HomeMy WebLinkAboutRES 11-168 RESOLUTION NO. 11-168
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 two (2) year lease
agreement, with an option to renew for an additional one (1)year term,with Jehovah Jireh
Village CDC, Inc. (Lessee), for$1,500 per year for property located at 3455 Sarah Street,
Beaumont,Texas. 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 7th day of June,
2011.
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(,M*or Becky Ames -
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L.L.MELTON LEASE AGREEMENT
Date: June 8,2011
Lessor: City of Beaumont
Lessor's Physical Address: 801 Main Street
Beaumont,Texas 77701
Lessee: Jehovah Jireh Village CDC,Inc.
Lessee's Mailing Address: P. O.Box 20214
Beaumont,Texas 77720
Landlord: The City of Beaumont,Texas
Landlord's Mailing Address: P. O. Box 3827
Beaumont,Texas 77704
Leased Premises: Being a portion ofthe North one-half(N.'/2)of Block Nineteen(19)in the A C.
Cartwright Subdivision in the I W.Bullock League of the City of Beaumont,
Jefferson County,Texas,and described by metes and bounds as follows:
BEGINNING at an iron pin in the West line of BlockNineteen(19)marking the
division of the North one-half(N.'/2)and South one-W(S.'/:)offflwkNintteen(19),
said iron pin being the Southwest corner of the North one-half(N.''/z)and the
Northwest corner of the South one-half(S.1/2);
THENCE,North 0 008'30"East along the West line of the North one-half(N.'/z)of
Block Nineteen(19)a distance of two hundred ninety and sixty-five one
hundredths feet(290.65)to a point for comer,said point being South fifteen feet
(15')from the Northwest corner of said Block Nineteen(19);
THENCE,East fifteen feet(15)from and parallel to the North line of said Block
Nineteen(19)a distance of six hundred ninety-seven and five-tenths feet(697.51
to a point,said point being fifteen feet(15)from the East line of said Block
Nineteen(19);
THENCE,South 0°08'30"West fifteen feet(15)from and parallel to the east line of
said Block Nineteen(19)a distance of two hundred ninety and sixty-five one
hundredths feet(290.65')to a point for corner in the dividing line between the
North one-half(N.'/z)and the South one-half(S.'/z)of Block Nineteen(19);
THENCE,West along the dividing line between the North and South one-half(N.
and S.''/z)of Block Nineteen(19)a distance of six hundred ninety-seven and five-
tenths feet(697.5')to the place of beginning,said tract containing four and
sixty-five one hundredths(4.65)acres more or less.
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Lease Commencement Date: This Agreement will commence upon execution by Lessor and Lessee.
Lease Term: The initial term of this lease is twenty-four(24)months,commencing on
June 8,2011 and ending on June 7,2013.
Lessee shall also be granted the option to renew this lease for an
additional one(1)year term. Lessee shall provide Lessor with written
notice of its intention to exercise the option to renew at least sixty(60)
days prior to the ending date of the initial tern.
Lease Rent: One Thousand Five Hundred Dollars($1,500.00)per year.
Permitted Lease Use: Recreational,education,social,and civic activities.
1. Lessee agrees to lease the Leased Premises for the Lease Term beginning on the Lease
Commencement Date and ending on the Lease Termination Date.
2. Lessee acknowledges and agrees that the total rent under this Lease is the sum of One Thousand
Five Hundred Dollars($1,500.00). Lessee agrees to pay Lessor said amount in twelve 12
monthly installments of One Hundred Twenty-Five Dollars($125.00)each,payable at the office
of the Central Cashier,or her successors,located in City Hall,Beaumont, Texas,beginning upon
execution of Lease Agreement and payable on or before the 5a'day of each month thereafter during
the term of this Lease. All checks shall be made payable to"The City of Beaumont". Lessee shall
not be held in default for nonpayment of rent unless and until Lessor gives Lessee ten(10)days notice
in writing of said nonpayment.
3. The premises are leased to be used for the purpose of providing recreational for educational,
social,and civic activities for the general public. Lessee agrees to restrict the use of the Leased
Premises to such purposes,and not to use,or permit the use of the premises for any other purpose
without first obtaining the consent in writing of the City Manager. Lessee further agrees that the
facility will be open to the general public for recreational purposes during regular business hours as
long as it does not unreasonably interfere with other organized activities. Lessee is permitted to
charge a fee for special activities and events such as camps,sports leagues,daycare and facility room
rental for organizational meetings. Fees charged for activities not specifically listed are subject to
the prior approval of the City Manager of the City of Beaumont.
4. Lessee shall have no authority to incur any obligations on behalf of Lessor,and Lessor is not obligated
to furnish Lessee any equipment or improvements beyond those agreed to by the parties.
5. All operations conducted or permitted by Lessee on the Leased Premises shall be in accord with all
laws and ordinances. Lessee shall not create or allow any nuisance to exist on the premises,or use or
allow the premises to be used for any unlawful purpose.
6. Neither the Leased Premises nor any improvements placed thereon shall be used as security for any
debt without the prior written consent of the City Manager.
7. Lessee shall indemnify,save,and keep harmless Lessor from all liabilities,claims,judgments,
damages, injuries,costs, and expenses that may in any manner come against Lessor in
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consequence of or result from any operations that may be conducted or carried out on the Leased
Premises. Lessee shall carry public liability,bodily injury insurance on the Lease Premises,the cost
of said insurance policies to be borne by Lessee. Said policies of insurance may be approved by
Lessor and must be written on companies acceptable to Lessor. Said insurance policies shall name
Lessor as an additional insured. Said policies,or duplicate originals thereof,must be filed with the
City Clerk of the City of Beaumont.
8. Lessee accepts the Premises in its present"AS-IS,WHERE IS"condition and with all faults. By
occupying the Premises,Lessee:
(a) acknowledges that Lessee has had full opportunity to examine the Premises and is
fully informed,independently of Lessor or any employee,agent,representative,
shareholder,officer or director of Lessor,as to the character,construction and
structure of the Premises;
(b) acknowledges that neither Lessor nor any of Lessor's employees,agents,
representatives,shareholders,officers or directors,has made any representations,
warranties or promises with respect to the Premises,including without limitation any
representation or warranty as to fitness thereof for any purpose;and
(c) accepts the Premises in an"AS-IS,WHERE IS"condition.
9. Lessee must maintain the Premises in good condition.
10. Lessee agrees to be responsible for the following obligations of the Premises,utilities,personnel and
any programs offered by Lessee. Lessor agrees to be responsible for grounds upkeep and
maintenance,facility maintenance for such things as roof,HVAC systern operation,major
plumbing repairs and the structural integrity of the building.
11. Lessee will provide ongoing community groups who currently meet at the Premises the opportunity
to continue to utilize the facility for community activities.
12. Lessee agrees:
(a) not to alter the Leased Premises without the consent of Lessor or Landlord;
(b) not to allow a lien to be placed on the Leased Premises;
(c) nor assign this Lease or Lease any portion of the Leased Premises without first
receiving consent of the Lessor.
13. Lessor agrees:
(a) to lease the Leased Premises to Lessee for the Lease Term;
(b) to maintain premises and improvements in a good state of repair,and
(c) maintain property damage insurance on the Lease Premises.
14. TAXES: Unless otherwise agreed by the parties,Lessor will pay all real property ad valorem taxes
assessed against the Leased Premises if any. Lessee shall be responsible for all taxes assessed against
its personal property,if any.
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15. UTILITIES:
A. The parry designated below will pay for the following utility charges to the Leased
Premises and any connection charges for the utilities. (Check all that apply.)
N/A City of Bust. JJv
(1) Water X
(2) Sewer X
(3) Electric X
(4) Gas X
(5) Telephone X
(6) Trash X
(7) Cable X
(8) All other utilities X
(9) Other(specify)
B. The P party responsible for the charges under Paragraph 15 will pay the char g es directly to
the utility service provider.The responsible party may select the utility service provider,
except that if Lessee selects the provider,any access or alterations to the Property or Leased
Premises necessary.for the utilities may be made only with Lessor's prior consent,which Lessor
will not unreasonably withhold. If Lessor incurs any liability for utility or connection charges
for which Lessee is responsible to pay and Lessor pays such amount,Lessee will immediately
upon written notice from Lessor reimburse Lessor such amount.
16. INSURANCE:
A. During all times this lease is in effect,Lessee must,at Lessee's expense,maintain in
full force and effect from an insurer authorized to operate in Texas:
(1) public liability insurance in an amount not less than $1,000,000.00 on an
occurrence basis naming Lessor as an additional insured;and
(2) personal property damage insurance for Lessee's business operations and contents on
the Leased Premises in an amount sufficient to replace such contents after a casualty
loss.
B. Before the Commencement Date,Lessee must provide Lessor with a copy of insurance
certificates evidencing the required coverage. If the insurance coverage is renewed or
changed in any manner or degree at any time this lease is in effect,Lessee must,not later
than ten(10)days after the renewal or change,provide Lessor a copy of an insurance
certificate evidencing the renewal or change.
C. If Lessee fails to maintain the required insurance in full force and effect at all times this
lease is in effect,Lessor may purchase insurance that will provide Lessor the same
coverage as the required insurance and Lessee must immediately reimburse Lessor for
such expense.
D. Unless the parties agree otherwise,Lessor will maintain in full force and effect
insurance for fire and extended coverage in an amount to cover the reasonable
replacement cost of the improvements of the Property.
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17. MAINTENANCE AND REPAIRS:
A. Cleaning: Lessee must keep the leased premises clean and sanitary and promptly
dispose of all garbage in appropriate receptacles.
B. Repairs of Conditions Caused by a Party: Each Party must promptly repair a
condition in need of repair that is caused,either intentionally or negligently,by that party
or that party's guests, invitees,contractors or permitted subtenants.
C. Repair and Maintenance Responsibility: Except as otherwise provided,the party
designated below,at its expense,is responsible to maintain and repair the following
specified items in the leased premises(if any). The specified items must be in clean and
good operable condition. If a governmental regulation or order requires a modification to
any of the specified items,the party designated to maintain the item must complete and pay
the expense of the modification. The specified items include and relate only to real
property in the Leased Premises. Lessee is responsible for the repair and maintenance of
its personal property. (Check all that apply.)
N/A city Ci JJV
(Lessor) (Lessee)
(1) Foundation,exterior walls,roof,and X
other structural components
(2) Glass and windows X
(3) Fire protection equipment and X
fire sprinkler systems
Exterior&overhead doors,including
(4) closure devises,molding,locks,and X
hardware
5) Grounds maintenance,including
( landscaping and irrigation systems X
Interior doors,including closure
(6) devices,frames,molding,locks,and X
hardware
(7) Parking areas and walks X
Plumbing systems,drainage systems,
O 8 electrical systems,and mechanical
X
systems,except systems or items
specifically designated otherwise
(9) Ballast and Lamp replacement X
(10) Heating;Ventilation and X
Air Conditioning(HVAC)Systems
Signs and Lighting:
a) Pylon X
(11) b) Facia X
c) Monument X
d) Door/Suite X
(13) Fences and Gates X
(14) Storage yards and storage buildings X
(15) Wood-destroying insect treatment X
and repairs
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(16) Cranes and related systems X
(17) All other items and systems X
f (18) Other(specify)
(19) Other(specify)
D. Repair Persons: Repairs must be completed by trained,qualified,and insured
repair persons.
E. Notice of R_pairs: Lessee must promptly notify Lessor of any item that is in need of
repair and that is Lessor's responsibility to repair. All requests for repairs to Lessor must be
in writing.
F. Failure to Repair: Lessor must make a repair for which Lessor is responsible within a
reasonable period of time after Lessee provides Lessor written notice of the needed repair. If
Lessee fails to repair or maintain an item for which Lessee is responsible within ten(10)
days after Lessor provides Lessee written notice of the needed repair or maintenance,Lessor
may repair or maintain the item,without liability for any damage or loss to Lessor,and
Lessee must immediately reimburse Lessor for the cost to repair or maintain.
18. Lessor's remedies for Lessee's default are to terminate this Lease by written notice.
19. Default by Lessor is failing to comply with any provision of this Lease within thirty days(30)
after written notice unless there is some circumstance beyond the control of the Lessor
preventing compliance within thirty(3 0)days after notice.
20. This Lease constitutes the sole and entire agreement of the parties with respect to the subject matter
hereof and supersedes any prior understandings or written or oral agreement between the parties
respecting such subject matter.
21. The individual executing this Lease on behalf of Lessee represents and warrants to Lessor that
Lessee has full right and authority to enter into this Lease and performance obligations hereunder.
22. The personal property and contents of the Premises will remain the sole property of Lessor. Lessee
may use the property with the permission of Lessor. At the end of the Lease Agreement the
personal property will remain the property of Lessor unless other arrangements are made.
23. All notices between the Lessee and Lessor are to be sent by certified or registered mail,return
receipt requested,to the following addresses:
LESSOR: LESSEE:
Attn: Manager
City of Beaumont Jehovah Jireh Village CDC,Inc.
P. O.Box 3827 P.O. Box 20214
Beaumont,Texas 77704 Beaumont,Texas 77720
24. Any disputes concerning this Lease Agreement will be governed by the laws of the State of Texas
and venue for those disputes shall be in Jefferson County,Texas.
25. Either Lessor or Lessee may terminate this Agreement upon sixty(60)days written notice to the other
party.
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! 26. By the execution of this Lease,Lessee does not intend to assume any obligations or responsibilities
of the$1,000,000 Section 108 Loan Agreement dated December 27,2001,and secured by a Loan
Agreement,Security Agreement,Promissory Note and Deed of Trust,all dated March 21,2003.
SIGNED:
LESSOR: LESSEE:
City of Beaumont Jehovah Jireh Village CDC,Inc.
Kyle Hayes Felicia Young
City Manager Executive Director
Title Title
Date Date
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