HomeMy WebLinkAboutRES 06-050 RESOLUTION NO. 06-050
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an agreement with LaBelle Park,
LP, for the relocation of the IH-10 at Walden Road Off Ramp Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7 t day of
February, 2006.
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Mayor Guy N. Goodson -
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LaBelle Park, LP
P.O. Box 3111
Beaumont, Texas 77704-3111
Phone * 409-832-2521
Fax * 409-832-6927
Jbroussard@bmtricemills.com
February 23, 2006
Mr. Tom Warner
P.O. Box 3827
Beaumont, Texas 77704-3827
Re: Walden Road Off Ramp Relocation Agreement:
Dear Mr. Warner,
Enclosed find one fully executed original off the ramp relocation Agreement.
Please notify me of the construction bid date so that I may be prepared to
deliver the $ 200,000 timely to the City.
Thank ou for your efforts to keep this project moving,
ames C. Broussard
Vice-President, LaBelle General
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WALDEN ROAD OFF RAMP
RELOCATION AGREEMENT
This AGREEMENT ("Agreement') is made this 90 day of
2006, by and between the City of Beaumont, Texas, ("City"), and LaBelle Park, LP
("LaBelle"), a Texas Limited Partnership.
WITNESSETH:
WHEREAS, the City is the Local Participating Jurisdiction for projects on Texas
Department of Transportation (TxDOT) roadways within the City limits; and
WHEREAS, Labelle desires to relocate the Walden Road Westbound Exit Ramp
from IH-10 to improve access to their property on the Westbound Service Road; and
WHEREAS, the City wishes to assist LaBelle with the relocation of the exit ramp by
entering into an agreement with the Texas Department of Transportation and Labelle; and
WHEREAS, LaBelle providing $200,000 in funding for the Project meets the
matching requirement.
NOW, THEREFORE, the parties hereto, for the consideration hereinafter named,
do agree as follows:
ARTICLE I
Section 1.01
The terms and conditions in the Master Advance Funding Agreement and the Local
Transportation Advance Funding Agreement between TxDOT and the City shall be
incorporated into this contract and are identified as Exhibit A and B, respectively.
Section 1.02
The Local Participation Cost of $200,000, as provided in Attachment C of the Local
Transportation Advance Funding Agreement, shall be the responsibility of LaBelle. This
cost is to be paid to the City at least 60 days prior to the date set for receipt of the
construction bids so as to allow City to timely comply with the local contribution
requirements of the Local Project Advance Funding Agreements.
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Section 1.03
This Agreement shall be deemed to have commenced on execution by both parties and
shall terminate upon completion of project construction.
ARTICLE II — MISCELLANEOUS
Section 2.01
Labelle shall indemnify City and shall hold City harmless from any damage to any property
or injuryto, or death of, any person, orwillful misconduct of LaBelle, its agents,employees,
representatives, contractors, servants, or invitees, arising out of or relating to this ramp
relocation. The foregoing indemnity obligations of LaBelle shall include reasonable
attorneys' fees, investigation costs and all other costs and expenses incurred by City, as
the case may be, from the first notice that any claim or demand has been made or may be
made. The provisions of this Section shall survive the termination of this Agreement.
Section 2.02
City's failure to exercise or delay in exercising any right or remedy under this Agreement
shall not constitute a waiver of such right or remedy or any other right or remedy set forth
herein. No waiver by City of any right or remedy under this Agreement shall be effective
unless made in writing duly executed by an authorized officer of City, and such waiver shall
be limited to the specific instance so written and shall not constitute a waiver of such right
or remedy in the future or of any other right or remedy under this Agreement.
Section 2.03
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall not be effected, but shall
remain binding and effective as against all parties hereto.
Section 2.04
All notices required pursuant to this Agreement shall be in writing and shall either be served
personally or sent by certified mail, return receipt requested, with a copy sent by facsimile.
The date of service of any such notice shall be the date such notice is received as
evidenced by the return receipt, or on the date such notice is first refused, if that is the
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case. Unless a party notifies the other that its address has changed, all notices shall be
sent to the respective parties as follows:
CITY OF BEAUMONT
Beaumont, Texas: Attention: Director of Public Works
P.O. Box 3827
Beaumont, TX 77704
LABELLE PARK, LP
Beaumont, Texas: Attention: Jimmy Broussard
P.O. Box 3111
Beaumont, TX 7704-3111
IN WITNESS WHEREOF, this Agreement has been executed on the above date by the
parties hereto:
CITY OF BEAUMONT LABELLE PARK, LP
BEAUMONT, TEXAS BEAUMONT, TEXAS
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City Manager 2 Name: raig Sherlock
Date: �� �6 Title: General Partner LaBelle Park, LP
Date: 2a� -;L�6
W aldenRampLaBelleAgreementmpd
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