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HomeMy WebLinkAboutPR 19542: LEASE AT 207 S. SPOIL LEVEE ROAD, KNOWN AS SHARKYS' GRILL AND BAIT ON PLEASUERE ISLAND P.R. No. 19542 10/4/16 jd RESOLUTION NO. A RESOLUTION AUTHORIZING THE ASSIGNMENT OF THE LEASE AT 207 S. SPOIL LEVEE ROAD, LOCALLY KNOWN AS SHARKYS' GRILL AND BAIT ON PLEASURE ISLAND WHEREAS, the City of Port Arthur is the owner of a facility located at 207 S. Spoil Levee Road; and WHEREAS, the current Leasee/Tenant, Michael Manuel has leased the facility since 2006, operating a grill and bait shop knowns as Sharkys' Grill and Bait; and WHEREAS, per Resolution No. 14-451, the City renewed the lease agreement with Mr. Manuel for an additional three (3) years which will expire on September 29, 2017; and WHEREAS, due to unforeseen family emergencies, Mr. Manuel has stated that he can no longer operate the grill and bait shop and wishes to assign the remaining term of the lease to Mr. Bradley Roberts; and WHEREAS, Article 15, Section 15.01 states that if Landlord consents in writing to an assignment, sublease, or other transfer of Tenant's right under this lease, the assignee or subtenant must assume all of Tenant's obligations under this lease and Tenant will remain liable for every obligation under this lease; and WHEREAS, it is deemed in the best interest of the citizens of Port Arthur that the remaining term of the lease agreement be assigned to Bradley Roberts, as delineated in Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: s.pr19542 Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the City Manager to execute the Lease Assignment, attached hereto as Exhibit"A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of , 2016, AD at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: , NOES: . Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVE ' AS TO FORM: Imo` a C Valecia R. �zeno,` ity Attorney s.pr19542 APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager Jimmy Dike, Pleasure Island Director s.pr19542 EXHIBIT "A" s.pr19542 Lease Assignment Date: , 2016 Assignor: Michael Manuel Assignee: Bradley Roberts Lease Date: September 30, 2014 Landlord: City of Port Arthur Tenant: Michael Manuel Premises: See Exhibit "A" attached to this Assignment. Assignor assigns to Assignee Tenant's interest in the Lease. Assignor agrees that Assignor remains liable on the Lease. Assignee agrees to assume Tenant's obligations under the Lease and to accept the premises in their present "AS IS" condition. Landlord consents to this assignment. Bradley Roberts, Assignee Michael Manuel, Assignor CITY OF PORT ARTHUR: Landlord By: Brian McDougal, City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Bradley Roberts, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2016. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Michael Manuel, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2016. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Brian McDougal City Manager of the City of Port Arthur, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deeds of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2016. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS LEASE AGEEMENT Effective Date: E C , 2014 Landlord: City of Port Arthur Landlord's Mailing Address: P.O. Box 1089 Port Arthur, TX 77640 Tenant: Michael Manuel Tenant's Building Address: 207 S. Spoil Levee Road Port Arthur, TX 77640 Tenant's Mailing Address: 2405 Wilson Beaumont, Texas 77703 Premises: See Exhibit "A" attached to this agreement. Base Rent( monthly): $200.00 per month May thru September $100.00 per month October thru April Initial Term (months): Thirty-six (36) months commencing September 30, 2014 and ending September 29, 2017. Rent Commencement: Upon Tenant's commencement of business. Options to Renew: Tenant may renew the Lease for an additional three-years upon terms and conditions to be established by Landlord Use: As a location for Tenant's business operation related to live and dead bait and/or restaurant provided such use shall comply at all times with all applicable law and governmental regulations relating to the use of the property. Tenant will not use the building for any other purpose without the written consent of Landlord which will not be unreasonably withheld. In consideration of the mutual covenants and agreements of this lease, and other good and valuable consideration, Landlord demises and leases to Tenant, and Tenant leases from Landlord, the premises situated on Pleasure Island in Port Arthur, Jefferson County, Texas more particularly described in Exhibit A, attached to this lease and referred to as "the premises" or "the leased premises". The premises and any improvements thereon are leased AS IS, WHERE IS with all faults and without any warranties of any nature. Without limiting the generality for the foregoing, Landlord expressly disclaims any warranties of habitability, merchantability and suitability except as specifically stated herein. ARTICLE 1. TERM Term of Lease Sec. 1.01 The term of this lease is three (3) years, beginning on September 30, 2014 and ending on September 29, 2017 unless terminated sooner or extended as provided in this lease. Lease Year Defined Sec. 1.02 "Lease year," means a period of twelve (12) consecutive full calendar months beginning September 30 of each year and ending on September 29 of each year. Option to Extend Term Sec. 1.03 Tenant may extend this lease beyond the expiration date provided in Sec. 1.01 on the following conditions: a. Tenant may-if it fully and faithfully complies with this lease-extend the lease term for an additional three (3) year term. The option term will begin on the day following the expiration date of the lease term specified in Sec 1.01. But if, at the date the original term expires, Tenant is in default beyond any grace period provided in this lease in performing any terms of this lease, the remaining option is void. All the terms and covenants of this lease apply to all extended lease terms, except that rent will be determined by Landlord at the time Tenant exercises it option to renew. b. Tenant may exercise each option to extend this lease by giving Landlord notice of its intention to do so not later than ninety (90) days before the lease term expires. Notice of an intention to exercise an option under this lease must, to be effective, be sent by certified or registered mail to Landlord at the address provided in Sec. 17.01 and must be postmarked no later than the latest date provided in this section for Tenant's exercising the option. Holdover Sect. 1.04. If Tenant holds over and continues in possession of the premises after the lease term (or any extension of it) expires, other than as provided in Sect. 1.03, Tenant will be considered to occupy the premises on a month-to-month tenancy, subject to all the terms of this lease, except the rent will be 150% of the rent in effect at the expiration of the last least term. ARTICLE 2. RENT Sec. 2.01. a. Base Rent is $200.00 per month May thru September and $100.00 per month October thru April. Rent installments are due on the first day of each month. Time is of the essence in payment of rent. Any acceptance of a late rent payment from Tenant to Landlord shall not constitute a continuing waiver by Landlord of the obligation of Tenant for the timely payment of rent under the terms of the lease. Rent for partial months will be prorated. The first installment of Base Rent is due upon Tenant's commencement of business on the Premises. Place of Payment Sec. 2.02. Tenant will pay rent to Landlord at Landlord's office, located on Pleasure Island, Port Arthur, Texas or at such other location or locations as Landlord from time to time designates by written notice to Tenant. ARTICLE 3. USE OF PREMISES Permitted Use Sec. 3.01. Tenant may use the Premises as a location for Tenant's business operation of selling live and dead bait and/or operating a restaurant; provided such use shall comply at all times with all applicable law and governmental regulations relating to the use of the property. Tenant will not use the building for any other purpose without the written consent of Landlord which will not be unreasonably withheld. Manner of Operation Sec. 3.02. During the lease term (including any options or extensions) Tenant will keep the premises reasonably stocked and reasonably staffed to serve the patrons in a manner comparable to other facilities doing a similar business in trade area of the premises. Tenant must keep the premises open for business at least eight (8) hours daily, subject to the following exclusions: (a). Tenant is not required to operate its Business on Sundays or legal holidays; (b). Tenant is not required to operate its Business during any time when operations must be suspended because of casualty loss to the building; strike; insurrection; or other Cause beyond Tenant's control; and (c). Tenant is not required to operate its Business on either Sunday or Monday during the months of December, January and February. Nuisance or Illegal Uses Sec. 3.03. Tenant may not use, or permit using, the premises in any manner that results in waste of them or constitutes a nuisance or for any illegal purpose. Tenant, at its expense, will comply, and will cause its officers, employees, agents and invitees to comply, with all applicable laws, ordinances, and governmental rules and regulations concerning the use of the premises, including (but not limited to) building codes, fire codes and other ordinances and codes of the City of Port Arthur. ARTICLE 4. MAINTENANCE AND SURRENDER Maintenance and Surrender by Tenant Sec. 4.01. Tenant is solely responsible for all maintenance and repairs during the term of this Lease and any extension, and will keep the Premises free from waste or nuisance, and will insure that proper measures are taken so that water drains around and/or under any improvements in an appropriate manner, consistent with good property management and in compliance with federal, state, and local laws and regulations including any directive from Landlord. When the lease terminates, Tenant must surrender and deliver the premises to Landlord in good repair and condition, except for reasonable wear and tear and damage by fire, tornado, or other casualty. Remedy for Failure to Maintain Sec. 4.02. If Tenant fails to perform its obligation to repair or maintain according to Sec. 4.01 above within a reasonable time after notice from Landlord of the need for such repair or maintenance, Landlord may have the repairs made or maintenance performed or may declare a default under Sec. 13.01. Any costs incurred by Landlord under this section are payable by Tenant to Landlord as additional rental on the next rental installment date or, if not further rental installments remain under the lease, within ten (10) days after notice to Tenant or when the lease terminates, whichever occurs first. ARTICLE 5. TAXES AND ASSESMENTS Personal Property Taxes Sec. 5.01. Tenant must pay and fully discharge all taxes, special assessments, and governmental charges of any kind imposed during the lease term on the furniture, trade fixtures, appliances, and other personal placed by Tenant in, on or about the premises. Real Property Taxes and Assessments Sec. 5.02. Tenant must pay and fully discharge all real property taxes, special assessments, and other governmental charges of any kind imposed on the premises during the lease term, including any special assessments imposed on or against the premises for constructing or improving public works; provided, however, that this Provision does not apply to any such taxes, special assessments, and/or governmental charges which are levied by, or at the instigation of, Landlord, without the express written consent of Tenant thereto. ARTICLE 6. UTILITIES AND GARBAGE REMOVAL Utility Charges Sec. 6.01. Tenant will pay all utility charges for water, electricity, heat, gas, and telephone service used in and about the premises during the lease term. Tenant will pay the charges directly to the utility company or municipality furnishing the service before the charges become delinquent. Garbage Removal Sect. 6.02. Tenant will pay for garbage removal from the premises during the lease term. ARTICLE 7. ALTERATIONS, ADDITIONS, IMPROVEMENTS AND FUEL SYSTEM Consent of Landlord Sec. 7.01. Tenant may not make any alterations, additions or improvements to the premises without Landlord's Prior written consent. Landlord may not unreasonably withhold consent for nonstructural alterations, additions, or improvements. Property of Landlord Sec. 7.02. All alterations, additions, or improvements made by Tenant will become Landlord's property when the lease terminates. But Landlord may, when the lease terminates, require that Tenant remove any alterations, additions, and improvements tenant installed or made, as well as any other property Tenant placed on the Premises. Tenant must, in that case, repair any damage to the Premises caused by the removal, normal wear and tear excepted. Notwithstanding the foregoing, however, Tenant shall have the right to remove, at his own expense, any additional structures he places upon the Premises during the term when the Lease endures, so long as the following conditions are observed. (a). Any such additional structure or structures must be mounted skids, wheels, or other devices such that the said additional structure or structures may be easily removed without substantial damage to the Premises; and (b). Tenant shall be responsible for repairing any damages to the Premises occasioned by the existence of the structures there upon, and/or caused by the removal of said structures therefrom, and any other property it placed in the premises. Tenant must, in that case, repair any damage to the premises caused by the removal, normal wear and tear excepted. Construction Plans and Schedule Sec. 7.03. Prior to engaging in any new construction Tenant will furnish written plans and specifications to Landlord for approval. Landlord may approve or reject said plans in its sole discretion. Tenant covenants to abide by the approved construction plans and construction schedule at Tenant's own expense. ARTICLE 8. TRADE FIXTURES AND SIGNS Trade Fixtures Sec. 8.01. Tenant has the right at all times to erect or install shelves, bins, machinery or other trade fixtures in, on or about the premises, as long as Tenant complies with all applicable governmental laws, ordinances, and regulations regarding the fixtures. Tenant may remove all trade fixtures when the lease terminates if Tenant is not in default under the lease and the fixtures are removable without structural damage to the premises caused by removing trade fixtures, and all the repairs must be completed before the lease terminates. Any trade fixtures not removed by Tenant when the lease terminates will be considered abandoned by Tenant and will automatically become Landlord's property. Signs Sec. 8.02. Tenant may erect signs on any portion of the premises-including but not limited to the exterior walls-subject to applicable statues, ordinances, and zoning restrictions. Tenant must remove all signs when this lease terminates and must repair any damage, including but not limited to closing any holes cause by removal. ARTICLE 9. MECHANIC'S LIEN Tenant will not permit any mechanic's lien or liens to be placed upon the premises or upon improvements on them. If a mechanic's lien is filed on the premises or on improvements on them, Tenant will promptly pay the lien. If default in payment of the lien continues for twenty (20) days after Landlord's written notice to Tenant, the Landlord may, at its option, pay to the lien or any portion of it without inquiring into its validity. Any amounts Landlord pays to remove a mechanic's lien caused by Tenant to be filed against the premises or against improvements on them, including expenses and interest, will be due from Tenant to Landlord and must be repaid to Landlord immediately on rendition of written notice, along with interest at eighteen (18) percent annually until repaid to Landlord immediately on rendition of written notice, along with interest in eighteen (18) percent annually until repaid. ARTICLE 10. INSURANCE AND INDEMNITY Property Insurance Sec. 10.01. At Landlord's option, Landlord may insure the buildings and improvements, with proceeds of any such insurance being paid solely to Landlord. Tenant will pay, as additional rent, the premium or premiums of such insurance. However, the Parties understand and agree that Landlord's power to obtain such insurance. However, the Parties understand and agree that Landlord's power to obtain such insurance is strictly limited to the obtaining of such insurance as is reasonably and proportionately necessary to the adequate insuring of the buildings and improvements, with relationship to the actual fair valuation of said buildings and improvements, so as to minimize the cost to Tenant therefor. The Parties further understand and agree that Landlord will not obtain insurance which is duplicative of any adequate insurance which Tenant may himself have obtained prior to Landlord's having done so, so long as such Tenant-obtained insurance names Landlord as sole payee thereof. Liability Insurance Sec. 10.12. Tenant, at its own expense, must provide and maintain in force during the lease term liability insurance in the amount of $1,000.000.00. The policy must cover Landlord as additional insured and must be one or more insurance companies authorized to transact business in Texas and approved by Landlord. Remedy for Failure to Provide Insurance Sec. 10.03. Tenant must furnish Landlord with certificates of all insurance required by this article. If Tenant does not provide the certificates when Landlord delivers possession to Tenant, or if Tenant allows any insurance required under this article to lapse, Landlord may, at its sole option, pay the premiums on the necessary insurance to comply with Tenant's obligations under this article. Landlord is entitled to immediate reimbursement from Tenant for all amounts spent to procure and maintain the insurance, with interest at the rate of eighteen (18) percent annually from the date of payment by Landlord until reimbursement. Hold-Harmless and Indemnity Clause Sec. 10.04. Tenant will indemnify and hold Landlord harmless against any claims, demand, damages, costs, and expenses, including reasonable attorney's fees for defending the claims and demands, arising from the conduct or management of Tenant's business on the premises or from its use of them; from any breach on Tenants' part of any conditions of this lease; from any act of negligence of Tenant, its agents, contractors, employees, subtenants, concessionaires, or licensees in or about the premises; or from any action by any governmental authority relating to the use or condition of the premises. If any action or proceeding is brought against Landlord by reason of any such claim, Tenant upon notice from Landlord, will defend the action or proceeding by counsel acceptable to Landlord. Landlord will not be liable to Tenant, or any of its agents, employees, servants, owners or invitees, for any damage to person or property due to the condition, design or any defect in the premises that may exist or subsequently occur. Tenant, with respect to itself and its agents, employees, servants, owners and invitees, assumes all risks and damage to person and property, either proximate or remote, by reason of the present or future condition of the premises. Tenant will indemnify and hold Landlord harmless from all suits, claims, and actions of every kind by reason of any breach, violation or nonperformance of any term on the part of Tenant under this lease. Additionally, Tenant will indemnify and hold Landlord harmless from all claims, actions, damages, liabilities and expenses asserted against Landlord on account of injuries to persons or damage to property to the extent that any such damage or injury may be caused, either proximately or remotely, by any act or omission, whether negligent or not, of Landlord, Tenant, or any of their respective agents, servants, employees, owners, contractors, patrons or invitees (while such invitees are on the premises) or of any other person entering upon the premises under or with Tenant's express or implied invitation, or if any such injury or damage may in any other way arise out of the occupancy or use of Tenant, its agents, employees, and invitees of the premises, unless however such damage or injury is a result of the sole negligence of Landlord. This section is for the benefit of Landlord only, and no right of action will accrue under this section to any third party by way of subrogation or otherwise. This section will survive the expiration of this lease. Provision Concerning Mold Sec. 10.05. Tenant waives and releases Landlord (and its owners, agents, employees, successors, and assigns) from any and all claims for personal injury, death, sickness property damage, consequential damages, living expenses, punitive damages, costs, and attorney fees related directly or indirectly in any manner to the existence, formation, exposure, removal, abatement, or remediation of mold, mold contamination, or mold-related conditions caused by any source or condition. Tenant specifically releases all claims for damages due to negligence, deceptive trade practices, residential construction liability, failure to disclose, strict liability, breach of warranty, breach of contract, fraud, punitive, damages, living expenses, consequential damages, attorney fees, and costs. Tenant acknowledges that Tenant is leasing the leased premises AS IS, WHERE IS. Tenant has been granted the opportunity to conduct tests and inspections to identify the existence of mold. By execution of this lease Tenant acknowledges that it accepts the property in its present condition. Tenant accepts full responsibility for inspecting the property regularly for the existence of mold, for taking prudent steps to prevent the growth of mold, and for doing what is necessary to remove and eliminate mold at Tenant's sole cost and expense. Tenant's failure to perform its obligations under this provision is an event of default. ARTICLE 11. DAMAGE OR DESTRUCTION Notice to Landlord Sect. 11.01. If the premises or any structures or improvements on them are damaged or destroyed by fire, tornado, or other casualty, Tenant must immediately give Landlord written notice of the damage or destruction, including a description of the damage and, as far as know the Tenant, the cause of the damage. Total Destruction Sec. 11.02. If the premises are totally destroyed by fire, tornado, or other casualty not the fault of Tenant or any person in or about the premises with Tenant's express or implied consent, or if they are so damaged that rebuilding or repairs cannot reasonably be completed within 120 working days at a cost not to exceed insurance proceeds actually received, this lease will terminate at Landlord's option, and rent will be abated for unexpired portion of this lease, effective as of the date of written notification as provided in Sec. 12.01. Partial destruction Sec. 11.03. If the premises are damaged by fire, tornado, or other casualty not the fault of Tenant or any person in or about the premises with Tenant's express or implied consent-but not to such an extent that rebuilding or repairs cannot reasonably be completed within thirty (30) working days and at a cost not to exceed insurance proceeds actually received, this lease will not terminate except as follows; a. If the premises are partially destroyed before the final twenty-four(24) months of the lease term, Landlord will only to the extent of insurance proceeds actually received, proceed immediately to rebuild or repair the premises to substantially the condition they were in before the damage. If the damage renders the premises un-tenantable in whole or in part, the rent payable during the period in which they are un-tenantable will be adjusted equitably. b. If the premises are partially destroyed before the final six (6) months of the lease term, Landlord need not rebuild or repair the premises. If Landlord elects not to rebuild or repair, and the damage rendered the premises un-tenantable in whole or in part. Tenant may terminate the lease or continue it, with the rent for the remainder of the lease period adjusted equitably. ARTICLE 12. CONDEMNATION If all the premises are taken by eminent domain, this lease will terminate. In the event of a partial taking, Landlord will determine, in its sole discretion, whether the premises may still be used effectively for the purposes envisioned by this lease, and if Landlord determines the premises may still be used effectively this lease will continue in full force and effect; otherwise, this lease will terminate. All condemnation awards will belong to Landlord, except such awards as Tenant may receive on its own account for taking of its business and its property. ARTICLE 13. DEFAULT Tenant's Default Sec. 13.01. The following events will be considered events of default under this lease; if Tenant allows the rent to be in arrears more than (10) days after written notice of the delinquency; if Tenant remains in default in the performance of any of its obligations under this lease for ten (10) days after written notice from Landlord, if Tenant abandons the premises; if Tenant becomes the subject of any bankruptcy or other insolvency proceeding under federal or state law; if Tenant makes an assignment for the benefit of its creditors; if Tenant has a receiver appointed for any of its assets, if Tenant has a writ of execution issued against its assets; if Tenant has its licenses for the operation of any part of its business forfeited or revoked; or if Tenant fails to have fuel readily available for sale to the public at any time Tenant is open for business. In any such event, Landlord may, without notice to Tenant, terminate this lease, or in the alternative, may reenter and take possession of the premises and remove all persons and property without being considered guilty of any manner of trespass and may relet the premises (or any part of them) for all or any part of the remainder of the lease term to a party satisfactory to Landlord and at the monthly rental that Landlord can secure with reasonable diligence. If Landlord cannot relet after reasonable efforts to do so or if the monthly rental is less than the rental Tenant was obligated to pay under this lease. Tenant must pay Landlord for the expense of reletting plus the amount of any deficiency in the rent. Landlord's Lien Sec. 13.02. Landlord has a lien upon all goods, chattels, or personal property of any description belonging to Tenant that are placed in, or become a part of, the premises, as a security for rent due and to become due for the remainder of the current lease term. This lien is not in lieu of-nor in any way affects- the statutory landlord's lien but is in addition to it, and Tenant grants to Landlord a security interest in all personal property placed in or on the premises for purposes of this contractual lien. This does not prevent Tenant's selling any merchandise in the ordinary course of business free of the Landlord's lien. If Landlord exercises the option to terminate the leasehold, reenter, and relet the premises, as provided in the preceding paragraph, and gives Tenant reasonable notice of its intent to take possession of Tenant's property on the premises and an opportunity for a hearing on the matter, Landlord may take possession of all of Tenant's property on the premises. After giving Tenant reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, Landlord may then sell the property at public or private sale, for cash or on credit, for the prices and terms as Landlord considers best, with or without having the property present at the sale. The proceeds of the sale will be applied first to the necessary and proper expense of removing, storing, and selling the property, then to the payment of any rent due or to become due under this lease; any balance will be paid to Tenant. Landlord has all the rights of a secured party under the provision of Article 9 of the Texas Business and Commerce Code. Cumulative Remedies Sec. 13.03. Landlord's rights and remedies under this Article are cumulative, and none will exclude any other right or remedy provided by law or any other provision of this lease. All the rights and remedies may be exercised and enforced concurrently and whenever occasion for their exercise arises. Waiver of Breach Sec. 13.04. Landlord's waiving a breach of this lease by Tenant does not constitute a continuing waiver or a waiver of any subsequent breach. ARTICLE 14. INSPECTION BY LANDLORD Tenant will permit Landlord and its agents, representatives, and employees to enter the premises at all reasonable times for the purpose of inspection, maintenance, or any other purpose necessary to protect Landlord's interest in the premises or to perform its duties or exercise its rights under this lease. ARTICLE 15. ASSIGNMENT AND SUBLEASE Assignment and Subletting by Tenant Sec. 15.01. Tenant may not sublet, assign, encumber, or otherwise transfer this lease or any right or interest in it, or in the premises or the improvements on them, without Landlord's written consent. If Tenant sublets, assigns, encumbers or otherwise transfers its rights or interest in this lease or in the premises or the improvements on them without Landlord's written consent, Landlord may, at its option, declare this lease terminated. If Landlord consents in writing to an assignment, sublease, or other transfer of Tenant's rights under this lease, the assignee or subtenant must assume all of Tenant's obligations under this lease, and Tenant will remain liable for every obligation under this lease. Assignment by Landlord Sec. 15.02. Landlord may assign or transfer any of its interest under this lease. ARTICLE 16. MISCELLANEOUS Notices and Addresses Sec. 16.01. All notices required under this lease must be given by certified or registered mail, addressed to the proper party, at the following address: Landlord: City of Port Arthur P.O. Box 1089 Port Arthur, TX 77640 Tenant: Michael Manuel 2405 Wilson Beaumont, TX 77703 Either party may change the address to which notices are to be sent by sending written notice of the new address to the other party in accordance with the provisions of this section. Parties Bound Sec. 16.02. This agreement binds and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, legal representatives, successors, and assigns when this agreement permits. Texas Law to Apply Sec. 16.03. This agreement is to be construed under Texas law, and all obligations of the parties created by this lease are performable in Jefferson County, Texas. Legal Construction Sec. 16.04. If any one or more of the provisions in this agreement are for any reason held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision of the agreement, which will be construed as if it had not included the invalid, illegal, or unenforceable provision. Prior Agreements Superseded Sec. 16.05. This agreement constitutes the parties' sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter. Amendment Sec. 16.06. No amendment, modification, or alteration of this agreement is binding unless in writing, dated subsequent to the date of this agreement, and duly executed by the parties. Rights and Remedies Cumulative. Sec. 16.07. The rights and remedies provided by this lease are cumulative, and either parties using any right or remedy will not preclude or waive its right to use any Other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Attorney's Fees and Costs Sec. 16.08. If, as a result of either party's breaching this agreement, the other party employs an attorney or attorneys to enforce its rights under this lease, the breaching party will pay the other party the reasonable attorney's fees and costs incurred to enforce the lease. Force Majeure Sec. 16.09. Neither Landlord nor Tenant is required to perform any term or covenant in this lease so long as performance is delayed or prevented by FORCE MAJEURE, which includes acts of God, strikes, lockouts material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within Landlord's or Tenant's control and that Landlord or Tenant cannot, by exercising due diligence, prevent or overcome, in whole or part. Time of Essence Sec. 16.10. Time is of the essence of this agreement. Navigational Servitude Sec. 16.11. This lease is subject to all rights of the Corps of Engineers and/or other governmental agencies concerning land usage of lands bordering on waters affected by the ebb and flow of the tide, and Corps of Engineers rights or alleged rights of Navigational Servitude under the United States Constitution and/ or other laws of the United States. The undersigned Landlord and Tenant execute this agreement on //—/'7 2014. "Landlord" " Tenant" CITY OF PORT ARTHUR By: Q `- .C...--�vASLBw`"fr , 1vo, John . Comeaux, P.E., Michael ranuel Interim City Manager ARCENEAUX & GATES ARCENEAUX Consulting Engineers, Inc. GATES I Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.549 ACRES OF LAND SITUATED IN THE JOSEPH BUTLER SURVEY, ABSTRACT NO. 9 - PLEASURE ISLAND, PORT ARTHUR,JEFFERSON COUNTY,TEXAS Being a 0.549 acre tract or parcel of land, a portion of that certain 1895.57 acre tract of land a conveyed by deed from H. L. McKee to the City of Port Arthur,recorded in Volume 357,Page 619 of the Deed Records, County Clerk's Office, Jefferson County, Texas as situated in and a part of the Joseph Butler Survey, Abstract No. 9, Jefferson County,Texas and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES, commence at a concrete monument found(Corps of Engineers Monument) located at the intersection of the Westerly line of T.B. Ellison Parkway(Right of Way widths varies)with the Southwesterly line of Pleasure Pier Boulevard(Right of Way width varies); THENCE South 35 deg. 41 min. 43 sec. West a distance of 2788.55 feet to a ''/2" steel rod with cap marked Arceneaux & Gates found located at the intersection of the Easterly line of said T.B. Ellison Parkway with the Southwesterly line of Fishing Levee Road (Right of Way width varies)marking the Northwest corner of a proposed 0.367 acre out tract(not conveyed at the time of this survey); THENCE South 54 deg. 33 min. 21 sec. East along the Southwesterly line of said Fishing Levee Road and Northerly line of said 0.367 acre out tract a distance of 200.00 feet to a P.K.Nail with washer marked Arceneaux & Gates Engineers found marking the Northeast corner of said 0.367 acre out tract and the Northwest corner and PLACE OF BEGINNING of the herein described tract of land; THENCE South 54 deg. 33 min. 21 sec. East continuing along the said Southwesterly line of Fishing Levee Road with the Northerly line of this tract a distance of 319.24 feet to a'/2" steel rod with cap marked Arceneaux & Gates set marking the Northeast corner of the herein described tract of land; THENCE South 64 deg. 23 min. 53 sec. West, departing said Southwesterly Right of Way line along the Easterly line of this tract a distance of 91.25 feet to a'/2" steel rod with cap marked Arceneaux & Gates set marking the Southeast corner of the herein described tract of land; Exhibit "A" Page 1 of 2 .A•••[...•e..A.0 SURVEYMOWEIES•90UNDIVWS„C.10 doe ._ _ �. ��_._ .nn,wn• wnnn m v Ann!fl A 1 447