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HomeMy WebLinkAboutRES 95-114 RESOLUTION NO. 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 with St. Anne's School for the use of Gilbert Park. The Agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the /F- day of 1995. - Mayor - 4956JEB LICENSE AGREEMENT This Agreement is made this day of , 1995, by and between the City of Beaumont, Texas (hereinafter called the "City") and the St . Anne Tri-Parish School and Joseph A. Galante, Resident Bishop of the Roman Catholic Diocese of Beaumont, Texas, and his successors in office (hereinafter collectively called the "School" ) and in consideration of the mutual covenants set forth herein, the parties agree as follows : 1 . License. On the terms set forth herein and during the continuance of this Agreement, the City hereby grants the School a license to use that certain tract of land commonly known as "Gilbert Park" , more particularly described as follows : BEGINNING at a point in the south line of Calder Avenue and 420 ft . due west of the northwest corner of Block 50 of the Averill Addition, to the City of Beaumont, for the northeast corner of the tract herein conveyed, said beginning point being also the west boundary line of Twelfth Street; THENCE west along the south boundary line of Calder Avenue a distance of 300 ft . to corner in south line of Calder Avenue for the west corner of this tract; THENCE south 300 ft . to a stake for the southwest corner of this tract in what would be the north boundary line of Broadway if Broadway were extended due west; THENCE east along what would be the north boundary line of Broadway, if Broadway were extended and parallel with Calder Avenue 300 ft . to a stake for the southeast corner of this tract; THENCE north parallel with 11th Street a distance of 300 ft . to PLACE OF BEGINNING, and being the west 300 by 300 ft . of that certain tract of land fully described in deed from Frank Leslie Jarrett and wife to W.C. Gilbert, dated December 11, 1919, of record in Volume 190, Page 314, of the Deed Records of Jefferson County, Texas; and W.C. Gilbert to John N. Gilbert dated June 1, 1921, of record in Volume 206, Page 300, of said Deed Records of Jefferson County, Texas . EXHIBIT "A" 4956JEB During the term of this Agreement, the School is authorized to exclude from the premises persons and uses which are inconsistent with School and School recreational uses. The privileges granted herein shall be for the sole purpose of utilizing the property for park purposes only; it being the intent of the parties that both the School and the general public be provided access to the property for use as a park. 2 . Term. The primary term of this Agreement shall be for a period of ten years beginning August 1, 1995 and ending May 31, 2005; provided, however, that this license shall only be effective during the calendar months of August, September, October, November, December, January, February, March, April and May during the term of this Agreement and shall not have any effect on any Saturday, Sunday or other day during that period when St . Anne Tri-Parish School is not in session. During those times that this Agreement is not in effect, the property shall be accessible to the general public for use as a public park and any facilities, improvements or personal property remaining on the property shall be available for use by the general public . 3 . Maintenance. During those calendar months that the above-described license is effective, the School agrees, at its sole cost and expense, to keep and maintain in good order, condition and repair the property, its improvements, all plumbing, electrical and other utility lines, any parking areas, light fixtures, fencing, and playground equipment situated on the premises . In the event the school fails to make any repairs required of the School hereunder promptly, the City, at its option, may make such repairs for the School' s account and the cost of same will become an obligation of the School under this Agreement, payable on demand. Consistent with the character of the School' s business and its operations, it shall use the property in a lawful and reputable manner and shall keep and maintain the property in a clean, sanitary, healthful and safe condition in accordance with applicable laws and ordinances and in accordance with applicable directions, rules and regulations of those governmental offices or agencies having jurisdiction over the property. Notwithstanding the grant of the license described above and the School' s agreement to accept maintenance responsibilities as provided in this paragraph, the property shall be subject to the management and control of the City at all times . 4 . Utilities . The School agrees to pay directly to the utility companies, when due, all charges for water, gas, electricity and other services used on or in connection with the property during those calendar months that the above-described license is effective and shall save and hold -2- 4956JEB the City harmless from any charge, expense or liability to the School or to anyone claiming under the School for failure of utility services in the event of malfunction or cessation of supply of any utilities . 5 . Improvements. No alterations or improvements may be made by the School without the prior consent of the City. 6 . Insurance . The School shall maintain in full force and effect during the term of this Agreement a policy of public liability and property damage insurance relating to the property and the School' s use thereof, under which policy the City shall be named as an additional insured. The minimum limits of liability of such insurance shall be $500, 000 . 00 for injury or death to any one person, $1, 000, 000 . 00 for injury or death to more than one person, $100, 000 . 00 for injury or destruction to property. Such policy shall be issued by a Company acceptable to the City and shall be non-cancellable without ten days' prior written notice to the City. A duplicate copy of such policy or certificate evidencing such coverage shall be promptly furnished to the City annually. The School shall pay all insurance premiums required under such policy, allowing no delinquency in payment . 7 . Assignment . No Assignment may be made of this Agreement without the written consent and permission of the City. 8 . Construction. This instrument shall not be construed or interpreted in a manner which would, and shall not grant or transfer any interest or right with respect to the property if such grant or transfer would: a. cause the property to be used for any purpose other than as a park; b. cause the property to be unavailable for the use and benefit of the public, and especially the people of the City of Beaumont; or C. cause the title to the property to revert from the City of Beaumont pursuant to that certain dedication deed dated January 3 , 1927 and executed by Laura A. Gilbert, Harvey W. Gilbert, Wilber C. Gilbert, Annie W. Butler and Charles T. Butler in their individual and representative capacities, such instrument being filed of record in Volume 279, Page 15 of the Deed Records of Jefferson County, Texas . -3- 4956JEB In addition and notwithstanding anything contained herein to the contrary, if the grant of the license contained herein would cause or is later interpreted to cause a reversion of the title to the property from the City of Beaumont then this instrument shall be void ab initio and of no force or effect from its inception. Thus, this instrument shall not grant any privilege or authorize any use which would be inconsistent with the original grant to the City. It is understood and agreed by both parties that this Agreement shall not have the effect of transferring an interest or estate in the property to the School . 9 . Miscellaneous. This Agreement contains the entire Agreement between the parties, no representations, inducements, promises, or agreements, oral or otherwise between the parties, not embodied herein, shall be of any force or effect . No modification, alteration or amendment of this Agreement shall be binding unless in writing and executed by the parties hereto, their successors or assigns . This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of Texas as the same may from time to time exist . EXECUTED in duplicate originals this day of 1995 . THE CITY OF BEAUMONT, TEXAS BY: Its ST. ANNE TRI-PARISH SCHOOL BY: Sandy Taylor Its THE ROMAN CATHOLIC DIOCESE OF BEAUMONT, TEXAS BY: Joseph A. Galante, Resident Bishop -4- 4956JEB STATE OF TEXAS COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared , the of The City of Beaumont, a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 1995 . NOTARY PUBLIC, STATE OF TEXAS STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared Sandy Taylor, the of St . Anne' s Tri-Parish School, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 1995 . NOTARY PUBLIC, STATE OF TEXAS -5- 4956JEB STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Joseph A. Galante, the Resident Bishop of The Roman Catholic Diocese of Beaumont, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 1995 . NOTARY PUBLIC, STATE OF TEXAS -6- 4956JEB LICENSE AGREEMENT This Agreement is made this day of , 1995, by and between the City of Beaumont, Texas (hereinafter called the "City" ) and the St . Anne Tri-Parish School and Joseph A. Galante, Resident Bishop of the Roman Catholic Diocese of Beaumont, Texas, and his successors in office (hereinafter collectively called the "School" ) and in consideration of the mutual covenants set forth herein, the parties agree as follows : 1. License. On the terms set forth herein and during the continuance of this Agreement, the City hereby grants the School a license to use that certain tract of land commonly known as "Gilbert Park" , more particularly described as follows : BEGINNING at a point in the south line of Calder Avenue and 420 ft . due west of the northwest corner of Block 50 of the Averill Addition, to the City of Beaumont, for the northeast corner of the tract herein conveyed, said beginning point being also the west boundary line of Twelfth Street; THENCE west along the south boundary line of Calder Avenue a distance of 300 ft . to corner in south line of Calder Avenue for the west corner of this tract; THENCE south 300 ft . to a stake for the southwest corner of this tract in what would be the north boundary line of Broadway if Broadway were extended due west; THENCE east along what would be the north boundary line of Broadway, if Broadway were extended and parallel with Calder Avenue 300 ft . to a stake for the southeast corner of this tract; THENCE north parallel with 11th Street a distance of 300 ft . to PLACE OF BEGINNING, and being the west 300 by 300 ft . of that certain tract of land fully described in deed from Frank Leslie Jarrett and wife to W.C. Gilbert, dated December 11, 1919, of record in Volume 190, Page 314, of the Deed Records of Jefferson County, Texas; and W.C. Gilbert to John N. Gilbert dated June 1, 1921, of record in Volume 206, Page 300, of said Deed Records of Jefferson County, Texas . w 4956JEB During the term of this Agreement, the School is authorized to exclude from the premises persons and uses which are inconsistent with School and School recreational uses. The privileges granted herein shall be for the sole purpose of utilizing the property for park purposes only; it being the intent of the parties that both the School and the general public be provided access to the property for use as a park. 2 . Term. The primary term of this Agreement shall be for a period of ten years beginning August 1, 1995 and ending May 31, 2005; provided, however, that this license shall only be effective during the calendar months of August, September, October, November, December, January, February, March, April and May during the term of this Agreement and shall not have any effect on any Saturday, Sunday or other day during that period when St . Anne Tri-Parish School is not in session. During those times that this Agreement is not in effect, the property shall be accessible to the general public for use as a public park and any facilities, improvements or personal property remaining on the property shall be available for use by the general public . 3 . Maintenance. During those calendar months that the above-described license is effective, the School agrees, at its sole cost and expense, to keep and maintain in good order, condition and repair the property, its improvements, all plumbing, electrical and other utility lines, any parking areas, light fixtures, fencing, and playground equipment situated on the premises . In the event the school fails to make any repairs required of the School hereunder promptly, the City, at its option, may make such repairs for the School' s account and the cost of same will become an obligation of the School under this Agreement, payable on demand. Consistent with the character of the School' s business and its operations, it shall use the property in a lawful and reputable manner and shall keep and maintain the property in a clean, sanitary, healthful and safe condition in accordance with applicable laws and ordinances and in accordance with applicable directions, rules and regulations of those governmental offices or agencies having jurisdiction over the property. Notwithstanding the grant of the license described above and the School' s agreement to accept maintenance responsibilities as provided in this paragraph, the property shall be subject to the management and control of the City at all times . 4 . Utilities . The School agrees to pay directly to the utility companies, when due, all charges for water, gas, electricity and other services used on or in connection with the property during those calendar months that the above-described license is effective and shall save and hold -2- 4956JEB the City harmless from any charge, expense or liability to the School or to anyone claiming under the School for failure of utility services in the event of malfunction or cessation of supply of any utilities . 5 . Improvements . No alterations or improvements may be made by the School without the prior consent of the City. 6 . Insurance. The School shall maintain in full force and effect during the term of this Agreement a policy of public liability and property damage insurance relating to the property and the School' s use thereof, under which policy the City shall be named as an additional insured. The minimum limits of liability of such insurance shall be $500, 000 . 00 for injury or death to any one person, $1, 000, 000 . 00 for injury or death to more than one person, $100, 000 . 00 for injury or destruction to property. Such policy shall be issued by a Company acceptable to the City and shall be non-cancellable without ten days' prior written notice to the City. A duplicate copy of such policy or certificate evidencing such coverage shall be promptly furnished to the City annually. The School shall pay all insurance premiums required under such policy, allowing no delinquency in payment . 7 . Assignment . No Assignment may be made of this Agreement without the written consent and permission of the City. 8 . Construction. This instrument shall not be construed or interpreted in a manner which would, and shall not grant or transfer any interest or right with respect to the property if such grant or transfer would: a. cause the property to be used for any purpose other than as a park; b. cause the property to be unavailable for the use and benefit of the public, and especially the people of the City of Beaumont; or C. cause the title to the property to revert from the City of Beaumont pursuant to that certain dedication deed dated January 3 , 1927 and executed by Laura A. Gilbert, Harvey W. Gilbert, Wilber C. Gilbert, Annie W. Butler and Charles T. Butler in their individual and representative capacities, such instrument being filed of record in Volume 279, Page 15 of the Deed Records of Jefferson County, Texas . -3- 4956JEB In addition and notwithstanding anything contained herein to the contrary, if the grant of the license contained herein would cause or is later interpreted to cause a reversion of the title to the property from the City of Beaumont then this instrument shall be void ab initio and of no force or effect from its inception. Thus, this instrument shall not grant any privilege or authorize any use which would be inconsistent with the original grant to the City. It is understood and agreed by both parties that this Agreement shall not have the effect of transferring an interest or estate in the property to the School . 9 . Miscellaneous . This Agreement contains the entire Agreement between the parties, no representations, inducements, promises, or agreements, oral or otherwise between the parties, not embodied herein, shall be of any force or effect . No modification, alteration or amendment of this Agreement shall be binding unless in writing and executed by the parties hereto, their successors or assigns . This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of Texas as the same may from time to time exist . EXECUTED in duplicate originals this day of 1995 . THE CITY OF BEAUMONT, TEXAS BY: Its ST. ANNE TRI-PARISH SCHOOL BY: Sandy Taylor Its THE ROMAN CATHOLIC DIOCESE OF BEAUMONT, TEXAS BY: Joseph A. Galante, Resident Bishop -4- a 4956JEB STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared , the of The City of Beaumont, a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 1995 . NOTARY PUBLIC, STATE OF TEXAS STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Sandy Taylor, the of St . Anne' s Tri-Parish School, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 1995 . NOTARY PUBLIC, STATE OF TEXAS -5- 4956JEB STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Joseph A. Galante, the Resident Bishop of The Roman Catholic Diocese of Beaumont, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 1995 . NOTARY PUBLIC, STATE OF TEXAS -6-