HomeMy WebLinkAboutRES 13-148 RESOLUTION NO.13-148
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 twenty(20)year lease
agreement, expiring on December 31, 2033, with Dr. Donna Farrell, Ph.D., LSSP. LLC
(Lessee) for an initial rental amount of $1,000 per month for property located at 3455
Sarah Street, Beaumont, Texas, for private educations services, recreational, social and
civic activities at the Melton YMCA. 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 9th day of July,
2013.
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L.L. MELTON Property LEASE AGREEMENT
Date: August 1, 2013
Lessor: The City of Beaumont
Lessor's Mailing Address: P.O. Box 3827
Beaumont,Texas 77704
Lessee: Dr. Donna Farrell,LSSP, LLC
Lessee's Mailing Address: P.O. Box 1436,Winnie,TX 77665-1436
Leased Premises: Block Nineteen(19)in the M.C.Cartwright Subdivision in the J.W.Bullock
League of the City of Beaumont,Jefferson County,Texas,a ten acre tract and facility
commonly known as the L.L.Melton property.
Lease Commencement Date. This Agreement will commence upon execution by Lessor and Lessee.
Lease Term: This lease ends on December 31, 2033.
Lease Rent: One Thousand Dollars($1,000)per month. Effective January 1,201.5,
the lease rent amount will increase/decrease each year,depending on the
latest Consumer Price Index(CPI)for the Houston-Galveston-Brazoria
Area.
Permitted Uses: Private educational services; recreational,social,and civic activities.
1. Lessee must be providing educational services and activities on-site within 12 months of the
execution of this agreement.
2. Lessee will pay the monthly rent at the office of the Central Cashier at City Hall upon the
execution of the Lease Agreement and thereafter by the 5'h day of each month. Checks are to be
made payable to"The City of Beaumont",and the first payment may be prorated.
3. The premises may be used for providing private educational services and recreational,
educational, social,and civic activities for the general public. Any other use will require the written
consent of the Lessor. Lessee further agrees that the facility will be open to the general public for
recreational purposes during regular hours as long as it does not unreasonably interfere with Lessee's
services or other organized activities and that a schedule will be developed for same subject to
approval of the Lessor. Lessee is permitted to charge a fee for special activities and events such as
camps,sports leagues,and daycare and facility room rental for organizational meetings. Lessee
reserves the right to refuse admission to the center to anyone legally barred from close proximity to
children and/or students. Charges for other activities will require the Lessor's written approval.
4. 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
I
EXHIBIT "A"
consequence of or result from any operations that may be conducted or carried out on the premises.
Lessee shall carry$1,000,000 of public liability,bodily injury insurance on the premises,the cost of
said insurance policies to be borne by Lessee. Said policies of insurance must be written by
companies acceptable to Lessor and shall name Lessor as an additional insured. Current copies of
said policies,or duplicate originals thereof,must be regularly provided to Lessor.
S. Lessee has fully inspected the premises and accepts it in its present"AS-IS,WHERE IS"
condition.
6. Lessee will keep the premises clean and is responsible for all routine maintenance,grounds upkeep,and
all utilities with said services transferred into the Lessee's name.
7. Lessor is responsible for major facility maintenance including the roof,HVAC system,major
plumbing system and repairs,parking loft,and the structural integrity of the building.
8. Lessee agrees:
(a)Not to alter or improve the premises without the written consent of the Lessor. However,the
City agrees to allow the Lessee to make additions to the building,provide tennis courts,signage,
lighting,concession structure,play equipment,gates,fencing,repair of the pool and accessibility
improvements,provided they comply with all codes and ordinances and compatibility with the
structure and surrounding area.
(b)Not to allow a lien to be placed on the Leased Premises.
(c)Not to assign any portion of the Leased Premises without Lessor's written consent.
9. 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.
10. Unless purchased by the Lessee,all on-site personal property belongs to the Lessor.
11. 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:
Attention: City Manager
City of Beaumont Dr. Donna Farrell,LSSP,LLC
P.O. Box 3827 P.O. Box 1436
Beaumont, Texas 77704 Winnie,TX 77665-1436
E-mail: khayes(ii),ci.beaumont.tx.us
12. This Agreement may be terminated if agreed upon by both parties with sixty(60)days written notice.
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For the LESSOR: For the LESSEE:
Kyle Hayes,City Manager Dr.Donna Farrell,LSSP,I.LC.
Date Date
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