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HomeMy WebLinkAboutRES 07-097 RESOLUTION NO. 07-097 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute all necessary documents, specifically including a License Agreement, in order for the Beaumont Police Department to maintain a Police Substation at Not Home Alone, Inc., located at 2750 IH-10 East. The License Agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3`d day of April, 2007. w�Ep,UMy111 - Mayor Guy N. Goodson - w AV AV Sublease 1. Names. This sublease is made by Not Home Alone,Inc.,Sub landlord,and City of Beaumont for use by the Beaumont Police Department,Subtenant. 2. Property Subleased. Sub landlord is subleasing to Subtenant, and Subtenant is subleasing from Sub landlord: The following part of the premises: 100 square feet at 2750 IH-10 E,Beaumont,TX 77703 3. Term of Sublease. This Sublease begins on March;19,2007 and ends on March 1`9,2008. 4. Rent. Subtenant will pay rent in the amount of$1.00 annually which will include the utilities and services listed below. 5. Utilities. (1) Electricity (2) Water (3) Gas (4) Alarm Service (5) Cleaning&Lawn Care Service (6) Pest Control 6. Option to Extend Sublease. Sub landlord grants Subtenant the option to extend this Sublease for additional time on the same terms except as follows: Rent will be subject to increase by no more than 25% per year as deemed necessary by Sub landlord. Subtenant may exercise this option only if Subtenant is in compliance with the terms of this Sublease.To exercise this option, Subtenant shall give Sub landlord written notice at least 30 days before the expiration date of the original Sublease term. 7. Notices from Landlord. If Landlord notifies Subtenant of any breach of the terms or conditions of the Original Lease which Subtenant is obligated to perform, Subtenant will immediately notify Sub landlord in writing. Subtenant will promptly cure any breach. If Landlord notifies Sub landlord of any breach of the terms or conditions of the Original Lease which Subtenant is obligated to perform, Sub landlord will immediately notify Subtenant in writing. Subtenant will promptly cure any breach. 8. Subletting and Assignment. Subtenant will not assign this Sublease or further sublet any part of the premises without the written consent of both Sub landlord and Landlord. Sub landlord will not unreasonably withhold such consent. 9. Liability. City of Beaumont(Subtenant) is self insured for all general and automobile liability and will hold Not Home Alone,Inc.(Sub landlord)harmless for all claims arising from City of Beaumont's (Subtenant's)use of the leased premises.There shall be no personal liability of sub landlord with respect to this lease. 10. Condition of Premises. Subtenant has inspected the premises and accepts the premises in as is condition. Subtenant shall maintain,at its sole cost and expense,the premises in good condition and make Sublease Page 1 EXHIBIT "A" all necessary replacements and repairs to the leased area except for structural repairs. In addition to all other remedies of the sub landlord, if subtenant does not complete its obligations to repair and maintain the premises,or if sub landlord, in the exercise or its sole discretion,determines that emergency repairs are necessary,or repairs or replacement of any portion of the premises are made necessary by any act, omission,or negligence of subtenant or its agents,employees,contractors or assignees,then in any such event, sub landlord may make such repairs,maintenance,or replacement subtenant shall pay upon demand, as additional fees,sub landlord's costs for making such repairs,maintenance,or replacements together with landlord's administrative costs related thereto which amount shall equal 1.5 times the total costs of repair, maintenance, or replacement. Furthermore,subtenant shall immediately notify sub landlord of any defects of unsafe conditions in the common areas immediately adjacent to the premises. 11. Disputes. Mediation and Possible Arbitration. If a dispute arises,the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers'fees,will be allocated by the arbitrator. Sub landlord need not participate in mediation or arbitration of a dispute unless Subtenant has paid the rent called for by this lease or has placed any unpaid rent in escrow with an agreed-upon mediator or arbitrator. 12. Entire Agreement.This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties,as well as any prior writings. 13. Successors and Assignees. This agreement binds and benefits the heirs,successors and assignees of the parties. 14. Notices. All notices must be in writing.A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered: (1)In person, (2)By certified mail,or (3)By overnight courier. 15. Governing Law. This agreement will be governed by and construed in accordance with the laws of the state of Texas. 16. Counterparts. The parties may sign several identical counterparts of this agreement.Any fully Sublease Page 2 signed counterpart shall be treated as an original. 17. Modification. This agreement may be modified only by a writing signed by the party against whom such modification is sought to be enforced. 18. Waiver. If one party waives any term or provision of this sublease at any time,that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this sublease,that party retains the right to enforce that term or provision at a later time. 19. Severability. If any court determines that any provision of this agreement is invalid or unenforceable,any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render the provision valid and enforceable. 20. Insurance. Subtenant is self-insured 21. Negation of Sublease. Sub landlord retains the right to negate this sublease within 90 days of its execution is Subtenant's conduct does not meet the standard of normal business etiquette. Sub landlord will give subtenant written 30 day notice if negation of this sublease is deemed necessary. Dated: Monday,August 21,2006 SUBLANDLORD Name of Business:Not Home Alone,Inc. a corporation By: Printed Name: Charles E Holder Title: President Address: P.O.Box 1031 Beaumont,TX 77704-1031 SUBTENANT Name of Business: City of Beaumont for use by the Beaumont Police Department By: Printed Name: Kyle Hayes Title: City Manager of Beaumont Address: 255 College St. Beaumont,TX 77701 Sublease Page 3 RESOLUTION NO. 07-098 WHEREAS, bids were received for a contract for the construction of the Consolidated Dispatch and Emergency Operations Center; and, WHEREAS, N&T Construction Company, Beaumont,Texas,submitted a bid in the amount of$2,434,000; and, WHEREAS, Change Order No. 1 will result in a deduction of $7,680 due to a discount offered by the elevator contract, thereby decreasing the contract amount to $2,426,320; and WHEREAS, City Council is of the opinion that the bid submitted by N & T Construction Company, Beaumont, Texas, should be accepted; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by N & T Construction Company, Beaumont, Texas, for a contract for the construction of the Consolidated Dispatch and Emergency Operations Center in the amount of$2,434,000 be accepted by the City of Beaumont; and BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute Change Order No. 1 reducing the contract amount by$7,680 for a total contract amount of$2,426,320. PASSED BY THE CITY COUNCIL of the City of Beaum nt this the 3rd day of April, 2007. or Q� M�NI,'\`�1 /�x v"Ill - Mayor Guy N. Goodson - i i S Sublease 1. Names. This sublease is made by Not Home Alone,Inc.,Sub landlord,and City of Beaumont for use by the Beaumont Police Department, Subtenant. 2. Property Subleased. Sub landlord is subleasing to Subtenant,and Subtenant is subleasing from Sub landlord: The following part of the premises: 100 square feet at 2750 IH-10 E,Beaumont,TX 77703 3. Term of Sublease. This Sublease begins on March 19,2007 and ends on March 19,2008. 4. Rent. Subtenant will pay rent in the amount of$1.00 annually which will include the utilities and services listed below. 5. Utilities. (1) Electricity (2) Water (3) Gas (4) Alarm Service (5) Cleaning&Lawn Care Service (6) Pest Control 6. Option to Extend Sublease. Sub landlord grants Subtenant the option to extend this Sublease for additional time on the same terms except as follows: Rent will be subject to increase by no more than 25% per year as deemed necessary by Sub landlord. Subtenant may exercise this option only if Subtenant is in compliance with the terms of this Sublease. To exercise this option, Subtenant shall give Sub landlord written notice at least 30 days before the expiration date of the original Sublease term. 7. Notices from Landlord. If Landlord notifies Subtenant of any breach of the terms or conditions of the Original Lease which Subtenant is obligated to perform, Subtenant will immediately notify Sub landlord in writing. Subtenant will promptly cure any breach. If Landlord notifies Sub landlord of any breach of the terms or conditions of the Original Lease which Subtenant is obligated to perform, Sub landlord will immediately notify Subtenant in writing. Subtenant will promptly cure any breach. 8. Subletting and Assignment. Subtenant will not assign this Sublease or further sublet any part of the premises without the written consent of both Sub landlord and Landlord. Sub landlord will not unreasonably withhold such consent. 9. Liability. City of Beaumont(Subtenant)is self insured for all general and automobile liability and will hold Not Home Alone,Inc.(Sub landlord)harmless for all claims arising from City of Beaumont's (Subtenant's)use of the leased premises.There shall be no personal liability of sub landlord with respect to this lease. 10. Condition of Premises. Subtenant has inspected the premises and accepts the premises in as is condition. Subtenant shall maintain,at its sole cost and expense,the premises in good condition and make Sublease Page 1 all necessary replacements and repairs to the leased area except for structural repairs. In addition to all other remedies of the sub landlord,if subtenant does not complete its obligations to repair and maintain the premises,or if sub landlord, in the exercise or its sole discretion,determines that emergency repairs are necessary,or repairs or replacement of any portion of the premises are made necessary by any act, omission,or negligence of subtenant or its agents,employees,contractors or assignees,then in any such event,sub landlord may make such repairs,maintenance,or replacement subtenant shall pay upon demand, as additional fees,sub landlord's costs for making such repairs,maintenance,or replacements together with landlord's administrative costs related thereto which amount shall equal 1.5 times the total costs of repair, maintenance,or replacement. Furthermore,subtenant shall immediately notify sub landlord of any defects of unsafe conditions in the common areas immediately adjacent to the premises. 11. Disputes. Mediation and Possible Arbitration.If a dispute arises,the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers'fees,will be allocated by the arbitrator. Sub landlord need not participate in mediation or arbitration of a dispute unless Subtenant has paid the rent called for by this lease or has placed any unpaid rent in escrow with an agreed-upon mediator or arbitrator. 12. Entire Agreement.This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties,as well as any prior writings. 13. Successors and Assignees. This agreement binds and benefits the heirs,successors and assignees of the parties. 14. Notices. All notices must be in writing.A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered: (1)In person, (2)By certified mail,or (3)By overnight courier. 15. Governing Law. This agreement will be governed by and construed in accordance with the laws of the state of Texas. 16. Counterparts. The parties may sign several identical counterparts of this agreement.Any fully Sublease Page 2 • signed counterpart shall be treated as an original. 17. Modification. This agreement may be modified only by a writing signed by the party against whom such modification is sought to be enforced. 18. Waiver. If one party waives any term or provision of this sublease at any time,that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this sublease,that party retains the right to enforce that term or provision at a later time. 19. Severability. If any court determines that any provision of this agreement is invalid or unenforceable,any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified,amended or limited only to the extent necessary to render the provision valid and enforceable. 20. Insurance. Subtenant is self-insured 21. Negation of Sublease. Sub landlord retains the right to negate this sublease within 90 days of its execution is Subtenant's conduct does not meet the standard of normal business etiquette. Sub landlord will give subtenant written 30 day notice if negation of this sublease is deemed necessary. Dated: Monday,August 21,2006 SUBLANDLORD Name of Business:Not Home Alone, Inc. a corporation By: Printed Name: Charles E Holder Title: President Address: P.O.Box 1031 Beaumont,TX 77704-1031 SUBTENANT Name of Business: C jty of Bea umonfor use by the Beaumont Police Department By: Il~ (J Printed Name: Kyle Hayes Title: City Manager of Beaumont Address: 255 College St. Beaumont,TX 77701 Sublease Page 3