HomeMy WebLinkAboutPACKET MARCH 16 2004 City qJ Beaumont
REGULAR IVIEEktr G OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 16, 2004 L30 P.M.
AGENDA
CALL 70 ODDER
Invocation pledge roll Call
Presentations and recognition
]Public Comment: persons may speak on scheduled agenda items 2-7/Consent
Agenda
Consent Agenda
GENERAL BUSINESS
1. Consider approving a request for an amended specific use permit to allow a 20'
landscape buffer for a building storage business in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 3450 West Cardinal Drive
2. Consider approving a resolution authorizing the award of a contract for
construction of the Virginia Street pavement Improvement project
3. Consider approving a contract to provide collection services for Municipal Court
4. Consider authorizing the City Manager to execute a lease agreement for the
relocation of]Emergency Medical Services Unit No. 4 (Medic 4)
5. Consider approving a one (1) year contract for the purchase of corrugated
polyethylene pipe for use in the public Works Department
6. Consider approving.a contract to purchase fire protective clothing for the fire
Department
WO SESSION
Discuss regulating the operation of motor-assisted scooters
7. Consider approving an amendment to Chapter 26, of the Code of Ordinances of
the City of Beaumont, by adding a new Section 26-11 regulating the operation of
motor-assisted scooters on the streets and rights-of-way of the City of Beaumont
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Delmon R. Jones v City of Beaumont
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
City Manager
City Attorney
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting.
I
March 16, 2004
Consider approving a request for an amended specific use permit to allow a 20' landscape buffer
for a building storage business in a GC-MD (General Commercial-Multiple Family Dwelling)
District at 3450 West Cardinal Drive
City of Beaumont
�z IL
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson,Planning Manager
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 10, 2004
REQUESTED ACTION: Council consider a request for an amended specific use permit to
allow a 20' landscape buffer for a building storage business in a GC-
MD(General Commercial-Multiple Family Dwelling)District at 3450
West Cardinal Drive.
RECOMMENDATION
The Administration recommends approval ofthe request for an amended specific use permit to allow
a 20'landscape buffer along the north end of the property of a building storage/rental business in a
GC-MD District at 3450 West Cardinal Drive subject to allowing the chain link fence to remain and
planting, within the landscape buffer, shrubs with a minimum height of 3' along the entire width of
the property and the required trees.
BACKGROUND
American Waste Services would like to use 65'of the currently required 75'buffer along the rear of
its property to store portable buildings and roll-off boxes. They propose to install an 8'tall wood
fence and a 10'wide landscape buffer planted with trees along the north property line.
In May, 1996,Baker Tanks asked for and received a specific use permit to allow the storage of tanks
on the subject property with the condition that a 75'open space buffer be retained along the north end
of the property.
In February, 1998, American Waste Services took over the property for the storage of portable
buildings and roll-off boxes when they are not being rented. As a condition of the previous specific
use permit, American Waste Services was required to maintain the 75'open space buffer.
American Waste Services is now requesting that it be allowed to encroach 65'into that buffer with
the stipulation that they would install an 8'tall wood privacy fence and a 10'wide landscape buffer
along the north end of the property.
The Planning Manager originally recommended an 8' wood screening fence and a 20' landscape
buffer. Mr. Pardue stated, at the meeting, that he was agreeable to the 20'buffer.
BUDGETARY 11"ACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held February 23,2004,the Planning Commission voted 6:0 to approve the
request for an amended specific use permit to allow a 20'landscape buffer along the north end of the
property of a building storage/rental business in a GC-MD District at 3450 West Cardinal Drive
subject to allowing the chain link fence to remain and planting, within the landscape buffer, shrubs
with a minimum height of 3'along the entire width of the property and the required trees.
SUBSEQUENT ACTION
None.
RECONEMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.
96-33 ORIGINALLY GRANTING A SPECIFIC USE PERMIT
TO ALLOW THE STORAGE OF METAL TANKS FOR LEASE
BY INDUSTRIAL AND COMMERCIAL USERS TO
HEREAFTER ALLOW FOR THE STORAGE AND RENTAL
OF PORTABLE BUILDINGS AND ROLL-OFF BOXES IN A
GC-MD (GENERAL COMMERCIAL - MULTIPLE FAMILY
DWELLING) DISTRICT AT 3450 WEST CARDINAL DRIVE,
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, the City Council for the City of Beaumont on June 11, 1996 amended
a specific use permit issued to Baker Tanks Corporation on May 28, 1996 to allow the
storage of steel and polyethylene tanks, containers and pumps for lease by industrial and
commercial users in a GC-MD (General Commercial-Multiple Family Dwelling) District at
3450 West Cardinal Drive at Warren Street, Tract 2, Block 27, M. C. Cartwright Addition,
in Beaumont, Jefferson County, Texas; and,
WHEREAS, American Waste Services took over ownership of the property in
February, 1998 for the storage of portable buildings and roll-off boxes; and,
WHEREAS,American Waste Services now requests an amendment to the Specific
Use Permit that would reduce the seventy-five (75') foot landscape buffer area along the
north end of the property; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That the specific use permit is amended to allow for the storage and rental of
portable buildings and roll-off boxes byAmerican Waste Services, its legal representatives,
successors and assigns in an GC-MD(General Commercial-Multi-Family Dwelling) District
at 3450 West Cardinal Drive, Tract 2, Block 27, M. C. Cartwright Addition, as shown on
Exhibit"A"attached hereto, in Beaumont, Jefferson County, Texas subject to the following
conditions:
a. The installation and maintenance of a twenty (20') foot landscape open
space buffer strip along the north end of the property;
b. The planting and maintenance of shrubbery, with a minimum height of
three(3')feet at the time of planting within the buffer area along the entire
width of the north property boundary;
c. The maintenance in good repair of the existing eight (8') foot chain link
fence along the north boundary of the property.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
March, 2004.
- Mayor Evelyn M. Lord -
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March 16,2004
Consider approving a resolution authorizing the award of a contract for construction of the
Virginia Street Pavement Improvement Project
CyCat of Beaumont
Council Agenda Item
'A TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 2, 2004
REQUESTED ACTION: Council consider a resolution authorizing the award of a contract for
construction of the Virginia Street Pavement Improvement Project
in the amount of $2,598,065.77 to W.B. Construction and Sons,
Inc.
RECOMMENDATION
Administration recommends approval and execution of a contract with W.B. Construction and
Sons, Inc. in the amount of$2,598,065.77 for the construction of the Virginia Street Pavement
Improvement Project. The MBE participation will not be required because the general contractor
has been certified as a Minority Business Enterprise.
Administration recommends authorization to award this contract.
BACKGROUND
On February 26, 2004, the City of Beaumont received five (5) bids for the Virginia Street
Pavement Improvement Project. The lowest bid was submitted by W.B. Construction and Sons,
Inc. in the amount of$2,598,065.77. The list below identifies the total bid received from each
contractor:
Contractor Bid
W. B. Construction and Sons, Inc. $ 2,598,065.77
Allco, Ltd. $ 2,660,957.15
APAC-Texas, Inc. $ 2,888,272.80
Brystar Contracting, Inc. $ 2,935,081.76
Excavators and Constructors, Inc. $ 3,101,893.25
A bid tabulation sheet is attached for additional information.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
Eng V irginia StreetPavementsk.wpd
March 2, 2004
CITY OF BEAUMONT
BID TAB
VIRGINIA STREET PAVEMENT IMPROVEMENT PROJECT
PAGE 1 OF 6
W.B.CONSTRUCTION&SONS,INC. ALLCO LTD APAC-TEXAS,INC.
Item Item Unit Estimated Unit Total Unit Total Unit Total
No. Code Alt Descri tion Measure Quantity Price Price Price
100 001 PREP ROW _ STA _ 47.00 $400.00 $18,8007 $2,850.00 $133,950.00 $725.00 $34,075.00
104 001 REMOV OLD CONC.,PVMT,DRWY,&CONC.LINING SY 5,361.00 $5.00 $26,805.00 _ $6.50 $34,846.50 $7.25 $38,867.25
110 001 ROADWAY EXCAVATION CY 15,300.00 $4_00_ $61,200.00 $4.35 $66,555.00 $6.75 $103,275.00
132 001 EMBANKMENT,TY B,CLASS 1,(ORD COMP) CY __ 4,900.00 $1.65_ $8,085.00 _ $4.20 $20,580.00 $6.45 $31,605.00
150 001 BEADING HR _ 60.00 $1.00 $60.00 $76.00 $4,560.00 $$6.00 $5,100.00
156 001 BULLDOZER,DENSITY CONTROLLED,TY-B HR 60.00 $1.00 $60.00 $65.00 $3,900.00 $75.00 $4,500.00
162 1 001 SODDING FOR EROSION CONTROL,ST.AUGUSTINE SY 15,000.00 $3.50 $52,500.00 $2.45 $36,750.00 $1.90 $28,500.00
166 001 FERTILIZER(16-20-0 OR 16-8-8) _ TN 2.00 $250.00 $500.00 $380.00 $760.00 $260.00 $520.00
168 001 VEGETATIVE WATERING MG 1,000.00 $1.00 $1,000.00 $10.00 $10,000.00 $18.00 $18,000.00
204 001 SPRINKLER,DUST CONTROL MG 1,000.00 $1.00 $1,000.00 $10.00 $10,000.00 $18.00 $18,000.00
260 001 LIME TRMT FOR MATES.,USED AS SUBGR.(ROAD MIX)(6") SY 22,880.00 $2.25 $51,480.00 $2.00 $45,760.00 _ $1.90 $43,472.00
260 002 LIME SLURRY(TY A)(DRY WEIGHT)(8%) TN 371.00 $100.00 $37,100.00 $100.00 $37,100.00 $120.00 $44,520.00
276 001 CEM.TR BS(STR L)(TY D)(GR 3)(6") SY 24,220.00 $7.75 $187,705.00 $7.50 $181,650.00 $8.30 $201,026.00
305 001 SALVAGE,HAUL&STOCKPILE RCL ASPHALT PAVEMENT SY 12,301.00 $1.50 $18,451.50 $1.90 $23,371.90 $1.70 $20,911.70
310 001 PRIME COAT(AE-P) GAL 75.00 $5.00 $375.00 $2.15 $161,25 $2.40 $180.00
310 002 TACK COAT(AC-10) GAL 500.00 $1.25 $625.00 $2.15 $1,075.00 $1.85 $925.00
340 001 HOT MIX ASPHALT PAVEMENT,TY D,1-1/2" TNS 250.00 $75.00 $18,750.00 $82.00 $20,500.00 $74.00 $18,500.00
360 001 CONCRETE PAVEMENT(REIN-DESIGN)8"CL P SY 21,945.00 $24.75 $543,138.75 $23.00 $504,735.00 $26.50 $581,542.50
360 002 CONCRETE CURB TY A,6" LF 9,320.00 $2.50 $23,300.00 $3.00 $27,960.00 $2.40 $22,368.00
400 I 001 STRUCTURAL EXCAVATION(TRENCH) CY 9,000.00 $4.00 $36,000.00 $0.10 $900.00 $5.65 $50,850.00
400 002 CEMENT STABILIZED BACKFILL(2 SACK/C.Y.) CY 7,006.00 $21.50 $150,629.00 $27.00 $189,162.00 $34.50 $241,707.00
402 001 TRENCH EXCAVATION PROTECTION LF 3,029.00 $0.50 $1,514.50 $0.10 $302.90 $3.00 $9,087.00
432 001 RIPRAP,CONCRETE LINING CLASS A,5" _ CY 100.00 $85.00 $8,500.00 $300.00 $30,000.00 $330.00 $33,000.00
432 002 CONCRETE SLAB CLASS A,6" CY 20.00 $30.00 $600.00 $42.00 $840.00 $57.96 $1,159.20
432 003 CONC.WINGWALL,CLASS A 36"PIPE _ EA 1.00 $1,083.50 $1,083.50 $1,725.00 $1,725.00 _ $3,550.00 $3,550.00
432 004 CONC.WINGWALL,CLASS A 18"PIPE _ EA 1.00 $823.20 $823.20 $1,450.00 $1,450.00 $1,250.00 $1,250.00
432 005 RIPRAP,HEADWALL,CLASS A,10"X'"BOX CY 80.00 $450.00 $36,000.00 $450.00 $36,000.00 $550.00 $44,000.00
464 001 18"RCP LF 74.00 $25.00 $1,850.00 $30.00 $2,220.00 $35.00 $2,590.00
464 002 HDPE PIPES 18"INCLUDING TEES AND BENDS LF 1,497.00 $18.00 $26,946.00 $19.00 $28,443.00 $25.00 $37,425.00
464 003 HDPE PIPES 24"INCLUDING TEES _ LF 405.00 $31.00 $12,555.00 $23.00 $9,315.00 $29.00 $11,745.00
464 004 HDPE PIPES 30"INCLUDING TEES LF 382.00 $36.00 $13,752.00 $30.00 $11,460.00 $37.00 $14,134.00
464 005 HDPE PIPES 36"INCLUDING TEES LF 576.00 $40.00 $23,040.00_ $33.50 $19,296.00 $43.00 $24,768.00
464 006 HDPE PIPES 42"INCLUDING TEES _ LF 410.00 $48.00 $19,680.00 _ $38.00 $15,580.00 $50.00 $20,500.00
464 007 HDPE PIPES 48"INCLUDING TEES LF 845.
620.00_ $56.00 $34,720.00 $43.50 $26,970.00 $61.0_0 $37,820.00
464_ 008 j _ HDPE PIPES 54"INCLUDING TEES __ LF - ---
00 $64.45 $54,460.25 $68.00 $57,460.00 $96.00 $81,120.00
464 ___ 009 10'X 8'CONCRETE BOX,C-789 _ LF _ _ 96.00 $450.00 _ $43,200.00 $420.00 $40,320.00 $500.00 _ $48,000.00
465 001 INLET,COMPLETE,TYPE A _ --
EA __ 30.00 $1,500.00 _ $45,000.00 $2,300.00 $69,000.00 $3,425.00 $102,750.00
465 002 r _ INLET EXTENSION,COMPLETE ___ EA 14.00_ $650.0 __$9,100.00 $680.00 $9,520.00 $860.00 $12,040.00
465 003 T MANHOLE,COMPLETE TYPE A
- EA _ 10.00 $1,800.00 $18,000.00 $5,775.00 $57,750.0_0 _ $4,550.00 $45,500.00
465 004 ! GRATE INLET,TYPE-A - EA _ 2.00 $1,500.00 $3,000.00 _ $1,660.00 $3,320.00 $1,35_0.00 _$2,700.00
465 005 _ GRATE INLET,TYPE B
_ EA 2.00 $1,500.00' $3,000.00 $1,280.00 $2,560 00 $1,350.00 $2,700.00
465 006 __JUNCTION BOX,COMPLETE _ -
_ EA 10.00 - -- -
----
496 001 REMOVE O_LD STRUCTURE,SMALL - - __- __._ $1,500.00 $15,000.00__$1,900.00 _ $19,000.00 $4,550.00 $45,500.00
- -- - _�_-_._ -_ 50.00 -- $1ff $7,500.00
- - --- - $8000i____-_$4,000.00 - $155.00 - - $7,750.00
CITY OF BEAUMONT
BID TAB
VIRGINIA STREET PAVEMENT IMPROVEMENT PROJECT
PAGE 2 OF 6
W.B.CONSTRUCTION&SONS,INC. ALLCO LTD APAC-TEXAS,INC,
Item Item Unit Estimated Unit Total Unit Total Unit Total
96 Code Alt Descri tion Measure Quantity Price Price Price
496 002 REMOVE OLD STRUCTURE,LARGE EA 1.00 $24,300.00 $24,300.00 $9,600.00 $9,600.00 $11,500.00 $11,500.00
496 003 REMOVE OLD STRUCTURE,PIPE LF 4,900.00 $2.10 $10,290.00 $4.35 $21,315.00 $6.10 $29,890.00
500 001 MOBILIZATION LS 1.00 $410,208.00 $410,208.00 $265,000.00 $265,000.00 $201,244.00 $201,244.00
502 001 BARRICADES,SIGNS,&TRAFFFIC HANDLING MO 45.00 $1,700.00 $76,500.00 _ $10.00 $450.00 $550.00 $24,750.00
530 001 DRIVEWAYS,CONCRETE, 6" Sy 100.00 $27.50 $2,750.00 $29.00 $2,900.00 $33.00 $3,300.00
531 001 DRIVEWAYS,CONCRETE, 4" SY 2,610.00 $18.00 $46,980.00 $19.00 $49,590.00 $28.00 $73,080.00
531 002 4"CONCRETE SIDEWALK SY 72.00 $32.00 $2,304.00 $25.00 $1,800.00 $30.00 $2,160.00
560 001 MAIL BOX ASSEMBLIES,INCL.STEEL,WOOD,BRICKS EA 26.00 $400.00 $10,400.00 $150.00 -$170.00- $4,420.00
666 001 REFL PAVEMENT MARKINGS,TY 1,WH,ARROW EA 40.00 $135.00 $5,400.00 $137.00 $5,480.00 $130.00 $5,200.00
666 002 REFL PAVEMENT MARKINGS,TY I,Y,4" EA 2,200.00 $2.30 $5,060.00 $2.15 $4,730.00 $2.00 $4,400.00
672 001 RAISED PAV MARKERS,TY II-A-A EA 550.00 $6.75 $3,712.50 $6.50 $3,575.00 $6.00 $3,300.00
678 001 PAVMT SURFACE PREP FOR MARKINGS,ARROW EA 40.00 $36.50 $1,460.00 $38.00 $1,520.00 $35.00 $1,400.00
5007 001 BALED HAY FOR EROSION CONTROL,INSTALL EA 500.00 $3.00 $1,500.00 $10.00 $5,000.00 $10.00 $5,000.00
5007 002 BALED HAY FOR EROSION CONTROL,REM.&RPL. EA 250.00 $4.50 $1,125.00 $11.75 $2,937.50 $15.00 $3,750.00
5007 003 BALED HAY FOR EROSION CONTROL,REMOVE EA 500.00 $4.50 $2,250.00 $6.50 -$6.00- $3,000.00
5009 001 TEMP.SEDMNT CNTRL FENCE,INSTALL LF 10,616.00 $1.50 $15,924.00 $2.15 $22,824.40 $2.50 $26,540.00
5009 002 TEMP.SEDMNT FENCE,REMV&REPLACE LF 2,654.00 $1.00 $2,654.00 $2.60 $6,900.40 $3.00 $7,962.00
5009 003 TEMP.SEDMNT CNTRL,REMOVE LF 10,616.00 $0.10 $1,061.60 $1.25 $$13,270.00 $0.90 $9,554.40
5010 001 CONSTRUCTION EX 1 SY 1,248.00 $2.00 $2,496.00 $14.50 $18,096.00 $17.00 $21,216.00
5010 002 CONSTRUCTION EXITS,TYPE I,REM.&RPL. SY 624.00 $2.00 $1,248.00 $15.50 $9,672.00 $20.00
5010 003 CONSTRUCTION EXITS,TYPE I,REMOVE 1,248.00 $2.00 $2,496.00 $3.50 $4,368.00 $4.00 $12,480.00
$4,992.00
SANITARY SEWER MAINS
555 0 001 C LF CHAIN LINK FENCE(6 FEET) LF 100.00 $15.00 $1,500.00 $10.00 $1,000.00 $6.00 $600.00
1 8"SANITARY SEWER LINES,PVC SDR 35 LF 2,549.00 $28.87 $73,589.63 $30.77 $78,432.73 F$2'$26.50 $67,548.50
2 10"SANITARY SEWER LINES,PVC SDR 35 LF 923.00 $31.81 $29,360.63 $32.12 $29,646.76 $28.00 $25,844.00
3 12"SANITARY SEWER LINES,PVC SDR 35 LF 89.00 $36.85 $3,279.65 $38.60 $3,435.40 $31.00 $2,759.00
4 REPLACEMENT OF SAN SEWER MANHOLE,COMPLETE EA 4.00 $2,247.00 $8,988.00 $2,000.00 $8,000.00 150.00 $8,600.00
5 FURNISH&INSTALL SAN SWR MANHOLE,COMPLETE EA 9.00 $2,111.11 $18,999.99 $1,650.00 $14,850.00 2,050.00 $1845000
6 KILL EXIST MANHOLE IN PLACE,COMPLETE EA 9.00 $977.78 $8,800.02 $500.00 $4,500.00 $975.00 $8,775.00
7 REPLCMT OF SAN SWR 4"PVC SHORT SIDE,COMPLETE EA 16.00 $480.31 $7,684.96 $275.00 $4,400.00 $475.00 $7,600.00
8 REPLCMT OF SAN SWR 4"PVC LONG SIDE,COMPLETE EA _ 21.00 $715.48 $15,025.08 $900.00 $18,900.00 $700.00 $14,700.00
9 TRENCH SAFETY PLAN(SEALED BY P.E.) LS 1.00 $1,100.00 $1,100.00 - - $250.00 $250.00 $1,050.00 __ $1,050.00
_ _ TRENCH SAFETY SYSTEM(EXCAV PROTECTION) LS 1.00 $1,150.00 $1,150_00_ $1.00 $1.00 $1,050.00 $1,050.00
_ WATER MAINS_ - - - - -
1 6"PVC PIPE(C-900,CL 150,CMPLETE LF 456.00 $13.16 $6,000.96 $28.40 $12,950.40 $12.50 $5,700.00
2 _ 12"PVC PIPE(C-900),CL 150,CMPLETE _ LF _ 4,632.00___ $25.83 $119,644.56 $36.8_5
3 2"PVC PIPE SDR 26,160 PSI,ASTM D2241,COMPLETE____ LF __ 57.00 - $170,689.20 $25.00 _$115,800.00
4 4"PVC PIPE SDR 26,160 PSI,ASTM D2241,COMPLETE_ LF__ 57.00 $7.08-- - ----$403.56 4 14 $235.98_ $5.75 _ $327.75
$9.65
_S_ -
5 1"HDPE PIPE P.E.3408,SDR 9,200PSI,LONG SIDE _ EA - _ $550_05 $6.19_ $352.83__ $7.50 _ $427.50
6 _ -16.00 $519.37 $8,309.92_ $390 00 $6,240.00 $495.00 _$7,920.00
- _ 1"HDPE PIPE P,E.3408,SDR 9,200PSI,SHORT SIDE_ EA 21.00 $315.00 _ $6,615.00 $310.00 $6,510.00_ $310.00 $6,510.00
7 _ FIRE HYDRANT,COMPLETE EA _ _ 8.00 $2,608.12 $20,864.96 $2,525.00 $20,200.00_ $2,450.00 $19,600.00
_8 � 2"CURB STOP_ -- -
EA ___ __ 1.001___ _ $285.00 __ $285 00__ _ $4 $450.00 $230.00 $230.00
9 12"X 12"X 6" MJ TEE,COMPLETE EA 7.00 $300.00 $2 100.00 $450 00 $3,150.00 $280.00 $1,960.00
CITY OF BEAUMONT
BID TAB
VIRGINIA STREET PAVEMENT IMPROVEMENT PROJECT
PAGE 3 OF 6
W.B.CONSTRUCTION&SONS,INC. ALLCO LTD APAC-TEXAS,INC.
Rem Item Unit Estimated Unit Total Unit Total Unit Total
No. Code Alt Descri tion Measure Quantity Price Price Price
10 12"X12" X4" MJ TEE,COMPLETE _ EA 1.00 $275.00 $275.00 $450.001 $450.00 $250.00 $250.00
11 12"X 6"CROSS,COMPLETE EA 1.00 $375.00 _ $375.00 $575.00 _ $575.00 $340.00 $340.00
12 4"RESILIENT GATE VALVE EA _ 1.00 $430.00 $430.00 $600.00 _ $600.00 $410.00 $410.00
13 6"RESILIENT GATE VALVE EA 10.00 _ $503.00 $5,030.00 $700.00 $7,000.00 $480.00 $4,800.00
14 12"RESILIENT GATE VALVE EA 6.00 $1,291.00 $7,746.00 $1,600.00 $9,600.00 $1,250.00
15 PLUG EXIST.WATER MAIN,MJ $7,500.00
16 CAPS,COMPLETE EA 2.00 $375.00 $750.00 $650.00 $1,300.00 $375.00 $750.00
TRENCH SAFETY PLAN(SEALED BY P.E.) LS 1.00 $1,100.00 $1,100.00 $250.00 $250.00 $1,050.00 $1,050.00
17 TRENCH SAFETY SYSTEM(EXCAV PROTECTION) LS 1.00_ $1,100.00 $1,100.00 $1.00 $1.00 $1,050.00 $1,050.00
TOTAL COST
$2,598,065.77 $2,660,957.15 $2,888,272.80
CITY OF BEAUMONT
BID TAB
VIRGINIA STREET PAVEMENT IMPROVEMENT PROJECT
PAGE 4 OF 6
BRYSTAR CONTRACTING INC. EXCAVATORS AND
CONSTRUCTORS INC.
It
em Item Unit Estimated Unit Total Unit Total Unit Total
No. Code I Alt Description Measure Quantity Price Price Price
100 001 PREP ROW STA 47.00 $500.00 $23,500.00 $510.00 $23,970.00
104 001 REMOV OLD CONC.,PVMT,DRWY,&CONC.LINING SY 5,361.00 $6.00 $32,166.00 $6.20 $33,238.20
110 001 ROADWAY EXCAVATION Cy V5,300.00 $5.00 $76,500.00 $6.00 $91,800.00
132 001 EMBANKMENT,TY B,CLASS 1,(ORD COMP) CY 4,900.00 $6.00 $29,400.00 $5.50 $26,950.00
150 001 BLADING HR 60.00 $40.00 $2,400.00 $60.00 $3,600.00
156 001 BULLDOZER,DENSITY CONTROLLED,TY B HR 60.00 $40.00 $2,400.00 $60.00 $3,600.00
162 001 SODDING FOR EROSION CONTROL,ST.AUGUSTINE Sy 15,000.00 $2.25 $33,750.00 $2.30 $34,500.00
166 001 FERTILIZER(16-20-0 OR 16-8-8) TN 2.00 $100.00 $200.00 $100.00 $200.00
168 001 VEGETATIVE WATERING MG 1,000.00 $0.10 $100.00 $1.00 $1,000.00
204 001 SPRINKLER,DUST CONTROL MG 1,000.00 $0.10 $100.00 $1.00 $1,000.00
260 001 LIME TRMT FOR MATLS.,USED AS SUBGR.(ROAD MIX)(6") SY 22,880.00 $2.40 $54,912.00 $2.50 $57,200.00
260 002 LIME SLURRY(TY A)(DRY WEIGHT)(8%) TN 371.00 $105.00 $38,955.00 $110.00 $40,810.00
276 001 CEM.TR BS(STR L)(TY D)(GR 3)(6") Sy 24,220.00 $9.60 $232,512.00 $10.00 $242,200.00
305 001 SALVAGE,HAUL&STOCKPILE RCL ASPHALT PAVEMENT SY 12,301.00 $3.40 $41,823.40 $3.35 $41,208.35
310 001 PRIME COAT(AE-P) GAL 75.00 $1.80 $135.00 $2.10 $157.50
310 002 TACK COAT(AC-10) GAL 500.00 $1.80 $900.00 $2.10 $1,050.00
340 001 HOT MIX ASPHALT PAVEMENT,TY D,1-1/2" TNS 250.00 $70.00 $17,500.00 $80.00 $20,000.00
360 001 CONCRETE PAVEMENT(REIN-DESIGN)8"CL P SY 21,945.00 $27.00 $592,515.00 $27.50 $603,487.50
360 002 CONCRETE CURB TY A,6" LF 9,320.00 $2.80 $26,096.00 $3.00 $27,960.00
400 001 STRUCTURAL EXCAVATION(TRENCH) Cy 9,000.00 $5.00 $45,000.00 $5.10 $45,900.00
400 002 CEMENT STABILIZED BACKFILL(2 SACK/C.Y.) Cy 7,006.00 $27.00 $189,162.00 $28.50 $199,671.00
402 001 TRENCH EXCAVATION PROTECTION LF 3,029.00 $1.00 $3,029.00 $0.80 $2,423.20
432 001 RIPRAP,CONCRETE LINING CLASS A,5" Cy 100.00 $185.00 $18,500.00 $210.00 M$2 .00
432 002 CONCRETE SLAB CLASS A,6" CY 20.00 $60.00 $1,200.00 $65.00 00
432 003 CONC.WINGWALL,CLASS A 36"PIPE EA 1.00 $1,600.00 $1,600.00 $1,800.00 00 432 -- CONC.WINGWALL,CLASS A 18"PIPE EA 1.00 $1,300.00 $1,300.00 $1,800.00
00 432 005 RIPRAP,HEADWALL,CLASS A,10"X`"BOX CY 80.00 $400.00 $32,000.00 $750.00 00 464 001 18"RCP LF 74.00 $30.00 $2,220.00 $30.00
.00 464 002 HDPE PIPES 18"INCLUDING TEES AND BENDS LF 1,497.00 $25.00 $37,425.00 $26.00 .00 464 003 HDPE PIPES 24"INCLUDING TEES LF 405.00
$30.00 $12,150.00 $30.00 .00
464 004 HDPE PIPES 30"INCLUDING TEES LF 382.00 $35.00 $13,370.00 $36.00 $13,752.00
464 005 HDPE PIPES 36"INCLUDING TEES _ 576.00 $38.00 _ $21,888.00 $40.00 $23,040.00_
464 006 HDPE PIPES 42"INCLUDING TEES _ _ LF 410.00 $50.00 $20,500.00 $50.00 $20,500.00
464 007 HDPE PIPES 48"INCLUDING TEES 620.00 $56.00 $34,720.00 $60.00 $37,200.00
464 008 HD PIPES 54"INCLUDING TEES _ LF 845.00_ $90.00 $76,050.00 $95.00 $80,275.00
464 009 10'X 8'CONCRETE BOX,C-789 LF 96.00 $530.00 $50,880.00 $600.00 $57,600.00
- - -
465 001 INLET,COMPLETE,TYPEA EA _ 30.00 $1,800.00_ $54,000.00 $1,500.00 $_45,000.00 _
465 002 ! INLET EXTENSION,COMPLETE _ EA __14.00 $650.00 _ $9,100.00 $650.00 $9,100.00_
465 -003----
03 T MANHOLE,COMPLETE TYPE A EA 10.00_ $2,600.00 _$26,000.00 $2,00_0.00 _ $20,000.00
465 004 GRATE INLET,TYPE A _ _ EA _ _ 2.00 $1,800.00 _ $3,600.00 _ $2,100.00_ $4,200.00
465 005___ GRATE INLET,TYPE B _ EA 2.00 $1,750.00 _ $3,500.00 $2,100.00 $4,200.00
465 006 _ JUNCTION BOX,COMPLETE _ _ EA 10.00 $1,400.00 $14,000.00__ $1,500.00 _ $15,000.00
- - -- 7, - -
496 001 REMOVE OLD STRUCTURE,SMALL EA - ---
___ _ 50.00 $350.00 $17,500.00 $300.00 _$15,000.00
CITY OF BEAUMONT
BID TAB
VIRGINIA STREET PAVEMENT IMPROVEMENT PROJECT
PAGE 5 OF 6
BRYSTAR CONTRACTING INC. EXCAVATORS AND
CONSTRUCTORS INC.
Item Item Unit Estimated Unit Total Unit Total Unit Total
No. Code , Alt Description Measure Quantity Price Price Price
496 002 REMOVE OLD STRUCTURE,LARGE EA 1.00_ $8,000.00 $8,000.00 $10,000.00 _ $10,000.00 _
496 003 REMOVE OLD STRUCTURE,PIPE LF 4,900.00 $5.00 $24,500.00 $5.00 $24,500.00
500 001 MOBILIZATION LS 1.00 $275,000.00 $275,000.00 $310,000.00 $310,000.00
502 001 BARRICADES,SIGNS,&TRAFFFIC HANDLING MO 45.00 $1.00 $45A0 $1,000.00 $45,000.00
530 001 DRIVEWAYS,CONCRETE, 6" Sy 100.00 $34.00 $3,400.00 $35.00 $3,500.00
531 001 DRIVEWAYS,CONCRETE, 4" Sy 2,610.00 $27.00 $70,470.00 $27.50 $71,775.00
531 002 4"CONCRETE SIDEWALK Sy 72.00 $28.00 $2,016.00 $30.00 $2,160.00
560 001 MAIL BOX ASSEMBLIES,INCL.STEEL,WOOD,BRICKS EA 26.00 $280.00 $7,280.00 $300.00 $7,800.00
666 001 REFL PAVEMENT MARKINGS,TY I,WH,ARROW EA _ 40.00 $125.00 $5,000.00 $130.00 $5,200.00
666 002 REFL PAVEMENT MARKINGS,TY 1,Y,4" EA 2,200.00 $2.00 $4,400.00 $2.00 $4,400.00
672 001 RAISED PAV MARKERS,TY II-A-A EA 550.00 $6.00 $3,300.00 $6.00 $3,300.00
678 001 PAVMT SURFACE PREP FOR MARKINGS,ARROW _ EA 40.00 $35.00 $1,400.00 $40.00 $1,600.00
5007 001 BALED HAY FOR EROSION CONTROL,INSTALL EA 500.00 $0.01 $5.00 $1.00 $500.00
5007 002 BALED HAY FOR EROSION CONTROL,REM.&RPL. EA 250.00 $0.01 $2.50 $1.50 $375.00
5007 003 BALED HAY FOR EROSION CONTROL,REMOVE _ EA 500.00 $0.01 $5.00 $0.50 $250.00
5009 001 TEMP.SEDMNT CNTRL FENCE,INSTALL LF 10,616.00 $0.01 $106.16 $1.00 $10,616.00
5009 002 TEMP.SEDMNT FENCE,REMV&REPLACE LF 2,654.00 $0.01 $26.54 $1.50 $3,981.00
5009 003 TEMP.SEDMNT CNTRL,REMOVE LF 10,616.00 $0.01 $106.16 $0.50 $5,308.00
5010 001 CONSTRUCTION EXITS,TYPE I Sy 1,248.00 $15.00 $18,720.00 $16.00 $19,968.00
5010 002 CONSTRUCTION EXITS,TYPE I,REM.&RPL. Sy 624.00 $20.00 $12,480.00 $24.00 $14,976.00
5010 003 CONSTRUCTION EXITS,TYPE I,REMOVE Sy 1,248.00 $5.00 $6,240.00 $8.00 $9,984.00
550 001 CHAIN LINK FENCE(6 FEET) LF 100.00 $7.00 $700.00 $20.00 $2,000.00
SANITARY SEWER MAINS
1 8"SANITARY SEWER LINES,PVC SDR 35 LF 2,549.00 $55.00 $140,195.00 $54.00 $137,646.00
2 10"SANITARY SEWER LINES,PVC SDR 35 LF 923.00 $57.00 $52,611.00 $56.50 $52,149.50
3 12"SANITARY SEWER LINES,PVC SDR 35 LF 89.00 $85.00 $7,565.00 $90.00 $8,010.00
4 REPLACEMENT OF SAN SEWER MANHOLE,COMPLETE EA 4.00 $2,150.00 $8,600.00 $2,200.00 $8,800.00
5 FURNISH&INSTALL SAN SWR MANHOLE,COMPLETE EA 9.00 $2,000.00 $18,000.00 $2,000.00 $18,000.00
6 KILL EXIST MANHOLE IN PLACE,COMPLETE EA 9.00 $500.00 $4,500.00 $550.00 $4,950.00
7 REP OF SAN SWR 4"PVC SHORT SIDE,COMPLETE _ EA 16.00 $430.00 $6,880.00 $400.00 $6,400.00
8 _ REPLCMT OF SAN SWR 4"PVC LONG SIDE,COMPLETE EA 21.00 $1,075.00 $22,575.00 $1,100.00 $23,100.00
9 TRENCH SAFETY PLAN(SEALED BY P.E.) _ LS 1.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 _
10 TRENCH SAFETY SYSTEM(EXCAV PROTECTION) LS 1.00 $4,000.00 $4,000.00 $5,000.00 $5,000.00
WATER MAINS
1 ! 6"PVC PIPE(C-900),CL 150,CMPLETE LF _ 456.00 $60.00 $27,360.00 $50.00 $22,800.00
12"PVC PIPE(C-900),CL 150,CMPLETE LF 4,632.00 $50.00 $231,600.00 $42.50 _ $196,860.00
3 _ _ i 2"PVC PIPE SDR 26,160 PSI,ASTM D2241,COM PLETE LF_ _ 57.00 $20.00 -$1140-.-06 _, _$20.00 _ $1,140.00
4 4"PVC PIPE SDR 26,160 PSI,ASTM D2241,COMPLETE LF 57.00 $25.00 $1,425.00 $30.00 $1,710.00
5 1-HOPE PIPE P.E.3408,SDR 9,200PSI,LONG SIDE EA 16.00 $750.00 $12,000.00 $800.00 $12,800.00
6 1"HDPE PIPE P.E.3408,SDR 9,200PSI,SHORT SIDE _ EA 21.00 $440.00 $9,240.00_ $450.00 _ $9,450.00 _
7 _ _FIRE HYDRANT,COMPLETE _ - - - EA_ _ __ 8.00 $2,750.00 $22,00000_ $2,500 00 $20,000.00 _
8 T 2"CURB STOP _ EA 1.00_ __ $400.00 $400 00 $450 00 $450.00
9_ 12"X 12"X 6" MJ TEE,COMPLETE _ EA 7.00
- --
_ __, _ $630.00 $4 410 00_ __ $650 00 _ --$4,550.00
CITY OF BEAUMONT
BID TAB
VIRGINIA STREET PAVEMENT IMPROVEMENT PROJECT
PAGE 6 OF 6
BRYSTAR CONTRACTING INC. EXCAVATORS AND
CONSTRUCTORS INC.
Item Item Unit Estimated Unit Total Unit Total Unit Total
No. Code Alt Description Measure Quantity Price Price Price
10 --12-X12- X4- MJ TEE,COMPLETE EA 1.00 $620.00 $620.00 $600.00 $600.00
11 12"X6"CROSS,COMPLETE EA 1.00 $1,100.00 $1,100.00 $1,200.00 $1,200.00
12 4"RESILIENT GATE VALVE EA 1.00 $500.00 $500.00 $500.00 $500.00
13 6"RESILIENT GATE VALVE EA 10.00 $600.00 $6,000.00 $620.00 $6,200.00
14 12"RESILIENT GATE VALVE E4 6.00 $1,600.00 $9,600.00 $1,800.00 $10,800.00
15 PLUG EXIST.WATER MAIN,MJ CAPS,COMPLETE EA 2.00 $700.00 $1,400.00 $800.00 $1,600.00
16 TRENCH SAFETY PLAN(SEALED BY P.E.) LS 1.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00
17 TRENCH SAFETY SYSTEM(EXCAV PROTECTION) LS 1.00 $1,600.00 $1,600.00 $2,000.00 $2,000.00
TOTAL COST $2,935,081.76 $3,101,893.25
3
March 16,2004
Consider approving a contract to provide collection services for Municipal Court
P.M.V~ City of Beaumont
�• Council Agenda Item
A ` W g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 10, 2004
REQUESTED ACTION: Council consideration of a contract to provide collection services for
Municipal Court.
RECOMMENDATION
Administration recommends awarding an annual contract to Linebarger,Goggan,Blair,and Sampson,
LLP of Beaumont, Texas for providing collection services for Municipal Court.
BACKGROUND
City Council approved an ordinance on October 7,2003 in accordance with the 2003 amendment to
the Texas Code of Criminal Procedure Article 103.0031 authorizing a 30%up-charge for all court
fines and fees more than sixty(60)days past due. This amount is paid by the defendant and does not
reduce the amount of collected monies retained by the City. This up-charge applies to all cases
placed for collections after October 7, 2003. Only certain delinquent cases that were placed for
collection prior to that date can be charged with a 30%up-charge. All other delinquent cases placed
for collection prior to that date are subject to a collection fee. The collection fee is a percentage of
the total amount collected by a collection agency and therefore reduces the amount of monies retained
by the City.
The City placed nearly 11,000 citations representing 4,698 defendants and totaling approximately
$2,067,000 with a collection agency during 2003. Proposals were solicited from eleven (11)
collection agencies and seven(7)proposals were received. A summary of the proposals that were
received is attached for review. Criteria for selection was based upon the scope of services offered
and demonstrated experience with collections of this nature and magnitude.
While Capital Recovery of Gahanna, Ohio quoted the lowest collection fee, they have the fewest
years of overall experience and they failed to provide any references or evidence of experience with
any court collections in the State of Texas. The proposal received from Linebarger,Goggan,Blair,
and Sampson,LLP of Beaumont,Texas indicated the most desirable combination of experience and
Collection Services Contract for Municipal Court
Page 2
March 10,2004
services offered. They have twenty-five (25) years of court collection experience in the State of
Texas. In September 2001,the City contracted with the law firm of Linebarger,Goggan,Blair,and
Sampson,LLP to provide collection services for Municipal Court. The term ofthis contract was two
(2)years and it has continued on a month-to-month basis following the initial term. The new contract
under consideration is for one(1)year with the option to renew the contract for two(2)additional
one(1)year terms. Based on the proposal presented by this firm and the favorable experience with
them since September 2001,the Administration recommends awarding the contract to Linebarger,
Goggan, Blair, and Sampson, LLP.
BUDGETARYIMPACT
The majority of fees for collection services will be paid by defendants through the 30%up-charges
resulting in no cost to the City. While some cases placed for collections prior to October 7, 2003
would be subject to a 15%collection fee,the City would retain 85%of the amount collected on such
cases. The overall budgetary impact would be the recognition of income from delinquent fines
collected.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY:
City Manager, Central Services Director,and Finance Officer
REQUEST FOR PROPOSALS-COLLECTION AGENCY SERVICES-MUNICIPAL COURT
Capital Recovery Linebarger Mun Svc Bureau Penn Credit Maximus MAF Collection Rickenbacker
SCOPE OF SERVICES(50 Gahanna, OH Beaumont, TX Austin, TX Harrisburg, PA Reston,VA Tampa, FL Gilroy, CA
°l0)
Fees quoted in proposal:
All cases placed after 10/7/03 30% up-charge 30% up-charge 30% up-charge 30% up-charge 30% up-charge 30% up-charge 30% up-charge
Cases with a final judgement 30% up-charge 30% up-charge 30% up-charge 30% up-charge 30% up-charge 30% up-charge 30% up-charge
placed prior to 10/7/03
Fee for all other cases 9% 15% 15% 19% 20% 30% 30%
placed prior to 10/7/03
Stated Recovery Rate 23%to 60% 32.8% 30.85% not stated 65% not stated not stated
Minimum Range of Services yes yes yes yes yes yes yes
provided as requested in RFP
(letters,skip-tracing,etc.)
EXPERIENCE(50%)
Number of years in business: 8 years 25 years 13 years 49 years 29 years 46 years 23 years
Municipal Court experience yes yes yes yes no no no
clearly indicated in proposal
References from other Courts yes yes yes yes no no no
provided in proposal
State(s) of experience OH TX TX Nationwide Nationwide FL CA
4
March 16, 2004
Consider authorizing the City Manager to execute a lease agreement for the relocation of
Emergency Medical Services Unit No. 4 (Medic 4)
City of Beaumont
�•
Council Agenda Item
� - M g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 9, 2004
REQUESTED ACTION: Council authorize the City Manager to execute a lease agreement for
the relocation of Emergency Medical Services Unit No. 4(Medic 4).
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a three(3)year lease agreement
with Mr. David Derharoutian for property located at 8155 Phelan Boulevard in the amount of$800
per month.
BACKGROUND
EMS Medic 4 is currently located at 6490 Calder Street. The unit has been located at this address
since December 1998,providing emergency medical response to the west portion of the City. Two
paramedics and an ambulance are stationed at this location on a 24-hour, 7 days per week basis.
The location was originally leased from Magic Car Wash of Beaumont, Texas. Magic subsequently
sold the property, along with its commercial operations, to Oasis Car Wash of Dallas, Texas. Since
the sale of the property, the new owners have allowed the property to deteriorate to a condition
which is no longer suitable. Numerous communications with the company's local representative and
Dallas staff have failed to generate improvements to the building.
The City is currently a tenant in the facility on a month-to-month basis. Prior attempts to renew the
term of our lease agreement have also failed with the new owner. A rental fee of$700 is paid per
month.
Due to the condition of the building, and the uncertainty of City being able to secure future lease
agreements, staff located an alternate site for the station. The new facility is located at 8155 Phelan
Boulevard. This location is approximately one(1)mile west of the unit's present station. According
Lease Agreement- EMS Medic 4
March 9, 2004
Page 2
to EMS staff,the new site provides the same access to the west portion of the city because of easy
entrance onto Phelan Boulevard. Coverage of other areas is not compromised by moving the station
because of the site's location on a major arterial street. Better response times are expected in the
developing areas along the north end of Major Drive.
The building's owner,Mr. David Derharoutian, no longer lives in this area so he is using American
Real Estate to broker the lease agreement. The lease provides for a three(3)year term and a rental
fee of$800 per month. As provided at the current unit location, all utilities are paid by the City.
Minor maintenance of the facility, such as A/C filter replacement and grounds maintenance, will be
the responsibility of the City. A copy of the proposed agreement in its substantial form is attached
for your review.
EMS staff expects to occupy the new facility by April 1, 2004.
BUDGETARY IMPACT
Funds for the$800 per month rental fee are available in the EMS Division's operating budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Health Director and Central Services Director.
Von :Dr. E-,�Ia Derharoutian 05085-1222 26. Jan 2004 15:33 S10
JAPd-'r.6-2 a 11:57 AMERICAN RE WE_T PARK 469 866 4473 P.03/123
TEXAS ASSOCIATION OF R.EALTORS1
COMMERCIAL LEASE ACCEPTANCE FORM
USE Of TWIG FCQU BY PERSONS%M40 ARE NOT 1JENBERA OF THE TExiSASSWjAT10N OF REALTORSO IS NOT AUTHOPIZED.
OTew Ao dOW"N RE"70RM Mc.MW
ACCEPTANCE OF THE LEASE=D PREMISES At @155 P}ic9ielp.,. Beaumo .�>X7770�C
REGARDING THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES.
A. Tenant has inspected the leased premises. Tenant acknowledges that Landlord has substantially
completed any improvements, construction, repairs, or other work required by the lease. The condition of
the leased premises is acceptable to Tenant for the purposes of the lease. On or before
- , Landlord will complete the following (punch list):
If Landlord fails to Complete the punch list by the time required,Tenant may exercise Tenant's remedies
under the default paragraph of the above-referenced lease.
8 The parties ratify the lease and confirm the following:
(1) The term of the tease is for_ --ff—340 months and days.
(2) The Commencement Date of the lease is rnibranzo
(3) The Expiration Data of the lease is .._ -3l,
C. Special ProvI51orm:
SIGN
HERE
'•City oP Beaumont i M a David Derharoutiail
•Yenant Landlorrd�-�
. . . . '•'BY By S� t�. ��Q.�A� X11-22/2004
Date Date
Tenant Landlord '--
By .....�. By
Date Date
(TAR-2113)6-7-02 Pang 1 of 1
Ancrian Rcal Estatc 3550 Down Sit A. Sraarnonl TX 77706
Phone/098669129 Fax: 4058664473 KcUi14&RCrs 1'S7S90AT7Fa
HoeucWU"ZW&Mw by RE VW111 f.LLC 18=rAW%Is 4ca4 CkAon Tamut,e.W t m 16006,(100 aa"04
TQTAL P.03
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Uon :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:33 S11
J44-N-20C14 11:57 AMERICAN RE ICIEST PARK 409 866 4473 P.01iO3
40P
TEXAS ASSOCIATION OF REAL,TORS
COMMERCIAL LANDLORD'S RULES AND REGULATIONS
USE OF THIS low Qr►Croons WMo ARE NoTNEWfiEna of THE TuAs AssamnoN of A@,&4TgriN M WOr AUTMoAM.
f?o...A..."*-.rAFALTORam,tee.riw03
REGARDING THE COMMERCIAL LEASE CONCERNING THE LEASED PREMISES AT 8155 Phe3,ari.
Bed}im?s't. TIC 77706
N ��
NOTICE: These rules and regulations are adopted to maintain and enhance the safety and appearance of the
Property.
for whleh
Under the above-referenced lease, Tenant agrees to comply with these rules end
regulations Exceptions or waivers must be authorized by Landlord In writing.
`Property" means the building or complex in which the leat39d promises aro located, Inclusive of any common
areas, drives, parking areas, 2nd walks.
A. Goods, merchandise, equipment, or any personal property may not be, stored on the Property, except for
inventory within the leased premises necessary for Tenant's normal business operations.
B. Food Is not permitted on the Property except for a small amount of food for Tenant's personal consumption.
C. Other then those provided by Landlord or specifically authorized by Landlord, no vending machines are
permitted on the Property.
E. No animals may be brought or kept on the Property. bU 1 LVU W\LT
F. No obstruction or interference that impedes use of the common areas,walks, drives, loading areas. parking
areas.corridors, hallways.vestibules,and stairs is permitted on the Property.
G. Persons parking on the Property muse. comply with all posted signs and directions regulating the parking
areas.
H. No flammable, toxic, noxious, or hazardous materials may be kept on the Property except for
over-the-counter cleaning materials kept in enclosed storage closets or cabinets.
I. Tenants moving in or out of the Property must use only the service entrances and service elevators during
the move. All moves must be made at times that do not cause inconvenience in the normal use of the
Property.
J. deliveries and shipping of goods and merchandise in or out of the Property must be made only through the
service entrances, service elevators, Idedinq docks, or other designated shipping and receiving areas.
Shipments and deliveries must be made at times that do not cause Inconvenience to tenants or patrons on
the Property.
K. Leased premises must be kept clean and free of debris. Trash must be deposited into appropriate
receptacles.
(TAR-2108)6.7-02 Page t of 2
A mc-leoa Rra1 SARte 7310 Dowee Sic A,Beaumant TX 7=6
Ph*nc.4091"0120 Fax: •099W-171 Keili lvanal T375906%ZFX
ftn4rNe"I"ErAnm}a 06 9MMo w LLC 1KOY fY{.en Mtr POW.COM O Y,wnany.KIWI`*an A4Md.WWI]Hold L
1
Uon :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:33 S12
:'44-26-2004 11:5? At1ERICAh: RE WEST PARK 409 e6E 4473 P.UVO3,.
8155 Phelan, Beaumont, TX 77706
Landlara's Ruler.and Regulations concerning
L. Repair requests must be submitted to Landlord in writing in compliance with the lease.
M No mod'if'ication to the Property and leased premises may be made unless authorized by Landlord, in writing,
or permitted by the lease.
N. No illegal or offensive activity is permitted on the Property nor is any activity that constitutes a nuisance or
interferes with the rights of other tenants.
O. Unless specifically authorized by Landlord, no solicitation or business operations are permitted in the
common areas.
P. Qtr:
ALL IM8ROMOR TS WILL STAY WITH THE PROPERTY 8155 PMELAN, amAuxoxT, TExAs
cc
OA EQ CEIPT BY G NDL D •A�.1
Receipt ecknowledgetl by: � _ (Tenant)
CITY or MAUMr)NT E.M.S.
on_ (Date)
(rAR•2108)6-7-02 Page 2 Of 2
VrOduad wlh rcft^"D,RE Formska.LLC 1407E ilnsa ur.O—Ot PjWwA t,.•"o.U*ha.,AOX V.044=34M& r.sa.an•arw
Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:34 S13
MA-26-200d 11151 AMERICAF, RF_ WEU PARK 409 866 44?; $d/F-
TEXAS ASSOCIATION OF REALTORS@
COMMERCIAL LEASE ADDENDUM FOR BROKER'S FEE
VSE OFT 1rS FOMt BY VEit94NC MhtO nA .oeuven N REA m.n rtyAs tAnOr OF RMTORSO IS NOT AUYA,'Q„:D
Slow"x.
ADDENDUM TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED LANDLORD AND TENANT
CONCERNING THE LEASED PREMISES AT 8155 Phelan, Beaumont, T% 7770E
A. Leasina Fees:All leasing fees are lamed when the above referenoed lease is executed.
{1} David Dorharouta.aa _ will pay Principal Broker a leasing fee
calculated and payable as follows:
(a) %of all base monthly rents to be paid for the term of the lease payable as follows:
one-half of cuch amount at the time Landlord and Tenant execute the lease and the remainder
on the date the lease commences.
(b) % of all bake monthly rents to be paid for the term of the lease payable as follows:
X❑ (c) 10Uof the Iaageil/2 naya!;lo Fe"DXu._-x_.15,2004, 1/2 gg1gt 15 20
(2) y __.. will pay Cooperating Broker a leasing fee
calculated and paysEi as follows:
I❑ (a) %of all base monthly rents to be paid for the term of the lease payable as follows:
aree-iOlf such amount at the time landlord and Tenant execute the lease and the remainder
on the date the lease commences.
(b) _%of all base monthly rents to be o®id for the term of the lease payable as follows:
B. Rene�w�l-� Expansion Fees. if Landlord and Tenant subsequently extend, renew, or expand the�naes�'
including a new lease for mare, less, or different space in the Property or in an other property
controlled, or managed by Landlord, the brokers will be paid the fees set forth below. The fees will be
earned and payable when the extension, renewal, expansion or new lease is executed or commences,
whichever is earlier.
(t) _ bay• Derh t:Latn wiil pay Principal Broker a renewal fee of:
(a) 10.000 %of all base monthly rents to be paid for the term of the extension, renewal,
expansion, or new lease.
%tor,4
C] (b) - - -�•
,t .2102)e^7-G2 Initiele+d for Identifical�n by Tenants:
wzo:_ ,and Lnndlord:�'°Y`"—. Page t of 2
Amencm Real Fslut 3550 Dvwen sm A, aawoet TX 77!06 T5159067 ZFX
nnr.¢DVttin9t Z4
Par. 469W4477 K<►I;Man is
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Von :Dr. Eida Derharoutian 05095-1222 26. Jan 2004 15:34 S14
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t3; wit psy CObp&VdN 8ftMr a rarurerel*4 nip
of d bsae momhN MYA to be Wd far the tartn of tt+n anal+ Minn,mneWal,
r Ex—mn�on,cf►rasw lease.
C. Fps m x E�. �$_ :If tN na"VM rm lea*is in Offoct yr tluft any titm'Tbn mt Owuws the
)*seem prtx Es",+twit ft any alfltt*M retawW,to expwziare,Tenant to puralme the Waxed
omf6"s or Properly by om or wrbw eay�eenv lM or'opgon,brokers wall be p*W d***&f orael roses:W IQCth
b"m.ThA*d* oW Se"vAA bet owned At the itrrte l=Word arts;TAAW.Haber vft on soreaineret for V*
taia. peutTaasae, or nptim for ft *MM prerrins or Pr"dy, aria are payable* ft t m tno saio or
wurcAsaratloeaas.
t 1) aD>amtd� a Sri _ wtit per+PdrtOl W Broftr an 960ON'¢sl tae oi:
V.of the&Awe Ake fir the zurcharaea.
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r: ' a U rK!!ud,Tytsa+tl,or*ny brokw Is a omwaWng party to ar y k4o yroesadtng broatgt+t aaa a
ttnult ift a,ktrlar ffria adivelum or wV iranrachm reAted to or conw mml by tMa addarck",
vAb tlei'tY W to arrBe+led to rwcmw frame the r+Orrpte-' wftt all ooft tO wch proceadtrtp,
pr*dqFreant intsa`ait and remet,ftaabis vtW#Y%y5a fool
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Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:23 S1
41 .26-2_W4 M:52 ANER.DS## RE- LlEc7 KR'K 40S 666 4473 P.03/;2
40P0o/ Y-09 W666
TEXAS ASSOCIATION OF REALTOR39
COMMERCIAL LEASE
USE W Tw13 FORM e r PERSON*thiOAPE NOT 11ENDPA3 C<7M'tXA6 AWYO0%4.r-ON OF REALTOR%IS 06T AIPNOAQAO.
Wame ANoola m of KALTE M.Int.2MI
�..�.�. Yitbl9 Of Contents
fro. ParMragh Description
Pg� No. earagraph Dr criplign P
1 Parties 2 I 22. Holdover i 1
2. Leased Premises 2 23. Landlord's Lien&Security Interest '1
3. Term 2 24. Asi;i9nrnent and Subletting 11
A. Term 25. l2etocatlon 11
B. Delay of Occupancy 26. Subordination 11
a. Rent and Expenses 3 27, Estoppel Certificates 12
A. Base Monthly Rent 28. Casualty Lose 12
8. First Full Month's Rent 29, Condemnation 12
C. Prorated Rent 30. Attorney's Fees 12
D. Additional Rent 31. Representations 13
E: Place of Payment 32. Brokers 13
F. Method of Payment 33. Addenda 13
G. Late Charges 34. Notices 14
H. Returned Checks 35. Special Provisions 14
5. Security Deposit 4 35. Agreement of the Parties 14
6. Taxes 4
7. Utilities 4 ADDENDA&EXHl l3ITS_nheok a it tEtat ap�ly,�
S. Insurance 5
9. Use and fours 6 Exhibit
10. Legal Compliance 6 Exhibit
11 Signs 7 C3 Commerdal Lease Addendum for Broker's Fee
12. Access By Landlord 7 Cl Cammercxal Lease Expense Reimbursement
13. Move-In Condition 7 Addendum
14. Move-Out Condition 7 a Commercial Lease Addendum for Extension
15. Maintenence and Repairs a Option
A. Cleaning l 0 Commercial Lease Addendum for Percentage
B. Conditions Caused by a Party Rent
C. Repair&Maintenance Responsibility m
r Comerclal Lease Parking Addendum
D. Repair Persons �-] Commercial Landlord's Rules and Regulations
E. HVAC Service Contract d Commercial Lease Guaranty
F: Common Areas commercial r ease Right of Fast refusal
G. Motice of Repairs
H. Failure to Repair ( 0 Commercial Lease Addendum for Optional
16. Alterations 9 Space
17 Liens 6 � d Commercial Leasehold Construction Addendum
18. Liability 10 0 - ---�- -
19. Indemnity 10 - -------�----
20. Default 10
21. Abandonment, Interruption of Utilities,
Removal of Property&Lockout 10
%N1P-le
l
D_(TAR-2101)6.7-42 Initialed for identificatian by Tenants: ---&, ,and Latxfltsrl: Papa 1 V 15
Arrcnex:l Rcxl F_siue 1550 DIL*(z Sty A. &2u nw?X"7706
Pnzne.401664129 F2:4- 409$654173 MIN Manete TSTS9Gb'�Z'�
vemu"d Xon z "Rn w ay At rd"01 4 LLC!W39 14asp 144 Moat C4�tnr 7arrhh,11MM;y r.asC`Di,.!MCI S".96W
Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:24 S2
Jrr-26-2 C3:�G AMERICA RE WET PART. 409 866 4473
TEXAS ASSOCIATION OF REALTORSO
COMMERCIAL LEASE
USE or j,"Q FOFIM 3Y PegSQiJS vYH0 ARE W>TNEWBERS of THE TEXAS h530%UTr(7H CF AEALTORBS iS 001 AUTHOROW
6T490 A>V66 OM at R"L'ORS'A.IhC.ZM
1. PARTIES:The parties to this lease are.
Tenant: city olt�.. •mumo�c- - - ._ _ _ ._
.201 wn - aL9 �9 �?A32"1 _ , and
,�
Landlord: Pmid. Dsrhaxout:iaa � V.(�AD .?��d 4 , and
2. LEASED PREMISES:
A. landlord leases to Tenant the following described tea! property, known as the"leased premises,"along
with all its improvements(Check only one box):
❑ (1) Multiple-Tenant!?Ugpertv; Suite or Unit Nurnher . containing approximately
square feet of rentable area in (building name)
at —
(address)in __ _ (City), (county),
Texas,which is legally described on attached Exhibit or as follows-
3x (2) finale-JgnanPro=rty: The real property at: _. _.. . ei55 Phelan
(address)in
nt rclryy), aeffarsoy�.. _ (county), Texas, which
is legally described on attached Exhibit c Will I,9 amg-ABS,"_ or as follows:
X72-A AP-6 �S3 acre
B. If Paragraph 2A(1)applies:
(1) "Property" meena the building or complex in which the leased premises are located, inclusive of
any common areas,drives,parking areas,and walks;and
(2) the parties agree that the rentable area of the leased prerises may not equal the actual cr useable
area within the leased premises and may include an allocation of common areas in the Property.
3. TERM:
A. TeXrm:The term of this lease is a- months and days,CommenrAng on:
AVQ�. - —Risk (Commencement Date) and ending on
MAI" 21 , 2og�-T (Expiration Date).
(TAR.21,01)6-r'-02 Initiated for Identification by Twants: ..... _.. and Lxrxll(x Page 2 of 15
4WRE
We11,M.7+dn Zdam'•a 4k aormeMa4 ue+�CYf:r4,an Wr ate.G.nw.1',r.Wi„w+,p.+�lvtZi Wtitr S?1-tltlCi )-S7fOGt7 7YY.
I
Jon :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:24 S3
JR1-26-2M4 10'2-4 AMEP,ICAN PE 4JE5T PARK 409 866 4471 P.0/06
8155 Phelan
Commercial Lease concerning: AMAII taunt, TZ 77706
B. Qelay of Occupancy.If Tenant is unable to occupy the leased prernises on the Commencement Date
because of construction on the leased premises to be completed by Landlord that is not substantially
complete or a prior tenant's holding over of the leasod premises, Landlord will not be liable to Tenant
for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement
Date will automatically be extended to the date Tenant is able to occupy the Property and the
Expiration Date will also be extended by a like number of days, so that the length of this lease remains
unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the
Commencement Date because of construction on trio leased premises to be completed by Landlord
that Is not substentially complete or a prior tanant's holding over of the leased premises, Tenant may
terminate this leave by giving written notice to Landlord before the leased premises become available
to be occupied by Tenant and Lardlord will refund to Tenant any amounts paid to Landlord by Tenant.
This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs.
C:. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for
thb leased premises if required by a governmental body,
4. RENT AND EXPENSES:
A. Base Monthly Rent: On or before the first day of each month during this lease Tenant will payTn l-,Wmokii:2
from_ _ to $
from to
from to _ $ ;
from to
from
First Full Month's Rent The first full base monthly rent is due on or before --mae-elkno 1.2004
H Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will
pay Landlord as prorated rent, an arlount equal to the base monthly rent multiplied by the following
fraction: the number of days from the Commencement Date to the first day of the following month
divided by the number of days in the month in which this lease commences. The prorated rent is due
on or before the Commencement Date.
D. Additional Rents In addition to the best monthly rent and prorated rent, Tenant will pay Landlord all
other amounts, as provided by the attached(Check all that apply):
p (1) Commercial Expense Reimbursement Addendum
Ca (2) Commercial Percentage Rant Addendum
(3) Commercial Parking Addendum
Q (4)
All amounts payable under the applicable addenda are deemed to be "rent' for the purposes of this
lease.
E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person
at the place stated or to such other person or place as Landlord may later designate in writing:
Name: DAVID DERIAlt:MIAAM UTACY MM-Ma. T—AR M,-EPERAL CREDIT Unio__
Address:
!TAR-2101)8.7.02 lrldaled for Idery0cation by Tenants- and Landlord; Page 3 of Is
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r(0&M V M LVrQM—CY ftC to-O E.uG 10=r9=n MN w.u,Gwovi!w0:snK nxar,�y.,, C7Ji,fowl aoa+ak ?S7S.067.ZrX
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Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:25 S4
Ni-IS-201214 08:5-, AMEFICFV. RE PAKt; 409 8ES 44'73 P.e61-22
$155 E+holan
CO'nmercial Lent toneennng: jjMgm- ' a..'� 7�7706—
F. Maihod of Payment: Tenant must pay ali rent timely without demand, deduction, or offset, except as
permitted by law or this lease. If Tenant faits to timely pay any amounts due under this lease or if any
check of Tenant is returned to Landlord by the Institution on which it was drawn, Landlord after providing
written notice to Tenant may require Tenant to pay subsequent amounts that become dire under this
lease in certified funds. This paragraph does not limit Landlord from seeking other reredies under this
Lease for Tenant's failure to make timely payments with good funds,
G. Late Charges; If Landlord does not actually raceive a rent payment at the designated place of payment
within 5 days after the date it is due, Tenant will pay Landlord a late charge equal to 5`Yo of the amount
due. In this paragraph, the mallbox is not the agent for receipt for Landlord. The late charge is a cost
associated with the collection of rent and Landlord's acceptance of a late charge does n'nt waive
Landiord's right to exercise remedies under Paragraph 20.
H. Returned Checks: Tenant will pay$�� (not to exceed$25)for each check
Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus
any late charges until Landlord receives payment.
S. SECURITY DEPOSIT:
A. Upon execution of this lease, Tenant will pay$800.00 to Landlord as a security
deposit.
S. Landlord may apply the security deposit to any amounts owed by Teriant under this lease. If Landlord
applies any part of the security deposit during any time this lease is in effect to amounts owed by
Tenant. Tenant must. within 10 days after receipt of notice from Landlord, restore the security deposit to
the amount stated.
C After Tenant surrenders the leased premises to Landlord and provides Landlord written notice of
Tenant's forwarding address, Landlord will, not later than the time required by§93.005, Texas Propery
Code, refund the security deposit less any amounts applied toward amounts owed by Tenant or other
charges authorized by this lease.The parties agree that Landlord acts in good faith if Landlord accounts
for the security deposit within the time stated.
G. TAXES: Unless otherwise agreed by the parties. Landlord will pay all real property ad valorem taxes
assessed against the leased premises.
7, UTILITIES:
A. The party designated below will pay for the following utility charges to the leased promises and any
connection charges for the utilities.(Chock aU that apply.)
(1) Water NA Landlord Tenant
(2'1 Sewer j
(3) Electric x
( Gas j 0
(5?5) Telephone
(t6) Trash 3 0
C7) Cable 0 0
(9) All other utilities _ -� �r�Tjq! d 0 Q
(TAR-2101)6-7-02 Initialed for fdenctfimrion Cy Tenams: and landtor ° Page 4 of 15
Prsareoe Wm?bona-a ro rormcre,ue lsa:g 40116.1 M%AOad. MXhjW As=,;8001wl.2E 'I 5750672FY
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Uon :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:25 S5
Jk4-2E-20C,4 08:53 1AMERM-F)ty RE WEST PARY" 409 266 4473 P.C..?.'�'
8155 Phelan
Cernrnefciai Lease concerning. Beawant, '1'x 777Q ,-, ---
B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility
service provider. The responsible party may select the utility service provider except that if Tenant
selects the provider any access or alterations to the Property or leased premises necessary for the
utilities may be made only with Landlord's pear consent, which Landlord will not unreasonably withhold.
If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and
Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse
Landlord sijch amount
C Notice: Tenant should determine if all necessary utilities are avaiiable to the teased premises and are
adequate for Tenant's intended use,
i7. After-Hours HVAC Char es:"HVAC services" means the utility expanses to heat and cool the leased
premises. (Check one box only:)
Q (1) Landlord is obligated to provide the HVAC services to the Leased premises only during the
Property's operating hours specified under Paragraph 9C.
(2) Landlord will provide the HVAC services to the leased premises during the operating hours specified
under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC
services to the leased premises during other hours for an additional charge of$
per hour. Tenant will pay Landlord the charges under this paragraph Immediately upon receipt of
Landlord's invoice. Hourly charges are charged or, a half-hour basis. Any partial hour will be
rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request
to provide the additional HVAC services under this paragraph.
(3) Tenant will pay for the HVAC services under this lease.
8. INSURANCE:
Oil tiffleS thig 1699e iS 11`1 eliFeeti:;eMMFA F.91:154. Ot T-^AQRVR OMPSAGO, MelnfQIR in full lame and-.,e
an insurer authorized to operate in Texas:
(t) pu 'ability insurance in an amount not less than $1,000,000.00 on an occurrence b ' naming
Landlor n additional Insured;and
(2) personal prope amage insurance for Tenant's business operations air tents on the leased
premises in an m-noun icient to replace such contents a!dewith r a cis loss.
B. before the.^.om1118r1C8ment Oats, Tena st provide L a copy of the insurance certificates
evidencing the required coverage. If the incur erage changes in any manner or degree at any
time this lease is in effect, Tenant must, not an a after the change, provide Landlord a copy
of 8r insurance certificate evidencin iange.
C. If Tenant falls to maintai required insurance in full force and effect a 'mes this lease is in effect,
Landlord may:
00 porch nsurance that will provide Landlord the same coverage as the require• urane6 and
ant must immediately reimburse landlord for such expense:or
exercise Landlord's remedies under Paragraph 20.
0. Unless the parties ag.w otherwise, Landlord will, at Landlord's expense, maintaln In full force and effect
insurance for fire and extended eoverege in an amount to cover the reasonable replacement cost of the
improvements of the Property and public lie -,1
reasonable and appropriate. urance 01 an amount that Landlord determines
(TAR-2101)6-7-02 Initiated for Identificstion by Tenarntt and Landio�d: 17 ..----- Page 5 of 15
R,�"
aaLead with irroFon*"M IIF FormaHo,u G 1�p5'A+.n M t 9nih.Barron row d1�,M G•ban ted]�loon:�L�19MS T5739067 2 Rk
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Von :Dr. Eida Derharoutian 05085-12.22 26. Jan 2004 15:26 S6
nritR1 C-At A RE WFE T R-IRK 409 8F S 4473 P-0C/
$155 Phelan
Gominercial Lease concerning: B®aumnnt.,,- 3 772,¢6___,E. If there is an increase in Landlords insurance premiums for the leased premises or Property or its
contents that is caused by Tenant, Tenant's use of the Leased premises, or any improvernents made by
or for Tenant, Tenant will, for each year this lee. is in effect, pay Landlord the increase immediately
after Landlord notifies Tenant of the increase. Any charpc to Tenant under this Paragraph 8D will be
equal to the ac.�tuai amount of the increase in Landlord's insurance premium.64W,,sW0
t1GsE OF: -r- Lilaoscm Ip12r�MtSe�
9. USE AND HOURS:
A. Tenant may use the leased premises for the folloyvi tg purprise and no other, , argencv_
B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased
premises during business hours that are typical of the industry in which Tenalyd represents it operates,
'" The Property maintains operatin ho rs of (kfreci�yhours,.,aBVIS of we k., �n��'n.usive ore .1 Si ofd
weekends and Holidays) __.Y ho
10. LEGAL COMPLIANCE:
A. Tenant may not use or permit any part of the leased premises to be used for
(1) any activity which is a nuisance or is offensive, noisy, or dangerous;
(2) any activity that interferes with any other tenant's normal business operations or Landlord's
management of the Property;
(3) any activity that violates any applicable law, regutaition, zoning ordinance, restrictive covenant.
governmental order, owners' association rules, tenants' association rules, Landlord's rules or
reguiet6ons, or this lease;
(4) any hazardous&,;Uvity that would require any insurance premium on the Property or leased premises
to incxease or-that would void any such insurance;
(5) any activity that viatates any applicable federal, state, or local law, including but not limited to those
laves related to air quality, water quality, hazardous materials, wastewater, waste disposal. air
emissions, or other environmental matters;
(6) the permanent or temporary storage of any hazardous material: or
(7)
S. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material,
hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law.
regulation, ordinance, or rule ez!sting as of the date of this lease or later enacted.
0. landlord does not represent or warrant that the leased premises or Property conform to applicable
restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio
requirements, and other matters that may relate to Tenant's intended use. Tgnent mulg„satlsfv iksglF Lhat
the leased premise;~tit§y on-gint intenclarbig.independentiv Investiaatir4 all matte's related to
the use of th+e leased„-premise or Prc a urges that it is r, t re(yia on any warm;ity ar
presentation mad or:Tc-' any broker conccri�i the use of the based
premises or Property. _
ITAR•2101)5-7-c2 Initialed W identilkation by Tenants, ,erd Landle"FPF, � Peye 6 of 15
��,�rd+T�R�+n+�by ari Fv+"d+n.llG+aG2s Fno.n rule aa"e.cti�r..rs+ws.+nucgxayo�s,;Kwr;�,avoa r57s�aa^zra
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Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:29 S1
141-��20ed E9:'4 01'lERiCAN RE 4E�T rPAPK.
409 866 4473 P.09f Q2
Bins 7re1an
Corrnnerdal Lease wncemirg: 13ea3XA2=_. TF,_77706-
11.SIONS:
A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without
Landlord's written consent. Landlord may remove any unauthorized sign, and Tenant will promptly
reimburse Landlord for its cost to remove any unauthorized sign.
6. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental
order relating to signs on the leased premises or Property. Landlord may temporarily remove any
authorized sign to cornplete repairs or alterations to the leased premises or the Property.
C. By providing written notice to Tenant before this lease erds, Landlord may require Tenant, upon
move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
or all signs that were placed on the Property or leased premises by ar at the request of Tenant. Any
signs that Landlord does not require Tenanf.to remove and that are fixtures, become the property of the
Landlord and must be surrendered to Landlord of the time this lease ends.
12.ACCESS BY LANDLORD:
A. During Tenants normal business hours Landlord may enter the leased premises for any reasonable
purpose including but not limited to purposes for repairs, maintenance, alterations, and showing the
leased premises to proepective tenants or purchasers. Landlord may access the leased promises after
Tenant's normal business hours if. (1)entry is trade with Tenant's permission; or(2) entry is necessary
to complete emergency repairs. landlord will not unreasonably interfere with Tenant's business
operations when accessing the teased premises
B. During the last 30 days of thls lease, Landlord may place a "For Lease"or similarly worded sign in
the leased premises.
13.MOVE-IN CONDITION: Tenant has inspected the leased premises and accepts it in.its present (as-is)
condition unless expressly noted otherwise in this lease. Landlord and anv agent have made no enreSs or
implied v,o r,&nt,.Ls as to-the�rondition or permitted use of t}tti•Ictpt;cd prsmises or P�rons�rri�
14,MOVE-OUT CONDITION AND FORFEITURE OF TENANT's PERSONAL PROP'ERT'Y:
A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when
received, except for normal wear and tear. Tenant will leave the leased premises in a dean condition
free of all fresh, debris, personal property,hazardous materials, and environmental contaminants.
B. If Tenant leaves any personal property In the isased premises after Tenant surrenders possession of the
leased premises, Landlord may. (1) require Tenant, at Tenant's expense, to remove the persona;
property by providing written notice to Tenant: or(2) retain ouch personal property as forfeited properly
to Landlord.
C. "Surrender'means vacating the leased promisor,and returning as keys and access devices to Landlord.
"Normal wear and tear" means deterioration that occurs without negligence, careiessness, accldent, or
abuse...
D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
ar all fixtures that were placed an the Property ed premises by or at the request of Tenant. Any
fixtures that Landlord does not require Tenant t� become the property of the Landlord and must
be surrendered to Landlord at the time this lea sn s.
(Tag-2101)6-7-02 l6tlaled for Ident6rAtion try Tenants: _ ,and r,gtldkt Page 7 of 15
__.�6At
Pm"'"WM 21FAM Im 4 AE Fuw4fil t.LLC'140.1 Fi tNn MU gana,Ctn O"1 waei W.MkNpM MIO,tS.(e=303em 75734067+?pit
Uon :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:29 S2
JAN-26-26E'd Q,
54 AMF.RI.CA!•: RE WFvT fP'K 409 R.66 "'411' P-Il L'2,--'
9155 pholan
C=martial.ease concerning: --------^-
15.MAINTENANCE AND REPAIRS.
A. 1 nln : Tenant must keep the leased premises clear, and sanitary and promptly dispose of all
garbage inappropriate receptacles. ❑ t-andlord M Tenant will provido, at its expense, janitorial
services to the leased premises that are cUstornary and ordinary for the Property type.
S. Repair yof Conditions Cayt d by_ P Each party must prQmptiy repair a eonditian in need of repair
that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees,
contractors or permitted subtenants.
C. flopair and Maintenance Bk9par1.i' ii_ty: Except as provided by Paragraph 15B, the party doslgnatod
Wow. at its expense. is responsible to maintain and repair the following specified items in the leased
premises. The specified items mUst be maintained in clean and good operable condition, if a
governmental regulation or order requires a modification to any of the specified items, the party
designated to maintain:the item must complete and lm?y the expense of the modification. The specified
items irsclude and relate only to real property In the laasaa premisas. Tenant Is responslbie,for the repair
and maintenance of its personal property. (Check 0 tha`apphf.)
(1) Foundation.exterior walls, roof, and other structural components p
(2) Glass and windows ❑
(3) Fire pmtectlon equipment and fire sprinkler systems ❑ ❑ 0-%
(4) Exterior & overhead doors, including cicsure devices, molding ❑ O
locks, and hardware
(5) Grounds maintenance, Inciuding landscaping and ground ❑ ❑
sprinklers
(6) Interior door's, including closure devices, frames, molding. locks, ❑ ❑
and hardware
(7) Parking arena and walke ❑
(8) Plumbing systems, drainage systems, electrical systems. ballast ❑ �.
and lamp replacement, and mechanical systems, except those
specifically designated otherwise �
(9) Heating Ventllation and Air Conditioning(HVAG)systems ❑
(1.0) Signs and lighting:
(a) Pylon Q x
(b) Facia ❑ ❑ 1
(c) Monument Q 13(d) Door/Suite C3 M
(11) Extermination and pest control, excluding woad-destroying inisects ❑
(12) Storage yards and storage buildings me III
j
(13) Wood-destroying insect treatment and repairs
(14) Cranes and rotstted systems D ❑
(16) , 6r_ 0 ❑
(17) All other items and systems, ❑ ❑ 0
D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons.
%AINI
(17AR•2101)ri.7.02 Initialed fat Idenifta io by Tenants: ._�tF.��_ and 0ndlor X page a ar is
i+r"d6W h apF*Mi Dt aa Parr".i.Le jj%i6 d;ren MIA Rod,CilNsn iwh h'e.W;di;'w 48=3 MW 301.7005
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Uon :Dr. Eida Derharoutian 05095-1222 26. Jan 2004 15:29 S3
C.0 LMLI i-,L:.kt(ji, p`L tdEeT F,,)Rl: d0S 865 4473 P.]t.
8155 Phelan
Commerd�l�oaso cxrcvrning: trn�t:,�_�.___,a??06 �,--.
E. HVAC$ervicg Cgintrect: if Tenant maintains the HVAC system under Paragraph 160(9), TenantA is
Is not required to maintain, at ibS expense, a regularly scheduled maintenance and service contract
For the HVAC system. The maintenance and service contract must be purchased From a HVAC
maintenance company that regularly provides such contracts to similar properties. If Tenant fails to
maintain a required WAC maintenance and service. contract in effect at all times during this lease,
!,andlord may do so and charge Tenant the expense of such a maintenance and service contract or
exercise Landlord's remedies under Paragraph 20.
F. CComrion Areas: Landlord wilt maintain any common areas ir: the Property in a manner as Landlord
determines to be in the best interest of ilre Property. Landlord will maintain any elevator and signs in
the common area. Landlord may change the size, dimension, and location of any common areas,
provided that such charge does not materially impair Tenant's use and access to the leased premises.
Tenant has the nonexclusive license to use the common areas in compliance with Landlord's rules
and r'estrictk,)ns. Tenant may not solicit any business in the common areas or interfere with any other
person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2)applies.
G. Notice of R!�pairs:Tanana must promptly notify Landlord of any item that le In need of repair and that is
Landlord`s responsibility to repair.All requests for repairs to Landlord must be in writing.
H. Failure to Re�air.Landlord must make a repair for which Landlord is responsible within a reasonable
period of time after Tenant provides Landlord written notioe of the needed repair, If Tenant fails to
repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides
Tenant written notice of the needed repair or maintenance, Landlord may. (1) repair or maintain the
item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse
Landlord for the cost to repair or maintain: or(7)exercise Landlord's remedies under Paragraph 20,
16. ALTERATIONS:
A. Tenant may not alter, improve,or add to the Property or the leased premises without Landlord's written
consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable
non-structural alterations,modifications, or improvements to the leased promises.
B. Tenant may not aster any locks or any security devices on the Property or the leased premises without
Landlord's consent. if Landlord authorizes the changing, addition, or rekeying of ary locks or other
security devices,Tenant must Immediately deliver the new kays and access devices to landlord.
C. !f s governmental order requires alteration or modification to the leased premises,the party obligated to
maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its
expense, modify or alter the item in compliance with the order.
0. Any aherations. improvements, fixtures or additions to the Property or leased premises installed by
either party during the terns of this lease will become Landlord's property and must be surrendered to
Landlord at the time this lease ends, except for those fixtur6s Landlord requires Tenant to remove
under Paragraph 11 or 14 or if the parties agree otherwise In writing.
17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be
encumbered in any way. If Tenant causes a lien to be fled against the Property or teased premises.
Tenant wilt within 20 days after racalpt of Landlord's demand. (1)pay the ken and have the lien released of
record. or(2) take action to discharge the lien. Tema livid provide Landlord a copy of any release Tenant
oi~tains pursuant to this paragraph.
(TAR•i 101)9.7•02 InulNistl for IdenttficaJar.by Tenants: and-Ancit,Nd,.-E-Q Page 9 of 15
��aaxaa win ,R,.. . �aresn„t uc xoat Fa",Nn.QM d.Csrnwr Twm,n;p,f id;o,,,du3s.coa*e 3"40os rs�sa�bz,zr•x
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Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:30 S4
,',rI �_L, etaµ t1.u? HPkY1CW kE WSST PAN 409 866 4473 r'.WFF,
Cornmercia;Lease conceming: 8155 Phelan
'I&. LIABILITY:To t_ hhe 6)d nt permitted -`-------
,' ron$ u sts or' v' - andlord (s rygTgnnn�;�,i
for an rn uri ar to s f-b�l Tenant Tena t' em to
A. an a rs°�3r o ert
c. i ion ar le f: Ten it fienant'
Patrons anps inv'o8s or rtenan n 'Te— tS a e5h ant's !o
a ' its
B. fire fl wa#e e s is snow
,�uralary ro a'! W ex los(on Ern k ri
a ur ry 8e�utt. ndallsrrl strike in erruption pf Rllities
or all l0 4(her persons. environment corrtami
fi
n is or
----__.
19, INDEMNITY: Es
personal ury rIk actio:.11 d old the other party harrnl ss from an ro
Pro art iliU ma as
r r logs I ent or o of airs or s®Nice to the teased cu,a ""
Aatro_ na p �a8t� n, + by that ►+anV or that .,�
----- art .�rt}�s amnloyees.
ZQ. DEFAULT;
A. If Landlord fails to comply With this Iease within 30 days after Tenant notifies Landlord of Landlord's
fa"Ure to comply. Landlord will be in default and Tenant may seek any reined
ho+�+ever. Landlord's non-compliance reasonably requires more than 30 days to cur®. Landlord will be in default If the cure ill co Y provided by law. if
commenced within the 30-day period and is diligently pursued, ! not
8, if L andlord does not 2rdtially receive at the place designated for a
within S day$ after it is due, Tenant will be in default. If Tenant fails to comply with this lease For
other reason within 10 days after Landlord n payment any lent due under this lease
default. notifies Tenant of its failure to comply, Tenant will be rin
C If Tenant is in default, Landlordt may. (i) terminate Tenant's right to occupy the leased rem:
providing Tenant with at least 3 days written notice; and (il) acoelefete all rents which are payable
during the remainder of this tease or any renewal premises by
attempt to mitigate any damage or loss caused by 7engrtt's breach by using commercially reasonable
means. if Tenant is In default, Tenant will be liable for:period without notice or demand. Landlord will
(1) any lost rent;
(2) Landlord's cost of retr~(tir►� the leased premises, including brokerage fees. advertisih fees
other fees necessary to refet the teased premises;
(3) repairs to the leased prentfees for use beyond normal weer and tear; 9 and
(d) all Landlord's Coats associated wi
prejudgment Interest th eviction of Tenant, such as attorney's fees, court costs, and
(5) all Landlord's cost$ associated with collection of rent such as collection fees, )ate charges, and
returned check charges;
(6) cost Of removing any of Tenant's equipment or frxtureg left err the leased premises or Property:
(7) cost to remov® any trash, debris, personal property,
contaminants left by Tenant or Tenant's employees, hazardous mriterials, or environmental
Promises or Property; patrons, guests, or invitees in the leased
(8) cost to replace any unretumed keys or access devices to the leased premises, parking areas, or
Property;
(8) any other recovery to which Landlora may be entitled under this lease or under law.
2'1. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERT AND LOCKOUT;
Chapter 93 of the Texas Property Code governs TRIF-il-i
abandonment of the leased rid obligations of the parties with regard to: (a)
"lock-out"of Tenant, premises;(b) interruties: (c) removal of Tenant's prop";Party; and (d)
(TAR-2101)&.7.02 ln+tialed for Idernlrrcagon by Tenants:
end Landlnr , r►-- _ F ago 10 of 16
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Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:30 S5
J HV-.�h-1.lJL"'4 11!U11 At'IF-A V 4 PE WEaT PARK 405 868 4473 P.05/06
Commercial Lease concerning: ga 55 55 Vholan
22. HOLDOVER:If Tenant fails to vacate the teased pram!,®s a ti
a tenant-at will and must vacate the (eased premises imrnf�diatei upon No holding me this lease ends, Tenant will become
g over by Tenant, with or without the consart of Landlord, wlilll axptondth this ase m r
any holdover period will be 2~times the base ,
basis and will be immediately due and payabie daily Irthout not notice or demand.
Rent for
y additional rent calculated on a daily
T nt r is to -
that is t ea ad r t aaa;nay ail of T
S l eas@ is Q rso I ro e►t
th urpases of the
24, ASS1aNIdEfNT AND SUBLETTINia;:Landlord may assign this lease
Property, Tenant may not assign this tease or sublet an to any subsequent owner of tt16
written consent. An assignment of this lease or subletting ley part of the leased premises without Landlord's
consent is voidable by Landlord. If T of the leased premises without Landlord's written
Tenant will remain liable for all of Ten nt'e obligations lease
under this leasean
sublease is made with or without the consent of Landlord, y of the leased premises,
regardless if the assignment or
26. RELOCATION:
iJ A. By providing Tenant with not less than go days advanced written notice, Landlord May
to relocate to another location in the property, provided that the other location is
than the leased remises Y require Tenant
P then occupied by Tenant and contains similar leasehold 1r15pr+,veml�larger
Landlord will pay Tenant's reasonable out-ofpocket moving expenses far moving to the other location,
"Moving expenses"means reasonabla expenses payable to professional movers, utility Companies for
connection and dseonnection fees, wiring companies for conning and disconnecting Tenant's office
p
equipment required by the relocation, and printing oornpantes for reprinting Tenant's stationary and
business cards A retacafion of Tenant will not change or affect any other provision of this lease that is
then u slim including rent and reimbursement amounts, except that the deCCription of the suite or
unit number will automatically be amended
� S. landlord may not require Tenant to relocate to another location in the Pr
consent oporty without Tenant's prior
26- SUBORDINATION:
A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to:
(1) any Lien encumbrance, h rues, lease now, or hereafter placid on the leased premises or the
Property that Landlord authorizes;
(2) all advances made under any such lien, encumbrance, or ground lease,
(3) the Interest payable on any such lien or encumbrance;
(4) any and alt renewals and extensions of any such Ilan, encumbrance, or ground lease:
(6) any restrictive covenant afkcting the 190Sed premises or the Property:and
(6) the rights of any owner,:'association affecting the leased premises or propert y,
B. Tenant must, on demand, execute a subordination,
Landlord may p attornment, 8nd non-disturbance agmeement that
Y equast that Tenant execute Provided that such agreement is made on the condition that
this le&SC and Tenant's right@ under this lease are recognized by the Ilan-holder.
(TAR-2101)6-7.02 Initialed for Identification by Tenants '--'�"�
and LandlordF' Page i 1 of 15
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Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:31 S6
J r ht-t5-mod i i a M AMER I CAN RE NEST PRRK 409 666 4473 P.06/06
Commercial LeBSe concernin ; 9155 Phelan 9 ant; T==77
e and diAver to Landlord an estoppel certitt that id®mines:
A. any f the lease: cate
6. the them curre n ayment and rent schedule;
C. the date the nW rent p is duo;
D. any advance rent payments:
E. the amount of the security deposit:
F. any claims for any Offsets;
G. the then current term of the lease;
1-l. any renewal options;
I Tenant's possession and acceptance
any ownership interest by Tenant: and of the leased Premises and improvem
ents;
J
2e. CASUALTY Loss:
A. Tenant Must immediately notify Landlord of any casualty toss in fhe leased premises. 1lYrthin 20 da
after receipt of Tenants notice of a casualty loss, Landlord will notify Tenant if the leased premises are
1098 than or more than 50% unusable on a Q s
restore the leased promises within 120, s Per$ uare root basis, and if Landlord can substantially
P Y after Tenant notifies Landlord of the casualty toss.
B. If the leased prernkg$ are less than 50% unusable and
Premises within Landlord can substantially restore the tease
sta days after Tenant notifies Landlord of the casualty. Landlord will restore the leased
premises to substantially the came condition as before the casualty, If Landlord fails to s ubstantiall y
restore within the time required, Tenant may terminate this lease
C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notNIG9 Landlord of the casualty, Landlord ma
this lease; or (2) restore the leased premises to substantially the same condition as
Casualty, If Landlord cho y (1) terminate
the time requiter) Tenant may terminate his lease.not substantially restore the teased before the
premises within
D. If Landlord notifiaa Tenant that Landlord cannot substantially restore the leased premises within 1
days after Tenant notifraa Landlord of the casualty loss, Landlord ma
terminate this tease: or 2 20
( ) thoose to restore, notify Tenant of the estimated time tonnes ore sand ane
Tenant the option to terminate this lease by notifying Landlord within 14 days,
E. If this lease does not terminate
notes Landlord of the casualty loss to the date=the lyelas s. P em slles be are from the date Tenant
amount proportionate to the extent the leased premises are unusable.
Y r+estorad by an
29• CONDEMNATION:If after a condemnation or purchase in lieu of condemnation the leased real
totally unusable for the purposes stated in thig lease, this lease will terminate. If after a condemnation or
purchase in lieu of condemnation the leased premises or Property are a p see are
of this tease, this lease will continue and rent will bo r p partially unusable for the purposes
teased amlcos are unusable, A educed in an amount proportionate to the extent the
property of Landlord and Tenant has no c airrm to such ward or proceeds in lieu of condemnation are the
irorn the condemning authority for its moving expenses and damages to Tenant Tenant may seek ape
penaatton
30. ATT'ORNEY'S FLES: personal pro perty.
related to the transacton described in this ielae � fly in any legal proceeding brought under or
2ttomey'9 fees,and all other costa of liGgatlon tr t n 4d to recover prejudgment interest, reasonable
prevailing party,
MkR•21oi)6.7-02 Mated for Identification by Tenants:
and Landlord Page 12 of 15
FRE.
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TOTAL P.06
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Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:31 S7
jHl"2b-AM4 11:�w AMEPIcAty RE tJE:T PARK
409 868 4473 P.01/05
$155 Phelan
CornmorCial lease concerning: -BeAUM31t, T1 7 77D6
31. REPRESENTATIONS:Tenants statements in this lease and any application for rental are material
representations railed upon by Landlord. Each party signing this leeso represents that he or she is of legal
age to enter Into a binding contract and is authorizod to sign the lease. If Tenant makes any
misrepresentation in this lease or in any application for rental, Tenant is in default. Landlord is not aware of
any material defect on the Property that would affect the health and safety of an ordinary person or any
environmental hazard on or affecting the Property that would affect the health or safety Of an ordinary
person, except: _
32. BROKERS:
A. The brokers to this lease are:
Cooperating Broker Llcsnce too. Principal Broker Lioense No,
Address ._.. 'T'��Q��y RAAD HBACadOZ1'J! T�f
Addrocs
1409186 -9129 (4061866-4473
Phone Fax Phone Fax
RWFT � j;�1L7oRbT.lAITST3 rrar
E-mail E-mail
Cooperating Broker represents Tenant. Principal Broker: (Check only one box)
represents Landlord only,
❑ representaTenant only.
Q is an intermediary between Landlord and Tenant.
B. Peas:
0 (1) Principal Broker's fee will be paid according to: (Check only one box).
Q (a) a separate written commission agreement between Principal Broker and:
M Landlord Q Tenant.
O (b) the attached Addendum for Broker's Fee. .
O (2) Cooperating Brokers fee will be paid according to: (Check only one box).
(a) a separate written commission reement between Cooperating Broker end:
0 Principal Broker Q Landlord _Q Tenant
❑ (b) the attached Addendum for Brokers Fee,
33. ADDENDA:Incorporated into this lease are the addenda, exhibits and other information marked in the
Addenda and Exhibit section of the Table of Co t 1 Landlord's Rules and Regulations are made part
of this lease, Tenant agrees to comply with the Regulations
(-AR-.2101)9•7.42 Initialed for tdvnbfication by*enants and Latxllord Z Page 13 of 15
R
PWaAYM*IIM MFW"h trV RE FOMSW LLL'W"POW MN rMM.ONMon TF7000.7rx
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'Jon :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:32 Se
JPN-26-2004 11:50 AMERICW RE WEST PARK 405 866 4473 P.02/05
2165 PhQ!an
Commercial Lsase concerning- 9weumont,,_.TX_,_17706
34. NOTICES: All notices under this lease must be in writing and are effective when hand-dellvered, sent by
mail, or sent by facsimile transmission to.
Tenant at the leased premises,
and a copy td:City of 8oauzont
Addreac. O 7
Phone:1409) 80-0929- ?5 71" Fax: (409)&V 2445—
Landlord at: David Darha.rQutian _
Address: L7214 Stratford *Aen ,Driv�`_st;�ar X4md� Texaco 77476-737
Phone: (7131351-6559 _ __- Fax: - ---and a copy to:DAvid Derh&=-UtiNA-—
Address:a-mai.1 david.derh4routian,1onUne_de -- _
Phone:Qii-405-141980006 _�Fax: -(011)495-14188 006
SP CIAL PROVISIONS. ,
Y ,
AI.L INPRQV�rTS TO QROPI�R1'Y, 6155 PHEIJlN, BE11I7MQNT, TEXAS 77706 WILL $TAY
WITH PROPERTY.
MONTHLY RENTS ARE TO BE MAILED T0:
STACY TYWATER
$ BRAEACUT APXA EDUCATORS FEDERAL CREDIT UNI00
P.O. BOX 751
EXAtJMONT, TL'R118 77704
36. AGREEMENT OF PARTIES:
A. EntiLe Acrersment:This lease contains the entire agreement between Landlord and Tenant and may not
be changed except by written agreement.
B. Pirlding Effect: This lease is binding upon and inures to the benefit of the parties end their respective
heirs, executor:, administrators, successors, and permitted assigns.
C. Joint and Several,All Tenants are jointly and severally liable for all provisions of this lease. Any act or
notice to, or refund to, or signature or. any one or more of the Tenants regarding any term of this lease,
Its renewal, or its termination is binding on all Tenants,
D. Controlling Law: The ISM of the State of% govern the interpretation, performance, and
enforcement of this lease.
(7An-2101 l 6-7-02 Initialed for Identification►by Tenants: and Landtold: ?age 14 of 15
Wb�aa wa 2�Gam7 Oy RE FOrlfliNit.Lt.t;revv rr��en aY9 rroee.r,�Mn ramono.Inrvlr�un.eoaa,�.+��o..-.em TnCOO4�2rc
l
Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:32 S9
JAfd-26-2004 1151 AMERICAN RE WEST PARK 409 866 4d7-3 P.Oa,,65
8155 Phalan
Ownrnercial Leese conoerf%ng: Zsa%n n a TZ
E. Severable Cl, laa.=: If any clause in this lease is found invalid or unenforceable by a Court of law, the
remainder of this lease wAl not be affected and all other provisions of this lease will remain valid and
enforceable.
F. waiver Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien,
rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by
Tenant or any other term in this lease.
G. Quiet Enio nt: Provided that Tenant is not in default of this lease, landlord covenants that Tenant
will enjoy possession and use of the loosed premises free from material interference.
H. Force Majeure: If Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage
of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for
Landlord's performance will be abated until after the delay.
I. I=; Tune is of the essence. The parties require strict compliance with the times for performance.
SIGN Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies,
H E R E environmental assessments,tax advice,or compliance inspections. The parties should seek experts to
render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease,
•.epnsult your attorney 9EFORE signing.
.:C'ity_of AsAmont��„- Derharoutian -
. . . . . .'Tenant Landlord
By 01127.!2004 B Fr, �"` �r.1.m y:21121.2004
Date Date
Printed Nam — Z\/ Printed Name
Mue e�1��6r!'iYl _ Tile. _-
Tenant Landlord
By By�_-
Date Date
Printed Name Printed Name
Title Title
(TAR-2101)&1.02 Page I5 of 15
ored,.redwlN2:pFum^�/RE Fegntti�G liC i!0!5 F4MN+Sd��RGC,G.MIt1f TDwni�p,KetRgan��,teoo7 xa-xu0 TS7S9tIG7.=F K
t
PROPOSED LOCATION:
8155 PHELAN BLVD.
.................
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5
March 16, 2004
Consider approving a one (1) year contract for the purchase of corrugated polyethylene pipe for
use in the Public Works Department
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 4, 2004
REQUESTED ACTION: Council approval of a one (1) year contract for the purchase of
corrugated polyethylene pipe.
RECOMMENDATION
Administration recommends award of a contract for purchasing corrugated polyethylene pipe to
Coburn Supply at the unit costs reflected in the attached bid tabulation.
BACKGROUND
The contract specifies that the successful bidder shall provide approximately 11,700 feet of
various size corrugated polyethylene pipe at fixed unit costs for one (1) year from date of award
for use by the Public Works Department, Streets and Drainage Division. The total estimated
expenditure is $78,571 for the contract period. The award is to the overall low bidder and not
the low bidder per item in order to streamline the procurement process for the user department.
This will eliminate complications which could arise from a multiple vendor award.
The pipe is utilized by the Streets and Drainage Division to replace driveway culverts during
cleanout of City ditches. Existing pipe which is damaged, improperly sized, or not set at correct
grade is replaced as needed.
Twenty-eight(28)vendors were notified with nine(9)submitting bids. The product bid by Coburn
Supply has been utilized previously and meets specifications set forth in the bid.
BUDGETARY IMPACT
Funds are available for this expenditure in the Public Works Department's operating budget.
Annual Contract for Corrugated Polyethylene Pipe
March 4, 2004
Page 2
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director, and Public Works Director.
BID TABULATION FOR ANNUAL CONTRACT FOR CORRUGATED POLYETHYLENE PIPE
BID NUMBER:RF0104-19
Moore Supply Co• Golden Triangle Pipe Coburn Supply Co. Seabreeze Culvert,Inc. Rural Pipe&Supply.
Est. Description Beaumont,Texas 77701 Beaumont,Texas 77720 Beaumont,Texas 77701 Stowell,Texas 77661 Jasper,Texas 75951
Qty Unit Total Unit Total Unit Total
1000 ft 12"Smooth I nterior Corrugated Pipe $2.88 $2,880.00 Unit Total Unit Total
6000 ft 15"Smooth Interior Corrugated Pie $3 89 $2.95 $2,950.00 $2.73 $2,730.00 $3.11 $3,110.00 $3.20 _ $3,200.00
_ $23,340.00 - _
2000 ft 18"Smooth I nterior Corru ated Pie $3.95 $23,700.00 $3.57 $21,420.00 $3.79 _ $22,740.00 $4.20 $25,200.00
9 p _ $5.21 $10,420.00 $5.32 $10,640.00 $5.13 $10,2$0.00 $5.53 $11,060.00
1500 ft 24"Smooth Interior Corrugated Pipe _ $8.28 $12,420.00 _ $8.37 $12,555.00 $8,19 $5.55 $11,100.00
500 ft 36"Smooth Interior Corrugated Pipe_$16.97 $12,285.00- $8.68 $13,020.00 $8.70 $$3,050.00
- _
$8,485.00 $17.25 $8,625.00 $17.09 $8,545A0 - - -
500 ft 48"Smooth Interior Corrugated Pipe - -- $17.86 - $8,930.00 $17.70 8,850.00
200 ft 60"Smooth Interior Corrugated Pipe $44.80 $13,275.00 $26.90 $13,450.00 $27.27 $13,635.00' $28.68 $14,340.00 $27.60
$8,960.00 ---
Total Bid _ - $45.50 $9,100.00 $48.48 $9,596.00: $51.58 $10,316..-
0,316.00 $46.90 $$9,380.00
$79,780.00
_- Manufacturer Bid - - ADS $81,020.00 $78,5 .00 $83,516.00
ADS1Hancor 7 Hancor-_
ADS $84,580.00
Ewing Irrigation GaJeske,Inc. WaterZone Great Western Supply Co.
Est. Description Friendswood,Texas 77546 Houston,Texas 77092 Beaumont,Texas 77701 Clute,Texas 77531
qty Unit Total Unit Total Unit Total'
1000 ft 12"Smooth Interior Corrugated Pipe $3.37118 $3,371.18 -- Unit Totai
6000 ft 15"Smooth Interior Corrugated Pie $9.95 $9,950.00 $2.980 $2,980.00 $3.20 $3,200.00
9 p $4.48223 $26,893.38_ _$16.75 $100,500.00 $3.636 $21,816.00 $4.25 $25,500.00
2000 ft 18"Smooth Interior Corrugated Pipe $6.08304 $12,166.08 _ $18.75 $37,500.00
1500 ft 24"Smooth Interior Corrugated Pipe $9.52099 $5.303 _$10,606.00 $5.77 $11,540.00
500 ft 36"Smooth Interior Corrugated Pie $14,281.49 $19.75 $29,625.00 $8.333 $12,499.50 $9.02 _$13,530.00
9 p $19.40622 - _
500 ft 48"Smooth Interior Corrugated Pipe $9,703.11 $35.50 $17,750.00 $17.424 $8,712.00 $18.42 _ $9,210.00
9 _ $31.61110 $15,805.55 $39.75 $19875.00 $29.293 $14,646.50 $29.95 $14,975.00
200 ft 60"Smooth Interior Corrugated Pipe $56.77770 $11,355.54_ $45.75 $9,150.00 $49.495
Total Bid $9,899.00 $53.79 $10,758.00
$93,576.33 $224,350.00 $81,159.00 $88,713.00
Manufacturer Bid ADS Hancor
�,- Hancor ADS
6
March 16,2004
Consider approving a contract to purchase fire protective clothing for the Fire Department
ti... Cit of Beaumont
y r� Council Agenda Item
M = ' c g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 9, 2004
REQUESTED ACTION: Council consideration of an annual contract to purchase fire protective
clothing.
RECOMMENDATION
Administration recommends the award of an annual contract to Casco Industries of Pasadena,Texas,
to furnish approximately forty(40)sets of fire protective clothing for the Beaumont Fire Department.
BACKGROUND
The clothing is made of fire retardant materials to provide protection from burns and exposure to
hazardous chemicals during fire fighting operations. The Fire Department has wear tested several
brands of protective clothing and has determined that the traditional style made by Globe
Manufacturing offers the greatest ease of movement while supplying the greatest amount of
protection to firefighters. Globe's traditional style features an "action back" which consists of
inverted pleats and underarm gussets that enhance mobility and freedom of movement. All of the
protective clothing sets currently issued to Beaumont Fire Department firefighters are Globe brand.
Thirty(30) sets of Globe protective clothing with suspenders were purchased last budget year for
$1,253 per set totaling $37,590.
Bids were solicited from two(2)authorized Globe distributors. One(1)bid was received as follows:
Vendor Brand Qty. Pant& Coat Suspenders Total
Casco Industries Globe 40 $1,299/set $32/set $53,240
Pasadena, TX
Purchase of Fire Protective Clothing
March 9,2004
Page 2
BUDGETARY IMPACT
Funds are available in the Fire Department's operating budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director, and Fire Chief.
7
March 16, 2004
Consider approving an amendment to Chapter 26, of the Code of Ordinances of the City of
Beaumont, by adding a new Section 26-11 regulating the operation of motor-assisted scooters on
the streets and rights-of-way of the City of Beaumont
City of Beaumont
6 Council Agenda Item
M ` 0 g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Tom Scofield, Chief of Police
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 11, 2004
REQUESTED ACTION: Consider an Amendment to Chapter 26, of the Code of
Ordinances of the City of Beaumont by adding a new
Section 26-11 regulating the operation of motor-assisted
scooters on the streets and rights-of-way of the City of
Beaumont;providing for severability;providing for repeal;
and providing a penalty.
RECOMMENDATION
Council consideration of an amendment to Chapter 26, of the Code of Ordinances of the City of
Beaumont by adding a new Section 26-11 regulating the operation of motor-assisted scooters on
the streets and rights-of-way of the City of Beaumont.
BACKGROUND
The Texas Legislature has authorized municipalities to either prohibit or regulate the operation of
motor-assisted scooters. The City of Beaumont has recently had an influx in the number of small
motorized scooters on its streets and there is a safety concern when these motor- assisted scooters
are operated on streets within the City. The Beaumont Police Department recommends that the
City Council adopt an ordinance that would place restrictions and prohibitions on locations and
use of motor-assisted scooters on the streets and rights-of-way of the City.
BUDGETARYIMPACT
None,
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Chief of Police ,
RECOMMENDED MOTION
Accept/Deny the Amendment to Chapter 26, of the Code of Ordinances of the City of Beaumont
by adding a new Section 26-11 regulating the operation of motor-assisted scooters on the streets
and rights-of-way of the City of Beaumont;providing for severability; providing for repeal; and
providing a penalty.
INTER-OFFICE MEMORANDUM
City of Beaumont,Texas
Police Department
Date: March 10,2004
To: Kyle Hayes,City Manager
From: Tom Scofield, Chief of Police
(J'
Subject: THE OPERATION OF A NEIGHBORHOOD ELECTRIC VEHICLE OR MOTOR
ASSISTED SCOOTER WITHIN THE CITY
COMMENTS
The City of Beaumont has recently seen an influx in the number of small motorized scooters on its
streets. Currently the State of Texas has few restrictions placed on the riding of these scooters which have a
gasoline powered motor of 33cc to 40cc in size. There is no requirement for helmets, license,permits,etc.
Currently pursuant to 551.302(a)a neighborhood electric vehicle or motor assisted scooter may be operated only
on a street or highway for which the posted speed limit is 35 miles per hour or less. The vehicle may cross a road
or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.
There is concern for safety when these motor assisted scooters are operated on streets within the City.
Texas Transportation Code 552.302(c)provides as follows:
A county or municipality may prohibit the operation of a neighborhood
electric vehicle or motor assisted scooter on any street or highway if the
governing body of the county or municipality determines that the prohibition
is necessary in the interest of safety.
The Council may wish to consider the possibility of adopting an ordinance pursuant to Texas
Transportation Code 551.302(c). A copy of the pertinent provision of the Texas Transportation Code is
attached.
After much research and debate, it is the recommendation of the Beaumont Police Department that the
City Council strongly consider adopting an ordinance that would prohibit the operation of motor assisted scooters
by those under 13 years of age on any path,trail, street, alley,public way or public property within the city.
14
We have worked with the City Attorney to formulate an ordinance for your consideration.
i
See Attachments
i
i
i
a
i
1
the"ie"►of the Texas T�Portation Code, the folIowiatg sections have been
rc.`trenced;
541.201 (Vehides)
'
551.301 (Defrnitiou)
551.302
(Operation on the Roadway)
541.201
Moped: 'Smeaas a motor
than 30 mnesmc �mnot attain$Sperm is one mile of more
PQ'hour sad the eq> of which:
(A)caaaat produce mof1C than two -brake
(B)if an interne combus on engine,has a� 'and
�a met=or less and connects t s power��em�of
not require the operator to shift gears."
551301
Motor-Ais steel Scooters: "(Z)means a ae3f
(A)a �oiled device w>t6.
two wheel Iia contact vhth.the around
dur8 operation;
(B)a bmking system capable of stn
under.typical operatmg bona-PPk3 device
(C)ages orerecnric moor aw
emOmeom 40 rabic
(D)a deck designed to agow a person to wand or sit
wWe operating the device:and
)tthe Away,to be propelled by human pow
551302
(c) "',qty or mtmia
vehicle t motor Panty=Y proms the operation of a neig�or d
the�Y or Y�et�esth or hi ition-if the So nng body of
interest of army. d that the Pmbibitian is necessay in the
�sabi oother portion within this section deni with speed limits imposed for city
. sarexts as
.,_—`xr`rJA U. iNhIUHBORHOOD -�A
ELECTRIC VEHICLES (.r the ability to be Propelled by human
(Added by L.2003 chap. 1320(7), a Power alone.
(Add
9/1/2003. See other Subchapter.D below.) (Added 2003,chap.1325(19.07),eff 911123.)
§551.301. Definition. §5$1,.302. Operation on roadway.
(Multiple versions enacted See other Section 551.301 (Mutt��versions enacted See other Section 551.302
below.) above..
(a) A neighborhood electric vehicle or motor
In this subchapter, "neighborhood electric assisted scooter may be operated only
vehicle"means a vehicle subject to Federal Ma- street; or highway for which the posted speed
for Vehicle Safety Standard No. 500(49 C.F.R. limit is 35 miles per hour or.less. The vehicle
Section 571.500).(Added by L.200.7,chip.1320(7), may cross a road or street at an intersection
eff. 91112003.) where the road or street has a posted speed
§551.302. Registration. limit of more than 35 miles per hour.
(Multiple versions enacted. See other Section (b) A person may operate a motor assisted
551.302 below.) scooter on a path set aside for the exclusive op.
The Texas Department of Transportation eration of bicycles or on a sidewalk. Except as
may adopt rules relating to the registration and otherwise provided by this section, a provision N
issuance of license plates to neighborhood elec- of this title applicable to the operation of a bicy.
tric vehicles. (Added by L.2003, ,;ha cle applies to the operation of a motor assisted
eff. 9/1/2003.) p 1320(7), scooter.
§551.303. Operation on roadways. the(operation f a neighborhood electric vehicle e
(a) A neighborhood electric vehicle may be or motor assisted scooter on any street or high. $
operated only on a street or highway for which way if the governing body of the county or mu.
the posted speed limit is 35 mile;; per hour or nicipality determines that the prohibition is c
Iess.A neighborhood electric vehicle may cross necessary in the interest of safety.
a road or street at an intersection n where the (d) The department may prohibit the opera- 61
road or street has a posted speed Mimic:of more tion of a neighborhood electric vehicle or motor
than 35 miles per hour. assisted scooter on a highway if it determines ax
(b) A county or municipality may prohibit that the prohibition is necessary in the interest "
the operation of a neighborhood electric-vehicle of safety.
on a street or highway if the governing;body of (e) A provision of this title applicable to a %
the county or municipality determines that the motor vehicle does not apply to a motor assisted a
prohibition is necessary in the interest of safety. scooter.
(c) The Texas Department of 'Transporta- (Added byL.2003,chap.1325(19.07),eff.9/l/2003)
tion may prohibit the operation of a neighbor-
hood electric vehicle on a highway if that depart- CHAPTER 552. PEDESTRIANS
ment determines that the prohibition is neces- Section
sary in the interest of safety.
(Added by L.2003,chap.1320(7),a 9/1/'2003.) 552.001. Traffic control signals.
ff: 552.002. Pedestrian right of--way if control sigaal
SUBCHAPTER D. NEIGHBORHOOD present. g
ELECTRIC VEHICLES A1VI) 552.004. Pedestrian to keep to rightcrosswalk.
MOTOR ASSISTED SCOOTERS 552.005. Crossing at point other than crosswalk. 3
(Added by L.2003 chap. 1325(19,07), e ff, 552.006. Use of sidewalk. 3
.91112003. See other Subchapter 1)above.) 552.007. Solicitation by pedestrians.
552A08. Drivers to exercise due care.
§551.301. Definitions. 552.009. Ordinances relating to pedestrians.
(Multiple versions enacted. See other Section §552-001. Traffic control signals.
551.301 above.)
(a) A traffic control signal displaying green,
In this subchapter:
(1) "Neighborhood electric vehicle"means a tod a
ape pedestrian as asts or lighted arrows applies
vehicle subject to Federal Motor Vehicle Safety unless the pedestrian prov
otherwise directed by a
Standard 500(49 C.F.R. Section 571.500). special pedestrian control si
(2) "Motor assisted scooter" means a self- (b) A gnae
propelled device with: pedestrian facing a green signal may proceed across a roadway within a markd or
(A) at least two wheels in contact with the unmarked crosswalk unless he sole green signal
ground during operation;
(B) a braking system capable of stopping is a turn arrow.
the device under t (c) A pedestrian facing a steady red signal
ypical operating conditions; alone or a steady yellow signal may not enter a
(C) a gas or electric motor not exceedi;ig 40 roadway.
cubic centimeters;
(D) a deck centimeters-, (Added by L.1995, chap. 165(1), eff. 911195.)
stand or sit while operating the device1eand to
742
2_ vdcf c
i
l
i
a
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26, OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
BY ADDING A NEW SECTION 26-11 REGULATING THE
OPERATION OF MOTOR-ASSISTED SCOOTERS ON THE
STREETS AND RIGHTS-OF-WAY OF THE CITY OF
BEAUMONT; PROVIDING FORSEVERABILITY; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
WHEREAS, the Texas legislature has authorized municipalities to either prohibit or
regulate the operation of motor-assisted scooters and; and,
WHEREAS,the City Council of the City of Beaumont("City")has determined that the
regulation of the use and operation of motor-assisted scooters on the streets, highways,
alleys, paths and trails is necessary in the interest of safety; and,
WHEREAS, Texas law provisions which are applicable to bicycle riders apply to the
use and operation of motor-assisted scooters; and,
WHEREAS, the City Council has investigated and determined that it would be
advantageous, beneficial and in the best interest to the health, safety and welfare of the
citizens of the City of Beaumont to prevent potential traffic hazards and safety hazards
resulting from the use of motor-assisted scooters.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 26 of the Code of Ordinances of the City of Beaumont be and the
same is hereby amended to add a new 26-11(a) through (d) inclusive to read as follows:
Sec. 26-11(a). Definitions.
1. Child means any individual less than sixteen (16) years of age.
2. Motor-Assisted Scooter shall have the same meaning assigned by the
Texas Transportation Code Section 551.30-1(2) as it exists or may be
amended, and includes a self-propelled device with at least (2) wheels
in contact with the ground during operation; a braking system capable
of stopping the device under typical operating conditions; a gas or
electric motor forty (40) cubic centimeters or less; a deck designed to
allow a person to stand or sit while operating the device; and the ability
to be propelled by human power alone.
3. Parent means the natural or adoptive parent, court-appointed guardian
or conservator of the child.
4. Public Way or Public Property means real property owned, leased, or
controlled by a political subdivision of the State of Texas, a
governmental entity or agency, or similar entity, or a property that is
publicly owned or maintained or dedicated to public use, including, but
not limited to a path, trail, sidewalk, alley, street or highway, and a public
parking facility.
Sec. 26-11(b). Restrictions and Prohibitions on Locations and Use.
1. It is unlawful to operate or ride a motor-assisted scooter on any street,
access road or highway with a speed limit greater than thirty (30) miles
per hour.
2. It is unlawful for a parent to allow or permit a child to operate or ride a
motor-assisted scooter on any path, trail, street, alley, public way or
public property within the City.
3. It is presumed that a parent allowed a child to operate or ride a motor-
assisted scooter in a prohibited area.
4. A person may not operate a motor-assisted scooter after dark within the
City.
5. It is unlawful to operate a motor-assisted scooter with a passenger on
the scooter.
Sec. 26-11(c). Exemption
The regulations and limitations placed on the motor-assisted scooter and
neighborhood electrical devices in this ordinance do not apply to those operators of certain
mobility devices as outlined in the Texas Transportation Code 542.009"Operators of certain
mobility devices."
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violated any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
March, 2004.
- Mayor Evelyn M. Lord -
WORKSESSION
Discuss regulating the operation
of motor-assisted scooters
Jffll
City of B�ay 9 nt
REGULAR MEETING OF THE CITE' COUNCIL
COUNCIL CHAMBERS LARCH 16, 2004 1e30 P.M.
CONSENT AGENDA
Approval of minutes
Confirmation of committee appointments
Walter Crook would be appointed as Mice Chairman of the Martin Luther King, Jr. Parkway
Commission. The term would commence Larch 16, 2004 and expire Larch 15, 2005.
(Mayor Evelyn M. Lord)
Mel Wright would be reappointed as Chairman of the Convention and Tourism Advisory Committee.
The current term would expire March 15, 2005. (Mayor Evelyn M. Lord)
Frank Messina would be appointed as Mice-Chairman of the Convention and Tourism Advisory
Committee. The term would commence March 16, 2004 and expire March 15, 2005. (Mayor
Evelyn M. Lord)
Dora Nisby would be reappointed as Chairman of the Library Commission. The current term would
expire March 15, 2005. (Mayor Evelyn M. Lord)
Bill liaucett would be reappointed as Nice-Chairman of the Library Commission. The current term
would expire March 15, 2005. (Mayor Evelyn M. Lord)
Gladys Allen would be reappointed to the Board of Adjustment(Zoning). The current term would
expire February 11, 2006. (Mayor Evelyn M. Lord)
Bill Eaucett would be reappointed to the Library Commission. The current term would expire
January 17, 2006. (Mayor Evelyn M. Lord)
Raul Garcia would be appointed to the Martin Luther King, Jr. Parkway Commission. The term
would commence March 16, 2004 and expire March 15, 2006. (Councilmember Andrew P. Cokinos)
Shederick Evans would be reappointed to the Martin Luther King, Jr. Parkway Commission. The
current term would expire March 15, 2006. (Councilmember Bobbie J. Patterson)
Harriet Lihs would be appointed to the Martin Luther King, Jr. Parkway Commission. The term
would commence March 16, 2004 and expire March 15, 2006. (Mayor Pro-Tem Becky Ames)
A) Approve a resolution authorizing the conveyance of a forty foot (40') drainage easement
located off Lawrence Drive and US 96, 69, 287 to Drainage District #6
B) Approve a resolution authorizing the acceptance of three (3)water line easements
providing access for fire prevention services
C) Approve a resolution authorizing the City Manager to execute a waiver granting
permission for the Jefferson County Mosquito Control District to operate aircraft at a low
altitude over the City of Beaumont for mosquito control purposes
D) Approve a resolution authorizing the settlement of the claim of Herbert Howard
City of Beaumont
Council Agenda Item
• K g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 9, 2004
REQUESTED ACTION: Council consider a resolution authorizing the conveyance of a forty
foot (40') drainage easement located off Lawrence Drive and US
96, 69, 287 to Drainage District #6.
RECOMMENDATION
Drainage District #6 has requested a drainage easement at Lawrence Drive and US 96, 69, 287
(in Suburban Acres Addition) be conveyed to them. The District has been maintaining the ditch
in which the easement is located for some time, and it is in need of repair. The District would
like to concrete this section of the ditch in order to stop the erosion that is causing damage to the
concrete parking lot of Welch's Stone Company.
Administration recommends the conveyance of the easement to Drainage District#6.
BACKGROUND
None.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
dd6 Lawrence-esmt-ib.wpd
9 March 2004
SUBJECT
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40' DRAINAGE EASEMENT ww "�z
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(LAWRENCE DRIVE AND Y R aw RO
U.S. 68, 86, 287) SUBURBAN ; FALCON
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LEGEND N.T.S.
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Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 9, 2004
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of three (3)
water line easements providing access for fire prevention services.
RECOMMENDATION
The property owner listed below has conveyed three (3) water line easements to the City of
Beaumont. These easements -- located at the Dowlen Town Center adjacent to the new Kroger
Site at 3965 Dowlen Road -- will provide mandatory access for fire prevention services.
1. Ten foot(10')wide Water Line Easement-0.0389 acre out of W. B. Dyches
Survey, Abstract 17 and A. Duwe Survey, Abstract 459
Owner: Kimco Dowlen Town Center, L.P.
2. Twenty foot (20') wide Water Line Easement - 0.3198 acre out of W. B.
Dyches Survey, Abstract 17; in Tract No. 1 of 32.675 acres and Tract No.
2 of 34.849 acres to M.A. Phelan II
Owner: Kimco Dowlen Town Center, L.P.
3. Ten foot (10') wide Water Line Easement - 0.1044 acre out of W. B. Dyches
Survey, Abstract 17; in Tract No. 1 of 32.675 acres and Tract No. 2 of 34.849 acres
to M.A. Phelan II
Owner: Kimco Dowlen Town Center, L.P.
Administration recommends acceptance of the easements.
BACKGROUND
The easements are to be used to provide exclusive access to the water lines and fire hydrants for
Westfield Shopping Center (the new Kroger site) and the Dowlen Town Center on Dowlen Road.
They would also allow for the construction, alteration, operation and maintenance of the said
water lines and appurtenances.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
The City has previously acquired seven(7)easements at the Westfield Shopping Center from three
different owners in 2002 and 2003.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
fire_kroger kimco esmt-ib.wpd
9 March 2004
SUBJECT
S WATER LINE EASEMENTS
OUT OF W.B. DYCHES SURVEY W o
ABSTRACT 17 AND THE A. a
DUWE SURVEY ABSRACT 459
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(DOWLEN ROAD) FOLSOM W tw
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OWNER:
KIMCO DOWLEN TOWN B u 0 ui
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CENTRAL L.P. CREEK WOOD
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LOCATION MAP
LEGEND N.T.S.
® SUBJECT PROPERTY
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15.85' 10 25►
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SUBJECT
8 WATER LINE EASEMENTS
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OUT OF W.B. DYCHES SURVEY W o
ABSTRACT 17 AND THE A. 3-0:
DUWE SURVEY A03RACT 459 0 0
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(DOWLEN ROAD) FOLSOM1
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LEGEND N.T.S.
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BED BATH & SHOE DRESS 8 PETCO P.B.A.
BEYOND CARNIVAL BARN i
20.564 S.F 12,000 S.F. 8,000 S.F. 13,826 S.F 25.000 S.F.
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20 37 40 37 471 40 37 40 37
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SUBJECT
3 WATER LINE EA3EMENT3
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OUT OF W.B. DYCHE3 SURVEY W o
ABSTRACT 17 AND THE A.
DUWE SURVEY ABSRACT 459 0
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(DOWLEN ROAD) FOLSOM ul
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OWNER: m co";;
KIMCO DOWLEN TOWN RRINGTON BRIAR No 88
CENTRAL L.P. CREEK woo LL
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LOCATION MAP
LEGEND N.T.S.
® SUBJECT PROPERTY N
EASEMENT
14.05'
DRAINAGE FLUME4o1bgANDSCAPE AREA
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405.28'
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ANCHOR ANCHOR in ANCHOR ANCHOR ANCHOR
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ED BATH & SHOE DRESS $ PETCO P.B.A.
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20.564 S.F. 12.000 S.F. 8.000 S.F. 13.826 S.F. 25.000 S.F.
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City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Lane Nichols, City Attorney
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 10, 2004
REQUESTED ACTION: Council to consider a resolution authorizing the City Manager to
execute a waiver granting permission for the Jefferson County
Mosquito Control District to operate aircraft at a low altitude
over the City of Beaumont for mosquito control purposes.
RECOMMENDATION
Administration recommends granting permission for the Jefferson County Mosquito Control District
to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes.
BACKGROUND
The Jefferson County Mosquito Control District is requesting that the City of Beaumont and other
cities in their area grant authority for them to operate their aircraft at a low altitude over the City of
Beaumont for the purpose of controlling mosquito populations. The Jefferson County Mosquito
Control District operates their aircraft at a low altitude in accordance with all federal and state rules
and regulations governing this type of application.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager.
SAAGENDAWGENDA ITEM MEMOSWEFF CO MOSQUITO.wpd
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a document furnishing a waiver
to the Jefferson County Mosquito Control District for the purpose of allowing their aircraft
to fly at low altitudes over the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
March, 2004.
- Mayor Evelyn M. Lord -
Jefferson County Mosquito Control District
Organized in 1950
Lee A. Chastant, Director ` Advisory Commission:
8905 First Street t Paul Silva, Chairman
Beaumont, Texas 77705 Robert J. Bentley, Secretary
Phone: (409) 722-5350 R. W. "Duce" Jones
Fax: (409) 727-4176 ,/ Vincent J. Mannino
lchastant@co.iefferson.tx.us George Mitchell
January 17, 200.4
Mayor's Office
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Dear Mayor:
Each year the Jefferson County Mosquito Control District requests the governing
bodies of the different communities in Jefferson County to furnish a waiver permitting
the Mosquito Control aircraft to fly at low attitudes over the territory under their
jurisdiction.
It is respectfully requested that the City Council sign the enclosed waiver
granting permission for the Jefferson County Mosquito Control District to operate
aircraft over the City of Beaumont for mosquito control purposes.
Federal Regulations places the responsibility of maintaining all records and
complying with all rules and regulations upon the operator of the aircraft. This file is
open at all times for inspection.
If you have any questions, contact Jerry Hinson, Chief Pilot or Lee A. Chastant,
Director for assistance.
ull s;---
Jerry Hinson, Chief Pilot
Cc: County Judge Carl Griffith, Jefferson County
Commissioner Jimmie Cokinos, Pct. 1
Commissioner Mark Domingue, Pct. 2
Commissioner Waymon Hallmark, Pct. 3
Commissioner Everett Alfred, Pct. 4
Jefferson County !Mosquito Control District
Organized in 1950
Lee A. Chastant, Director t Advisory Commission:
8905 First Street t Paul Silva, Chairman
Beaumont, Texas 77705 �- Robert J. Bentley, Secretary
Phone: (409) 722-5350 Gerald Gipson
Fax: (409) 727-4176 3 Vincent J. Mannino
lchastantCco.iefferson.tx.us �� George Mitchell
January 17, 200'
AERIAL WAIVER
Mayor's Office
City of Beaumont
PO Box 3827
Beaumont, TX 77704
The Jefferson County Mosquito Control District is authorized to fly low altitudes
as required for the application of pesticides for the control of mosquitoes within the
limits of City of Beaumont, Texas. Jefferson County Mosquito Control operates in
accordance with all Federal and State Rules and Regulations governing this type of
application.
Signature:
Mayor's Office, City of Beaumont, Texas
Date:
Jerry Hinson, Chief Pilot
Jefferson County Mosquito Control District
JWH/srb
1
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...... City of Beaumont
MEM IM�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: March 16, 2004
AGENDA MEMO DATE: March 12, 2004
REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of
Herbert Howard.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Herbert Howard.
BACKGROUND
Council authorized the settlement of this claim in Executive Session February 10, 2004.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown:
Herbert Howard&Michael Getz, Attorney $6,000
PO Box 1083
Beaumont, TX 77704
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RESOLUTION NO.
WHEREAS, the claim of Herbert Howard has been discussed in an Executive
Session properly called and held February 10, 2004; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Herbert
Howard in the amount of Six-Thousand ($6,000) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
March, 2004.
- Mayor Evelyn M. Lord -