HomeMy WebLinkAboutRES 18-043RESOLUTION 'NO. 18-043
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an option to
renew the twenty (20) year lease extension between the City of Beaumont and Some
Other Place, Inc., substantially in the form attached hereto as Exhibit "A," in the amount
of $10,500.00. The extension includes the option to renew for an additional twenty (20)
year term thereafter.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
February, 2018.
LEASE AGREEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
This lease is made and executed on March , 2018, by and between
THE CITY OF BEAUMONT, a municipal corporation organized under the laws of the State
of Texas, located and domiciled in Jefferson County, Texas, herein referred to as "Lessor,"
and SOME OTHER PLACE, INC., a non-profit corporation organized under the laws of the
State of Texas, having its principal place' of business in the City of Beaumont, County of
Jefferson, State of Texas, herein referred to as "Lessee."
as follows:
In consideration of the mutual covenants contained herein, the parties agree
Lessor leases to Lessee the premises described in Exhibit "A," attached
hereto and made a part hereof.
The term of this lease is twenty (20) years, beginning April 1, 2018 and
terminating at twelve o'clock (12:00) p.m. on the day before the twentieth (20th)
anniversary date.
Lessee is hereby granted an option to renew this lease for an additional term
-1-
EXHIBIT "A"
of twenty (20) years under the same terms and conditions. This option will be exercised by
written notice given to the Lessor at least 180 days prior to the end of the initial twenty (20)
yearterm.
The total rent under this lease is Ten Thousand Five Hundred Dollars
($10,500), which will be paid as follows: One Thousand Dollars ($1,000) upon execution of
this lease and Five Hundred Dollars ($500) per year for the remaining nineteen (19) years
of the lease. Lease payments are due on or before May 1 of each year.
IV.
Lessee has constructed a building on the premises suitable for use as a
social services building. The building is approximately 7,000 square feet. Lessee will
obtain broad form fire and extended coverage insurance on the building and provide
Lessor with a copy of such insurance policy. The building is to be considered a fixture to
the land and is the property of the Lessor.
V.
The premises are to be used for the purpose of operating a nonprofit social
services agency. Lessee shall restrict its use to such purposes and shall not use or permit
the use of the premises for any other purpose without the written consent of Lessor or
Lessor's authorized agent. Race, creed, religion, sex or national origin shall not be used
-2-
by Lessee as a basis for either accepting or rejecting persons for assistance. Lessee must
conduct its business on the premises in a safe and sanitary manner at all times.
VI.
Lessee shall not use the premises in any manner that will increase risks
covered by insurance on the premises and result in an increase in the rate of insurance or
a cancellation of any insurance policy, even if such use may be in furtherance of Lessee's
business purposes. Lessee shall not keep, use or sell anything prohibited by any policy of
fire insurance covering the premises, and shall comply with all requirements of the insurers
applicable to the premises necessary to keep in force the fire and liability insurance.
IM
Lessee shall not allow any waste or nuisance on the premises, or use or
allow the premises to be used for any unlawful purpose.
VIII.
Lessee shall arrange and pay for all utilities furnished to the premises for the
term of this lease, including electricity, gas, water, sewer and telephone services.
IX.
Lessee shall, at all times during the lease and it its own cost and expense,
repair, replace, and maintain in a good, safe, and substantial condition, all buildings and
any improvements, additions, and alterations thereto, on the demised premises, and shall
KI
use all reasonable precaution to prevent waste, damage, or injury to the demised
premises.
0
Lessor shall not be liable for liability or damage claims for injury or death to
persons or property from any cause relating to the occupancy of the premises by Lessee,
including those arising out of damages or losses occurring on sidewalks and other areas
adjacent to the leased premises during the term of this lease or any extension thereof. The
Lessee agrees to indemnify and save harmless Lessor from any and all claims, causes of
action, and damages of every kind, for injury to or death of any person and damages to
property arising out of the occupancy and use of the premises or the operations embraced
by this lease, and including acts or omissions of the Lessor in connection therewith.
XI.
Lessee shall carry Public Liability and Property Damages Insurance covering
operations hazards (and including the Lessee's obligations under the indemnification
provision contained in Paragraph X) with a company acceptable to City with City as a
named insured in the sums of One Hundred Thousand and No/100 Dollars ($100,000.00)
per individual, Three Hundred Thousand and No/100 Dollars ($300,000.00) per
occurrence, and Fifty Thousand and No/100 Dollars ($50,000.00) property damage.
Lessee shall further, at its own cost, maintain an umbrella or disaster type secondary
excess insurance coverage of not less than One Million Dollars ($1,000,000); provided,
however, should Lessor determine at any time during the term of this agreement that the
above coverage is inadequate, it shall notify Lessee in writing to increase the amount of
-4-
such insurance so the same shall be adequate. The failure of Lessee to obtain said
additional insurance within thirty. (30) days of Lessor's request shall constitute a breach of
this lease. A copy of the original policy shall be filed with the City Clerk of City.
01
Lessee shall not assign or sublease the premises or any right or privilege
connected therewith without first obtaining the written consent of Lessor.
1M
The appointment of a receiver to take possession of the assets of Lessee, a
general assignment for the benefit of the creditors of Lessee, any action taken or allowed
to be taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with
each and every term and condition of this lease shall constitute a breach of this lease. If
Lessee fails to operate as a nonprofit social service agency, it shall constitute a breach and
a default. Lessee shall have thirty (30) days after receipt of written notice from Lessor of
any breach to correct the conditions specified in the notice.
XIV.
Lessor shall have the following remedy in addition to its other rights and
remedies in the event Lessee breaches this lease agreement:
Lessor shall have the right to terminate this lease on fifteen (15) day's written
notice to Lessee of any matter constituting a default or breach of this lease.
-5-
All improvements constructed by Lessee on the leased premises shall
become the property of Lessor upon the termination of the lease for any reason.
XV.
If Lessor files an action to enforce any agreement contained in this lease, or
for breach of any covenant or condition, Lessee shall pay Lessor reasonable attorney's
fees for the services of Lessor's attorney in the action, all fees to be fixed by the court.
XVI.
Eminent domain proceedings resulting in the condemnation of a part of the
premises leased herein, but leaving the remaining premises usable by Lessee for the
purposes of its business, will not terminate this lease unless Lessor, at its option,
terminates the lease by giving written notice of termination to Lessee. The effect of any
condemnation, where the option to terminate is not exercised, will be to terminate' the lease
as to the portion of the premises condemned, and the lease of the remainder of the
demised premises shall remain intact. Lessee hereby assigns and transfers to Lessor any
claim he may have to compensation for damages as a result of any condemnation.
day of
IN WITNESS WHEREOF, the parties have executed this lease this the
2018.
lM
ATTEST:
Tina Broussard
City Clerk
ATTEST:
(Name)
CITY OF BEAUMONT
Kyle Hayes
City Manager
SOME OTHER PLACE, INC.
Paula O'Neil
Executive Director
-7-