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HomeMy WebLinkAboutORD 48-N- .ars ORDIIiANCE EXTI'LUD AN Ofiril"ANCS V'VIORIZIT;(" AND 1",". IN RI' G 11-1-1, YA P,R nr T"*F' CITY OF T( ENTI'R INTO A Ft ICH '_;FAR U AS11. C' i!TRACT AND ACI H'. }:`•' : tT � Iri'Ti -; TTE SCLTT"� TF XAS Si A E F FAIL; ASS[ C- TATTOb, ND Ck� CLLR G '�i'P FRiSF"1"T LSA: ' ^'''TRACT ' F'T; FFtp CA1D A_;'7. '- 11c2 DATT17 V7 ZI&Fr DAA: CF , A. 194C. BF IT Ci{%AINI' 3l 'Y TIE CITY CGP+ ` ISSr OX OF THE C ITY " P .'5' A;. a"" id`.l.' : `Khat the 4ayor be, and he hereby is authorized to enter into a certain lease contract, a copy of which is attach- ed hereto and made a part hereof for all purposes, for a period of Four (4) years, with the South Texas State Fair Associatioi, a Texas Corporation, covering certain land situated in the City of Beaumont and being known as "Fair Park% and being fully de- scribed in said lease, Be it further ordained that the lease contract now ex- isting by and between the City of Beaumont and the said South Texas State Fair Association be, and the same hereby is cancel- ed, annulled and vacated. PAS: -D by an affirmative vote of the City Commission of the City of Beaumont this the ,;�k day of February, A. D. 1941. KAY 0413 . C O N T R A C T r� r This I;f.:A'.h CONTRACT and ACRF71, ;'-NT made and entered into by and between the CITY (,P 7;F,Ai-t,0NT, a municipal corporation duly ea3 sting Under and by virtue of the Laws of the State of Texas and located in Jefferson Covnty, Texas, acting by and through Geo. '. ;'organ, its Yayor hereunto duly authorized., hereinafter called. first 'Party, and the SOUTA TrXAS STAT--,- FAIR ASIJOCIAT-TON, a non-profit sharing corporation created wider and by virtue of the laws of the State of Texas with its domicile and place of business in Beaumont, Jefferson County, Texas, acting by and through its President, A. W. Gardner, hereunto duly authorized, hereinafter designated Second Party, WTTN ES3�,`1'H: Section 1. Upon the consideration and subject to the terms and conditions hereinafter set forth, First Party hereby agrees to ,RANT D'' TATS' , L" ASS and LET unto Second Party for a period of Four years from and after November 160 1940, certain tracts of land in said city, for the sole purpose of encouragement of agriculture and horticulture, the maintenance of public fairs, the exhibition of stock and farm products: and for public amuse- ments, said tracts of land being more particularly described as follows, to-wi.t : FIRST TRACT: That certain tract of land conta3_n- ng r y-eiCtt (38) acres, -core or less, lying adjoining and west of O if Street, opposite and westward. of :`'Rgnol1a Park in said City, known as City Fair nark, said property ha,vin,,p been purchas- ed by the City of F' ;aunont from "Y.. P. ;. McFaddin by deed dated 23rd day of April, 1921, recorded in Vol. 205, page 3€32, of the Deed Records of Jeffer- son Cogs-ity, Texas, to which reference is here made for a description of said property, save and except Ghe following described property which the City of Beaumont has leased to Texas xii,Mhuay Co -mission: .-eginning at the 1.ntersectio-? of a line parallel 7th and fifteen (15) feet north of the north line of PlLm Avenue with the nortre€:st line of Concord Road; thrrice easterly parallel wl'.h and fifteen (15) feet distant from the north Lyne of .'1um Avenue 1_Zree I'undred fifty (350) feet, more or less, to a point forty (40) feet westward from the west side of the old Hog Pen Building produced southward; thence northward parallel with and .Forty (40) feet d'_stanu westward fra% the vest side of the said Ud Hog ',-n ��iUding a*o 1Amdred Ufteen (215) feet, more or less, to a point One hundred Twenty (120) feet mouth of the south side of the Carnival Grounds sidewalk; thence in a northwesterly direction par- allel W3 tr the northeast line, of the John Kerr, et al, one -acre tract (as described in deed from W.F.1. T�cFaddin to the City of 3eaumont, and recorded in Vol. 205, page 382 of the Deed Records of Jefferson County, Texas) a distance of SIx' Htmdred Ninety-fo,�r and seven -tenths (694.7) feet to a point in the west line of the South Texas State Fair Grounds; thence, south along said west line a distance of Two hundred Piftcen and seven -tenths (215.7) feet to the north- east line of the John Kerr, et ,al, one -acre tract; thence In a southeasterly direction with the said northeast line of the Kerr tract a distance of Two 711ndred Silty -four and six -tenths (264.6) feet to the northeast corner of caid one -acre tract; thence in a aovtbwesterly direction with the east line of tre one -acre tract and at Seventy-six and nine -tenths (76.9) feet pass the northwest corner of the 1.95 here tract leased to the :tate I=ic�-tway Department AT -r3.1 19E, 19320, and continuing a total distance of Two hundred Sixteen and nine -tenth (216.9) feet to the northeast line of the Concord. Load; thence south- eastward with the said nortreast 11ne of the Concord a oad ()neTT -undred T venty-fi,e (125) feet, more or less, to the place of }'eginninr;, and containing four (4) acres of land. SFGrN'_1 HX : All of 6lock No. dine (9) containing en ] -'Dots; all of "look No. Ten (10) contain- ing Twenty-six (26) lots; all of Block No. Fleven (11) containing Twelve (12) lots; Lots nwnbered Lleven (11) to Twenty (20) , both incl-L1sive in i3lock flo. Six (6), and Lots-umbered Fourteen (14j to 'twenty-six (26), bot'., incl :sive, in s;loek .o. Seven (7) in and of the - 2 - L "old !Till Addition to the City of '?eatwont in Jefferson County, Texas, and the followin;^ streets ane'. allays: Mamie Street from the east side of St. Clem Street to the went side c£ Calf Street; Fees rent Street fron the east sidoof St. ,-,elena treet to the gent s1 7e cf 1. olden Lane Street, if I cis street Is also knr.wn on the City map as ?iron Street; At.- Street a ,own on the City :rap as A,rerlll Street, from Mamie Street to a line parall- el with the sonth line of the alley rimning thrArgh docks Mos. Six (6) and Seger,(7) of the Uaid Cold F111. Addition to the City of I;esumont, Texas, and 'olden x'111 Lane or Jirou Street from 1DY'amie Street to the south line of regent Street and the alleys through Blocks dine (9).. Ten (10) and Eleven (11) of said bold Fill Addition, as per the map or -Ast of said Ad-.'iticn of record in the office of fibs Clerk of the Coimt-r Caurt of Jefferson County, Texas, tvc wt,3cb ,reference is 'sere Trade for a better description of said propert-y, same tavinc- been purebase d from, he forth Tex -)a State Fair Assoct'ation by the City of _:eavmont by deed dated 23rd day of September, 1925, recorded in iol. 260, page 325 of the Deed Records of J®fferson Crn1nty, Texas, to which reference is here made for a description of said property. Section 2. Included with the boundaries of the lard and premises de- scribed in foreToin.r,. Section 1 hereof, Is situated a certain strip of land of" of the western bovndary of the Fair Grounds containing Three and sixty- six one-tt _;usendtha ($.066) acres which First Party may hereafter during, the term of this lease, desire to re-enter and ass --roe coriplete and exclvsSve control thereover and it is, therefore, expressly agreed and understood by and between the parties hereto that ?First Party may, by -iv-- ing Second. Party Thirty (30) days notice'in writing, cancel, annul and vacate this lease as to said 3.066 acres of land, the same be'nr* -rore particular]7 described as follows; to -wit: ;e. inninF at a point in the west boundary of the ro.:,.th 'Trans State i air Gro-•nd.s, the same beinC "re cast line" of Drake Street, -jaid. po'_nt also 004ng TNo Hundred. T ifteen anrd semen -tenths (215.7) feet *north of tro northwest line of the John et al, one -acres tract; thence north alone the west ho«:(IIAM7 of the lair Grcu- ds tre.ct a 0 stances of . i ^ht "f'-undred Ninety-two erd, seven -tenths (892.0 feet to the northwest corner of the South Texas State Fair Groiinc9s; thence eeist along t) -!e north lire of the Fair Grounds property a 6-1stance of Cne. dreO Forty (140) feet; thence south parallel with the west line of the Fair Grounds property a dis- tance of One Th,_,usand Fi.ft en and three -tenths (1015.3) feet to a point in the northeast line of the four acre tract described herein as first Tract; thence nortb- westerly along the northeast line of the four acre tract a distance of One Fr-ndred Eijj ht -six and six - tenths (V�6.6) feet to the nlace of berirn:'_nr, and contalni.n- 3.066 acres of land.. - 3 - It is expressly imderstood and agreed, that any action taken with refFrerce to the proposition to cancel this lease as affects the above described 3.066 acres of lana, shall in no viae a_N' r_ct the remainder of this lease agreement. Secition 3. `.it.at Second Party will, v,it bin a Sixty (60) day period in the arttmmn of each year for which tine exclusive possession of said tracts of land described in Section 1 hereof is deliv- ered to it, hold a pi,bl:ia fair and exposition on said grounds as herein provided for; that dz rinro sa'.d period cf sixty (60) days exclusive possession is hereby delivered to Second Warty by First � arty under the terms of this agreement; that during said time Second. Party shall have the rilght to close the grounds and exclude the public from the ,zse of and admission to said grounds or any part thereof, except upon the payment of such sums as shall be-orescri.bed by &eeond Party. Section 4. Second Party her(:by agrees, at Its own cost and expense, to assume the expense of all necessar;-, ,.-,pkeep and repairs on the premises hereby arrranted, toget'.ci, with all Inprove.ments located thereon for the entire term of this lease, as well as any buiiaings or other improve_.; tints such as may be hereafter built or constructed imder the teams of this lease agreement and in consl6eration th(-reof shall have, Except as herein other- wlae prop -Wed, control of anu_ receive all revenue frcr. all sources wltl_-�!n said. ,premises during the life of this leave con- tract and agreement, Including all money and income received frog. concessions and privileges dur�n the entire term of this lease. Provided, however, that no building, or oth.ep improvement shall be converted f'rorr its original ccnditi.on or character ex- cept by and with the consent of First Farts. Section 5. It is further expressly agreed and understood by and between the ,parties hereto that at all tiro -,es during tho term of this lease other than during; the suety (60) day period when the exclusive possession and control of the Fremises leased herein shall be vested in Seco,d Farty, as set cut in foregoing Section 3 hereof, that First Part; reserves unto itself the right to conduct hard and soft ball baseliall Fames and other similar enterprises on that portl on of the prewx sea covered by this lease now beinc, used or beretofore havint ween used for the purpose. of carrying, on said amen or exhibitions, and First Party shall be en-uitlec7 to all revenuos derived therefrom. Section 6. That all bulldinns, Inmrover,ents and arpi-rtenances on sa'd prc=: ties ^rb ;ect to destruct3 on shall be insured and kept insured in th.c name of First Party during the entirs period of this lease contract for a proper amount, M and premiums thereon to be paid. by S;,cc,nd Party, said polities to be deposited with the Clty Clerk of` the City of r,esumont; that in case of lose by fire, •^oney collected on such insur�anoe, with. the consent of fret Party, aball be collected and -used by Second Darty to repair the vroperty destroyed, andfordamaged, or shall be ex- pended by Second Farts on other improvements if agreeable with First Party. - 4 - Sect i on 7. 'Chat the -sist ox such rroperty for the prrposes stated shall be a ­,b sci: .o aUch 1-_ -Acs and re-ilattons s: may, .from time to ba rro,� l;­atsd by the C-,'.ty Commission of the City of Beaum, _ai; for t�:e -protect.1-on Cf ")e :iorals, heal.' -1, an;? safety of the ;; Section 13. It is Further r+utual.ly imeerstood and agreed by and �.etween �;;�e rart e s have' t� �,tltlt no (':f r'1 Ger, e=pl 9yee, QEGnt Or servaslt of either of the petrt us Hereto shall In any manner, directly or 'iDdi reet'ly, be pecun3 arlilly Interested in any show, concession or attraction or any other cnter� -so which is or may be operated on any part of the ;;rmises covered by thda lease, fvv ;�roflt, dtirinj-, the tom l,orcol; and shc.u?d any such officer, ase ent, servant or empplo J c: o be found guilty of a violat,_'on rf this=,ecta.r.n i�c sr_.all. be aub�ect to imn i.ate die~�i.ssal. Section 14. `'`.r -cone party hereby covenants tend agrees to indemnify, save an�� F::=p harr-less tike Gf,ty of a: Li'Mst any cost of ©xpen: c: prou en;i '.n�ury or .ia,sa,-e ,n parsons or property, real or a:; erten, 'or re' -._"ch i -Inst may be bald fable or responsi.ble, aecruing or occurrin,, on said premises during the time said Second, Party shall be in posseaEsion of the same render this agreenent, or accr l n r or occ-rr_1ng on or in such buildings that Seern-1 i -arty is obligated herein to maintain, or which is the pros3nate result of the nerrli7encs of Second Tarty; and It is nirthrr expressly imdarstooA ra.nA a:? or -d that Secoad 1,aAy shall aarz�y adequate Insurance thea -o 'or, suob In,,jurunce polio- lea to be deposited with Whe City•lc=rk of the G3ty of 'O'eauruont, bdt this provision shall not create any liability on the pest of either of ti c: parties hereto as tto third persons that wo-i.tld not otherwisc a lst in law. Section 1.5. rd -let during the term of this lease when tree posses ;_or. and uze of the premises covered by this lease is not 1_n ocond YartN-, I•i.rst Party, at its option, shall have the pri-• vIlege of maintaining said promises or any part thereof in a proper and attractive condition as a public park, provided that any such occupancy by Frost Party shall at no time interfere with the use of said property as hereinabove stipulated by Sedond Party, Rnd 14ret Party aball not so rise said premises as to be 1n conflict wx th the use of same by Second Party. It is fvrthcr pro- vided that. exclusive of IAhe sixty (60). clay period hereinbefore or use'c �L£ .c: rUpe° & ur�nr aJn dye t, yes Fate to 'the public Sectioza 16. it 1s i'il-rther mutually =n errt od and aCrecd by and betwe=en p&rtl.e:s hcreto that florin- the period rf the e�.pos- vticn ane°:/oar fair to be old on sra'd r.,rc 3ses by :5eeonc? .art; , as well .s at all other t1mes tirri_n!7 terem of this 1e�se, that Fir- t i arty si.a27. rare the 1 .'; and. authority to make such police regulations for the exclusion of objectionable char- acters from the grounds that it wo:.1d otherwise '_ave in the re- gulation of any public part: belonr�3n�, to the City of 1'eatmicn�. T, is f-.11 ther expressly a ^reed and i1nderstood by and be- tween t11 ,:.arty es ! er°eto that ii.r^t ='array a' ­ all at no t-l—e during the tern of v'�is lease :;e req, fired. to furnish Second Party any special policeofficers or to fiirrish any police supervision other than. that which would be crdf�narily re.gttired in connection with any other public free park w1 uL5n the city limits of tee City of _:ee,ant. It s.s contemplated that during the time the exclusive possession of the premises covered by this lease is in Second Party and duping the time the fair and/or exposition. is being held, that special police officers will be necessary in order 6 - to properly police said premises and in order to properly safe- r7ua<rd the general welfare of the p?.bli.o, and at w7 ich. time Second Party expressly covenants and agrees to employ at Its own expense all such special police officers. Second Warty further s,,-recs to n ake rr4.tten application to t i -e (Jh5 of of Pollee o'.' the City of. "ea n-ont: uih-_`r; a reasonable -time before the openin7 Cate of said fair and/or, exposition for a oommia- sion for cache special cff"tcer so e_,ir3_ored, in conformity with Section �'1, s(z section 24b) of the I;halter of tire City of Beaumont, *,�.crfcupon said Ch ,of of Police shall issue etch COM - missions provided, however.. that .-e nl2all h.a-ve the autherity to refuse tc� corr ission any special officer who, in iris cpinlon, :is not s!:` arable to serve as st.ich. It is further agreed that all sr;ch s .ecial officers e pl r^yed Shull be under the super- vision of t:.c Chief of Police and be discharged by b1m at any time for cood cause s11 -awn. section 1r. 4,; is f1.zrther a7reed. and _mderstcod that the Board of ?'irectors of ueconw Party syial.l elect one. (1) nembcr of the City Carr-nisslon, to be selectee? by Qt)_- c, City Commission, to serve as an active member of t;he Board of Directors of Second Party, and pi-otiided further, that said member of said Cites Com- riss{ on so cfll©ctcd shall also serve e_ r_n�- the term of t�_3_s contract as a nenber of the nudget Coz,-ittee of t'lc paid Soutjh. Texas Pa- rr fxsoe4ation. Section IQ,, is f'nrther imderstood o`-6 arrreed that at the close of the said fair and/or exposition to be held by Second Party, that Second. Part7 will re _ove or canoe to be removed at Its own expense, al1 temporary stands other struetures w --,t civ, in th:. 4rd ,Ment of the City Ccza�aissa on, are object.onoble or deemed ad -y' --able o a it to be r"moved. section 19. it is further provided that the rights herein granted are non -transferable and are granted on the express condition that Saccn.d 'I"arty is a non-;rofit � , ai- .nsx ed�iCat3 onal corpor- ation, pr=cflt or emolimcntu 'Jo !',,s members. section 20. it I:a f-_-rthcr zagre-ed and .nCev_o'�Gcd that any violation of the tc:r-Yas of t_,'.s cent;,act by Cccond darty at tier, election ray' Tirct ;: axrt r, render su3.O ocn.ttract niLll and, ro3;' and Of no fuz—t'?cr orce and e f"ect . ection 21. It is further expressly agreed and understood by and between Wne parties �aerebo that the consiaerat3on for th±:D lease idontract rind agreement; Is the rmaLual j,ereflts accruing eac--, to the other and the payment by 2,eccod Tarty 'I. -.o Vir^st Party of a sum of money to be deducted .frog..,,- tLc net earnings of ► occmd Party sufficient to ret: rc. an6 imot; tie annual pa7mcnt of Inter- est and sw:nkin fiord oft'.,,ose certrO.n bonds in W � aaotant of One 1-ur_dred r.'` cussnd. (�:1.00,000.00) oZlars, voted by tl-*e tax- payers erne' ssucd by the City of `3eaLnont on the let day of 'Yas, A* - 1931, the revenue from, wl� l ch said bonds gyres used for additions and improvements to the buildings and other structures or. the land covered by this lease. - 7 - It i a further agreed that Second Party, shall pay over to First Party' the sum,,.of money referred -to in the foregoing para-' graph with'n thirty (301. days after the closing dateof'the expos- Ition 6r f a. -Lr to be held on the, promises, covered: by this lease,., Section 22, 1-b is- rmtually understood and agreed by and .between the parties hereato 'that the lea - no agreement executed between them OTI to -wit' the 21st day of T I.. D. 1940, which is now in effect Uay, and under the ter -ma of V, bic?? will be In effect until the 20th day ay. of Y, A. D. 1941, '19 aind tho same 'shall be cancelled as and when thl.s lease, agree.ment is exp'cutad by the panties hereto and becomes effective. _ the parties have caused their names. ;3 to be signed by their respe,etiVe officers above, -set out on this the - a7 'A. D.; -TD4l.'--' d. of February'.1, MY C-, F 73 AUD 011T All 7 'T7 ST BY City P LO TY AT`' E T AS STATE FAIR, ASSOCTATION S C 6 TiD, 111C.4 BY Se6retery