HomeMy WebLinkAboutRES 10-149 RESOLUTION NO. 10-149
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 three (3)year lease
agreement, commencing on July 1, 2010 and expiring on June 30, 2013, with Jacquelyn
Cake and Colin Sheppard(Landlords)for$1,425.00 per month for property located at 2510
North 11th Street, Suite "A," and one-third (1/3) of the adjacent parking lot, Beaumont,
Texas, for operation of EMS Med Station No. 1. The lease 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 8th day of June,
2010.
- Mayor Becky Ames -
NNit `�
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between Jacquelyn Cake,of Shgg,
Florida(PrimaW,and Colin M. Sheppard.Berea,Ohio(Secondary), hereinafter called"Landlord,"
and .The City of Beaumont,of Jefferson County:Texas ,hereinafter called"Tenant."
In consideration of the mutual covenants and agreements herein set forth, and other good and
valuable consideration,Landlord does hereby demise and lease to Tenant,and Tenant does hereby lease
from Landlord,certain real property and improvements thereon at 2510 North 111'Street, Suite"A".
and one-third(1/3)of the gagmt parkin lot of ' located in the City of Beauront,hereinafter called the
"leased premises."
ARTICLE 1. TEkM OF LEASE
1.1 The term of this Lease shall be for a period of three(3)years,commencing on July 1.20 10
and ending at.11:59 p.m.on June 30,2013 ,unless sooner terminated as herein provided.
ARTICLE 2. RENT
2.1 Tenant agrees to pay to Landlord rent in monthly installments of One Thousand Four
Hundred and Twenty Five Dollars and No Cents($1,425.002 each,with the first such installment being
due and payable on July 1,2010 and a like installment of rent being due and payable on the first(1 st)day
of each calendar month thereafter.
2.2 All rent payable hereunder shall be paid to Landlord by mailing to the address shown,
direct payment, or such other place or places as Landlord may from time to time designate in writing to
Page 1 of 6
EXHIBIT "A"
Tenant,to:
Ms. Jacquelyn Cake
P.O.Box 397
Steinhatchee,FL 32359
ARTICLE 3. BUSINESS
3.1 Tenant shall operate the leased premises only for the use and purposes for which it is let,
to-wit:Municipal uses. Tenant will comply,and will cause its employees, agents and invitees to comply,
with all applicable laws and ordinances and with all rules and regulations of governmental agencies.
ARTICLE 4. MAE4TENANCE AND SURRENDER
4.1 Landlord shall repair and maintain in good condition the roof, foundation,exterior doors,
exterior walls,electrical and plumbing systems,major components of the heating and air conditioning
systems,the adjacent driveways and parking lot of the leased premises;provided, however,Landlord
shall not be obligated to perform any maintenance,repairs or replacements made necessary by the
negligence of Tenant or Tenant's agents,employees or invitees,which maintenance,repairs or
replacements shall be performed by Tenant at Tenant's sole cost and expense. All other repairs,
maintenance and replacements necessary to maintain the leased premises in good condition,not
specifically allocated to the Landlord in this Article 4,shall be made by Tenant at Tenant's sole cost and
expense, including without limitation air conditioner filters,stopped up plumbing lines,and janitorial
services. All maintenance,repairs and replacements shall be made promptly by the party responsible as
and when necessary.
4.2 Tenant shall throughout the Lease term maintain the leased premises in an orderly
condition as provided above and keep them free from waste or nuisance. At the termination of this
Lease,Tenant shall deliver up the leased premises in a clean and sanitary condition in good repair and
condition,reasonable wear and tear and damage by fire,tornado or other casualty,not caused through the
Page 2 of 6
fault of Tenant or any of Tenant's agents,invitees or employees,only excepted.
4.3 Landlord will conduct a move-out inspection of the premises when Tenant vacates and
the cost of any damage repairs above reasonable wear may be billed to Tenant.
4.4 If Tenant fails to pay lease or other amount owed for a period of thirty(30)days,or if
Tenant abandons the building,then Landlord may terminate the Lease Agreement with or without
demand for performance by giving Tenant thirty(30)days written notice to vacate,and Landlord may be
entitled to possession by eviction suit. Notice may be mailed or personally delivered to Tenant.
ARTICLE 5. OBLIGATIONS OF LANDLORD AND TENANT
5.1 The monthly rental amount stated in Article 2.1 above includes payments for water and
garbage services. Tenant shall be responsible for the payment of telephone and electricity services.
5:2 Tenant shall pay all personal property,taxes,if any,imposed on the equipment,
inventory,fixtures and other personal property located on the leased premises. Landlord shall pay all
real property taxes on the leased premises.
5.3 Landlord shall,at its expense,maintain such casualty insurance covering the leased
premises as it deems appropriate to cover its interest thereon. Tenant should maintain such insurance as
it deems appropriate to protect its property on the leased premises.
5.4 Tenant shall not create any openings in the roof or exterior walls,nor make any
alterations,additions or improvements to the leased premises without the prior written consent of
Landlord. Consent for nonstructural alterations,additions or improvements shall not be unreasonably
withheld or delayed by Landlord. Redecorating,refurnishing,painting and other nonstructural
renovations which do not decrease the value of the building may be made by Tenant with Landlord's
consent. Tenant shall have the right at all times to erect or install fixtures,provided that Tenant complies
with all applicable governmental laws,ordinances and regulations. Tenant shall have the right to remove
Page 3 of 6
prior to termination of this Lease such fixtures so installed,provided Tenant is not in default under any of
the terms, covenants or conditions of this Lease;however,tenant shall,not later than five(5)days after
the termination of this Lease,repair any damage caused by such removal. All alterations,additions or
improvements made by Tenant,which are not actually removed from the leased premises by Tenant,
under the provisions of the preceding paragraph,shall become the property of Landlord at the
termination of this Lease.
5.5 Tenant shall have the right to install any signs on the leased premises;however,Tenant
shall be wholly responsible for any and all direct or consequential damage caused by the placement,
erection or removal of such signs. Tenant shall remove all signs at the termination of this Lease and shall
repair any damage and close any holes caused by such removal.
5.6 Landlord shall not be liable to Tenant for losses to person or property caused by other
Tenants or by theft,burglary,assault,vandalism or other crimes. Landlord shall not be liable for
personal injury or for damages to or loss of Tenant's personal property from fire, flood water,leaks or
I
other occurrences,unless such damage or injury is caused by negligence of Landlord.
5.7 Either party may cancel this contract after the initial three(3)year term by giving to the
other parry ninety(90)days notice of said termination in writing. Any obligation to pay rent under this
lease will also terminate with such cancellation. Tenant shall within said ninety(90)days vacate the
space and remove all of Tenant's property therefrom. Any properly belonging to Tenant not removed
within said ninety(90)day period shall become the property of the Landlord.
ARTICLE 6. MISCELLANEOUS
6.1 No amendment,modification or alteration of the terms of this agreement shall be binding
unless made in writing,dated after the execution date of this agreement and duly signed by the Landlord
and Tenant.
Page 4;of 6
6.2 Should Tenant hold over on the leased premises,or any part thereof, after the expiration
of the initial term of this Lease or any extension thereof with the permission of Landlord,unless
otherwise agreed in writing, such Bolding over shall constitute and be construed as a tenancy from
month-to-month only. Rent for such month to month tenancy shall be at a monthly rate of One Thousand
Four Hundred Twenty-Five Dollars and No Cents(S 1,425.00),payable in advance on the first(1 st)day
of each calendar month during the term of such month to month tenancy. The inclusion of Section 6.2
shall not be construed as Landlord's automatic consent for Tenant to hold over.
6.3 Notwithstanding anything contained in this Lease to the contrary,in the event no funds
or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means
whatsoever in any fiscal period for lease payments due under this Lease,Tenant will immediately notify
Landlord in writing of such occurrence and this Lease shall terminate on the last day of the fiscal period
for which appropriations have been received or made without penalty or expense to Tenant.
6.4 Tenant may contact either Primary or Secondary Landlord for notices,amendments to
this Agreement,or any other action or notice called for in this Agreement. Either the Primary or
Secondary Landlord may bind both Landlords.
Page 5 of 6
Contract information for all parties is as follows:
Landlord(Primary): Tenant:
Ms.Jacquelyn Cake City Manager
P. O.Box 397 City of Beaumont
Steinhatchee,FL 32359 P. O.Box 3827
Beaumont,TX 777043827
Phone: 440-382-4306 Phone: 409-880-3720
Phone: 352-2647811
Phone: 352-498-5954
Landlord(Secondary):
Colin M.Sheppard
51 Riverside Drive
Berea,OH 44017
Phone: 440-263-9177
Phone: 440-243-3821
EXECUTED,this the day of ,2010.
LANDLORD(PRIMARY): TENANT:
JACQUELYN CAKE CITY OF BEAUMONT
Jacquelyn Cake Kyle Hayes,City Manager
LANDLORD(SECONDARY):
COLIN M.SHEPPARD
Colin M. Sheppard
G`Dowmoou ob 8atlnv15omdsVdy Dow®ar1NTDOCRII.EASBSP16Mtii.tm St-GLMWMFAUDIOL.arct,MWA$r mIO-WO tta B..yd
Page 6 of 6
Log Report
Msg Count: 793 9
SELECT*FROM plog WHERE(userid LIKE'TANNA')AND(rectime>='6/1/2010'AND rectime<_
'6/28/2010 4:02:00 PM')ORDER BY actindex
Log Entry Unit-User Name At Action
Message Or Action
4766813 PCAD5 -DRAKE,TANNA 6/10/2010 1:45:08AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 01:45:08 HAROLD I AM TRYING TO GET CULTURED
4766819 PCAD5 -DRAKE,TANNA 6/10/2010 1:48:07AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 01:48:07 ARMAND DO THEY KNOW HIS DATE OF BIRTH
4766820 PCAD5 -DRAKE,TANNA 6/10/2010 1:48:24AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 01:48:24 ARMAND AND WHAT IS THE ADDRESS OF THE
PROTECTED PERSON.-SO I CAN VERIFY THE ORDER
4766844 PCAD5 -DRAKE,TANNA 6/10/2010 1:52:19AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 01:52:19 BRYAN2 ITS GONNA BE UNDER THE ADDRESS OF THE
PROTECTED PERSON...IM CKING NIC&TIC
4766846 PCAD5 -DRAKE,TANNA 6/10/2010 1:52:31AM 49
WANTED PERSON BY NAME=
BQX2.02366.TDR0027.QW.TX12301X2.NAM/ROBERTSON 10 1:5 :31AM /M.RAC/U.DOB/19830618
4766847 PCAD5 -DRAKE,TANNA 6/10/2010 1:52:31AM 43
IN-STATE PERSON BY NAME=
B QX2.02366.TDR0027.RDL.TX 12301 X2.NAM/ROBERTSON,GREGORY.DOB/06181983
4766851 PCAD5 -DRAKE,TANNA 6/10/2010 1:52:58AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 01:52:58 BRYAN2 THANKS DEAR,BRAIN COLLAPSE
4766873 PCAD5 -DRAKE,TANNA 6/10/2010 1:57:07AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 01:57:07 GARY2 FROM THE SEXUAL ASSAULT?
4766879 PCAD5 -DRAKE,TANNA 6/10/2010 1:57:33AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 01:57:33 GARY2 124 ASKED FOR ONE...PATROL 2 GAVE THEM
10-13562
4766900 PCAD5 -DRAKE,TANNA 6/10/2010 2:00:21AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 02:00:21 163,162 THIS IS THE RETURN FROM GREGORY
ROBERTSON...AND THE ADDRESS SHE LIVES AT...PREMISE SHOWS EMERGENCY PROTECTIVE ORDER
62264232 QW.TX12301X2.BQX2. TXT NNOIBQX2 02366 . TX12301X2 *****WARNING-THE FOLLOWING
IS A TCIC PROTECTION ORDER RECORD.DO NOT SEARCH,DETAIN,OR ARREST BASED SOLELY ON THIS
RECORD.CONTACT ENTERING AGENCY TO CONFIRM STATUS AND TERMS OF PROTECTION ORDER*
MKE/PROTECTIVE ORDER ORI/TX1230100 NAM/ROBERTSON,GREGORY CHARLES SEX/M RACB POB/TX
DOB/19830618 HGT/604 WGT/330 EYEBRO HAI/BLK FBI/791237MB9 CTZ/US SKN/DBR SMT/SC RF ARM
ETH/N MNU/PI-TX06388412 SOC/460633631 SID/TX06388412 OLN/20506674 OLS/TX OLY/2008 BRD/U
ISD/20090710 EXP/20110710 CT
4766952 PCAD5 -DRAKE,TANNA 6/10/2010 2:10:30AM 46
STOLEN VEHICLE BY LIC=BQX2.02366.TDR0027.QV.TX12301X2.LIC/Z60FBK.LIS/TX
4766953 PCAD5 -DRAKE,TANNA 6/10/2010 2:10:30AM 46
IN-STATE VEHICLE REGISTRATION BY LIC=
B QX2.023 66.TDR0027.REG.TX 12301X2.LIC/Z60FBK.LIY/2011.FRT/E
4766972 PCAD5 -DRAKE,TANNA 6/10/2010 2:26:52AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 02:26:52 BRYAN2 WELL WHY R THEY CALLIN
4766991 PCAD5 -DRAKE,TANNA 6/10/2010 2:32:51AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 02:32:51 BRYAN21 SURE DID
4767003 PCAD5 -DRAKE,TANNA 6/10/2010 2:39:53AM 32
PCAD5 TANNA DRAKE,TANNA 06/10/10 02:39:53 163 MAP HASNT UPDATED YET
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between Jacquelyn Cake,of Steinhatchee,
Florida(Primary), and Colin M. Sheppard,Berea, Ohio (Secondary)_hereinafter called"Landlord,"
and The City of Beaumont, of Jefferson County, Texas , hereinafter called "Tenant."
In consideration of the mutual covenants and agreements herein set forth,and other good and
valuable consideration, Landlord does hereby demise and lease to Tenant,and Tenant does hereby lease
from Landlord, certain real property and improvements thereon at 2510 North 11"' Street, Suite "A"
and one-third(1/3) of the adjacent parking lot , located in the City of Beaumont,hereinafter called the
"leased premises."
ARTICLE 1. TERM OF LEASE
1.1 The term of this Lease shall be for a period of three (3)years, commencing on July 1,2010
and ending at 11:59 p.m. on June 30, 2013 ,unless sooner terminated as herein provided.
ARTICLE 2. RENT
2.1 Tenant agrees to pay to Landlord rent in monthly installments of One Thousand Four
Hundred and Twenty-Five Dollars and No Cents ($1,425.00)each, with the first such installment being
due and payable on July 1, 2010 and a like installment of rent being due and payable on the first(1st)day
of each calendar month thereafter.
2.2 All rent payable hereunder shall be paid to Landlord by mailing to the address shown,
direct payment, or such other place or places as Landlord may from time to time designate in writing to
Page 1 of 6
Tenant, to:
Ms. Jacquelyn Cake
P. O. Box 397
Steinhatchee,FL 32359
ARTICLE 3. BUSINESS
3.1 Tenant shall operate the leased premises only for the use and purposes for which it is let,
to-wit: Municipal uses. Tenant will comply, and will cause its employees,agents and invitees to comply,
with all applicable laws and ordinances and with all rules and regulations of governmental agencies.
ARTICLE 4. MAINTENANCE AND SURRENDER
4.1 Landlord shall repair and maintain in good condition the roof, foundation, exterior doors,
exterior walls, electrical and plumbing systems,major components of the heating and air conditioning
systems, the adjacent driveways and parking lot of the leased premises; provided,however, Landlord
shall not be obligated to perform any maintenance,repairs or replacements made necessary by the
negligence of Tenant or Tenant's agents, employees or invitees,which maintenance,repairs or
replacements shall be performed by Tenant at Tenant's sole cost and expense. All other repairs,
maintenance and replacements necessary to maintain the leased premises in good condition,not
specifically allocated to the Landlord in this Article 4, shall be made by Tenant at Tenant's sole cost and
expense,including without limitation air conditioner filters, stopped up plumbing lines, and janitorial
services. All maintenance,repairs and replacements shall be made promptly by the party responsible as
and when necessary.
4.2 Tenant shall throughout the Lease term maintain the leased premises in an orderly
condition as provided above and keep them free from waste or nuisance. At the termination of this
Lease,Tenant shall deliver up the leased premises in a clean and sanitary condition in good repair and
condition, reasonable wear and tear and damage by fire, tornado or other casualty,not caused through the
Page 2 of 6
fault of Tenant or any of Tenant's agents, invitees or employees, only excepted.
4.3 Landlord will conduct a move-out inspection of the premises when Tenant vacates and
the cost of any damage repairs above reasonable wear may be billed to Tenant.
4.4 If Tenant fails to pay lease or other amount owed for a period of thirty(30)days, or if
Tenant abandons the building,then Landlord may terminate the Lease Agreement with or without
demand for performance by giving Tenant thirty(30) days written notice to vacate,and Landlord may be
entitled to possession by eviction suit. Notice may be mailed or personally delivered to Tenant.
ARTICLE 5. OBLIGATIONS OF LANDLORD AND TENANT
5.1 The monthly rental amount stated in Article 2.1 above includes payments for water and
garbage services. Tenant shall be responsible for the payment of telephone and electricity services.
5.2 Tenant shall pay all personal property taxes, if any, imposed on the equipment,
inventory, fixtures and other personal property located on the leased premises. Landlord shall pay all
real property taxes on the leased premises.
5.3 Landlord shall, at its expense,maintain such casualty insurance covering the leased
premises as it deems appropriate to cover its interest thereon. Tenant should maintain such insurance as
it deems appropriate to protect its property on the leased premises.
5.4 Tenant shall not create any openings in the roof or exterior walls, nor make any
alterations, additions or improvements to the leased premises without the prior written consent of
Landlord. Consent for nonstructural alterations, additions or improvements shall not be unreasonably
withheld or delayed by Landlord. Redecorating, refurnishing,painting and other nonstructural
renovations which do not decrease the value of the building may be made by Tenant with Landlord's
consent. Tenant shall have the right at all times to erect or install fixtures, provided that Tenant complies
with all applicable governmental laws, ordinances and regulations. Tenant shall have the right to remove
Page 3 of 6
prior to termination of this Lease such fixtures so installed,provided Tenant is not in default under any of
the terms, covenants or conditions of this Lease; however, tenant shall,not later than five(5) days after
the termination of this Lease,repair any damage caused by such removal. All alterations, additions or
improvements made by Tenant,which are not actually removed from the leased premises by Tenant,
under the provisions of the preceding paragraph, shall become the property of Landlord at the
termination of this Lease.
5.5 Tenant shall have the right to install any signs on the leased premises; however,Tenant
shall be wholly responsible for any and all direct or consequential damage caused by the placement,
erection or removal of such signs. Tenant shall remove all signs at the termination of this Lease and shall
repair any damage and close any holes caused by such removal.
5.6 Landlord shall not be liable to Tenant for losses to person or property caused by other
Tenants or by theft,burglary, assault, vandalism or other crimes. Landlord shall not be liable for
personal injury or for damages to or loss of Tenant's personal property from fire,flood water, leaks or
other occurrences, unless such damage or injury is caused by negligence of Landlord.
5.7 Either party may cancel this contract after the initial three(3)year term by giving to the
other party ninety (90) days notice of said termination in writing. Any obligation to pay rent under this
lease will also terminate with such cancellation. Tenant shall within said ninety(90)days vacate the
space and remove all of Tenant's property therefrom. Any property belonging to Tenant not removed
within said ninety(90) day period shall become the property of the Landlord.
ARTICLE 6. MISCELLANEOUS
6.1 No amendment,modification or alteration of the terms of this agreement shall be binding
unless made in writing, dated after the execution date of this agreement and duly signed by the Landlord
and Tenant.
Page 4 of 6
6.2 Should Tenant hold over on the leased premises, or any part thereof, after the expiration
of the initial term of this Lease or any extension thereof with the permission of Landlord, unless
otherwise agreed in writing, such holding over shall constitute and be construed as a tenancy from
month-to-month only. Rent for such month to month tenancy shall be at a monthly rate of One Thousand
Four Hundred Twenty-Five Dollars and No Cents ($1,425.00),payable in advance on the first(1 st)day
of each calendar month during the term of such month to month tenancy. The inclusion of Section 6.2
shall not be construed as Landlord's automatic consent for Tenant to hold over.
6.3 Notwithstanding anything contained in this Lease to the contrary, in the event no funds
or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means
whatsoever in any fiscal period for lease payments due under this Lease, Tenant will immediately notify
Landlord in writing of such occurrence and this Lease shall terminate on the last day of the fiscal period
for which appropriations have been received or made without penalty or expense to Tenant.
6.4 Tenant may contact either Primary or Secondary Landlord for notices,amendments to
this Agreement, or any other action or notice called for in this Agreement. Either the Primary or
Secondary Landlord may bind both Landlords.
Page 5 of 6