HomeMy WebLinkAboutRES 76 317R. S O L U T I 0 N
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY .OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute
for, and in behalf of, The City of Beaumont, a five .(5) year lease
with P:& M Group Manufacturing Divisison,. Dresser Industries, Inc.,
in a form substantially similar to,the.lease agreement attached
hereto as "Exhibit A", for the lease of'a fifteen foot (151) strip.
of land on the west side of Gulf Street between Laurel Avenue and
Liberty Avenue, for a rental.of...ONE HUNDRED EIGHTY AND NO/100
($180.00) DOLLARS per year, -the same being :the .reasonable rental
value thereof
PASSED ' BY THE CITY,, _C^OU�NCIL of The City of Beaumont this
the �® day of, /����%V r 1�C " , 1976.
R
/ - Mayor -
THE STATE OF TEXAS
COUNTY OF JEFFERSON
LEASE AGREEMENT
X
X
THIS LEASE is made and executed in duplicate originals by
and between the City of Beaumont,'a municipal corporation organized
and existing under the Constitution and laws of the State of Texas,
said City being commonly known as ;a "home rule city", domiciled in
Jefferson County., Texas, herein called "LESSOR", and P & M Group
Manufacturing Di vi sion,.Dresser.Industries, Inc., a corporation
herein called "LESSEE".
I.
LESSOR leased to -LESSEE, and LESSEE hires from LESSOR, as
herein provided, the following described premises, to wit:
Being a fifteen foot (151).wide strip of land out of the
Noah Tevis Survey, Abstract 52, City of Beaumont, Jefferson County,
Texas, and being part of Gulf Street right-of-way, located on the
west side of Gulf Street between Laurel Avenue and Liberty Avenue.
The above-described tract of land contains--"*... -- square feet,
.more or less..
II.
This lease is for a term of five (5) years, beginning Decem-
ber 1, 1976, and ending November 30-, 1981.
The annual rental of this lease is the sum of ONE HUNDRED
EIGHT AND N0/100 (5180.00) DOLLARS.
LESSEE agrees to pay LESSOR said yearly rental on or before
the 1st day of December, 1976, and on or before the lst day of each
December thereafter during the term of the lease. Said payments are
to be delivered (or mailed.) to the Central Cashier, City Hall, Beau-
mont, Texas 77701. All checks and money orders shall be made payable
`7
Should this lease be terminated under Paragraph XII here-
of, or because of the breach of any covenant or condition contained
herein, the pro -rata amount of any lease rental prepaid shall be re-
turned to LESSEE, should any be due, from the effective date of such
termination to the next date annual rental would be due herein; and
the prepayment of rental shall in no way negate the termination cove-
nants, conditions and clauses contained herein.
If LESSEE shall allow the rent to be in arrears more than
fifteen (15) days after written notice of such delinquency, or shall
remain in default under any other condition of this lease for a period
of thirty (30) days after written notice from LESSOR, .or should any
person other than LESSEE secure possession of the premises, or any
part thereof, by reason of any receivership, bankruptcy proceedings,
or other operation of law in any manner whatsoever, LESSOR may, at its
option, without notice to LESSEE, terminate this lease.
V.
The premises are leased to be used as a parking area .for
motor vehicles. LESSEE agrees to restrict the use of the leased pre-
mises to such purposes, and not to use, or permit the use of the pre-
mises, for any other purpose without first obtaining the consent in
writing of the City Manager.
VI.
LESSEE shall be responsible at its expense for the mainte-
nance of the leased premises, and all improvements made thereon shall
be maintained; in a good state of repair.
VII.
LESSEE shall not have the right to erect any permanent im-
provement upon the leased premises, except the placement thereon.of
shell or similar material for parking of motor vehicles.
VIII.
behalf of LESSOR, and LESSOR is not obligated to furnish LESSEE
any equipment:,or improvements.
IX.
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 pre-
mises, or use or allow the premises to be used for an unlawful pur-
pose.
X.
Neither the leased premises nor any improvements placed
thereon shall be used as security for any debt.
XI.
LESSEE agrees to indemnify and hold LESSOR harmless against
any and all claims, demands, damages, costs and expenses, including
reasonable attorney's fees for the defense thereof, arising from the
conduct or management of LESSEE'S parking area or other operations
on the lea -sed premises. or from any breach on the part of LESSEE of
any conditions of this lease, or from any act or negligence of LES-
SEE, its agents, contractors, employees, subtenants, licensees, or
invitees on or about the leased premises or arising from any act of
alleged negligence of LESSOR, its agents, employees or legal repre-
sentatives. In case of any action or proceedings brought against
LESSOR by reason of any such claim, LESSEE, upon notice from LESSOR,
covenants to defend such action or proceedings by counsel acceptable
to LESSOR.
XII.
Should LESSOR need the leased premises or any portion there-
of for right-of-way or utility easement purposes, or for any other
public purpose, LESSOR may cancel this lease agreement upon giving
LESSEE written notice of cancellation at least sixty-five (65) days
prior to the date of cancellation.
d
duties, and obligations contained herein; LESSOR may immediately
re-enter the premises and terminate this lease.
XIV.
LESSEE agrees to accept the premises on possession as be-
ing in a good condition, and agrees to surrender the premises upon
termination of -this lease, whether termination occurs at the end of
the lease term or sooner as herein provided, in the same condition
as when LESSEE took possession.
EXECUTED IN DUPLICATE ORIGINALS, this the day
of , 1976, by LESSOR, acting herein by and through
its City Manager, duly authorized by resolution of the City Council,
and LESSEE, acting herein by,and through its
duly authorized to act by its Board of Directors.
CITY OF BEAUMONT
ATTEST:
City Clerk
n
ATTEST:
Secretary
By:
City Manager
P & M GROUP MANUFACTURING DIVISION,
DRESSER INDUSTRIES, INC.
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