HomeMy WebLinkAboutRES 86-060 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute a
license agreement, a copy of which is attached hereto as Exhibit
"A" , with the Thomas Park Homeowners Association for the
installation of a subdivision identification wall at a one-time
license fee of Five Hundred Dollars ($500) .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the ,/ , day of 1986.
I
Mayor -
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
THIS LICENSE, made this day of , 1986,
between THE CITY OF BEAUMONT, a municipal corporation acting herein by
its City Manager, hereunto duly authorized, hereinafter called
"Licensor", and Thomas ;lark Homeowners Association, acting herein by
H. B. Arnoult, hereinafter called "Licensee."
W I T N E S S E T H:
That the parties hereto, for the consideration hereinafter
expressed, covenant and agree as follows:
1.
Subject to the terms and conditions hereinafter set forth,
Licensor authorizes Licensee to construct, install and maintain a
subdivision identification wall on Thomas Lane at the common boundary
line of the Delaware Place and The Park on Thomas Road subdivisions, as
illustrated in the attached Exhibit A.
2.
Licensee shall pay Licensor as compensation for this license
a one time fee of Five Hundred Dollars ($500.00) payable in advance.
3.
Licensee shall, at its own cost, locate, construct and maintain
the wall in such a manner and of such material that it will not at
anytime be a source of danger to or interfere with vehicular or
pedestrian traffic using Thomas Lane. Licensee agrees that all
work upon or in connection with the wall shall be done at times and in
a manner satisfactory to Licensor. Any street barricading or traffic
control devices that may be necessary shall be in accordance with City of
Beaumont Standards.
4.
Licensee shall, at all times, indemnify and save harmless
Licensor against and pay in full all loss, damage or expense that
Licensor may sustain, incur, or become liable for, resulting in any
manner from the construction, maintenance, use, state of repair, or
presence of the wall.
����� Exhibit "A" -
S.
Licensor, and any franchised utilities or services of the
Licensor, reserve the right to make, any improvements of the right-of-way
premises covered by this license. In doing so, Licensor, and franchised
utilities or, services of the Licensor, shall not be liable to Licensee
for any damage occasioned to the wall, and Licensee shall not be entitled
to prosecute or maintain a claim against Licensor, or any franchised
utilities or services of the Licensor, for any such damages sustained by
the wall.
b.
Any notice, requests, instructions or revocation of this
license to be given by Licensor to Licensee hereunder shall be deemed to
be properly served if the same be delivered to Licensee or if deposited
in the post office, postpaid, addressed to Licensee at P. 0. Box 7222,
Beaumont, Texas 77704. Upon thirty (30) days written notice from
Licensor, Licensee shall remove the subject wall and restore the site to
a condition acceptable to Licensor.
7.
All the covenants and provisions of this instrument shall be
binding upon and ensure to the benefit of the successors, legal
representatives, and assigns of the parties to the same extent and effect
as the same are binding upon and ensure to the benefit of the parties
hereto, but no assignment hereof by Licensee, its successors, legal
representatives, or assigns, or any subsequent assignee, shall be binding
upon Licensor without the written consent of Licensor in each instance.
IN WITNESS WHEREOF, the parties have executed this agreement in
duplicate the day and year above written.
THE CITY OF BEAUMONT THOMAS PARK HOMEOWNERS ASSN.
By: By:
City Manager H. B. Arnoult
LICENSOR LICENSEE
ATTEST: ATTEST:
City Clerk
o —
ame
ono'rft NK � i7lider[
THOMAS LANE r r -
s h 4 I' 4 I, ii. ;
a• "� — ti,
n II -0 ± 5-0 27*-0" Back Of Curb 5'-p"
to Back Of Curb 3
oror fr�on.
- Chain Link a
4. Fence 3 al
r
PROPOSED
• Subdivision Identification Wall
f{, . „ _ On Thomas Lane At The Common Boundary
i, • LLB Line Of The Delaware Place And The Park EXHIBIT A
33015 0 7rCWrN On Thomas Road Subdivisions
er ,
February 4 , 1986
SUBJECT Pork On
ThS
The Pork On
Thomas Rood Tho as Ro d
Common
North Area Common I I Area
BIk.B
W Blk.6
Scale:I"= 6' I Q � I
5-0 J d 5'- 0" i
Subdivision Boundary Line < as
Delaware Place O
I J = J Delaware Place
Lot
3 ~ v Lot 6
BIk.9 (O, Q Bilk. 7
L \(�
o Subdivision VVVlll
0 Boundary `t
Line n�