HomeMy WebLinkAboutRES 13-106 RESOLUTION NO.13-106
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, 2013 and expiring on June 30, 2016, with Doxey-
Pleasant Properties, LLC (Landlord) for $1,520 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 14th day of May,
2013. ,A ( b��,
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May 14, 2013
Page 2 through 7
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between Jacquelyn Cake(Primary),
Doxey-Pleasant Properties, LLC,and Colin M. Sheppard (Secondary), Doxey-Pleasant Properties, LLC,
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°i 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 1,2013
and ending at 11:59 p.m.on June 30,2016 , unless sooner terminated as herein provided.
ARTICLE 2. RENT
2.1 'Tenant agrees to pay to Landlord rent in monthly installments of One Thousand Five
Hundred and Twenty Dollars and No Cents ($1,520.00) each,with the first such installment being
due and payable on July 1,2013 and a like installment of rent being due and payable on the first(1 st)day
EXHIBIT"A"
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
Tenant,to:
Doxey-Pleasant Properties,LLC
c/o Burns Properties
P. O.Box 3723
Beaumont,'Texas 77704
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'renant 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,shalt 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, including damage by fire, tornado or other casualty, not caused through the
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 described above, reasonable wear excluded, may be billed to Tenant.
4.4 If Tenant fails to pay lease or other amount owed for a period in excess 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'renant 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
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 or the agents or
employees of Landlord.
5.7 Either party may cancel this contract 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 Landlord has agreed to pay fifty percent(50%)of the cost of replacement of the carpet
and linoleum flooring, providing the Tenant agrees to pay the remaining fifty percent(50%)of the cost.
The replacement choice of flooring will be of reasonable cost and expects the type of flooring and cost
will be mutually agreed upon in writing by Landlord and Tenant prior to the purchase and installation of
said flooring. Tenant understands the flooring improvements shall remain once Tenant vacates the
building.
6.2 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 authorized and signed by
the Landlord and Tenant.
6.3 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 Five Hundred
Twenty and No Cents($1,520.00), payable in advance on the first(Ist)day of each calendar month
during the term of such month-to-month tenancy. The inclusion of Section 6.3 shall not be construed as
Landlord's automatic consent for Tenant to hold over.
6.4 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.
6.5 Tenant may contact the property manager for Landlord for notices, amendments to
this Agreement, or any other action or notice called for in this Agreement. Either the Primary Landlord,
Jacqueline Cake, or the Secondary Landlord, Colin M. Sheppard, may bind both Landlords.
6.6 Contract information for all parties is shown below:
LANDLORD: CITY OF BEAUMONT
Doxey-Pleasant Properties, LLC Kyle Hayes,City Manager
c/o Burns Properties City of Beaumont
P. O. Box 3723 P. O. Box 3827
Beaumont, Texas 77704 Beaumont, TX 77704
Phone: Phone:
409-866-2398 409-880-3716
EXECUTED, this the day of ,2013.
LANDLORD (Primacy): TENANT:
JACQUELYN CAKE CITY OF BEAUMONT
DOXEY-PLEASANT PROPERTIES, LLC
Jacquelyn Cake Kyle Hayes,City Manager
LANDLORD(Secondary):
COLIN M. SHEPPARD
DOXEY-PLEASANT PROPERTIES, LLC
Colin M. Sheppard
GALI:ASI STIVISIII-N.I I lh SI_Jackie Cake12013 Leas6l.easc Agr_2013_1iMS M6d III_N I I lh SI.doc
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between Ja uelyn Cabe(Primacy),
Doxev-Pleasant Properties,LLC.and Colin M. Sheppard(Secondary).Doxey-Pleasant Properties.LLC,
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 116 Street. Suite"A"
and one-third(1/3)of the adjacent parkin 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,commencim on Jute 1.2013
and ending at 11:59 P.m.on June 30.2016 ,unless sooner terminated as herein provided.
ARTICLE 2. RENT
2.1 Tenant agrees to pay to Landlord rent in monthly installments of One Thousand Five
Hundred and Twenty Do-Un and No Cents($1.520.00) each,with the first such installment being
due and payable on July 1,2013 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,
Page - 1 - EMS Med No. 1 Lease 2013
I I
direct payment,or such other place or places as Landlord may from time to time designate in writing to
Tenant,to:
Doxey-Pleasant Properties,LLC
c/o Burns Properties
P. O.Box 3723
Beaumont,Texas 77704
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 hearing 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,
Page - 2 - EMS Med No. 1 Lease 2013
Tenant shall deliver up the leased premises in a clean and sanitary condition in good repair and condition,
reasonable wear and tear, including damage by fire,tornado or other casualty, not caused through the
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 described above,reasonable wear excluded,rnay be billed to Tenant.
4.4 If Tenant fails to pay lease or other amount owed for a period in excess 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
Page - 3 - EMS Med No. 1 Lease 2013
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
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 or the agents or
employees of Landlord.
5.7 Either party may cancel this contract 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.
Page -4 - EMS Med No. 1 Lease 2013
ARTICLE 6. MISCELLANEOUS
6.1 Landlord has agreed to pay fifty percent(50%)of the cost of replacement of the carpet
and linoleum flooring, providing the Tenant agrees to pay the remaining fifty percent(50%)of the cost.
The replacement choice of flooring will be of reasonable cost and expects the type of flooring and cost
will be mutually agreed upon in writing by Landlord and Tenant prior to the purchase and installation of
said flooring. Tenant understands the flooring improvements shall remain once Tenant vacates the
building.
6.2 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 authorized and signed by
the Landlord and Tenant.
6.3 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 Five Hundred
Twenty and No Cents($1,520.00),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 6.3 shall not be construed as
Landlord's automatic consent for Tenant to hold over.
6.4 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.
Page - 5 - EMS Med No. 1 Lease 2013
6.5 Tenant may contact the property manager for Landlord for notices, amendments to
this Agreement,or any other action or notice called for in this Agreement. Either the Primary Landlord,
Jacqueline Cake, or the Secondary Landlord, Colin M. Sheppard,may bind both Landlords.
6.6 Contract information for all parties is shown below:
LANDLORD: CITY OF BEAUMONT
Doxey-Pleasant Properties,LLC Kyle Hayes,City Manager
c/o Burns Properties City of Beaumont
P. O. Box 3723 P. O. Box 3827
Beaumont,Texas 77704 Beaumont,TX 77704
Phone: Phone:
409-866-2398 409-880-3716
EXECUTED,this the IS day of ,2013.
LANDLORD(Primary): TENANT:
JACQUELYN CAKE CITY OF BEAUMONT
DOXEY-PLEASANT PROPERTIES,LLC
CIA A a i2a k
Jacq#lyn C Kyle Hayes,City Manager
LANDLORD(Secondary):
COLIN M. SHEPPARD
DOXEY-PLEASANT PROPERTIES,LLC
Ag Jff" A-
RLAW,A ILI
Co in M. Shep and
G:\LEASES\EMS#1-N.l lth St_Jackie Cske\2013 Lease\I.esse Agr_2013_EMS Mad#1 N 11th St with TCs edits 5-10-13.doc
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