HomeMy WebLinkAboutRES 22-168RESOLUTION NO.22-168
BE IT RESOL\/E[D BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the Interim City Manager be and he is hereby authorized to execute a Lease
Agreement between the City of Beaumont and the Beaumont Art League for the lease
of property located at 2675 Gulf Street for a one (1) year term commencing on
September 1, 2022 and ending on August 31, 2023. The Lease Agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes _
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.
PASSEIED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
July, 2021 . _r I"jam
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��s -Mayor Robin Mouton -
THE STATE OF TEXAS
COUNTY OF JEFFERSON §
LEASE AGREEMENT
THIS LEASE CONTRACT, dated September 1, 2022, by and between the CITY OF
BEAUMONT, a municipal corporation of Jefferson County, Texas, acting herein by and through
its duly authorized City Manager, hereinafter referred to as LESSOR, and the BEAUMONT ART
LEAGUE, a corporation of Jefferson County, Texas, acting herein by and through its legally
constituted officers, hereinafter referred to as LESSEE;
WITNESSETH:
For and in consideration of the sum of One Dollar ($1.00) cash and the performance by
LESSEE of the covenants and conditions hereinafter recited, LESSOR does by these presents
lease, let and demise unto LESSEE the following described property and improvements thereon,
located within the City of Beaumont, Jefferson County, Texas, and being part of Fair Park, and
more particularly described as follows:
Being a tract of land out of the South Texas State Fair Grounds property in the James
Drake Survey in the City of Beaumont, Jefferson County, Texas, and being more
particularly described as follows:
Beginning at a point lying sixty-seven and sixty-five hundredths feet (67.65') west of the
west line of Gulf Street and three hundred sixty-one and thirty-five hundredths feet
(361.35') north of the north line of Plum Avenue as both are now established in the City of
Beaumont, said point being marked by a one-half inch (1/2") iron rod;
Thence west two hundred two feet (202') to corner marked by a one-half inch (W') iron
rod, said point being at the south edge of an existing concrete walk and being thirty feet
(30') east of the easterly line projected of what is now known as the Agricultural Building;
Page 1 of 8
EXHIBIT "A"
Thence south 00 degrees 03 minutes west along a line parallel with and thirty feet (30') east
of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths feet
(96.65') to corner marked by a one-half inch (W') iron rod, said point being in line with the
southerly line of said Agricultural Building projected eastward;
Thence south 89 degrees 54 minutes east along the southerly line of said Agricultural
Building projected eastward two hundred two feet (202') to corner marked by a one-half
inch (A") iron rod;
Thence north 00 degrees 03 minutes east ninety-seven feet (97') to the place of beginning;
The above described tract, herein referred to as Leased Premises, contains 0.449 acres and
improvements, more or less;
1.
The lease shall be for a term of one (1) year, beginning September 1, 2022 and ending on August
31, 2023, unless terminated as provided for herein.
2.
The Leased Premises (see Exhibit "A") hereunder shall be used by the LESSEE for the
purpose of advancing the arts and for such other further purposes as the LESSEE desires in the
furthering of fine arts.
3.
LESSOR reserves the right to park motor vehicles on the Leased Premises in connection with
its use of the premises for purposes of advancing the arts.
4.
LESSOR, its employees and agents, shall have the right at all times to go on or about
the said premises for the purpose of inspecting same, or for any other legitimate purpose.
Page 2 of 8
5.
LESSEE shall not make alterations, additions or improvements to the Leased Premises or
buildings thereon without the prior written approval of the City Manager of LESSOR or his
DESIGNEE, and all such alterations, improvements and additions made by LESSEE upon the
Leased Premises shall remain upon the Leased Premises at the expiration of this lease and become
the property of LESSOR.
RI
LESSEE shall be responsible for any and all maintenance, repairs, and improvements,
either major or minor, that are necessary to the Leased Premises and LESSEE agrees to keep the
Leased Premises in a good state of repair throughout the term of this lease or any extension thereof.
LESSOR agrees to pay all utility charges during the term of this lease and any extensions. On the
expiration of this lease, LESSEE shall deliver the premises described herein and all improvements
thereon to LESSOR in good condition.
LESSOR may, at its own cost and expense, make improvements or repairs to the Leased
Premises, subject to the appropriation of City funds, although LESSOR is under no obligation to
do so. The LESSOR shall consult with LESSEE prior to making said improvements.
7.
LESSEE shall not sublease or rent any portion of the Leased Premises without the prior
written consent of the LESSOR.
8.
LESSEE agrees to indemnify and save the LESSOR free and harmless from all claims or
liability for damages to any person or persons for injuries to person or personal
Page 3 of 8
injuries resulting in the death of any person, or loss or damage to property occasioned
by or in connection with the use- of the premises hereby rented caused by any source
whatsoever, expressly including claims arising from the alleged negligence of LESSOR.
LESSEE hereby assumes full responsibility for the character acts and conduct of all
persons admitted to said premises, or to any portion of said building by the consent of
said LESSEE, by or with the consent of the said LESSEE.
Q
LESSEE agrees to obtain and maintain in full force and effect for the duration of this
Agreement, and any extension thereof, Commercial General Liability Insurance on the Leased
Premises in the following types and amounts:
8.1
Premises Operations
8.2
Independent Contractors
8.3
Personal Injury
8.4
Advertising Injury
8.5
Medical Payments
8.6
Fire Legal Liability
8.7
Contractual Liability
Combined single limit for bodily
injury and property damage of
$500,000.00 per occurrence with an
aggregate limit of $500,000.00
$5,000.00
$50,000.00
$500,000.00
The cost of said policies shall be borne by LESSEE, and said policies shall name LESSOR
as a named insured as well as LESSEE. Policies shall provide for fifteen (15) days' notice to
LESSOR for cancellation, non -renewal or material change.
LESSEE shall further maintain fire insurance with extended coverage endorsements on a
replacement basis for the full insurable value covering all of the Leased Premises, with the LESSOR
named as co -loss payee. This policy shall be for a term of not less than one (1) year and renewed
annually prior to expiration so long as this lease is in existence. Certificates evidencing said insurance
Page 4 of 8
shall be provided to the LESSOR. The certificate shall provide for a minimum of fifteen (15) days'
notice to LESSOR of any cancellation of the insurance required herein. Should the Leased Premises
or any portion thereof be wholly or partially destroyed or lost by fire, explosion, windstorm, theft or
any other cause, any and all monies payable and collectible on policies of insurance covering the
Leased Premises shall be paid to LESSOR. LESSOR shall have sole discretion concerning whether
to rebuild or repair the Leased Premises or take no action to rebuild or repair. LESSOR has no
insurance on contents within the Leased Premises. Should LESSEE desire to insure contents,
LESSEE must provide such insurance at its own cost and expense.
Should LESSOR opt not to repair the Leased Premises after an insured loss then LESSEE
may at its option terminate this lease and whether it terminates or not, shall have no responsibility
to repair the damages caused by the insured loss to the Leased Premises, notwithstanding the
provisions of Paragraph 6.
10.
At the expiration of the term of this lease, LESSEE may hold over on a month -to -month
basis only under the same terms and conditions as set out in this lease.
Either party may terminate the lease agreement upon sixty (60) days' notice in writing to
the other party. In the event of termination LESSEE agrees to remove its property from the leased
premises and to leave the premises in good repair without damage.
Page 5 of 8
12.
LESSOR reserves the right to enter into Agreements with other entities at any time during the
term of this Agreement, or any extension thereof, which may limit access to Leased Premises as
described.
13.
This lease is made subject to all provisions of the City Charter of the City of Beaumont,
Texas.
EXECUTED in duplicate originals this
LESSOR:
CITY OF BEAUMONT
day of
ATTEST:
2022.
CHRIS BOONE, INTERIM CITY MANAGER TINA BROUSSARD, CITY CLERK
LESSEE:
BEAUMONT ART LEAGUE ATTEST:
MARY ELLEN VONNETZER, PRESIDENT
(Typed or Printed Name & Signature)
Page 6 of 8
—,V.
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Page 7 of 8
EXHIBIT "A"
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Page 8 of 8
THE STATE OF TEXAS
COUNTY OF JEFFERSON §
LEASE AGREEMENT
THIS LEASE CONTRACT, dated September 1, 2022, by and between the CITY OF
BEAUMONT, a municipal corporation of Jefferson County, Texas, acting herein by and through
its duly authorized City Manager, hereinafter referred to as LESSOR, and the BEAUMONT ART
LEAGUE, a corporation of Jefferson County, Texas, acting herein by and through its legally
constituted officers, hereinafter referred to as LESSEE;
WITNESSETH:
For and in consideration of the sum of One Dollar ($1.00) cash and the performance by
LESSEE of the covenants and conditions hereinafter recited, LESSOR does by these presents
lease, let and demise unto LESSEE the following described property and improvements thereon,
located within the City of Beaumont, Jefferson County, Texas, and being part of Fair Park, and
more particularly described as follows:
Being a tract of land out of the South Texas State Fair Grounds property in the James
Drake Survey in the City of Beaumont, Jefferson County, Texas, and being more
particularly described as follows:
Beginning at a point lying sixty-seven and sixty-five hundredths feet (67.65') west of the
west line of Gulf Street and three hundred sixty-one and thirty-five hundredths feet
(361.35') north of the north line of Plum Avenue as both are now established in the City of
Beaumont, said point being marked by a one-half inch (1/2") iron rod;
Thence west two hundred two feet (202') to corner marked by a one-half inch (W') iron
rod, said point being at the south edge of an existing concrete walk and being thirty feet
(30') east of the easterly line projected of what is now known as the Agricultural Building;
Page 1 of 8
Thence south 00 degrees 03 minutes west along a line parallel with and thirty feet (30') east
of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths feet
(96.65') to corner marked by a one-half inch (W') iron rod, said point being in line with the
southerly line of said Agricultural Building projected eastward;
Thence south 89 degrees 54 minutes east along the southerly line of said Agricultural
Building projected eastward two hundred two feet (202') to corner marked by a one-half
inch (A") iron rod;
Thence north 00 degrees 03 minutes east ninety-seven feet (97) to the place of beginning;
The above described tract, herein referred to as Leased Premises, contains 0.449 acres and
improvements, more or less;
1.
The lease shall be for a term of one (1) year, beginning September 1, 2022 and ending on August
315 2023, unless terminated as provided for herein.
2.
The Leased Premises (see Exhibit "A") hereunder shall be used by the LESSEE for the
purpose of advancing the arts and for such other further purposes as the LESSEE desires in the
furthering of fine arts.
3.
LESSOR reserves the right to park motor vehicles on the Leased Premises in connection with
its use of the premises for purposes of advancing the arts.
H
LESSOR, its employees and agents, shall have the right at all times to go on or about
the said premises for the purpose of inspecting same, or for any other legitimate purpose.
Page 2 of 8
5.
LESSEE shall not make alterations, additions or improvements to the Leased Premises or
buildings thereon without the prior written approval of the City Manager of LESSOR or his
DESIGNEE, and all such alterations, improvements and additions made by LESSEE upon the
Leased Premises shall remain upon the Leased Premises at the expiration of this lease and become
the property of LESSOR.
LESSEE shall be responsible for any and all maintenance, repairs, and improvements,
either major or minor, that are necessary to the Leased Premises and LESSEE agrees to keep the
Leased Premises in a good state of repair throughout the term of this lease or any extension thereof.
LESSOR agrees to pay all utility charges during the term of this lease and any extensions. On the
expiration of this lease, LESSEE shall deliver the premises described herein and all improvements
thereon to LESSOR in good condition.
LESSOR may, at its own cost and expense, make improvements or repairs to the Leased
Premises, subject to the appropriation of City funds, although LESSOR is under no obligation to
do so. The LESSOR shall consult with LESSEE prior to making said improvements.
r)
LESSEE shall not sublease or rent any portion of the Leased Premises without the prior
written consent of the LESSOR.
8.
LESSEE agrees to indemnify and save the LESSOR free and harmless from all claims or
liability for damages to any person or persons for injuries to person or personal
Page 3 of 8
injuries resulting in the death of any person, or loss or damage to property occasioned
by or in connection with the use- of the premises hereby rented caused by any source
whatsoever, expressly including claims arising from the alleged negligence of LESSOR.
LESSEE hereby assumes full responsibility for the character acts and conduct of all
persons admitted to said premises, or to any portion of said building by the consent of
said LESSEE, by or with the consent of the said LESSEE.
a
LESSEE agrees to obtain and maintain in full force and effect for the duration of this
Agreement, and any extension thereof, Commercial General Liability Insurance on the Leased
Premises in the following types and amounts:
8.1
Premises Operations
8.2
Independent Contractors
8.3
Personal Injury
8.4
Advertising Injury
8.5
Medical Payments
8.6
Fire Legal Liability
8.7
Contractual Liability
Combined single limit for bodily
injury and property damage of
$500,000.00 per occurrence with an
aggregate limit of $500,000.00
$53000.00
$50,000.00
$50000.00
The cost of said policies shall be borne by LESSEE, and said policies shall name LESSOR
as a named insured as well as LESSEE. Policies shall provide for fifteen (15) days' notice to
LESSOR for cancellation, non -renewal or material change.
LESSEE shall further maintain fire insurance with extended coverage endorsements on a
replacement basis for the full insurable value covering all of the Leased Premises, with the LESSOR
named as co -loss payee. This policy shall be for a term of not less than one (1) year and renewed
annually prior to expiration so long as this lease is in existence. Certificates evidencing said insurance
Page 4 of 8
shall be provided to the LESSOR. The certificate shall provide for a minimum of fifteen (15) days'
notice to LESSOR of any cancellation of the insurance required herein. Should the Leased Premises
or any portion thereof be wholly or partially destroyed or lost by fire, explosion, windstorm, theft or
any other cause, any and all monies payable and collectible on policies of insurance covering the
Leased Premises shall be paid to LESSOR. LESSOR shall have sole discretion concerning whether
to rebuild or repair the Leased Premises or take no action to rebuild or repair. LESSOR has no
insurance on contents within the Leased Premises. Should LESSEE desire to insure contents,
LESSEE must provide such insurance at its own cost and expense.
Should LESSOR opt not to repair the Leased Premises after an insured loss then LESSEE
may at its option terminate this lease and whether it terminates or not, shall have no responsibility
to repair the damages caused by the insured loss to the Leased Premises, notwithstanding the
provisions of Paragraph 6.
10.
At the expiration of the term of this lease, LESSEE may hold over on a month -to -month
basis only under the same terms and conditions as set out in this lease.
Either party may terminate the lease agreement upon sixty (60) days' notice in writing to
the other party. In the event of termination LESSEE agrees to remove its property from the leased
premises and to leave the premises in good repair without damage.
Page 5 of 8
12.
LESSOR reserves the right to enter into Agreements with other entities at any time during the
term of this Agreement, or any extension thereof, which may limit access to Leased Premises as
described.
13.
This lease is made subject to all provisions of the City Charter of the City of Beaumont,
Texas,
IP
EXECUTED in duplicate originals this d ayof '7.ToLk )2022.
CITY OF BEAUMONT ATTEST!
U&I"A' 0
LESSEE:
BEAUMONT ART LEAGUE
J4EST:
BY: L J /-. 70/ A L R-Al 6,UJVC72-�q-o
f
ELLEN V01TER, PRESIDENT (Typed or Printed Name & Signature)
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Page 7 of 8
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