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HomeMy WebLinkAboutPR 20255: 6 MONTH LEASE WITH KAREY AMICK OF B&H ENTERPRISES, iNC. FOR THE PROPERTY LOCATED AT 949 T.B. ELLISON PARKWAY P.R. No. 20255 05/01/18 ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SIX (6) MONTHS LEASE WITH KAREY AMICK OF B&H ENTERPRISES, INC. FOR THE PROPERTY LOCATED AT 949 T.B. ELLISON PARKWAY,ALSO KNOWN AS THE PLEASURE ISLAND BOAT YARD. WHEREAS, B&H Enterprises, Inc. has been operating the property known as The Boat Yard located at 949 T.B. Ellison Parkway on Pleasure Island since 2010; and WHEREAS, the Boat Yard has suffered significant deterioration to its bulkhead over time, causing major erosions and safety concerns relative to loads behind the bulkhead, such as forklifts, vehicle and boat lifts, etc.; and WHEREAS, the bulkhead provides an economic shoreline interface between the upland marina area and wet slips; and WHEREAS, in addition the bulkhead served as a main source of revenue for B&H Enterprises, Inc.; and WHEREAS, due to the substantial loss in revenue for B&H Enterprises, Karey Amick is requesting a reduction in rent for a period of six (6) months; and WHEREAS, the length of time required to repair the bulkhead should be at most(6) months; and WHEREAS, B&H Enterprises will comply with all of the City's code enforcement rules and regulations during the term of the lease; and WEHREAS, it is deemed in the best interest of the City Council to approve the proposed lease attached hereto as Exhibit"A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council herby authorized the City Manager to enter into a six 6) month lease with Karey Amick of B&H Enterprises, Inc., in substantially the same for attached hereto as Exhibit"A". Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED,this day of , 2018 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 Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 1/41 171/1:0 Valecia R. ize o, Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager Jimmy Dike, Pleasure Island Director Exhibit "A" STATE OF TEXAS § § COUNTY OF JEFFERSON § LEASE THIS LEASE, made and entered into at Port Arthur, Jefferson County, Texas effective , 2018, by the City of Port Arthur, hereinafter referred to as the "Lessor," and Karey Amick, as representative of B&H Enterprises, Inc., hereinafter referred to as the "Lessee," which terms of Lessor and Lessee are used in a general sense and shall include the successors, assigns, sublessees or licensees of the respective parties. WITNESSETH THAT IN consideration of the covenants and agreements hereinafter mentioned and to be performed by the respective parties hereto, and the payment of rent herein designated to be paid by the Lessee in accordance with the provisions of this Lease, the Lessor has leased, rented, let and demised and by these presents does lease, rent, let and demise unto the said Lessee the following described real property, together with the improvements situated thereon and equipment, furnishings and personal property located therein, on Pleasure Island in Port Arthur, Texas, described on Exhibit "A" attached hereto and made a part hereof for all purposes. TO HAVE and to hold the above-described premises, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise incident or appertaining, unto the Lessee for the term of six (6) months for the purposes generally outlined hereinafter. ARTICLE 1. Term of Lease THIS LEASE shall begin on the day of execution hereof and continue for six (6) months hereafter unless sooner terminated as herein provided. The term commences May10, 2018 and terminates on November 9, 2018. There shall be no extension of this lease. THE LESSOR covenants that it has lawful title to said premises, free and clear of all liens, mortgages and encumbrances, subject, however, to outstanding minerals reserved by the State with right of development, easements and restrictions provided by statute or of record affecting the premises, and subject to all ordinances, statutes and regulations of competent governmental authority affecting the occupancy and use thereof, the construction and maintenance of improvements thereon and the use and activity to be engaged in by Lessee and its assigns, in force now and subsequently during the term of this Lease, and further subject to the alleged rights of"Navigational Servitude" in the United States government as hereinafter described in ARTICLE 24.The premises are described by metes and bounds and Lessor does not warrant, guarantee or covenant as to acreage or any minimum area leased. ARTICLE 2.Title and Survey THE LESSOR covenants that it has lawful title to said premises, free and clear of all liens, mortgages and encumbrances, subject, however, to outstanding minerals reserved by the State with right of development, easements and restrictions provided by statute or of record affecting the premises, and subject to all ordinances, statutes and regulations of competent governmental authority affecting the occupancy and use thereof, the construction and maintenance of improvements thereon and the use and activity to be engaged in by Lessee and its assigns, in force now and subsequently during the term of this Lease, and further subject to the alleged rights of "Navigational Servitude" in the United States government as hereinafter described inARTICLE 24. The premises are described by metes and bounds and Lessor does not warrant, guarantee or covenant as to acreage or any minimum area leased. ARTICLE 3. Rental THE LESSEE hereby covenants with the Lessor that it will pay, in advance,on the 1st day of each month during the primary term, rent in the sum of$1.00 AND NO/100 ($) 1.00) per month. The rent commencement date is May 10, 2018. PLACE OF PAYMENT. All rents shall be due and payable at the Pleasure Island Commission office in current legal tender of the United States of America, as the same is then, by law, constituted. The extension of any time or times for the payment of any installment or installments of rent, shall not be a waiver or release of the right of the Lessor to insist on having any or all of said payments of said rent made in the manner and at the time herein set forth. In the event of damage of destruction of the improvement(s) by fire or other casualty, the rental may be abated with written notice of same to the Pleasure Island Commission within five (5) days thereafter and subject to the reasonable approval of the Pleasure Island Commission and for such term and under such conditions as are just and equitable under the circumstances. If the Lessor and the Lessee are unable to agree upon what abatement of rent is just and equitable within thirty(30) days after the decision of the Pleasure Island Commission is made in writing, the matter in dispute may, by appropriate proceedings, be submitted by the aggrieved party to a court then having jurisdiction. ARTICLE 4. Occupancy and Acceptance of Premises Except as expressly provided in Article V below, by entering into and occupying the demised premises, the Lessee shall be deemed to acknowledge that the demised premises are in good condition and repair, and accepts said premises in "AS IS" condition, without any warranties, whatsoever. ARTICLE 5. Use of Premises Purposes: Lessee shall use the demised premises for the purpose of conducting thereon and therefrom a boat repair and storage establishment, repairing vessels, selling supplies, and related items. No part of the demised premises shall be used for any other purpose without the prior written consent of Lessor. Maintenance of Premises: The Lessee shall at all times maintain all of the premises herein demised in a clean, neat, and orderly condition, including the parking area and landscaping surrounding the demised premises. Lessor agrees to maintain structural integrity of the premises, the roof and outer walls of the demised premises only. Lessee agrees to maintain all other facets of the demised premises including, but not limited to, all heating, ventilation, air conditioning, plumbing, electrical, lighting facilities, interior walls, floors, doors, and the glass windows surrounding the building exterior. Lessee further agrees to make any and all repairs necessary to the above-described aspects of the building, perform all necessary maintenance, and any other work needed on the property not specifically to be performed by Lessor at Lessee's own and sole expense. The Lessee shall not use the demised premises or any part thereof, or permit any part of the demised premises to be used, or permit any act whatsoever to be done on the demised premises, in a manner that will violate or make void or inoperative any policy of insurance held by the Lessor. Public Regulations: The Lessee covenants and agrees that during the term hereof, it will conform to, and observe all applicable ordinances, rules, laws and regulations of any governmental authority having jurisdiction and will not, during such term permit the same to be used for any illegal or immoral purpose, business or occupation. A violation of this section shall operate as a breach. ARTICLE 6. Signs Lessee shall have the exclusive right to erect and maintain upon the exterior and interior of the demised premises, at its own expense, all signs necessary or appropriate to the conduct of the business of Lessee; provided, however, that Lessee shall not have the right to erect or maintain in or upon the demised premises any sign the erection, maintenance, or removal of which will operate to decrease the value of said demised premises, without the Lessor's prior consent in writing. Any signs erected or placed in or upon said demised premises by Lessee may be removed by it at any time during said term or upon the expiration or sooner termination of this lease and, upon the written request of Lessor, must be so removed upon expiration or termination, and all damage caused by the erection, maintenance or removal of any and all such signs shall be fully repaired at the cost and expense of Lessee Installation of any and all exterior signs on the demised premises, including the roof thereof,shall be subject to the prior written approval of Lessor as to design, size and location. ARTICLE 7. Alterations, Changes, and Additions No structural changes, alterations, or additions shall be made by the Lessee to the demised premises without the prior written consent of the Lessor, and any such structural change, alteration, or addition to or upon the demised premises made with the aforesaid written consent of the Lessor shall remain for the benefit of and become the property of the Lessor, unless otherwise provided in the written consent. ARTICLE 8. Equipment Lessee shall the right at all times to erect or install shelves, bins, or other trade fixtures in, on, or about the leased premises, provided that Lessee complies with all applicable governmental laws, ordinances,and regulations regarding such fixtures. Lessee shall have the right to remove all trade fixtures installed by it at the termination of this lease, provided that Lessee is not in default under the lease and that the fixtures will be removable without structural damage to the premises. Lessee must repair any damage to the leased premises caused by removal of trade fixtures or equipment, and all such repairs must be completed prior to the termination of the lease. Any trade fixtures or equipment that have not been removed by Lessee at the termination of this lease shall be deemed abandoned by Lessee and shall automatically become the property of Lessor. ARTICLE 9. Lessor's Lien for Rent THE LESSOR shall have the first lien, paramount to all others on every right and interest of the Lessee in and to this Lease on any improvements placed or constructed on the premises, by Lessee, and on any equipment, furniture, accounts, and fixtures of any kind, together with the proceeds thereof, which lien is granted for the purpose of securing the payment of rents, taxes, assessments, charges, liens, penalties and damages herein covenanted to be paid by the Lessee, and for the purpose of securing the performance of all and singular the covenants, conditions and obligations of this Lease to be performed and observed by the Lessee. Such lien shall be in addition to all rights of a Landlord given under the Statutes of the State of Texas, which are now or might hereafter be in effect. Lessor will have all of the rights of a secured party under the Texas Business and Commerce Code. Lessee will execute financing statements to perfect Lessor's security interest, or Lessor may file a copy of this lease as a financing statement. ARTICLE 10. All Taxes Payable by Lessee LESSEE COVENANTS and agrees that Lessee will promptly pay all taxes on the real property which is the subject of this Lease, including the buildings and improvements located thereon, and on the personal property located therein, levied or assessed at any or all times during the term hereby demised, by any and all taxing authorities of competent jurisdiction, together with any interest, penalties or other charges which may accrue thereon; PROVIDED that in the event any of said taxes or assessments are payable according to the terms of their imposition, in installments, then the Lessee shall have the right to pay the same as such installments fall due. THE PARTIES UNDERSTAND AND agree that the Lessee shall pay taxes and other charges as enumerated in this Article, and shall deliver official receipts evidencing such payments unto the Lessor at the place at which rental payments are required to be made. If, however,the Lessee desires to contest the validity of any tax or tax claim, the Lessee may do so without being in default as to its obligations to pay said taxes,provided the Lessee gives the Lessor notice of its intention to do so, provided the Lessee proceeds with due diligence in good faith. If the Lessee does not prevail,then the Lessee shall pay the same within thirty (30) days after learning of an adverse final ruling. ARTICLE 11. Fire and Windstorm Provisions THE LESSOR hereby covenants and agrees with the Lessee that it will,at all times during the term of this Lease and at Lessor's sole expense, so long as all rental payments are timely made, maintain fire, casualty, and windstorm insurance coverage on the property. Said insurance will be purchased and provided by a good and responsible insurance company authorized to do business in the State of Texas against damage by windstorm, fire, flood and extended coverage hazard insurance in an amount equal to replacement cost, with loss payable to Lessor and Lessee as their interests may appear. Premiums for said coverage will be paid from lease payments made by Lessee. A copy of such policy shall be furnished to the Lessee and such policy shall contain a provision that written notice of not less than thirty (30) days shall be given to the Lessee prior to any termination or modification of such policy. All insurance provided by Lessor as required shall be carried in favor of Lessor and Lessee as their respective interests may appear. In the event of damage to or destruction of the improvement(s) by fire or other casualty, Lessor shall have the discretion to utilize the insurance proceeds in the reconstruction of the improvement(s) on the demised premises. Upon written notification that Lessee intends to remain on the property and operate its ongoing business, Lessor will decide and notify Lessee within thirty (30) days of any catastrophic event, destroying greater than fifty (50) percent of the property that is the subject of this lease, as to whether or not the property will be reconstructed. ARTICLE 12. Payment of Insurance Premiums IT IS FURTHER UNDERSTOOD and agreed that the Lessee shall not be liable for the payment of any of the premiums required to be paid for any of the policies of insurance required, in and by this instrument, to be procured by the Lessor, nor shall the Lessee, in any way, be and become liable for the collection or non-collection of any of the proceeds from any of the policies of insurance. ARTICLE 13. Legal Waste LESSEE COVENANTS through the entire term of the Lease at the Lessee's sole cost and expense to keep in good repair and in clean and neat condition, the demised premises and building or buildings and/or furniture and furnishings and suffer no waste. Lessor shall have the right to inspect the premises at reasonable times and upon reasonable notice to Lessee. ARTICLE 14. Assignments, Subleases,Licenses and Liens LESSEE SHALL NOT, without the express prior written consent of Lessor, which shall not be unreasonable withheld, assign, sublet, license, otherwise convey an interest in Lessee's leasehold estate or any part of the premises, or transfer or assign any part of the operations of Lessor's business. The making of a sublease, license or concession shall not release Lessee from or otherwise affect any of Lessee's obligations hereunder, Lessee shall have no power to do any act or to make any contract that may create or be the foundation for any lien upon the demised premises or upon any improvements thereon, except as herein elsewhere specifically provided; and should any such lien be created or filed, Lessee, at its own cost and expense, shall liquidate and discharge the same in full within ten(10) days after the filing thereof and should Lessee fail to discharge same,the same shall constitute a breach of Lessee's covenant herein. ARTICLE 15. Liability Insurance and Indemnity THE LESSEE COVENANTS AND AGREES that it will, at all times, and at its own expense, keep the buildings, improvements and furnishings and equipment, situated on and in the demised premises at any time, and all property which is subject to the Lessor's lien hereunder, during the terms of this Lease, insured with a good and reputable company authorized to do business in the State of Texas, so as to save and keep the Lessor free and harmless from any and all damage and liability occasioned by the use of the said premises; and the Lessee covenants and agrees to provide policies of insurance generally known as comprehensive general public liability insurance insuring Lessee and Lessor against all claims and demands made by any person or persons whatsoever for injuries received in connection with the operation, maintenance, use and condition of the lands or improvements and building or buildings located herein, to the extent of not less than One Million Dollars ($1,000,000.00) in connection with any one particular accident or occurrence. Said policy shall provide for thirty (30) days' prior written notice in event of any cancellation or modification. Lessee shall give immediate written notice of any claims to Lessor. LESSEE FURTHER COVENANTS and agrees at all times to indemnify and save harmless the Lessor and the demised premises from and against any cost, liability, or expense arising out of any claims of any person or persons whatsoever by reason of the use or misuse of the demised premises, parking area, or common facilities by Lessee or any person or persons holding under Lessee, and shall indemnify and save harmless the Lessor from any penalty, damage, or charge incurred or imposed by reason of any violation of law or ordinance by Lessee or any person or persons holding under Lessee, and from any cost, damage, or expense arising out of the death of or injury to any person or persons holding under Lessee. ARTICLE 16. Default IF LESSEE SHALL DEFAULT in the payment or rent or other sums due hereunder, the performance of the agreements, condition, covenants, or terms herein contained, or if Lessee shall close, abandon, or discontinue use and operation of the demised premises without permission of the Lessor in writing, or if a petition or answer for reorganization of the Lessee or the owner of the Lessee's interest shall be approved by any Court or judge thereof, or if Lessee or the then owner of Lessee's interest shall be adjudicated insolvent or bankrupt, or if Lessee or the then owner of the Lessee's interest hereunder shall make an unauthorized general assignment for the benefit of creditors, or shall take any benefit under any insolvency or bankruptcy act, or to have a receiver or trustee or other beneficiary appointed for its property, or if Lessee's leasehold interest shall be taken on execution or other process of law, or if this lease or the estate of the Lessee hereunder shall be transferred or pass to or devolve upon any other person, firm, association or corporation, except in the manner provided hereunder, then and in any of said events, Lessor or those claiming under Lessor, may immediately or any time thereafter, have the right to terminate this Lease and the terms hereby granted, as well as all the rights, title and interest of Lessee hereunder by giving the Lessee ten (10) days' notice in writing, and it is agreed that upon the expiration of the term fixed in such notice, if the said default or other cause of termination specified in such notice shall not have been made good or removed, this Lease and the term hereby granted and created, as well as all other rights,title and interest of Lessee hereunder shall, at the option of the Lessor or those claiming under Lessor, wholly cease and expire in the same manner and with the same force and effect as if the expiration of time in such notice were the end of the term herein originally demised; and Lessor or those claiming under Lessor may immediately or any time thereafter and without further notice of demand, enter into or upon the same premises or any part thereof in the name of the whole and repossess the same as of its first and former estate and expel the Lessee and those claiming under Lessee, and remove Lessee or their effects (forcibly, if necessary) without being taken or deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used, and that upon entry as aforesaid said Lease shall be determined. Any neglect or failure to enforce the right of forfeiture of this Lease or re- entry upon breach of any of the conditions, covenants, terms, and agreements herein contained shall not be deemed a waiver of such right upon any subsequent breach of any such or any other conditions, covenant, term, or agreement herein contained. ARTICLE 17.Development and Use and Maintenance of the PremisesIn Accordance with the Charter of the City of Port Arthur, Texas The demised premises must remain open for business during normal business hours and on normal business days. Termination of Lessee's business is an event of default. It is mutually agreed upon termination of this Lease,all terms and conditions having been met, that the Lessee may remove all equipment and furnishings purchased and installed by Lessee, as hereinabove provided, from the demised premises at Lessee's expense. The Lessee shall deliver the demised premises to the Lessor in as good condition as at the beginning of the term,reasonable wear and tear excepted. ARTICLE 18. Lessor's Right of Inspection Lessor shall have access to the demised premises, and each and every part thereof, during Lessee's regular business hours for the purpose of inspecting the same, making repairs, and posting notices, which Lessor may deem to be for the protection of Lessor or the demised property. ARTICLE 19. Other Remedies for Breach IN THE EVENT of any breach or threatened breach by the Lessee of any of the agreements, covenants, conditions, or terms hereof, Lessor shall have the right of injunction to restrain the same, and the right to invoke any remedy allowed by law or in equity, as if specific remedies, indemnity, or reimbursements were not herein provided for. Furthermore, the rights and remedies given to Lessor in this Lease are distinct, separate and cumulative rights and remedies and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others. ARTICLE 20. Costs in Dispute; Lease Constitutes Whole Agreement; Lease Subject to Restriction Easements and Mineral Rights In case of a dispute between the parties, the prevailing party shall be entitled to reasonable costs, attorney's fees and expenses incurred. Lessee agrees that in taking this Lease, Lessee is governed by Lessee's own inspection of the premises and Lessee's own judgment of the desirability for its purposes and has not been governed by any representation of Lessor, its agents, or employees, as to the condition of the premises of its suitability for the intended use; that no agreements, stipulations, reservations, or conditions whatsoever have been made or entered into in regard to said premises or this Lease which will in any way vary, contradict or impair the validity of this Lease, or of any of its terms and conditions, and that no modification of this Lease shall be binding unless it is in writing and executed and acknowledged in due form for recording by all of the parties hereto. Furthermore, Lessee takes and accepts this Lease and the demised premises subject to all easements and restrictions provided by statute or of record affecting the occupancy and use thereof and subject to all statutes, ordinances, and regulations of competent governmental authority affecting the occupancy and use thereof, the construction and maintenance of improvements thereon and the use and activity to be engaged in by Lessee, in force now and subsequently during the term of this Lease, and subject to the reservation of all mineral rights and interest in the State of Texas and its assigns. Further, Lessee takes and accepts this Lease and the demised premises subject to any rights of servitude in the United States Government, further described in Article 24. ARTICLE 21. Illegal Provision IT IS AGREED by the parties that if any part,term or provision of this Lease is by the Courts held to be illegal or in conflict with any law of the State of Texas, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Lease did not contain the particular part, term or provision held to be invalid. ARTICLE 22. How Notice Is Given IT IS FURTHER AGREED, as a condition of this Lease, that in every case where it shall be necessary to serve a notice on a party concerning this Lease, it shall be sufficient service of said notice or demand or declaration to deliver a copy. LESSOR: City Manager City of Port Arthur 444 4th Street Port Arthur, Texas 77641 LESSEE: Karey Amick B&H Enterprises, Inc. 949 T.B. Ellison Parkway Port Arthur, Texas 77640 ARTICLE 23. Condemnation Clause IT IS FURTHER COVENANTED and agreed that if at any time during the term of this Lease the demised real estate or the improvements or buildings located thereon or any portion thereof be taken or appropriated or condemned by reason of eminent domain or exercise of"Navigational Servitude" then Lessor and Lessee should be free to make claim to the extent provided by law against the taking authority for the amount of any damage done to them,respectively, as a result thereof; and such abatement of rent and other adjustments made as shall be just and equitable under the circumstances. If the Lessor and the Lessee are unable to agree upon what abatement of rent or other adjustments are just and equitable within thirty (30) days after such award has been made, then the matters in dispute shall, by appropriate proceedings,be submitted to a court then having jurisdiction of the subject matter in Jefferson County, Texas for its decision and determination of the matters in dispute. If the premises are wholly taken then the Lease will be canceled. ARTICLE 24. Navigational Servitude. THE DEMISED PREMISES are subject to certain easement rights granted to the United States by the State of Texas, Texas Laws, special 1931, CH. 176. Pleasure Island, including the demised premises, is allegedly subject to the rights of the United States Government of"Navigational Servitude" under the United States Constitution and/or laws of the United States. While Lessor does not anticipate that the Government will undertake to exercise such alleged right of servitude resulting in the taking of any of the demised premises or any buildings, or improvements to be constructed thereon, in the event that the Government does so undertake the exercise of such alleged right of servitude, then the Lessor shall take whatever legal action is available to seek to prohibit the Government from thereby interfering with the Lessee's right to quiet enjoyment of the demised premises or any portion thereof. ARTICLE 25. Return of Premises to the Lessor THE LESSEE COVENANTS, stipulates and agrees that upon the expiration of this Lease, it will, at once peaceably and quietly deliver up to the Lessor, all of the demised premises, in as good a state and condition as reasonable use and wear thereof will have permitted ARTICLE 26. Utilities Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, garbage service,and other similar charges. ARTICLE 27. Miscellaneous Provisions IT IS COVENANTED and agreed that no waiver of a breach of any of the covenants of this Lease contained shall be construed to be a waiver of any succeeding breach of the same covenants. ALL ARREARAGES in the payment of rent shall bear interest from the date when due and payable at the rate of ten percent (10%) per annum, until paid. Lessee will pay, per demand, Lessor's attorney fees, costs,and expenses incurred in enforcing this Lease. ALL COVENANTS, PROMISES, conditions and obligations herein contained, or implied by law, are covenants running with the land and shall be attached to and binding upon the heirs, executors, administrators, successors, legal representatives assigns, sublessees and licensees of each of the parties to this Lease. ALL USES OF PRONOUNS in reference to the Lessors and Lessees respectively, mean such Lessors and Lessees respectively whether the personal or impersonal, singular or plural pronoun is used. LESSOR MAKES NO WARRANTIES, whatsoever, express or implied as to the economic effect or other type of impact upon the leased premises, if any, that may arise due to the leasing by the Pleasure Island Commission of any other of its properties. Lessee, in executing this Lease, warrants that Lessee is not relying upon any statement or representation of Lessor, or of any agent or servant of Lessor, but is relying upon Lessee's own judgment. IN WITNESS WHEREOF, the Lessor and the Lessee have signed and executed this Lease effective this day of , 2018, and said signatures shall be duly acknowledged before a notary public in good standing. LESSOR: City of Port Arthur By: Harvey Robinson, Interim City Manager LESSEE: B & H Enterprises, Inc. By: Karey Amick, Representative ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day, personally appeared Karey Amick known to me to be the person whose name is described in the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of B&H Enterprises, Inc., for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2018. Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day, personally appeared Harvey Robinson, Interim City Manager,known to me to be the person whose name is described in the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the City of Port Arthur, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of , 2018. Notary Public, State of Texax