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Home My WebLink AboutRES 26-070 LEASE AGREEMENT THE STATE OF TEXAS . COUNTY OF.IEFFERSON WHEREAS,ttie City of Beaumont,a municipal corporation domiciled in Jefferson County,Texas, hereinaRer called "City" and the So�rtti End Cl�ariton-Pollard Greater Historic Community Association, a Texas nonproFit organization domiciled in Jefferson County, Texas,tiereinaRer called "Lessee,"and WHEREAS the City and Lessee acicnowledge ttiat tl�e cultivation and ongoing maintenance o£a community garden on city-owned properly will provide a public benefit by fostering community participation,encouraging healttiy lifestyles,supporting sustainable land use,and expanding access to$esfi produce£or residents,thereby serving a valid public purpose, as described in Ylie Leased Premises; and WHEREAS,to that end, CITY and LESSEE agree as£ollows= W I T N F S S E T H: Artic�e 1_ Description oYL¢as¢Premises For and in consideration of tt�e lease £ee fiereinafter reserved to Lessee and tk�e performance by Lessee of tfie covenants and agreement tiereina£ter contained, City does t�ereby lease and let unto Lessee,and Lessee does kiereby take and lease from C9ty tlie premises�tlie"Leased Premises")For tl�e purposes o£a community garden: Tliat certain land more Fully described in Extiibit"A"attactied fiereto and incorporated,fierein by reference, to be used as a community garden and all related appurtenances and structures autl�orized by tlie City_ Ti�e Leased Premises does not include any portion ofttie Charlton Pollard Park land_ Article 2_Term of Agreement n Q ^ Ttie terrr� ofthis Agreement shall be for five (5 years commencing (10�1� [1 � (X��LQ _ and terminating at 1 1=59 p.m. on ��71r1� �� ,?a3\ —�nless sooner teriiiinated as provided lierein_ Ttie City and Lessee may, by mutaial written agreement., renew tl�is Agreement Por up to iwo (2�additional one-year terms. In the event Lessee fails to properly maintain tl�e community garden and any related improvements in accordance witl�all applicable City, State,and Federal laws,or otl�erwise in a manner not in Furtt�erance of or substantially related to ARicle 4 of ttiis Agreement the City may tei-rriinate this Agreement and restore the Leased Premises to its original condition_ Articl¢3_ L¢ase F¢¢ The Lessee sl-�all pay ttie City an annual lease fee of Ten Dollars($1 O_00)for t6e right to occupy and manage tfie community garden on tlie Leased Premises. Payment shall be due on tlie second day of eacfi calendar year during the terrri of tliis Agreement_ 1 Article 4.Use and Occupancy Lessee shall use and occupy the Leased Premises solely as a community garden with community activities far public benefit. The garden shall be maintained in a safe and orderly condition and, to the extent practicable, open to the public during reasonable hours. Lessee shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to its use of the Leased Premises. No unlawful activity shall be permitted on the Leased Premises. Lessee shall not assign or sublease the Leased Premises without the prior written consent of the City. Article 5.Alterations,Additions or Improvements Lessee shall not,without first obtaining the written consent of the City Manager or his designee,make any improvements to the Leased Premises. Any approved improvements shall be constructed in accordance with all applicable federal, state, and local laws, ordinances,rules, regulations, and adopted codes. No structures ar appurtenances shall be located within an easement or right-of-way. Article 6. Obligations of City and Lessee Lessee shall, at its own expense, maintain the community garden and all related structures and appurtenances in a clean, safe, and attractive condition, and shall provide any labor or materials necessary for its operation. Lessee shall solely be responsible for its employees, volunteers, and agents, none of whom shall be considered employees of the City. Article 7. General Liability Insurance Lessee shall provide general liability insurance in the minimum aggregate amount of One Million Dollars ($1,000,000.00), such insurance naming City as an additional named insurance and provide City with a certificate of insurance evidencing such coverage. The insurance must additionally insure the indemnity required by this Agreement. Article 8.Damage to Leased Premises In the event the Leased Premises are damaged or destroyed by fire or other casualties, City may elect whether to repair or restore the Leased Premises. If City elects not to repair,this Agreement shall terminate as of the date of such casualty. Article 9.Default 2 In the event either party defaults in the performance of any of its obligations under this Agreement, and such default continues uncorrected for thirty (30) days after written notice from the other party of the particular default, said notice being given by certified mail, return receipt requested, addressed to the defaulting party at its address as hereinafter set forth, thereupon, at the sole election of the non-defaulting party, this Agreement may be terminated. City shall have the right of re-entry and shall assume full possession and control of the Leased Premises. Notice to the City shall be deemed proper when received by the City Manager, or their designee.Notice to Lessee shall be deemed proper when received by any member of Lessee who accepts service. Article 10.Indemnification Lessee shall indemnify and hold City harmless from any and all liabilities, claims, damages,judgements, injuries, costs, and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of Lessee's community garden or its use of the Leased Premises. Article 11.Miscellaneous Venue for any dispute arising from this agreement shall be proper in Beaumont, Jefferson County, Texas. This agreement represents the full understanding between the parties. Any amendments or addendums not in writing and attached to this document shall be unenforceable. Final approval to establish and occupy this site as a community garden is subject and beholden to approval of a Specific Use Permit to be applied for and approved of after execution of this agreement but before use of the property by the Lessee. 3 IN WITNESS WHEREOF,the parties hereto have executed the Agreement on the day of , 2026. LESSEE: SOUTH END CHARLTO LL REATER HISTORIC COMMUNITY ASSOCIATION By: Printed Name/Title: Christo er Ja es Jones President/Chair Date Signed: LESSOR: CITY OF BEAUMONT ) , i By: Printed Name/Title: {�y�,h,�,-�}jl, R.. YV i��IQIn�S City Mana�,er � Date Signed: � � 2� 4 Exhibit"A" Legal Description Being the northern `/z of Lots 1, 2, and 3 and all of Lots 4, 5, and 6, Block 1 of the Amos Addition and '/2 of Tract 22 and all of Tract 23, Plat D, of the David Brown League Survey, Beaumont,Jefferson County, Texas, including 152' x 34.5' of the westernmost portion of the Grant Street right-of-way, containing approximately 1.53 acres. XHIBIT"A" outh End Charlton-Pollard Greater Historic Community Associatio�Garden arcel 10: 1298,1297,1296,1294,12884,121883,and portion of the Grant Street ROW ocation:South of 2060 Irving Avenue eased Premises does not include Charlion Poliord Park 0 100 200 1 i I I Feet �---� �"� � � � I� � � - G � � � �egend �� _---a� �--— ----a _1 I i I � _.. � �—..._ N � � �leased Premises i �----- C � I �' Z _�_ , �� Chariton Poilard Park �_�_� i, -+ l___L_L—DI ` �-___--�I i—.__—, i �—�(_"��=o�_�z --, ( � 1 i. zC" �� I e � �-"r �I I -c I DEVILLENEUV ! � � I �--� I 1 �` I � __�1--_—� I�� _ I ( I t I � L.—!�� --� �— i---- � � �^___J L_1---� �- MCGOVERN �� - �_ i I� � . � I �� rUNCALN� � II � � ^^� � MARY � I '�`.� - ----J��T �� , �-- � � � � � � _ GRANT -- --�--- � � �._ _-� --�-� ( � � i � � � I� ! 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