ci.beaumont.tx.us This lease dated Fqbma 4.2005 is made between the City of Beaumont,TX.,under the laws of the State of Texas,herein referred to as COB,and Reed Exposition Midway herein referred to as LESSEE. Name:Reed Exposition Midway Address: 105 Hopkins Street,Lufkin,TX 75901-1519 Phone:813-714-0274 Fax:800-260-3236 In consideration of the mutual covenants contained herein,the parties agree as follows: 1.EVENT/DATES:The LESSEE shall restrict its use of the premises to the purposes listed herein and shall not use or permit the use of the premises for any other purpose without the written consent of COB: Name of Event:Golden Triangle Fair Use/Type of Event: Use of midway area and rights to use of buildings during said dates. Move-in day(s)and time(s):April 25 Move in; Event Day(s)and time(s): Opening mday April 29d'thru May 8h Open weekdays at 5.00 p.m.Sat.&Sun 3 p.m. Move-out day(s)and time(s):May 9 & 10 Additional charges may apply if premises used before or after the above schedule. 2. PREMISES TO BE USED: COB reserves the right to lease any unused portion of the premises not covered by this lease agreement to other mutually agreed upon concerns. 3. RENT:Rental of premises on dates as listed above and services totals$4000.00 which includes: a)Use of carnival grounds and near by parking. b)3 small dumpsters C)City electric should it be needed.(Additional fee to be based on usage) d)Water hook-ups e)Use of grounds for camping by exhibitors with 24-hour access. 4. OTHER SERVICES: 5. SECURITY:Security personnel,if requested by LESSEE or required by COB,will be arranged for by COB and the cost of such personnel shall be reimbursed by LESSEE in addition to the rent as set out above in Item#3.Only duly sworn Beaumont taw enforcement officers with jurisdiction at the premises of COB will be allowed to carry weapons on the premises.Estimated security: $27.50 per man$33.Supervisor 6. DAMAGE/CLEAN-UP DEPOSIT:A clean-up and damage deposit in the amount of$1000.00 will be held in escrow to ensure the premises will be delivered to COB in good stately condition No interest shall be paid upon the deposit.Nothing herein contained shall be construed as a warranty that said premises are in good condition or are suitable or fit for any use or purpose for which they are let.COB or COB'S agent have made no warranties,representations or promises that the premises are in good state of repair and in sanitary condition and are in all matters fit for LESSEES use.LESSEE shall surrender the premises at the end of the Lease in the same condition as when the LESSEE took possession,allowing for reasonable use and wear and shall be fully responsible and liable for any damages caused to the premises and for removal of any trash or debris resulting-from use of the premises by LESSEE.Items left on the fairgrounds beyond 8:00 am-on the day following event shall be considered abandoned and will be disposed of by COB and if applicable,the expense billed to LESSEE.The damage deposit,less any expenses owed under this lease to COB,shall be returned to LESSEE provided that all terms and conditions herein contained have been fully performed by the LESSEE. 7. TOTAL AMOUNT DUE(Total of#3,#4,#5,#6)COB reserves the right to cancel this lease agreement if the total due is not received in this office prior to opening day before the event. & DEPOSIT/BOND:LESSEE shall deposit the sum of$1000.00 upon execution of this contract,which shall be held by COB as security of the full and timely performances by LESSEE for breaches of those terms and conditions.No interest shall be paid upon the deposit.The rights of COB against LESSEE for breach of this lease shall in no way be limited or restricted by this security deposit,but COB shall have the absolute right to pursue any available remedy to protect its interest herein,as if the security deposit had not been made.This deposit and any amount collected for rent is non-refundable if event is cancelled for any reason 9. LIABILITY INSURANCE:LESSEE shall procure and maintain public liability insurance at LESSEES expense during the term of this lease and any extension thereof Such coverage shall be adequate to protect against liability for damages claimed through any use,including public use,or arising out of accidents occurring in or around the leased premises in a minimum amount of Three hundred thousand and no/100($300,000)dollars for each person injured.Two Million and no/100($2,000,000)dollars for any one accident,and Three hundred thousand and no/100($300,000) dollars for property damage.Any such policy shall be delivered to the COB for safekeeping during the term of the lease.The City of Beaumont Texas shall be named as additional insured in such policy of insurance. .0. LICENSES:Lessee agrees that it will procure at its expense all necessary state,county,municipal licenses/permits,and/or licenses/permits from any authority whatsoever which are required for its possession or use of the premises rented hereunder. 11. SMOKING: SMOKING IS PROHIBITED INSIDE ANY BUILDING ON THE FAIRGROUNDS. 12.UTILITIES:Normal utilities(water and electricity)in the premises leased are included in this rental. EXHIBIT "A" 13. CONCESSIONS:LESSEE reserves all food and drink concession rights on the premises with exception located inside Fairpark Coliseum. 14. PARKING:COB reserves all parking rights on the premises. . RESTRICTIONS OF USE:Lessee shall not use premises in any manner that would increase the risk covered by insurance on the premises and result in an increase of the rate of insurance or a cancellation of any insurance policy concerning the premises even if such use shall be in furtherance of LESSEES purposes.LESSEE shall not keep,use or sell anything prohibited by any policy of insurance concerning the premises necessary to keep said insurance in force. 16. FIRE EXIT DOORS&FIRE REGULATIONS:All fire exit doors must be unobstructed.At least a five(5)feet radius surrounding each fire exit door must be kept clear and there must be at least a four(4)feet clear aisle leading to the fire exit door.Any vehicle parked inside the building must be for display purposes only,with as little fuel as possible,with a locking gas tank or the gas tank taped shut and battery cables disconnected. 17. ENTRY ON PREMISES:COB reserves the right to enter the premises at all reasonable times to inspect them,to perform required maintenance and repairs or make additions,alterations or modifications to any part of the premises or building covered by this lease and LESSEE shall permit COB to do so.COB may erect scaffolding,fences and similar structures,post notices and place movable equipment in or on the premises in connection with making alterations,additions or repairs or performing any maintenance,all without incurring any liability to COB whatsoever. 18. CLAIMS,SUITS OR DEMANDS:LESSEE agrees to hold COB,employees and agents,harmless,and to defend and indemnify them from any and all claims,actions,suits or demands,which result or arise out of LESSOR or LESSEE'S ownership,maintenance or use of the Fairgrounds or the space described in this lease.Further,LESSEE covenants and agrees that it will make no claims and assert no actions against LESSOR or the COB, their officers,employees or agents,for bodily injury to any person,or the death,thereof,or for injury or theft,destruction of property belonging to LESSEE or of others where such injury,death,theft or destruction arise out of its ownership,use or maintenance of the Fairgrounds of the leased space described in this lease, 19. NON-LIABILITY OF LESSOR FOR DAMAGES HOLD HARMLESS AND INDEMNIW AGREEMENT:COB shall not be liable for liability or damage claims for injury to persons or property arising from any cause relating to the occupancy of the premises by the LESSEE, including those arising out of damages or losses occurring on areas adjacent to the leased premises during the term of this lease or any extension thereof. COB shall not be liable for damage claims for injuries to persons or property arising out of the public use of the premises or accidents occurring in or around the premises.LESSEE shall indemnify and hold harmless the COB from all liability,loss or other damage claims and obligations arising out of its use of the premises or areas adjacent thereto. 20. ATTORNEY FEE:If COB uses the services of an attorney or files any legal action to enforce any agreement of the lease or for the breach of any covenant or provision,LESSEE shall pay COB a reasonable fee for the services of COB'S attorney- 2 1. CANCELLATION RIGHTS:COB reserves the right to cancel this contract,if in its sole judgment;the LESSEE is utilizing the leased area(s), -i such a way to be detrimental to the interest of the COB.COB reserves the right to terminate any activity whatsoever,in its sole opinion,deems .nsafe,in violation of law,ordinances,or this agreement,or not in keeping with community standards,morality or decency. COB further reserves the right to terminate this contract by written notice to LESSEE within 60 days following each year's event for reasons of natural disaster or should the property be sold or designated for public uses which would prevent the use of the premises for the purposes intended by this agreement. Should the property be designated for some other public use,said use will not be for purposes of carnivals,fairs,or like events. 22. TERM:This agreement shall be for a term of 7 years beginning 2005 and ending 2012.LESSEE shall have the right to cancel this agreement by written notice to COB within 60 days following each year's event.Rental fees shall not exceed a more than 25%increase for the years 2006 and 2007.Rental fees for the remaining years of this agreement after 2007 shall not exceed more than 10'/o per year.LESSEE shall have first right of refiusal for renewal of this agreement at end of the term. 23.ADDITIONAL TERMS:COB agrees not to rent or allow premises to be used for any similar event which would include mechanical rides for public use for a period of 90 days prior to and 60 days after LESSEE'S annual event.. 24. APPLICABLE LAW:This agreement shall be governed by and construed in accordance with the Law of the State of Texas. LESSEE: City of Beaumont Fairgrounds By: By: Position: Position: Date: Date: