HomeMy WebLinkAboutPR 18686: LEASE AND SALE, JERRY OLTERMARI AND CARL PARKER DBA CAJUN BABINS LTD ON PLEASURE ISLAND AND MONICA MOMIN P. R. No. 18686
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RESOLUTION NO.
A RESOLUTION GRANTING CONSENT TO THE ASSIGNMENT OF LEASE
AND SALE BETWEEN JERRY OLTREMARI AND CARL PARKER, D/B/A
CAJUN CABINS, LTD. , ON PLEASURE ISLAND, AND MONICA MOMIN
WHEREAS, on October 21, 2014, the City of Port Arthur
received a letter from Carl A. Parker requesting consent of
Assignment and Sale by and between Jerry Oltremari and Carl Parker,
d/b/a Cajun Cabins, Ltd. , and Monica Momin, a copy of which letter
and lease dated February 20, 1992, are attached hereto as Exhibit
"A"; and
WHEREAS, it is in the best interest of the citizens of Port
Arthur to grant consent to the Assignment and Sale, including all
renewals thereafter, in substantially the same form as attached
hereto as Exhibit "B" .
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 request of Jerry Oltremari and Carl
Parker, d/b/a Cajun Cabins, Ltd. , for consent to the Assignment and
Sale, in substantially the same form as attached hereto as Exhibit
"B", is herein approved.
s.pr18686
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. , 2014, at a Meeting of the City Council of the City of Port
Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers :
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY • 0' 0EY
APPROVED FOR ADMINISTRATION:
JOHN A. COMEAUX, P. E.
INTERIM CITY MANAGER
s.pr18686
EXHIBIT "A"
s.pr18686
CARL A.PARKER THE
DONALD W,DICKSON II
ALLEN PARKER The Littlefield Quilling
1 Plaza,Te as 776 PARICER 1 OA s0 Sixth s Street,7 Suite 5 900
Pon Arthur,Texas 77642-5513 Austin,Texas 787,J1-36t�5
"Telephone:(409)985-8814 Te1.15)2)554-5744
tvlid-County:(409)729-51 11 AA Fax(513)322-3952
Facsimile:(409)085.2833 Email dii:kstat(tu .ts3ti1:3Qe nn
www,U�eI9Arkcrlawtin n
LAW• A, IRM
October 21,2014
VIA FAX(409)983-8124
Ms. Val Tizeno, City Attorney
City of Port Arthur
Dear Val:
Please have the city approve assignment of the leases on Jep's Island Emporium and Cajun
Cabins Limited to Monica Momin.
Also, as we discussed,please amend the lease on Jep's to a five year lease on the date you
approve with a 5 year option for renewal.
Sincerely,
THE PARKER LAW FIRM
ar A. er
CAP/ps
•
Zoo/Zoo d 'o xed Wd 90:0O dllz AIOZ/IZ/100
EXHIBIT "B"
s.pr18686
r
CARL A.PARKER. J Do6AL.;,r ,DKk.;33N
ALLEN PARKER The Littlefield Building
I P11322 Square j � 106 East Sixth Suret,Salle 900
Port 0
'ort Art3t ',Testis 77642-5513
a actin,'Th:xas 78701-3W
l' Tel.(312)554-5744
1e;3l;i�ne:(409)935-38=�: � '22-3452
Mid-Courtly:(40907'7-8111 Fax 1:13)3
-5111 t 1 i a3ail ; 'i 322-3952
Facsimile: uui
Facsiinile:(409)935.2533
W'ww,11epacl;,,riaw170n.com
LAW FIRM
October 21,2014
VIA FAX(409)983-8124
Ms.Val Tizeno, City Attorney
City of Port Arthur
Dear Val:
Please have the city approve assignment of the leases on Jep's Island Emporium and Cajun
Cabins Limited to Monica Momin.
Also, as we discussed,please amend the lease on Jep's to a five year lease on the date you
approve with a 5 year option for renewal.
Sincerely,
THE PARKER LAW FIRM
ar A. er
CAP/ps
ZOO/Z00 .d °N XVd Ihid 9090 dllOi @Z/IZ/100
EXHIBIT „B„
s.pr18686
ASSIGNMENT AND SALE
COME NOW Jerry Oltremari and Carl Parker, d/b/a Cajun Cabins,Ltd. and hereby
bargain, sell and convey for the sum of Ten and NO/100 Dollars ($10.00) and other good and
sufficient consideration to Monica Momin all of the right,title and interest in that leasehold
interest known as Cajun Cabins, Ltd. on Pleasure Island, Port Arthur,Texas.
Sellers, Jerry Oltremari and Carl Parker, agree to assign all right title and interest to that
certain lease,the original date of which is February 20, 1992, with all renewals thereafter.
(Attached as Exhibit"A").
Buyer, Monica Momin, agrees to accept full responsibility for all requirements of the
aforementioned lease, including taxes, insurance and all other matters required by the lease
between the leaseholder and the City of Port Arthur.
Done this day of
Infer
'Y O THE SARI
(ii(id,L �
CARL PARKER
,
MQNICA MOM1t1
APPROVED:
CITY OF PORT ARTHUR ; �
;�•• '`'�°-: PATRICIA STANSBURY
MY COMMISSION EXPIRES
,:�•,p h� September b,217
SWORN TO AND SUBSCRIBED before me on this "- ,,day of N
2014 by Jerry Oltremari.
Notary Public, State of Texas )1S-
SWORN TO AND SUBSCRIBED before me on this 4-Ai—clay of i ,1
2014, by Carl Parker.
/
.,„-,
1 . t ,
Notary Public, State of Texas
-----
''71:*., PATRICIA STANSBURY
el* *1 MY COMMISSION EXPIRES
September 5,2017
‘
SWORN TO AND SUBSCRIBED beforeNme on this L-4-44..„ day of,11 ,
2014, by Monica Momin.
Vf.O.A.At.A-0,-,
Nott-y Public, State of Texas ILId.")\Oz
AIN\ PATRICIA STANSBURY
f :***ri MY COMMISSION EXPIRES
V .:''' September 5,2017
d'
SWORN TO AND SUBSCRIBED before me on this day of ,
2014, by for the City of Port Arthur.
Notary Public, State of Texas
9208 94
} 0 # 13 1t75
THE STATE OF TEXAS A
COUNTY OF JEFFERSON
L E A S E
THIS LEASE, made and entered into at Port Arthur, Jefferson
County, Texas, this / day of / , 1992 , by and between
the City of Port Arthur, hereinafter referred to as the
"Lessor, " acting hereby and through the duly authorized
Pleasure Island Commission, pursuant to Article I , Section 1,
of the Charter of the City of Port Arthur, and CAJUN CABINS
LIMITED, a Texas Limited Partnership,
hereafter referred to as the "Lessee, " which terms of Lessor
and Lessee are used in a general sense and shall include the
successors, assigns, sublesses or licensees of the respective
parties.
W I T N E S S E T H :
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 and improvements
thereon situated on Pleasure Island in Port Arthur, Texas
to-wit:
Described property attached.
EXHIBIT
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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 TWENTY-FIVE (25)
YEARS for the plan and purposes generally outlined hereinafter.
ARTICLE I
Term of Lease
THIS LEASE shall begin on the day of execution hereof and
continue for TWENTY-FIVE (25) YEARS hereafter unless sooner
terminated as herein provided, or extended as herein provided.
ARTICLE II
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 the 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 XXIV.
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The premises are demised by metes and bounds and Lessor
does not warrant, guarantee or covenant as to acreage or any
minimum area leased.
ARTICLE III
Stamps
Should any Documentary Stamps be required to be affixed to
this Lease under the laws of the State of Texas, such stamps
shall be at the expense of the Lessee.
ARTICLE IV
Rental
The Lessee hereby covenants with the Lessor that it will
pay rental in monthly installments in the amount of Two
Hundred Dollars ($200) plus three percent (3%) of gross
revenues from the previous month.
All rents shall be payable monthly on the first of each
month at the Pleasure Island Development 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
rent, or the acceptance by the Lessor of any money other than
of the kind herein specified, 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.
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The rental to be paid by Lessee for any extended term of
this Lease in the event Lessee shall exercise its option to
renew this Lease, shall be determined as follows:
(a) Rental adjustment on exercise of option to
renew. In the event that Lessee shall exercise its
option to renew this Lease, as provided in Article
XXVI , Lessor may require an adjustment in the amount
of rental for the renewal term commencing January 2 ,
2016 , by giving written notice to the Lessee at least
twelve ( 12) months prior to the commencement of the
renewal term, which notice shall include supporting
appraisal (s) .
(b) Arbitration in event of dispute. In the
event that Lessor shall require a rental adjustment
under Article IV(a) hereof, Lessor and Lessee may
agree in writing on the amount of the rental for the
renewal period at any time within ninety (90) days
after said notice is given by Lessor. If such
agreement is not reached and signed by both parties
within the said ninety (90) days, then the rental for
the period in question shall be determined by
competent and disinterested appraisers, one of whom
shall be selected and paid for by Lessor and the other
of whom shall be selected and paid by Lessee. The two
appraisers so selected shall select a third appraiser,
the expense to be borne equally by Lessor and Lessee,
and the three appraisers so selected shall determine
the rental to be paid by Lessee during the ensuing
period. In the event that either Lessor or Lessee
shall fail to appoint an appraiser within ten ( 10)
days after the expiration of such ninety (90) days, or
in the event the first two appraisers shall fail to
select a third appraiser within fifteen (15) days
after expiration of such ninety (90) days, then the
appraiser or appraisers in question shall be appointed
by a District Judge of Jefferson County on the request
of either party. Filing such request, the appraisal
shall proceed with the appraiser or appraisers
previously selected.
(c) Task of Appraisers. The appraisers, when
selected, shall determine the fair rental value of the
land herein demised (without building, fixtures and
improvements) for the uses defined in Article II . The
appraisal shall be in writing, copies thereof shall be
given to Lessor and Lessee yrior to the commencement
of the final year of the primary term, and the
appraisers ' findings of the rental for the renewal
period shall be therein determined, which rental in no
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event shall be less than the rental then being paid by
Lessee under the primary term. Such findings of the
rental therein determined shall be the rental for the
renewal period. Subject to the foregoing limitation
that the rental for the renewal term shall in no event
be less than the rental for the primary term, in the
event the appraisers cannot agree on such findings,
the rental for the renewal term shall be the average
of the findings of the appraisers . Lessee shall
thereafter have ten (10) days to give written notice
to Lessor of its intent to accept the decision of the
appraisers and thereby renew this Lease. If Lessee
does not so notify Lessor, then this Lease shall
terminate at the end of the primary term.
In the event of damage or 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 V
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 building, buildings, or improvements placed or
constructed on the premises, by the Lessee , and on any fixtures
of any kind, or the equity of the Lessee therein, which lien is
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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 convenants,
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. Provided,
however, that the Lessor ' s lien provided by this Article shall
not be paramount and superior to such lien as Lessee may place
upon furnishings, fixtures and equipment to secure the purchase
thereof .
ARTICLE VI
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 or personal property or buildings and improvements
located thereon, 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
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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 hereunder 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
Lessee shall pay the same within thirty (30) days after
learning of an adverse final ruling.
ARTICLE VII
Fire and Windstorm Provisions
The Lessee hereby covenants and agrees with the Lessor that
it will, at all times during the term of this Lease and at
Lessee' s sole expense, keep any and all buildings and/or
improvements including all alterations, additions and
improvements that may be built or placed upon said premises and
any personal property which may be subject to the Lessor' s lien
insured with 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 not less than their full insurable
value, with loss payable to Lessor and Lessee as their
interests may appear . Copy of such policy shall be furnished
to the Pleasure Island Commission and such policy shall contain
a provision that written notice of not less than thirty (30)
days shall be given to the Pleasure Island Commission prior to
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any termination or modification of such policy. All insurance
provided by Lessee 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, Lessee shall utilize
the insurance proceeds in the reconstruction of the
improvement(s) on the demised premises. Such reconstruction
shall be commenced within six (6) months of such damage or
destruction and completed without undue delay, except for
delays due to strike, casualty, natural disaster or weather of
unusual severity and of which written notice shall be given to
the Pleasure Island Commission within five (5) days thereafter
and subject to the reasonable approval of the Pleasure Island
Commission. Provided, however, where the loss exceeds fifty
percent (50%) of the total value of all improvements on the
demised premises, Lessee may, within ninety (90) days of such
casualty, elect not to repair or reconstruct the improvement (s)
and thereupon terminate the Lease. In such event, Lessee shall
clean and restore the premises to a condition at least equal to
that existing prior to such improvement (s) , and insurance
proceeds shall be applied to any outstanding mortgage
indebtedness and the remainder, if any, of such insurance
proceeds shall be paid to Lessor. Provided further, and not
withstanding the aforesaid provisions of this Article, Lessee
must clear and remove all debris and rubbish resulting from
fire or natural disaster within thirty (30) days of such damage
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or destruction, unless otherwise authorized in writing by the
Commission.
ARTICLE VIII
Mortgagee' s Interest in Insurance Proceeds
THE PARTIES LIKEWISE COVENANT AND AGREE THAT IN THE EVENT
any mortgage has been placed against the demised premises, the
Lessee shall be permitted to attach the necessary mortgage and
loss payable clauses, making loss payable under such insurance
policies payable to the holder of such mortgage, as well as to
the Lessor and the Lessee, as their interest may appear.
ARTICLE IX
Payment of Insurance Premiums
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE LESSOR 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 Lessee, nor shall
the Lessor, in any way, be and become liable for the collection
or noncollection of any of the proceeds from any of the
policies of insurance.
IT IS FURTHER COVENANTED AND AGREED THAT IN CASE, at any
time, during the continuance of this indenture, the Lessee
shall fail, refuse or neglect, after being given thirty (30)
days notice, to procure or to keep and maintain said insurance
in full force and effect, the Lessor, at its option (and
without such act constituting a waiver of the default by the
Lessee thus occurring) may procure or renew such insurance and
thereupon, the amount or amounts of money paid as the premium
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or premiums thereon, plus interest at the rate of ten percent
(10%) per annum shall be collectible as though it were rent
then matured hereunder and shall be due and payable within
thirty (30) days written demand for reimbursement therefor
shall have been made by the Lessor upon the Lessee and the
Lessee' s failure to effect such reimbursement within such time
thereafter, shall constitute a default herein.
ARTICLE X
Premises to be Used for Legal Purposes Only
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.
ARTICLE XI
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. Neither Lessor nor Lessee shall be required to install
or maintain bulkheading or other measures to prevent erosion
along the ship channel . (Lessor assumes no responsibility for
such erosion, but may in its sole discretion, and without
waiver of its rights hereunder, or the assumption of any
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obligation thereby, undertake bank stabilization measures along
the channel frontage. )
ARTICLE XII
Assignments, Subleases, Licenses and Liens
LESSEE SHALL NOT, without prior written notice to Lessor,
assign, sublet, license, or otherwise convey an interest in
Lessee's leasehold estate or any part of the premises. The
making of the 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.
(a) Lessor shall be notified in writing of the proposed
assignment, sublease or license including the name and address
of the proposed assignee, sublessee or licensee, which shall be
sent by certified or registered mail; further, said notice must
be received by the Lessor at least thirty (30) days prior to
the proposed execution of any assignment, sublease or license
as contemplated herein.
(b) At the time of the proposed assignment, sublease or
license, the Lease must be in good standing and shall not be in
default. Provided, however, the notice to Lessor to a proposed
assignment, sublease or license, shall in no wise waive or stop
Lessor from asserting any breach or default of the Lease not
known to the Lessor at the time of said notice.
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(c) The executed assignment, sublease or license, together
with notice to Lessor, shall be filed of record in the public
records of Jefferson County, Texas and an executed copy thereof
shall be delivered to lessor within ten ( 10) days from the
recording of the original thereof .
(d) The assignee, sublessee, or Licensee shall take
possession of the property and shall agree to be bound by all
of the terms and conditions of this Lease.
ARTICLE XIII
Mortgages
FOR THE PURPOSES OF ENABLING THE LESSEE TO CONSTRUCT or
purchase and place a building or buildings, improvements,
furnishings, fixtures, and equipment upon the demised premises
the Lessee may upon prior notice in writing to the Lessor,
mortgage respectively such buildings, furnishings, fixtures,
and equipment. Such mortgage and mortgages shall be made only
to a bank, trust company, life insurance company, federal
savings and loan association, or other lender of an
institutional nature and shall be conditioned upon the
following:
(a) That said mortgage and note secured thereby shall set
forth the fact that the execution thereof shall not render
Lessor responsible for the payment of the debts evidenced
thereby; but Lessor will state affirmatively in writing upon
request of Lessee that Lessee has the right to enter into the
mortgage financing to the extent provided by this Lease.
(b) That the total cost of securing said financing and all
expenses incurred thereby shall be borne by the Lessee.
(c) That the proceeds of any mortgage shall be disbursed
through an institutional lender in a manner to insure
completion of said improvements and the payment of all bills
incurred in connection therewith.
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(d) The obligation to pay any mortgage and of keeping it in
good standing is the duty of the Lessee and the Lessee
covenants and agrees that Lessee will keep said mortgage or
mortgages in good standing and will not suffer or permit the
said mortgage to be in default. Application paper shall
contain the statement that Lessor shall never be rendered
liable for the payment of the debts proposed to be secured by
the mortgage. If the Lessee should default and is undertaking
to keep the mortgage or mortgages in good standing in the
manner herein set forth, then the Lessor may, at its option,
make such payments as are necessary to restore the mortgage or
mortgages in good standing and all payments thus made by Lessor
shall bear interest at the rate of ten percent (10%) per annum,
but in no event less than the interest on the mortgage, from
the date upon which they were made and shall be considered as
so much additional rent as may be collected in the same manner
as rent could be collected; but the election of Lessor to make
such payment and to collect them as rent shall not be deemed to
cure the default thus committed by Lessee and said sum so
advanced shall be deemed thus due and payable unto Lessor by
Lessee immediately as though they were installments of rent
then currently maturing; but nothing herein contained shall be
construed as preventing Lessor from treating Lessee's failure
to keep the said mortgage or mortgages in good standing as a
default in the Lease, enforceable according to the terms
hereof . Providing, further, that any such mortgage shall state
that in the event of foreclosure by the lender (or delivery of
possession in lieu thereof) whomever shall take possession of
the property is subject to the provisions and obligations of
this Lease.
ARTICLE XIV
Liability Insurance and Indemnity_
THE LESSEE COVENANTS AND AGREES THAT IT WILL, AT ALL TIMES,
and at its own expense, keep the buildings and improvements
situated on 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
Lessee shall further indemnify and keep harmless the Lessor
from and against any and all liability, claim, loss, suit,
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cost, damage and expense or whatsoever kind and character
arising out of and in connection with the operation, use,
occupancy or condition of 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 or condition of
the lands or improvements and building or buildings located
therein, to the extent of not less than Three Hundred Thousand
Dollars ($300, 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.
ARTICLE XV
Default
If Lessee shall default in the performance of the
agreements, conditions, covenants, or terms herein contained,
or if Lessee shall close, abandon, or discontinue use and
operation of the demised premises for a period of thirty (30)
consecutive days or more without permission of the Commission
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
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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 have a
receiver or trustee or other beneficiary appointed or 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 develop 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 to Lessee hereunder by
giving the Lessee and known mortgagees ten ( 10) days ' notice in
writing or such other notice as shall be required by any
Collateral Assignment given by the mortgagor as per the
provisions of Article XIII; 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.
15
I4 13 49U
ARTICLE XVI
Development and Use and Maintenance of
the Premises in Accordance with the Charter of the
City of Port Arthur, Texas, Article I , Section 10 (b)
The demised premises shall be used for the construction,
operation and maintenance of twenty (20) rental duplex units,
one (1) office, washateria unit, parking lot, commons area, and
landscaping. With prior written approval of the Pleasure
Island Commission, Lessee may add to or discontinue one or more
of the above items provided that the primary purpose in terms
of services rendered, and area of premises utilized, the
business maintained is the offering of rental units and related
services and sales. Plans and specifications for all
improvements to be constructed upon the demised premises by
Lessee shall be first submitted to the Pleasure Island
Commission before the erection and construction of any such
improvements. Such improvements shall each be of a design in
keeping with the area and shall meet and/or comply with all
city, county and state laws and requirements. All such
buildings and improvements constructed by Lessee shall be and
remain Lessee ' s property, subject nevertheless to the terms,
conditions and covenants of this Lease, until expiration or
termination of this Lease, where upon Lessor shall become the
owner of any such buildings and improvements together with all
furnishings, fixtures and equipment permanently affixed
thereto.
16
104 13 1491
(a) Within twenty four (24) months after the date of
this lease, Lessee shall , at its expense, have
developed the demised premises for the aforesaid
purposes.
(b) No trucks, trailers and other vehicles, the
operation of which requires a Class A, B or C
Commercial Driver' s License as provided by the
Texas Commercial Driver's License Law, shall be
parked or stored on the demised premises without
the consent of the Pleasure Island Commission;
with the exception of buses and recreational
vehicles.
(c) It is mutually agreed that upon the termination
of this lease all terms and conditions of this
Lease having been met, Lessee may remove all of
Lessee' s equipment, machinery, and merchandise
from the demised premises at Lessee' s own expense
and shall deliver up the demised premises in good
condition.
ARTICLE XVII
Removal of Buildings
IT IS FURTHER COVENANTED AND AGREED BY AND BETWEEN THE
PARTIES HERETO, that, notwithstanding any other provision of
this Lease Agreement, Lessee may remove all buildings on leased
premises at any time during the first five years of this Lease
Agreement upon payment of $12 , 000 to Lessor.
ARTICLE XVIII
Remedies for Breach
In the event of any breach or threatened breach of 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
17
104 13 1492
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 XIX
Cost 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 cost, 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
18
104 13 1493
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 XXIV.
ARTICLE XX
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 XXI
How Notice is Given
IT IS FURTHER AGREED, AS A CONDITION ON 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 thereof
by hand or mail a copy thereof by certified or registered mail
to:
19
h 13 ; 49s
Lessor: Executive Director
Pleasure Island Commission
P.O. Box 1089
Port Arthur, TX 77640
Lessee:
ARTICLE XXII
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 be wholly taken then
the Lease shall be canceled. Although the title to the
20
it 13 1495
buildings and improvements placed by Lessee upon the demised
premises will pass to the Lessor, nevertheless, for the purpose
of condemnation, the fact that the Lessee placed such building
on the demised premises shall be taken into account and the
deprivation of the Lessee of the use of such building shall pro
tanto be an item of damage in determining the award to which
Lessee may be entitled by law from the taking authority. In
general, it is the intent of this paragraph that upon
condemnation, the parties thereto shall be entitled to recover
from the taking authority, such award as may be provided by
law, to the extent that their interests, respectively, are
depreciated, damaged or destroyed by the exercise of the rights
of eminent domain, provided, however, it is understood and
agreed that the taxing of a portion of the demised property for
public street and/or sidewalk purposes, exclusive of any
portion of building, shall not warrant any abatement or entitle
the Lessee to any abatement of annual rental hereunder, except
as computed against the annual rent on a square foot basis.
ARTICLE XXIII
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
21
104 13 ' 4 6
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 . However, Lessee
acknowledges that the Corps of Engineers and the City of Port
Arthur have established an unofficial building line along the
present ship channel as a reference point for future channel
expansion so as to discourage construction within the area
between the building line and said ship channel and Lessee
recognizes that improvements made within this area are subject
to removal in the event the channel is widened up to the
building line.
ARTICLE XXIV
Return of Premises to the Lessors
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,
including the buildings and improvements situated thereon, in
as good a state and condition as reasonable use and wear
thereof will have permitted, and that all buildings and
improvements, then situated upon the described premises will
belong to the Lessor, and that no compensation shall be allowed
or paid to the Lessee therefor. However, at the option of
22
104 13 4 4 97
Lessor, the Lessee will remove the buildings and improvements
if requested to do so by Lessor.
ARTICLE XV
Utilities
The Lessor agrees that sewer and water facilities will be
brought to the borders of the demised premises at Lessor' s
expense. There shall be no special assessment for taps or
hookups other than the ordinary charge which is based on the
costs of the meter and the cost of the labor for installing the
same, i. e. , there shall be no assessment against the Lessee for
the cost of bringing the utilities to the edge of the demised
premises. Lessee shall be responsible, however, to arrange for
and to pay for the cost of all utility services, including
without limitation water, sewer, electricity, gas and telephone
service. Lessor agrees to provide for adequate drainage of the
demised premises.
ARTICLE XXVI
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 covenant.
TIME IS OF THE ESSENCE.
ALL ARREARAGE 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.
ALL COVENANTS, PROMISES, CONDITIONS AND OBLIGATIONS herein
contained, or implied by law, are covenants running with the
23
1O4 1 3 ! 498
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 in used.
LESSOR MARES 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.
ARTICLE XXVII
Erosion
If, by reason of erosion, the leased premises become
unsuitable, Lessor shall, as soon as practicable, provide
alternative property on an alternative 2 acre tract of land to
Lessee mutually agreed upon which is suitable for the same
commercial activity and under the same terms as provided
herein.
ARTICLE XXVIII
Option to Renew
LESSOR grants to Lessee, subject to the conditions set
24
104 13 ! 499
forth below, the right and option to renew this Lease for a period
of ten ( 10) years , commencing on January 2 , 2016 and terminating on
January 2 , 2026 at a rental determined as provided in Article IV
herein, and otherwise subject to all of the terms and conditions
herein contained except that there shall be no further option to
renew this Lease. This option must be exercised by giving to
Lessor, not less than one ( 1) year prior to the end of the primary
term, a written notice of Lessee' s intent to exercise the option.
But Lessee shall in no event be entitled to renew the term hereof,
even though such notice be timely given, unless Lessee shall have
timely performed all of its obligations hereunder, and shall not be
in default in the performance of any thereof , on the date of the
expiration of the initial term hereof .
IN WITNESS WHEREOF, the Lessor herein has hereunto affixed its
hand and seal, and the Lessee herein has caused these presents to
be signed and executed in its name by its General Partners, at
Jefferson County, Texas , this &(), day of -.e 4 ,
1992 , A.D. , and said signatures shall be duly acknowledged before
a notary public in good standing.
LESSOR
PLEASURE ISLAND COMMISSION
By_____Zr:/... ;.- Aire
Terry ;r; le
Chairman
25
1O4 13 ' 500
LESSEE
CA4 ABINS LIMITED
By
Jerr D, 0 tremari
General Partner
By ltka,\PC,(1\JVZiN
Carl A. Parker
General Partner
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me this (Q day of
- 9?Pn4 4r)-, 1992 , by TERRY DOYLE, Chairman of the PLEASURE ISLAND
' a body politic and corporate, on behalf of said
)
o ary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me this /7k- day of
February, 1992 , by JERRY D. OLTREMARI and CARL A. PARKER, General
Partners, on behalf of CAJUN CABINS LIMITED, a Texas Limited
Partnership.
Notary Public, S .te of Te.a
PATRICIA STANSBURY RICIASTANSBU
NOTARY PUBLIC,STATE OF TEXAS
!,N fj, MY COMMISSION EXPIRES
SEPT.5, 1993
26
02/14192 21 S 489 983 8869 f SLfND COMM P.82
FEt3 14 ,192 {S,:41 r-an'c.EIJE141X.c TrrgS VI i III rtm.
1 .
•
. 104 13 1501
,; . . 40
I
GATES METIsS AND ROUNDS 1)ESCRIP'11ON IlOR
LOU ACRES OUT OF`I lE B.C.AlitTilUlt
(MOULTING
pNtaNsts.INC. SURVEY,PAT. NO.227,q JU7/18
CYTY OF PORT AR'IIIUR
Dtau+rCRS JEFFERSON COUNTY,TEXAS
auavcroas
suomp
BEING a tract or parcel containing 2.00 acres out of and a part of the B.C. Arthur Survey,Patent
No.227. 9/07/1895 located on Pleasure Island in the City cg Port Arthur, 3efferiion County,Texas
and being more particularly described by tnetoq and bound as follows_
,
BEGINNING at a conc[cte monument foProperty Southeast corner of a
Jefferson 1.005 acre
being ontilµe
described in Film Code 101 39 0795 Real
' North Right-of-way II i e of State Highway 82;
TIIENCI7 North 27 deg.46 min,32 see.East long the North line of State Ilighway 82 fora distance
of 353,44 feet to a 1(2-inch rod set for
r North 62 deg. 13 vain. 28 sec, West for a distance of 7A6A9 feet to a 1/2-inch iron rod set
I�I-ii�NGl.N g
j for cornet;
TIWNCIt South 27 deg: 46 min. 32 sec:, West for a distance of;353.44 feet to a concrete monument
found for Northeast cornet of said LUUS acre tiacc; and the Northwest carnet herein;
'1'IIii:NCI South 62 deg. 13 rain. 28 sec. along the Past line of the 1.005 acre tract for tt distance of
246.49 feet to the POINT OF BEGINNING and containing 2.00 acres of laud.
•
COMPILI+U BY: ARCENEAUX & GATES
A.
CONSULTING ENUINFI'1t5,INC. -ozatN
- '-t OF r
ye
LS-92,069 . ♦ 1 I.♦•l..,.
2=069 1 �
Mr. Jr ery Oltremari
January 13, 1992 l.AftCtFiEAUR j
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PLAT OF' PROPERTY r
cor/i/y t e/ !hi is a true and ac-dr•/e p n A properly knOWvn Oct t _ ,---J O r 1„
t ��^'_ t a' , . ,� us t ' The propeyo f /�P .1f ti-''';Nf'4k
L/�`y .�. _ _ as scirvoynfl6y ma / ' a,,, 'Q� ''S'
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showing (v/!) (,.�oJ i/»rrov•r»•nts and bbin
LC1" .- -. 0/1".e74 .-- kt _.2`4(' neff..('zf_'_ )i I've y Acr/A) Err, 'II°/1-8,0 la..RNALD.. AftGENEAUX
• o mat' of fhi.oh is ro rdod in VC/t/fl — Porty" of the Mop
RetC4/'4c of ____ --JXfrP/,,arst County, Texas. TAers ape no N Yrr X872 a; t
yiaib/o onorOOVAInenls of this properly at the time of the avrvey excep/ \� ���lrlt 2 Ntai40t
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L/• •nae No 4572
//
mhfs instru�ent was acknow/sdped bo f /n• anth/s the /y .day
_ - ,.-4,---.)Z /r�a .� u. a (.i.- pAYRtC1A K. 111AHAN
1 sr GOimasitOtl txrIM$ t