HomeMy WebLinkAboutRES 06-179 RESOLUTION NO. 06-179
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to amend the 2003 lease agreement with
Bryan and Bridget Markland for operation of the horse stables at Tyrrell Park. The
addendum to 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 13th day of
June, 2006.
Mayor Guy N. Goodson -
S.
ki
STATE OF TEXAS §
COUNTY OF JEFFERSON §
ADDENDUM TO LEASE AGREEMENT
WHEREAS,on September 30,2003, a Lease Agreement was entered into between
the City of Beaumont (hereinafter "City") and Bryan and Bridget Markland (hereinafter
"Tenant") for the lease of the property within Tyrrell Park in Beaumont, Jefferson County,
Texas (hereinafter the "Subject Property"); and,
WHEREAS, on September 24, 2005, hurricane Rita swept through Beaumont,
Texas, causing damage to the Subject Property and the buildings and trails thereon; and,
WHEREAS, the damage caused by Hurricane Rita affected Tenant's ability to do
business at Tyrrell Park; and,
WHEREAS, the parties have met pursuant to Paragraph 5.2.5 of the Lease
Agreement, and the City has decided to rebuild and clear the Subject Property and
continue the Lease Agreement with Tenant;
NOW, THEREFORE, the City lets and demises to Tenant, and Tenant takes from
the City, the Subject Property and all rights incident thereto, subject to the September 30,
2003, Lease Agreement, and the following addendums to such Agreement:
ARTICLE 1
TERM OF AGREEMENT
1.1.1 The primary term of this Agreement shall terminate on May 31, 2009, if not sooner
as provided in the Lease Agreement.
ARTICLE 2
RENTAL, FEES, AND PAYMENT
2.2.1 Beginning on July 1, 2006, Tenant shall make reduced rental payments of$375.00
per month, in addition to the monthly rental fee of five percent (5%) of its gross
receipts collected during the previous month, until such time as the barn roof repairs
are completed. On the first day of the month immediately subsequent to the date
that repairs to the roof of the barn on the Subject Property are completed, Tenant
shall resume making monthly rental payments of$500.00 per month, in addition to
the monthly rental fee of five percent (5%) of its gross receipts collected during the
previous month. The City will provide written notification to Tenant once the repairs
are complete.
EXHIBIT `A'
ARTICLE 7
IMPROVEMENTS TO PROPERTY
7.2.2 The City agrees to repair, at its own cost and expense, damage caused to the lights
on the Subject Property, by Hurricane Rita. The City will make such repairs within
a reasonable time, after June 1, 2006.
ARTICLE 8
GENERAL PROVISIONS
8.14 This Addendum hereby supercedes any provisions contained within the September
30, 2003, Lease Agreement that are in conflict with this Addendum. Any and all
other provisions of the Lease Agreement remain unchanged and in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of , 2006, at Beaumont, Texas.
CITY OF BEAUMONT: TENANT:
By: Kyle Hayes, City Manager Bryan Markland, Owner
Bridget Markland, Owner