HomeMy WebLinkAboutPR 14675: JBS PACKING - LEASE AGREEMENTinteroffice
MEMORANDUM
To: Mayor, City Council, and City Attorney 1~4 ~V~` ---
From: Val Tizeno, First Assistant City Attorney" ,
Date: April 18,-2008
Subject: P. R. No. 14675; Council Meeting April 22, 2008
Attached is P. R. No. 14675. This is a resolution extending
the term of the lease agreement with the City of Port Arthur and'
J.B.S. Packing for an additional five (5) years. The current lease
is set to expire on-March 1, 2009. The extension will increase the
term of the lease through March 1, 2014.
Attachment
z.pr146"/S memo.l
` P. R. No. 14675
04/17/08 gt
RESOLUTION N0.
A RESOLUTION AIITHORIZING THE CITY MANAGER TO
EXECIITE .AN AMENDED LEASE AGRESMENT BETWEEN
J.B.S. PACKING, INC., AND THE~CITY OF PORT
ARTHUR FOR IISE OF THE CITY'S COMMERCIAL DOCK
WHEREAS, the City Council approved a lease between the City of
Port Arthur and' J.B.S.. Packing, Inc. by Resolution Nos. 00-68, and
04-051; and
WHEREAS, the lease expires. on March 1, 2009; and
WHEREAS, JBS Packing has continued to make payments of $3,000
per month to the City; and
WHEREAS, the City Council finds it to b2 in the best interests
of the citizens of the City of Port Arthur to extend the existing
lease for a.n additional five (5) years at a rental rate of $3,000.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Manager. is herein authorized to
execute an I~,-nended Lease Agreement between the City of Port
Arthur and J.B.S. Packing; Inc., in substantially the same form
as attached as Exhibit "A", with a lease payment of $3;000 per
month and a term of five (5) additional years (through 2014).
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Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
-READ, ADOPTED AND APPROVED on this day of
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers. ,
NOES:
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPR~O~/VE~D AS TO FORM:
CITY ATTO Y :~ ~ h GC,C~ y
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
z. pr146"15
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THE CITY OF PORT ARTHIIR §
JEFFERSON COIINTY, TEXAS §
THIS. LEASE AGREEMENT is made and entered into this day of
2008, by and between the City of Port Arthur,
Jefferson County, Texas, hereinafter called LESSOR, and J.B.S.
Packing, .Inc., a Texas Corporation, hereinafter called LESSEE;
This agreement serves as an amendment to the agreement signed
by the LESSOR and LESSEE on February 17, 2004.
WITNESSETH:
In consideration of the mutual covenants and agreements of
this lease and other good and valuable consideration, LESSOR by
these presents does lease and demise unto the said LESSEE the
property situated in the City of Port Arthur, Texas, described by
metes and bounds in Exhibit "A-1" attached hereto and generally
described as follows:
BEING A 2.702 ACRE TRACT OUT OF JOSPEH BUTLER SURVEY, ABSTRACT
ATO. 9, PORT ARTHUR, TEXAS, SAID-TRACT BEING SITUATED ALONG THE
SABINE NECHES CANAL .GENERALLY LOCATED BETWEEN THE. SOUTHERLY
EXTEN,SIO_NS OR RAILROAD AVENUE AND DALLAS AVENUE.
This property had been leased by •the City from the Port of
Port Arthur. It is presently owned by the City and per this
agreement is being. leased "as is" to J.B.S. Packing, Inc.
ARTICLE I. TERM
Term of Lease
Section 1.01. Pursuant to City of Port Arthur Resolution No.
04-051, adopted by the City Council on February 17, 2004, the lease
is set to expire on March 1, 2009. The term of the lease is hereby
exr_ended by an additional five (5) years, ending on the 1st day of
March 20.14, unless terminated sooner as provided in this lease.
ARTICLE II. RENT
Section 2..01. LESSEE agrees to pay LESSOR during the primary
term of this lease, a rental of $3,000 per month, payable monthly
in advance to the City of Port Arthur, Accounting Department, P. O.
Box 1089, Port Arthur, Texas 77641-1089. Monthly rent is, due on or
before the 1st day of each month during the_term of this lease,
beginning on the 1s` day of each month through March 1, 2014.
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ARTICLE III. INSURANCE
Section 3.01. As required in Exhibit "B", LESSEE shall
. provide and maintain at its expense the policy or policies of
insurance as required and described in, and insuring against the
r perils and risks and in the minimum limits and coverages and 'with
waiver of subrogation and other provisions specifically set forth
and described in Exhibit "B" attached hereto and naming the City of
Port Arthur as an Additional Named Insured. Provided, however the
lessee shall only be required to have worker's compensation for its
workers that are located or that-are working on the dock..
ARTICLE IV. UTILITY BILLS
Section 4.01. LESSEE agrees to pay all .utility bills,
including any connection ,fees as they may come due.
ARTICLE V. PROPERTY USE
Section 5.OlA. It is understood and agreed .that the LESSEE
shall. (1) use such demised premises only for the purpose of a
lawful business connected with the marine or shrimping industry,
(2) shall not permit any open welding, spray painting, or any other
repair operation which creates or causes any water, air, or noise
pollution., and (3) shall not permit or engage in the retail sale of
any shrimp, fish, or other seafood from the demised premises. '
Should LESSEE fail to use such premises for the above-
described purposes,' this lease shall terminate and LESSOR may
retake the said ,premises as set out in this lease, and LESSEE
further agrees that in that event LESSOR may retain all lease money
paid to LESSOR under the terms of this lease as liquidated damages
for LESSEE'S breach of covenant to use the premises as set out
herein above.
Section 5.O1B. LESSEE shall continue to give a preference
to Port Arthur residents for employment at the premises and pay
prevailing wages.'
Section S.O1C. LESSEE shall retain a minimum of fifty (50)
employees at the facility.
Section 5.O1D. LESSEE sha1T cooperate with the City of 'Port
Arthur in City sponsored events and shall allow full access to the
dock for any and. all guests of the~City for City sponsored events,
docking of other vessels on the entire dock and for promotion of
tourism in. the City. Nevertheless, the City will use its best
efforts to use the City's recreational dock and the City's dolphins
that are immediately east of this property prior to requesting the
use of the entire commercial fishing dock from the lessee. The
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City agrees not to utilize the entire dock more than 12 days per
year. The City can utilize the east 100 feet of the commercial
dock without a time limitation.
Section S.OlE. LESSEE shall be responsible for any and all
damages to the said property either caused by itself or. by other
invitees on said premises, and shall promptly make all repairs
thereto.
ARTICLE VI. ALTERATIONS, MODIFICATIONS OR IMPROVEMENTS
Section 6.01. LESSEE shall not make any alterations,
mod.ifica~.ions, or improvements to the premises without the prior
written consent of LESSOR, which cannot. be compelled, and after
such consent has been given, unless otherwise agreed upon in
writing, all such ,improvements, buildings, modifications, and
additions constructed by LESSEE upon the premises shall become the
property of. LESSOR.
ARTICLE VII. INDEMNIFICATION AND INSIIRANCE RSQIIIREMENTS
__.. _,i
Section 7.0.1. LESSEE hereby specifically"agrees and covenants
that he shall and does by these presents indemnify and hold LESSOR
harmless,. free and clear, from any and all damages or losses of
whatsoever nature, whether property damage or personal injury, that
may occur by reason of ;the negligent activities, conduct, or -
instr~rmentality of the LESSEE, LESSEE'S agents, servants,
emolo'vees, and persons in privity with LESSEE, on or about said
demised premises and from any claims, losses, or damages that the
State of Texas, the Federal Government, the City of Port Arthur,. or
any governmental entity or ,its authorized agent, servant, or
employee might have or make concerning such activities. Further,
LESSEE agrees to furnish to LESSOR annual certificates of insurance
certifying liability coverages as listed in Exhibit "B" attached
hereto:
ARTICLE VIII. TAKING FOR PIIBLIC OR QIIASI-PIIBLIC IISE
Section 8.01. If during the term of this lease, or any
extension or renewal- of this lease, all of the leased premises
should be taken for any- public or quasi-public use under any
governmental law, ordinance, or regulation, or by right of eminent
domain.,. or should same be .sold to the condemning authority under
threat or condemnation, this lease shall terminate, and the rent
.=ha'1 be abated during the unexpired portion of this lease,
effective as of the date of the taking of the leased premises by
the condemning authority.
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' If .less than all of the leased premises is sold to the
condemning authority under. the threat of condemnation, either party
may terminate this lease by giving written notice to the other
party within thirty (30) days after possession of the condemned
portion is taken by the entity exercising the power of
condemna~ior..
If the leased premises are partially condemned and ,neither
party eiects~ to terminate the lease, this lease shall not'` _
terminate, but. rent shall be adjusted equitably during the
unexpired portion of this lease. LESSOR and LESSEE shall share any -
condemnation award on an equitable basis.,-
ARTICLE IX. ASSIGNMENT/SUBLEASE.
Section 9.01. LESSEE .shall not sell, assign, sublease,
transfer, or convey this lease or any part thereof or any right
therein or thereunder, or suffer or permit such assignment,
sublease, transfer, or conveyance to occur by operation of law,
EXCEPT, if at any time during the primary term of this lease LESSOR
shall require the use of any portion of the entire berthing space
being leased to LESSEE hereunder for a public function or event,
inc:Luc.ing, but not limited to, the berthing of visiting vessels to.
LESSOR'S City, such as the Vessel "Elissa", the Vessel "Delta
Queen" .River. Explorer, or the "Christmas Reflections Barge", or
any other public function of which boats, ships,. vessels, and
water--born vessels are a part of said public function or event..
LESSEE-shall be required to allow the LESSOR, all or any portion .of
the east -100 feet of, the .berthing space located on the leased
premises as LESSOR may require-for a public function or event or
the cocking of vessels. If, and in the. event, LESSOR should
reluire the use of berthing space for a public function or event or
the c'i;cking of vessels, LESSOR shall give LESSEE at least five (5)
days advance written notice of its desired use of the berthing
space facilities located on the lease premises, said notice .to also
provide LESSEE with the specific dates that LESSOR desires the use
of the berthing space. The LESSOR shall not be charged for its use
of the east. 100 feet of the dock and the rent will not be prorated.
If the Ciay needs additional dock space beyond the east 100 feet,
the City shall. give 'a credit of $0.25 per day per linear foot of
dock space used by the city, such credit not to exceed $3,000 per
month.
F.RTICLE X. PAYMENT OF TAXES AND ASSESSMENTS
Sec+. ion 10.01. LESSEE shall pay, before they become
delin~xuent; all taxes and assessments whatsoever which may be
payable for, on, and in respect to said premises or any part
thera_nf. during the term of this: lease.
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ARTICLE XI. BINDING EFFECT
Section 11.01. The agreements,'conditions, covenants, and.
to-:.ms herein contained shall in every case apply to, be binding
upon, and inure to the benefit of the respective parties hereto,
their :successors and assigns, with the same force and effect as' if
specifically mentioned in each instance where a party hereto is
named; provided, however, that no assignment or under letting by _ -
Lc,SSEE ir. violation of the provisions of this lease shall vest in _ -.---
any such assignee or under tenant any right or title in or to the
leasehold estate hereby created.
ARTICLE XLI. MAINTENANCE OF PREMISES
Ser_tion 12.01. LESSEE shall not cause or permit any waste,
damage, or injury to the demised premises other than that caused by
reasonable wear and tear. LESSEE, at its sole cost and expense,
snal]_ keen the demised premises as now or hereafter constituted
wi.*.h all improvements made thereto clean and. in as good and safe
condition. as existed on the date hereof, including without
li~nitation, any roadway which provides ingress and egress to any
po_-tion of the demised premises, and LESSEE shall perform all
maintenance and make all repairs and replacements, whether ordinary
or e;_tr3ordinary,• including, but not limited to, repairs,
R:aiatenance, and. replacement to the structure of the improvements
located on the demised premises. LESSOR shall in no event be
relair~_~d to make any repair, alteration, or improvement whatsoever
to the demised premises. On default of LESSEE in making such
r__~air.s o~ replacements or 'performing such maintenance as required
unce-- this Article, LESSOR may, but shall not be required to, make
such repairs and replacements or perform such maintenance for
L'~SSE3`s account,. and .the expense thereof shall be payable by
LESSEi? to LESSOR on demand.
Section 12.02.. LESSEE shall maintain the structural integrity
of the-, ~~_cx:k at LESSEE'S cost.
ARTICLE XIIL. INJIIRY OR DESTRIICTION OF PREMISES
Ser,;ti.on 1.3.01: It is further agreed between LESSOR. and LESSEE
that, if during the term of this lease, the demised premises shall
be in;:ured or destroyed by fire or other casualty not the fault of
LL'SSr~'„ as aforesaid, so as to make it impossible to conduct the
business of LESSEE thereon, or to such an extent that same cannot
be re7~ai_,-ed with reasonable diligence within fifteen (15) days from
the .za.p~eni.ng of such injury or destruction, then LESSOR or LESSEE
may terminate this lease and LESSOR shall retain any insurance
proceeds and this lease shall terminate as of the date of such
i;jury or destruction. LESSEE shall immediately surrender the
de,nised premises and all interest therein to LESSOR, and 'LESSEE
s:~all pay rent only to the time of such surrender;-and in case of
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any such .injury or destruction', LESSOR may reenter and repossess
the demised premises, and may dispossess all parties then in
possession thereof; however, if the demised premises can be
restored v/ithin fifteen (15) days from the happening of the injury
thereto, and LESSOR elects to repair the damage instead of
terminating this lease, then this lease shall not end or terminate
on account of such injury or destruction, and LESSOR shall complete
said repairs and restoration within fifteen (15) days from.the date
of said injury or destruction.' Rent shall not run or accrue after
the injury or destruction and during the process of repairs, up to
t'ne time when the repairs shall be completed, except LESSEE-shall
during such time pay .a pro rata portion of such rent apportioned to
the portion of the demised premises which are in condition for
occupanc•,+ or~use or which may be actually occupied or used during
s~.zch repair period.
.f the injury or destruction of the premises or improvements
is r,aused by or results from the-act or negligence of LESSEE'for
which it would be liable under` the laws of tort or by this
contract, then this lease shall not terminate and LESSEE'S covenant
of rnaintenance, repair and reconstruction shall apply. -
ARTICLE XIV. IITILITIES AND INSPECTIONS
i:;ac'on 14.01. It is fully understood and agreed that LESSOR
e~rzressiy reserves the right and privilege to enter upon said
da?a' s~=r.', premises for the purpose of laying water or sewer or other
nec~,ssary pipes or lines or wiring under, over, or across said
c~::~n.sed- ~;rer,~.ises. LESSEE further agrees that LESSOR may enter into
a: d ns•or. said premises at all reasonable times to examine the
a~nditi~:~n of said premises and the improvements situated thereon.
,ARTICLE XV. PERSONAL PROPERTY
_'~=r<-'_on ].b.07.. LESSOR agrees that LESSEE shall have the right
to j~l.,?ce personal property, including signs, all of which must be
ac<,en*.a:ble. to LESSOR, on the demised premises. It is agreed that
a7_] pe~rso:.a1 _D_ roperty placed.-on the demised premises by LESSEE may
b.= c~'a~nved cy LESSEE at the termination of this lease, provided (i)
Li?E•u,?E sha:Ll sot then,be in default of the performance of any of
its agreements, conditions, covenants, or terms hereof, (ii) the
demised premises shall be left by LESSEE substantially in the same
condition that existed. at the beginning of the term, (iii) no such
proper-ty shal.i be removed by LESSEE if such removal should
perma;:ently injure the demised premises, and (iv) removal of any
suc~.z p~oparty shall be within. fifteen (15) days after the
e*.u-ra'ion.of-said term. All damage caused to the demised premises
by.sach removal shall be repaired by LESSEE at its own cost and
eKpe_~se z;r'._or to the termination of the lease. LESSOR shall have
t:~ie r_~h*_ a~~d privilege to retain and, in the discretion of LESSOR,
r_o rii.sp~~se of any personal .property of LESSEE which remains on or
a~~acled to the demised premises subsequent to the expiration. of
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the 15-day period referred to herein above, and LESSEE hereby
transfers, conveys, and quit claims unto LESSOR and LESSOR'S heirs,
successors and assigns,. all right, title, ownership, and interest
in and :u said property.
ARTICLE XVI. CREATION OF LIEN PROHIBITED
Sec-:ian 16.01. LESSEE shall have no power to do any act or to
make .nor contract that may create or be the foundation for any lien
t:nou the present or other estate of the leasehold and demised
premises, except as herein elsewhere specifically provided; and
should any such lien be created or filed, LESSEE, at its own cost
a.nd expense, shall liquidate and discharge same in full within
thirt_~ '=.i` days next-after the filing thereof, and should LESSEE
Fail t.o discharge same, that shall constitute a breach of LESSEE'S
coven:,_t herein. Provided, however, that if LESSEE shall
dilicentl~,. be contesting by appropriate proceedings the validity or
e``.e^_'.. of such lien, then-while such contest or other proceedings
are pe-nd_ng such. that neither the interest of LESSOR nor LESSEE is
harmed. or otherwise adversely affected, LESSEE shall not be deemed
to be in default so long as LESSEE continues to pay the rentals or
o_?-,er iao_eys coming due and carries out and performs LESSEE'S other
obii•~at_ons under this Lease.
ARTICLE XVII. LESSOR'S LIEN
Sec3~ion 'i7.01. In addition to the statutory LESSOR'S lien,
L'BSSO~._ sail have at `all times a valid security interest to secure
p:~.}rae::~ c' all rentals and other- sums of money becoming due
'~^r:-u;.c!er _..rom LESSEE, and to secure payments of 'any damages or
l.,s> which LESSOR may suffer by reason of the breach by LESSEE of
a~1v ~_rvenan L--, agreement, or condition contained herein, upon all
~~?^.rs wares., equipment, fixtures, furniture, improvements, and
o`her property of LESSEE, presently or which may hereafter be
s.itua`.e« on the premises; and all proceeds therefrom, and such
p~ope_ty =hall not be removed therefrom without the consent of
LES_^,rl^ until all arrearages in rent as well as any and all other
s irn:, ~ 'ropey then due. to LESSOR hereunder shall first have been
p.~z.i a_1c discharged and ~ all the covenants, agreements, and
co::id;-~:;i:~nr=. hereof have been fully complied with and performed by
i,:~'S~3:~;. However, the foregoing shall not prevent the sale by
~'~S•~t; of any merchandise in the ordinary course of business free
ci Said ,_.ecurity interest of LESSOR to the extent authorized by
'i'"xa~ Businese. and Commerce Code.
Jpon ?=he occurrence of an event of default by :LESSEE, LESSOR
may: in addition to any other remedies provided herein „ after
givinc reasonable notice of the intent to take possession and
cr.;vin~ z~n opportunity for a hearing thereon,. enter upon the
prc_m;::es and take possession of any and all goods, wares,
c-~-;.ipnr~nt, fixtures, furniture,. improvements, and other property of
~'?z;=:r;ri- ;situated on the premises, without liability for trespass or
Page 7
ca=;-.'G:-s_O.n, and sell the same at public or private sale,.with or
wit.-Hoot having. such property at the sale, after giving .LESSEE
r~:~ascr,able notice of the time and place of any public sale or of
~:;~<~ me ,,.fier which any private sale is to be made, at which sale
the L'3;SSOr or its assigns may purchase unless otherwise prohibited
by .la~i~.
`~`nlees otherwise provided by law, and without intending to
eccc=~~-ie any other .manner. of giving LESSEE reasonable notice, the
recru-? e;ne~.it of reasonable notice shall be met if such notice is
g_e ~,-. lea-st ten (10) days before the time of sale. The proceeds
_°:-'or:'. s~; :~u~.~h disposition, less any.-and all expenses connected with
r' taking of possession,.holding, and selling of the property
(incJ_r.dinG reasonable attorney's fees and other expenses), shall be
applied as a •credit against the indebtedness secured by the
securi~•,~=Lnterest granted in this Article. Any surplus shall be .,
p-aid to LESSEE or as otherwise 'required by law; and the LESSEE
sha-1 ray any deficiencies forthwith. Upon request by LESSOR,
LE3^~~; agrees to execute and deliver to LESSOR a financing
sca`emen*= ir. form sufficient to perfect the security interest of
~~'~;~::~~~~'_? ~_ tine aforementioned property and proceeds thereof under
-.__ _.r.~:~isicns of the_Texas Business and Commerce Code. The
.=.=,z`_~r.: c-~ -~-er. for rent is not hereby waived, the security interest
n~_e_~,~~r~n*_ed being in addition and supplementary thereto.
ARTICLE XVIII. REPAIRS
Sectior. 18.01. The cost of repairing any damage to roadways,
fi!..ls. '_'ti.- dock or embankments by reason of LESSEE or his (its)
={eia - -upre~~entatives, or servants moving or hauling heavy loads
>- 'r~it: material, or equipment or otherwise shall be promptly
r=,psre:d b~ S„SSEE, and in the event he (it) fails or r efuses to do
,_;~: .us_y k:+- repaired by LESSOR and the cost thereof charged .as
._. :..-~-~=:_or..,ij rental.
ARTICLE RIX. LIABILITY OF LESSOR
~ectir,~:n 7.9.01. It is understood and agreed that. LESSOR herein
_:;:~~__, nc`- be liable ° in any manner for any damage, of whatsoever
rc~+:-:rr :., . ;:..~ LESSEE' s property now upon or to be placed upon said
?:RT]:CLE XX. COMPLIANCE WITH ALL ORDINANCES AND LAWS
eiecr.ion ?0.01. .LESSEE agrees that it will promptly execute,
f affil.. , and comply with all ordinances and regulations of the
sate, county, city, and other governmental agencies pertaining to
said demised premises, for the correction, prevention, and
abatement of .nuisances in or upon or connected with said .demised
preri.i.,.es cturiny the term of this lease, at LESSEE's sole cost and
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ARTICLE XXI. TERMINATION BY FAILIIRE TO PERFORM
Section 21.01. If any of the fixed rent or costs of
main':-ena,:.ee herein reserved to be paid by LESSEE shall not be paid
a.> anJ. tah~n same becomes due and payable, or if LESSEE. shall
uefau:~t ir, the performance of any of the other agreements,
cc~i;li':ion:>, covenants, or terms .herein contained, or if LESSEE
s;::~:~__L abandon the demised premises for a period of thirty (30) days
or rao~e; or if a petition or answer for reorganization of LESSEE,
a:r t.ne oy,*r7er of LESSEE'S interest- br the then owner of the LESSEE'S
inter,~s~. hereunder, shall be adjudicated insolvent or bankrupt, or
i~ LES5E1r'. or the then: owner of LESSEE'. s_ interest hereunder, shall
make a general assignment .for the benefit of creditors,. or shall
take any benefit under any insolvency or bankruptcy act, or have a
recei~~er, Trustee, or other fiduciary appointed for its property,
or if LES,~EE's leasehold interest shall be taken on execution or
or.he~- a:rocess of law, or if this lease, or the estate of LESSEE
i-:e~~~~zr:.de_ , shall be transferred or pass to or .devolve upon any
ori;e ;person, firm, association, or corporation,' except `in the
m~.nnee-.,~rovided hereunder, then and in any of said events, LESSOR,
or ti_cse claims under him, may immediately or at any time
i-s~ere::~e~ i:a~.e the right to terminate and end this lease, and the
term :~e~eby granted, as 'well as all of the right, title, and
iae;:~_•_" cf LESSEE hereunder, by giving .LESSEE ten (10) days'
r.ocice ~ caritinq; and it is agreed that upon the expiration of the
term '-Lx~~ in such notice, if the said non-payment, default, or
o.Li~>r cau;;a of termination specified in such notice shall not have
?_ ~~,_:. rri::•~ good or removed, this lease and the term hereby granted
~' ,::a.t.~d shall, at the option of LESSOR or those claiming under
= a~'o~ly cease and at any time thereafter, and without further
r., r.--icy ct 3emand, LESSOR,.may enter into and upon the demised
pre'-~.~~e~ ar anv part thereof and repossess same. as its first. and
;:~r;ner _-e,ca~e, and expel LESSEE, and those claiming under it, and
removes -.~~ effects without being. taken or deemed guilty of any
m=nne~ Jf trespass, and without prejudice to any remedies which
mig:_c oi.he_-wise be used for arrears of rent or preceding breach of
coven:.x;ii .
ARTICLE XXII. TERMINATION CLAIISE
:3e~~t:ion 22.01. This lease can be terminated at the discretion
n"' e.~~_:~.h~er z~ar'_y with one (1) years notice.
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RETICLE XXIII. NO WAIVER OF SIICCEEDING BREACH
Se,_aion 23.01. No assent, expressed or implied, by LESSOR to
any breac}; of any of LESSEE'S covenants, agreement, conditions, or
terms hereof shall be deemed or taken to be a waiver of any
succeeding breach of-any covenant, agreement, condition, or term
hereof.
>iq;7ed and Agreed to on the
2!103.
day of
LESSOR: '
CITY OF PORT ARTHIIR
BY:
Stephen Fitzgibbons,
City Manager
ATTEST:
Signed and Agreed to on the day of
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J. B. S. PACKING INC.
BY:
Jack Hemmengway,
President
ATTEST:
Page !0
EX~IIBIT "A-1 "
TO TIDE LEASE AGREEMENT
~ ' Ex1llnrr "r;" ,
I
}{EYES hND ROUNDS DESCRIPTION
/- FOR 2.702 hCRF.S OF T.AND
OVT OF Tf1E JO.^,EFII NUTLER SURVEY, hDSTRhCT N0. 9,
PORT ARTHUR, JRFFGRSON COUIITY, TEXAS
noing a tract or Parcel containing 2.702 ar_res of. land, more or -
less, out of the Joseph ^utlor. Survey, AbsCrac t- No. 9, Port Arthur,
,ieffe rson CounCy, Texas, :and being inorc Pa r. titularly described by metes
and hounds as follows:
Cnmmenring at Chc intersce Cl.on of I:hc FlorCh r.t ghC-of-way 11ne nC ACh
SCreet and the West rlgh t;-of-wny line of. llnusl: mt Avmvte_;
'fII F.H CE, 17orl:h Al°3.J'n0'P East a dieCa nee °f inn feet 1;n a point: on the
East right-nf-way .1.1.n c_ 0~. ~1(ou ,ion Avenun;
'f It PIICG, al.onq r.a id Erik 7..l nc, Fouth AR°A7'00" T:a sC a A15l: ante oi. 97]..66
feet l:b a pninC on Chc northwesterly cornn.r of ChaC. ccrtal.n O.Jf,GG acre
LracC of land dr.scrlhed in i:he lease nnl:c rrd info and ef:fectlve khc
70kh day of September, 1.9716, by and heCwcon I:he POR'C OF FORT AR'I'iIUR
~HAVIGA'fION DISTRICT OF .7 PFFERS O71 COUNTY and the CITY'OP PORT AR'PIIUR
sa ld point being ).ocatr_d nn the ouCsldo fare of. Che hurricane
Protection System i.evee wall, said point al.sc being th r_ POINT OP
REG 71 R1INC of the herr_ Sn descri.bed 7..762 acre t;ra c,C;
TIIENCE, North 35° 35'56" East f:or.~a dlsLance of. 70.66 feek, point for
corner;
'1'IIEH CP, Swtth (,G° 7.2' J7" Tusk f.~r.a d!sCance of 115.2A fee C, poinC for
corner;
'i'II f:HCIi, North 29° 75' Rast for a d1.s Canee of 6C0.2A feoL, poinC for
corner;
911PNCE, South A6° A7' F.a st~for. a d:i.sCance bf ]AO feeC, pol.n is for
corner;
TIIENCP•., ;nu th 29° 35' IJest-for a dis Lance of G10.fi5 feel to a point od
I:he Nest right-of-way line of 11ousCon Avenue, po In t: of corner;
'TIIENCE, ]forth AG° A7' West along said right-of-way line for a distance
of 220.5 feet, point: far corner; '
TIIENCE, South A1° 17' West for a disCancc of 160 tee t., Point for
corner; ~ '
TiI C•NCR, South .L° 50' 25" Past f.or a d1.sCznce of 117.59 feet, polnk for
corner; - ,.
R
TIIENCE, South A1° ].J' West for a dls Lance ot: dA feet, point of come r;
TIIENCE, North AO° A7' (Jest for a distance of 00 feet, point for .
corner;
TII F•.N CF., North A1° 17' East for a dis Lanre of. 260 feat to a point on Che
Yle st r19ht-of-way line of ]loos Lan Avenue, poin h. for corner; ~~
TIIENCE, HortheasCerly for a dlslancoof. l.nl fret, morn or less C'o the
POINT OF DEGINNING' of the herein described tract, sa ld point being
located on the East right-of-way line of ltousl:on Avenue. A drawing of
the heretofore described tract is attached-hereto and made a part here
of, marked Exhibit "R":
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EXHlstt "A„
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l' CITY OF PORT .ARTHUR
; ENRINEERINU bIV1910N
r ~ _
l WHAt?F L~AS~ Ft~OM POFi7 OF
In l~ rO1~TAFiT1Al~i
actleceCo~r. M: ~ ar•rrtoveo, o.w.
nnrc' ~-lo-~o naa.'
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11
' sxrrrn.rr rm
IIL",UI2AFICF, RF.QII7RB(iF.rf'I:S F'OR f,l~:.".F.fi
Lnsser: rha1.1 bn respnns lhJ.n Lnr prowlding and me Ld:a {nl.ng aL Lt:;
e>:pmrrn a poll r.:y nr policJ.es of l.nsurancc vrlCCett by an lnsurnr
l.lcenserl to cnndnr_f: huslness in Lhc Cha l:c of 'I'nxxs, and naming l.r_s snr
ns xn xddJ Cl.ona 7. Insured (and, i.n I:hecese oC uorkcr.~s compcnsatlmr~
Ltsurnnce, contalutng a'wa.(ver of suhrngaClon), vhich shall Insure
aga.i.nsl' thn pcrl.Is and risks of bodily injury, death andprnpcrty
daiaagcs, and l.t] thr fnl.loul.n7 mi.n l.lnilni ll.mits, I:o Lnclude:
1. TCandard liorltnr's Cnmprusatinn Insnranrc.
~- - Commernl.al Cenare]. Linh1. ].ll:y ~occnrrencs typo
_ Insurance (^%CU end pcodticls/cnmple CSd nperatlous
covnrage mosC be Included, and Lessor, fl;s offlcern,
agrn Cs, and empl:oynes tmtsC 6e named ae an additional.
i.nsurn_d).
- a. and i.ly 7njury $]., ono, n00 sinrf.le ].imiC pc-t occurence
or $].,000,000 each person/51.,000,000 Por occurence;
and,
b. Properly Damage y1,000, Ono nor nccnrrencc; anrl,
c. Hl.nimnm aggregxCe pnJ. icy year 1.im.l. (: of $7, 00«, Onn.
1.. Comet: ehellslvn Au Cr.;nnbll.c ].labilil:y (nursed and non-owned
yellLcJ.es) , '
a. ]lodily Injury $].,000,000 slnrJlc ].. i.mit per occurence,
nr $1,000,000 each persnn~`.1., OOO,f,OO per occurence;
and,
b. Prnpet: I:y Oamzge ~;1, non, o0n he:.- nc rnrrence.
Conl:racl=«xl I,(abil.Llsy J]tsnvence coverl.nq Che indemnity
provision of this hr_ar.c l.n the samo amount and-coverago
as provided for Cnmmerc lal General'I,Labi.7_ily PoLlcy,
spec{fJ ca.lly referrl ng I:n this i,nase. _
Lessor shall be flirnished wl th an nt:lryiual of sal.d poi ides, and
same shal]. conlz 1. r. an e'ndorsemen6 sped. f.yLtq I:haC the Sns«ror shall not
cancel sa Sd poi lcies v.l.Choul: giving Lnssor atleasC leh (ln) dayr.'
vrl_I:C~n noCl:ce of cancOllation.
Lessee may, but 1s not required I:n, ptnchase and mainl:al:n in
of fnr.l: during Che term of. this Lease a pnl.l cy pr pnl Lates of instiraltce
in I:he SCa to of 'Texas, prnvl.ding l.nsnrTncn covcraga against damage Cn
all bt111d1ngs and improvements Co be cone Crur,te71 on Che demised
preen (se-s, which pnl.iry oi: pol.lcles r:ha1]. be in an amount equal and '
su Cf.icient, sub}act I:o xpprovzl. byLOSSnr, Cn cover I:hn l.nsutabla valve
of such hu.tld.[ngs and t.mprovementn. Lessee agrees that it additional
:LmprovemonCs are marl r- dur.Lng Che:Ccrm nC I:hc ],earn, additional
J.nsurnnce coverage may be obtained in nn amount equal xnd suf f.lclemt to
cover. Che Snatrable value oC such addition and~l.mprnvements. The cosh
nr premiums foe z7.1 such poil.cl.es of Lts«trance~sha].1 he paid hyLessen
Tod shall hear I:he jaLnC names of I,nssmr and i.essne and dupl,lcatn
ola gLtal. poi ici~es sha.l.L~bc del.~veredl:n Lessor. 'l•ho proceeds from ruck
pnl ides shall. be used, 1. f. payable., 1n arcnrrlxncr. uil:h Ins Cerms
reLa Cing thereto as herein provided. >, 1: such time as any pol.l.cy
provided under th lssectien'shzll expire or CermLta te, renewal or
addl.tl.onal pollcl.es shall be procured and mxlir6a Lted by ]asses .ln J.1 kr;
manne}- and Cn like exCent.
CP14/7NSIIRAN
EXHIBIT "A"
to the Agreement