HomeMy WebLinkAboutPACKET NOV 17 2009 RICH WITH OPPORTUNITY
17C A►[I 1�1 U1 11*
T - E - X - A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 17, 2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve compensation for the City Manager
B) Approve compensation for the City Attorney
C) Approve compensation for the City Clerk
D) Authorize the City Manager to execute a Memorandum of Understanding with the Texas
Data Exchange (TDEx) which is a comprehensive information sharing portal that allows
criminal justice agencies to exchange jail and records management systems data.
E) Authorize the City Manager to acknowledge the Texas Department of Transportation's
Plan Title Sheets for proposed improvements to the Union Pacific Railroad Crossings at
Liberty and Broadway Streets.
F) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Shalom Stone Subdivision.
A
November 17, 2009
Approve Compensation for the City Manager
The City Manager, Kyle Hayes, will receive a 3 % increase to base wages, which will be
$13,957.63 per month. The City of Beaumont will make an annual contribution of$16,500 to the
International City/County Management Association's Deferred Compensation Program. The City
Manager will receive a car allowance of$583.33 per month and an administrative allowance of
$500 per month. All other benefits extended to civilian employees will continue to be provided
as well.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT effective November 17, 2009, the base wages of the City Manager, Kyle Hayes, will
be $13,957.63 per month. A car allowance will be $583.33 per month. An administrative
allowance will be $500.00 per month. The City of Beaumont will make an annual
contribution of $16,500 to the International City/County Management Association's
Deferred Compensation Program.
NOTWITHSTANDING theforegoing compensation and benefits, all otherterms and
conditions of employment with the City of Beaumont shall be pursuant to City policy and
the Charter of the City of Beaumont, as with other civilian employees.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2009.
- Mayor Becky Ames -
B
November 17, 2009
Approve Compensation for the City Attorney
The City Attorney, Tyrone Cooper, will receive a 3%increase to base wages, which will be
$11,777.07 per month. The City of Beaumont will make an annual contribution of$22,000 to the
International City/County Management Association's Deferred Compensation Program. The City
Attorney will receive a car allowance of$583.33 per month and an administrative allowance of
$83.33 per month. All other benefits extended to civilian employees will continue to be provided
as well.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT effective November 17, 2009, the base wages of the City Attorney, Tyrone E.
Cooper, will be $11,777.07 per month. A car allowance will be $583.33 per month. An
administrative allowance will be $83.33 per month. The City of Beaumont will make an
annual contribution of$22,000 to the International City/County Management Association's
Deferred Compensation Program.
NOTWITHSTANDING the foregoing compensation and benefits, all otherterms and
conditions of employment with the City of Beaumont shall be pursuant to City policy and
the Charter of the City of Beaumont, as with other civilian employees.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2009.
- Mayor Becky Ames -
C
November 17, 2009
Approve Compensation for the City Clerk
The City Clerk, Tina Broussard, will receive a 3% increase to base wages, which will be
$4,909.67 per month. The City of Beaumont will make an annual contribution of$6,000 to the
International City/ County Management Association's Deferred Compensation Program. The
City Clerk will receive an administrative allowance of$50 per month. All other benefits
extended to civilian employees will continue to be provided as well.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT effective November 17, 2009, the base wages of the City Clerk, Tina Broussard,will
be $4,909.67 per month. She is to also receive an administrative allowance of $50 per
month. The City of Beaumont will make an annual contribution of $6,000.00 to the
International City/County Management Association's Deferred Compensation Program.
Notwithstanding the foregoing compensation and benefits, all other terms and
conditions of employment with the City of Beaumont shall be pursuant to City policy and
the Charter of the City of Beaumont, as with other civilian employees.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2009.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
111'EA, D
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: November 17, 2009
REQUESTED ACTION: Authorize the City Manager to execute a Memorandum of
Understanding with the Texas Data Exchange (TDEx) which is a
comprehensive information sharing portal that allows criminal
justice agencies to exchange jail and records management systems
data.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Beaumont Police Department investigators have been utilizing the Texas Data Exchange (TDEx)
as an investigative tool since 2006. Investigators are able to access the Texas Rangers Criminal
Information Database, DPS Criminal Law Enforcement Records and Information Systems, DPS
Highway Patrol Database, county jail incarceration records in custody and releases, Texas
Department of Criminal Justice prisoner data and multi jurisdictional reports, including
incidents, bookings and traffic citations. Currently the Beaumont Police Department does not
allow access to its records through TDEx. In the future, any such access will have to be
approved by the Chief of Police.
BUDGETARYIMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding and all other documents necessary to continue the Beaumont Police
Department's participation in the Texas Data Exchange (TDEx), a comprehensive
information sharing portal that allows criminal justice agencies to exchange jail and records
management systems data.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2009.
- Mayor Becky Ames -
TEXAS DEPARTMENT OF PUBLIC
CRIME RECORDS SERVICE
TEXAS DATA EXCHANGE (TDEx) USER/EOUIPMENT AGREEMENT
This document constitutes an agreement between the Texas Department of Public Safety
(TXDPS), State Administrator of the Texas Data Exchange (TDEx), P. O. Box 4143,
Austin, Texas, 78765-4143 and a criminal justice or law enforcement agency, hereinafter
referred to as the User Agency.
AGENCY
ADDRESS
This agreement is made pursuant to Chapter 791 of the Texas Government Code and/or
Chapter 771 of the Texas Government Code and sets forth duties and responsibilities for
both the TXDPS and the User Agency.
The User Agency will ensure that only approved persons performing authorized criminal
justice functions have access to TDEx.
TDEx information, including any analytical products derived there from, may not be used
as a basis for action or disseminated outside User Agency for any purpose or in any other
manner, unless the User Agency first obtains the express permission of the agency or
agencies that contributed the information in question. Specifically included within this
prohibition is any inclusion of TDEx information in an official case file and any use of
TDEx information in the preparation of judicial process such as affidavits, warrants, or
subpoenas. User Agency may not electronically retain TDEx information without
obtaining the TDEx contributing agency's permission. When TDEx information is
summarized or otherwise documented, the User Agency shall indicate that the
information was obtained from TDEx.
Notwithstanding the requirement in the preceding paragraph that TDEx information not
be used as a basis for action or disseminated without first obtaining the permission of the
contributing agency, in accordance with and to the extent permitted by applicable law,
court process, or applicable guidelines, immediate dissemination of TDEx information
without such permission can be made if the User Agency determines that:
(a) there is an actual or potential threat of terrorism, immediate danger
of death or serious physical injury to any person, or imminent harm to
U.S. national security; and
(b) it is necessary to disseminate such information without delay to
any appropriate recipient for the purpose of preventing or responding
to such a threat, danger, or harm.
Page 1 of 5
The User Agency shall immediately notify TXDPS and the TDEx contributing agency if
it disseminates any TDEx information under this exception. Any requests for reports or
information in TDEx from anyone other than a party to this User Agreement will be
directed to the TDEx User Agency which contributed the data.
TXDPS RESPONSIBILITIES REGARDING TDEx
TXDPS agrees to maintain, operate and manage TDEx communications and criminal justice
information systems on a 24-hour, 7- day per week and 365 days per year basis. TXDPS
further agrees to act as the State Administration Agency to facilitate the exchange of
information between the User Agency and the following agencies: Federal Bureau of
Investigation(FBI)Criminal Justice Information Services (CJIS)National Data Exchange
(N-DEx). TXDPS Driver's License Files(DL), Sex Offender Registration(SOR), Texas
Department of Criminal Justice (TDCJ)probation/parole data and other data files may be
implemented in future applications of information available to authorized users.
TXDPS reserves the right to restrict the type and scope of data to which the user may have
access. TXDPS will provide system training to TDEx users at no charge to the User
Agency at a time and location to be designated by TXDPS. The obligation of TXDPS to
incur training costs is conditional upon sufficient funds budgeted and available. No
financial liability will be incurred by TXDPS by virtue of this agreement beyond monies
available to it for the purpose of fulfilling this agreement.
TXDPS may provide or assist User Agency with the initial installation of adapter hardware,
records management system (RMS) and/or jail management system (JMS) software
enhancements or interface f inctionality(s). User Agency RMS and/or JMS software
enhancements delivered as the result of custom developed TDEx functionality are the
property of the User Agency or User Agency RMS/JMS software vendor. User Agency is
responsible for maintaining the capability to submit data to TDEx following User Agency
RMS/JMS enhancements or replacement.
TXDPS agrees to maintain its applicable TDEx hardware, software and functionality
including data adapter extraction and export methodology/technology plus future
implementation(s)involving National Information Exchange Model (NIEM) Information
Exchange Package Documentation(IEPDs). This determination may be made by TXDPS
or its authorized designee.
TDEx maintains an audit capability that will log the date, time, subject, and originating
account of all user queries. TXDPS will maintain the audit logs for five years or for the
life of the records accessed, whichever is longer.
TXDPS reserves the right to immediately suspend service to the User Agency when
applicable policies are violated. Service may be reinstated following such instances upon
receipt of satisfactory assurances that such violations have been corrected. All costs for
reconnection service are the responsibility of the User Agency. TXDPS shall have the
authority to inspect and audit the equipment, records, and operations of the User Agency to
determine compliance.
Page 2 of 5
USER AGENCY RESPONSIBILITIES REGARDING TDEx
The User Agency may only access and use TDEx information for official criminal justice
and national security purposes. TDEx information cannot be accessed or used for any
other purpose. User Agency agrees to allow TXDPS to share User Agency data
contributed to TDEx with other authorized criminal justice agencies.
The User Agency shall abide by all laws of the United States and the State of Texas, and
shall abide by all present or hereinafter approved rules, policies and procedures of TDEx
and N-DEx concerning the collection, storage, processing, search, retrieval, dissemination
and exchange of criminal justice information.
If the User Agency provides TDEx derived criminal justice information to another criminal
justice or law enforcement agency, which at that time is not operating through TDEx
pursuant to a TDEx User Agreement, then it shall be the responsibility of the User Agency
to verify that the non-user agency abides by the laws of the United States and the State of
Texas and the operational policies of the applicable systems.
The User Agency agrees to appoint a TDEx Agency Administrator responsible for:
a. Acting as the single point of contact for TDEx issues;
b. Ensuring compliance with this agreement, current and future versions of policies
and procedures regarding TDEx and all applicable state and federal laws;
C. Vetting, authorizing and managing users through the role based user management
tools provided in TDEx;
d. Terminating user access immediately upon user separation from the agency or
otherwise become ineligible for access;
e. Ensuring that all users from that agency are trained and informed of policies and
procedures;
f. Reporting security incidents to the TXDPS CJIS Information Security Officer
(ISO), as required by the User Agency's CJIS Security Addendum.
The User Agency must notify the TDEx State Administrator immediately whenever the
incumbent Agency Administrator is replaced.
User Agency certifies that all User Agency staff with access to TDEx have undergone
background checks consistent with Texas or federal requirements, so long as, at a
minimum, those requirements included a criminal history and national fingerprint check.
The User Agency shall be responsible for maintaining the User Agency RMS and/or JMS in
good working order. The User Agency agrees to maintain its applicable hardware, RMS,
JMS, and adapter interface functionality(s) to maintain complete and continual functionality
with TDEx. User Agency hardware(including workstations utilized to access), RMS, JMS
and adapter interface shall be installed in a location where only authorized personnel have
access.
The User Agency is responsible for providing its own Internet connectivity and
maintenance which meets CJIS Security Policy requirements.
Page 3 of 5
Each TDEx contributing User Agency retains sole ownership of, sole responsibility for,
and exclusive control over the content of the information that it contributes to TDEx, and
each User Agency may, at will and at any time, update, correct, or delete the information
that it contributes to TDEx. Each TDEx contributing User Agency has the sole
responsibility to ensure that information that it contributes to TDEx was not obtained and
is not maintained in violation of any federal, state, or local law applicable to that agency.
In addition, each TDEx contributing agency has the sole responsibility and accountability
for ensuring compliance with all laws, regulations, policies, and procedures applicable to
its entry and sharing of information into TDEx. TDEx User Agency will duly report to
TXDPS and the contributing User Agency in writing any instance in which TDEx
information is used in an unauthorized manner. Such notice is to be provided in a timely
manner within three days of when the party first learned of the unauthorized use.
Each TDEx contributing User Agency has the duty, sole responsibility, and
accountability to make reasonable efforts to ensure the accuracy upon entry, and
continuing accuracy thereafter, of information that it contributes to TDEx. Should
TXDPS receive a challenge to or reasonable question about the accuracy of the
information in TDEx, TXDPS will notify the TDEx User Agency.
Any User Agency data or process related to TDEx that could affect and cause degradation of
service to other TDEx users must be authorized by TXDPS prior to implementation.
TXDPS reserves the right to refuse such application on TDEx should resources not be
available, or in the best interest of the TDEx users.
TDEX USER AGREEMENT TERMINATION AND DURATION
This TDEx User Agreement may be terminated at any time upon the mutual written
consent of the parties. In the event that both parties consent to terminate this TDEx User
Agreement, the parties will consult prior to the date of termination to ensure termination
on the most economical and equitable terms.
Either party may terminate this TDEx User Agreement upon 30 days written notice to the
other party. Such notice will be the subject of immediate consultation by the parties to
decide upon the appropriate course of action. In the event of such termination, the
following with apply:
(a) The terminating party will continue participation, financial or
otherwise, up to the effective date of termination.
(b) Each party will pay the costs it incurs as a result of termination.
(c) All rights, obligations, responsibilities, limitations, and other
understandings with respect to the disclosure and use of all
information received during a party's participation in this MOU shall
survive any termination.
This TDEx User Agreement will enter into force on the day it is signed by the last party
and it will remain in effect until terminated or modified by the parties may be terminated
at any time upon the mutual written consent of the parties. In the event that both parties
Page 4 of 5
i
consent to terminate this MOU, the parties will consult prior to the date of termination to
ensure termination on the most economical and equitable terns.
User Agency,to the extent authorized by law,agrees to indemnify and save harmless
TXDPS, its Director and Employees from and against any and all claims,demands,actions
and suits, including but not limited to any liability for damages by reason of or arising out of
any false arrest or imprisonment or any cause of action whatsoever,arising out of or
involving any negligence on the part of the User Agency or its employees in the exercise of
enjoyment of this Agreement.
In WITNESS WHEREOF,the parties hereto caused this Agreement to be executed by the
proper officers and officials.
TEXAS DEPARTMENT OF PUBLIC SAFETY
By S e y-e,4 C' ml c � ro vy
Title 0 re C7 O r
Signature 0
Date —7/1° /12oo 7
USER AGENCY
By
Title
Signature
Date
Page 5 of 5
TEXAS DATA EXCHANGE (TDEx) ACCOUNT ADMINISTRATION
TEXAS DEPARTMENT OF PUBLIC SAFETY
CRIME RECORDS SERVICE
i
The participating agency agrees to name a TDEx Agency Administrator responsible for:
1. Acting as the single point of contact for TDEx issues;
2. Ensuring compliance with this agreement, current and future versions of the
TDEx Security Policy, Department policies and procedures regarding TDEx, and
all applicable state and federal laws;
3. Authorizing users from that agency to participate in the TDEx system;
4. Granting users access through the user management tools provided by the
system;
5. Removing users from the system when they leave the agency or otherwise
become ineligible for access;
6. Ensuring that all users from that agency are trained and informed of policies and
procedures that govern TDEx;
7. Reporting security incidents to the Texas Department of Public Safety CJIS ISO,
as required by the TDEx User Agreement.
8. The participating agency must notify the TDEx System State Administrator
immediately whenever the incumbent TDEx Agency Administrator is replaced
by a new person.
The participating agency will ensure that only approved persons performing authorized functions
have access to the TDEx system.
FOR THE PARTICIPATING AGENCY:
Agency Name Date
Agency Director(Signature) Agency Director(Print Name)
Agency Administrator assigned(Print Name) Agency Administrator Phone Number
RICH WITH OPPORTUNITY
1111LA,111�lcl E
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 17, 2009
REQUESTED ACTION: City Council authorize the City Manager to acknowledge
the Texas Department of Transportation's Plan Title Sheets
for proposed improvements to the Union Pacific Railroad
Crossings at Liberty and Broadway Streets.
RECOMMENDATION
Administration recommends City Council authorize the City Manager to acknowledge the Texas
Department of Transportation's Plan Title Sheets for proposed improvements to the Union
Pacific Railroad Crossings at Liberty and Broadway Streets.
BACKGROUND
The Texas Department of Transportation(TxDOT) has submitted to the City plans for
improvements to the railroad wanting devices at the Liberty and Broadway Street crossings with
the Union Pacific Railroad (UPRR). The proposed improvements include upgrades to the
flashing lights, electrical circuits,bells and the installation of gate arms at both crossings.
Upon completion of the proposed improvements, the City will be responsible for the
maintenance of the advanced warning signs and pavement markings at both crossings.
Additionally, the City will be responsible for the trimming and maintaining of trees and
vegetation for adequate visibility of the crossing signals and warning signs.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to acknowledge the Texas
Department of Transportation's Plan Title Sheets for proposed improvements to the union
Pacific Railroad Crossings at Liberty and Broadway Streets.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2009.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
[I r ► �
T - E X - A - S
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 17, 2009
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in Shalom Stone Subdivision.
RECOMMENDATION
The administration recommends approval of the following:
• Jordan Avenue approximately 931 feet north of existing Tram Road to, and
including, the cul-de-sac.
Also, recommended for approval are the storm sewer, water and sanitary sewer improvements for
Shalom Stone Subdivision.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on October 13, 2009.
BUDGETARY IMPACT
None.
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in Shalom Stone Subdivision have been completed as follows:
Street
• Jordan Avenue approximately 931 feet north of existing Tram Road to, and
including, the cul-de-sac.
Storm Sewer, Water and Sanitary Sewer Improvements
• Shalom Stone Subdivision.
WHEREAS, the developers of said street desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in the Shalom Stone Subdivision, with the exception of streetlights, are hereby accepted
by the City of Beaumont and shall be continuously maintained by the City contingent upon
filing of the final plat, complete with filings of dedication of all rights-of-way and easements
required on the preliminary and final plats and installation of the streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2009.
- Mayor Becky Ames -
I •- "' "_ LIMIT,
CITY ARTH
BEAUMONT
BRENDA
��I211'dd.
DEBBIE.. 39QOy{
H92It1H3
93 to
V1
� xj 9NIW3��
C
M ` V INSON
O O Fox ..,
Z COVE .H 3�}
LF
BST
WALKER KER �C�ck TIM$eR RI
SAN AN ELMO
$YTHE d
s UNO B r < ES.�
SAN rl a p ROD _
SAN d C RLOS d y r o N
SAN ❑ z � CHANTED
r
' DIEGO y N v,
£ Nln� Q,o
r
r
Vi Q-4
"l(*1
i-o'o
RICH WITH OPPORTUNITY
11L A► �
T - E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 17, 2009 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition: Receive a presentation relating to the Entergy
Texas SCORE Program
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider authorizing the City Manager to submit and accept a grant from the
Texas Department of Rural Affairs for Supplemental Disaster Recovery Non-
Housing Activities
2. Consider authorizing the City Manager to execute a contract with Johnson
Controls, Inc. related to conducting an evaluation study of various city facilities
and conservation measures that could be implemented
3. Consider approving amendments to Chapter 28, Utilities, Article IV, Water and
Sewer Line Extensions, of the Code of Ordinances related to sanitary sewer lift
stations
WORKSESSION
* Review and discuss a request from the Beaumont Metropolitan YMCA
* Review and discuss a Police Department Advisory Committee
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:
Eric Kvarme, et al v. City of Beaumont, et al.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Lenny Caballero at 880-3716 three days prior to the
meeting.
1
November 17, 2009
City Council authorize the City Manager to submit and accept a grant from the Texas
Department of Rural Affairs for Supplemental Disaster Recovery Non-Housing Activities.
RICH WITH OPPORTUNITY
r . �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 17, 2009
REQUESTED ACTION: City Council authorize the City Manager to submit and
accept a grant from the Texas Department of Rural Affairs
for Supplemental Disaster Recovery Non-Housing
Activities.
RECOMMENDATION
Administration recommends City Council authorize the City Manager to submit and accept a
grant from the Texas Department of Rural Affairs for Supplemental Disaster Recovery Non-
Housing Activities. The projects identified for funding under this grant are the Riverfront Park
Bank Stabilization and Cartwright/Corley Projects.
BACKGROUND
The Texas Department of Rural Affairs (TDRA) notified the City that $4,328,912 in
Supplemental Disaster Recovery Non-Housing Activities are available for infrastructure that was
damaged or failed to perform during Hurricane Ike. The two projects recommended for funding
under this grant are the Riverfront Park Bank Stabilization and Cartwright/Corley Projects. These
projects are currently identified in the Design or Construction Phase of the 2010-2014 Capital
Program.
The northern portion of Riverfront Park is experiencing erosion due to the currents in the river.
Although not as severe, erosion is also occurring along several other sections of the park. During
Hurricane Ike, the northern section of the park received extensive damage to the bank and
boardwalk due to the storm surge. As a result a portion of the park has been cordoned off to
prevent use of the damaged sections of the park. Improvements to the park include the
installation of a bulkhead on the northern section at an estimated cost of$2,606,015.
The Cartwright/Corley Drainage Project is a joint participation project with Drainage District
No.6. The project includes the installation of detention ponds and an underground drainage
system in the Cartwright/Corley area between 4`h and IH-10. The City will be responsible for the
installation of an underground drainage system on Blanchette near l 11h Street. The estimated cost
of this project is $1,722,897.
BUDGETARY IMPACT
None. There are no matching funds required for this grant.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to submit and accept a grant from
the Texas Department of Rural Affairs for Supplemental Disaster Recovery Non-Housing
Activities to fund the Riverfront Park Bank Stabilization and Cartwright/Corley Projects.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2009.
- Mayor Becky Ames -
Z
November 17, 2009
Consider authorizing the City Manager to execute a contract with Johnson Controls, Inc. (JCI)
RICH WITH OPPORTUNITY
17C A► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 17, 2009
REQUESTED ACTION: City Council consider authorizing the City Manager to
execute a contract with Johnson Controls, Inc. (JCI)
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a contract with JCI for
providing a Detailed Evaluation Study of the City's facilities in the amount of$72,352.
BACKGROUND
JCI has provided the City with a preliminary Energy Use Study at no charge. This study
determined that the City could reduce its energy consumption by implementing various energy
conservation measures.
City Council approved the award of an energy savings performance contract to JCI on January
13, 2009. At the time of the award, the cost for the detailed evaluation study was not available.
The Detailed Evaluation Study of the City's facilities will analyze operational expenditures of
existing and new facilities and identify improvement measures that can reduce operating costs.
Some of the improvement measures that could be recommended include:
Interior and Exterior Lighting Upgrades
Solar Window Film
HVAC upgrades
Direct Digital Control Upgrades
Roofing Improvements
Water Conservation Improvements
The cost of the study does not include implementation of the recommended upgrades. These
upgrades, depending on cost, can be phased in as funds become available.
BUDGETARY IMPACT
Funds for the study are available from the Energy Efficiency and Conservation Block Grant
program funded by the American Recovery and Reinvestment Act of 2009.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Johnson
Controls, Inc., in the amount of $72,352 for a Detailed Evaluation Study of City facilities.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2009.
- Mayor Becky Ames -
3
November 17, 2009
Consider approving amendments to Chapter 28, Utilities, Article IV, water and sewer line
extensions, of the Code of Ordinances related to sanitary sewer lift stations
RICH WITH OPPORTUNITY
[I r
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: November 17, 2009
REQUESTED ACTION: City Council consider amendments to Chapter 28, Utilities,
Article IV, Water and Sewer Line Extensions, of the City of
Beaumont Code of Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 28, Utilities,
Article IV, Water and Sewer Line Extensions..
BACKGROUND
The City of Beaumont, Water Utilities Department, owns and operates 97 sanitary sewer lift
stations. The owner of a new development requiring a sanitary sewer lift station shall build the
station at his cost and as per the Water Utilities Department specifications. Once the lift station
is built and placed in operation, it becomes part of the Water Utilities Department wastewater
collection system. To minimize the number of lift stations in the City, the Water Utilities
Department requires the developer to size the lift station to serve his property as well as adjacent
property that can develop in the future. If the developer is required to build a lift station larger
than the size required to serve his property, the proposed amendments will ensure that the
developer of lift station will be reimbursed by the City if funds are available or by other property
owners once they tie their development to the lift station.
The amendments are recommended for approval by the City Manager and the Water Utilities
Director.
BUDGETARYIMPACT
None.
Sec.28-80.Definitions.
As used in this article, the following terms shall have the respective meanings ascribed to
them:
Boundary sewer: A sewer installed in a street bounding a development or faced on only
one side by a development, which can also serve property not included in the
development on the opposite side of the street.
Boundary water line: A water line, installed in a street bounding a development or faced
on only one side by a development, which can also serve property not included in the
development on the opposite side of the street.
Boundary sanitary sewer lift station: A sanitary sewer lift station built for serving a
specific development, which can also serve property not included in the development but
adjacent to it that may develop in the future
Department: The water utilities department of the city.
Development: A subdivision, as defined in the city's subdivision regulations.
Director: The director of the water utilities department or his appointed representative.
Engineer: A professional engineer licensed by the state.
Lot: Land occupied or intended for occupancy by a main building together with its
accessory buildings, and the yard and parking spaces required, and having its principal
frontage upon a street as defined herein,
Owner's front footage: Owner's front footage, for purposes of determining pro rata
charges to be paid by the owner of a lot for sewer service or water service and for which
there will be no reimbursement, shall be determined by the owner's lot condition, as
follows:
(a) Regular lot: A lot generally rectangular in shape. Front footage of a regular lot shall
be measured along the property line facing the street.
(b) Irregular lot: Any lot of a nonrectangular shape, except the radial lot defined below.
The front footage of an irregular lot shall be equal to one front foot for each one hundred
twenty-five (125) square feet of lot area, but shall never exceed the maximum measured
width of the lot at any depth of the lot, parallel to the street line.
(c) Radial lot: A lot abutting a curved street and in general having sides which are
radial to the street. Front footage of a radial lot shall be measured as the chord distance at
a point twenty-five (25)feet from the front property line.
(d) Corner lot: A lot situated on the corner of a block and having more than one side
facing a street. Front footage shall be measured along the side of the lot to which service
connection is made.
Pro rata: The charge per front foot of abutting land to be paid by the lot owner or owner
of a development to aid in defraying the cost of supplying sewer service or water service
(as the case may be)to their lot or site. The amount of the charge will be determined by
the department.
(a) Single pro rata: The charge based on the front footage of abutting land on only one
side of the street or easement.
(b) Double pro rata: The charge based on the front footage of abutting land on both
sides of the street or easement.
Street: A public thoroughfare which has been dedicated or deeded to the public for public
use, which has been officially approved by the governing body of the city, and which
affords the principal means of access to property abutting it.
(Code 1958, § 40A-2; Ord. No. 08-040, § 31, 5-13-08)
Sec.25-81.Purpose and scope.
The purpose of this article is to establish a policy for the city for extending sanitary sewer
and water lines and for the sewer and water service connections to such extensions, and
to establish rules governing such extensions and connections. The article also establishes
rules governing the construction of sanitary sewer lift stations. It is not the intention of
this article to obligate, and the city shall not be obligated to participate in or proceed with
any construction covered by this article when funds are not available or when, in the
discretion of the director of water utilities, the construction is not practical. It is not the
intention of this article to limit the right of the city to extend sanitary sewer or water lines
at its own cost and collect the charges herein set forth from the applicants for sewer or
water service, and such right is herein reserved. The city shall own all sewer lines, water
lines, and sanitary sewer lift stations, including service connections, constructed and
accepted under the terms of this article.
(Code 1958, § 40A-1; Ord. No. 08-040, § 32, 5-13-08)
Sec.28-82.General rules for extensions.
Sanitary sewer lines or water lines will be extended in the city in accordance with the
following rules:
(1) Individual lots: Sanitary sewers and water lines of proper size will be extended by
the city in its easements and streets to serve individual lots, according to the following
rules:
(a) For the first three hundred (300) feet of the extension(not including the width of
street intersections and alleys), the lot owner requesting extension shall pay single pro
rata for the distance of the extension. This pro rata is reimbursable as hereinafter
provided, except for the pro rata paid on the owner's front footage.
(b) For the remainder of the extension required to install the sewer or water line across
the total width of the lot of the owner requesting extension, the lot owner shall pay
double pro rata. This pro rata is reimbursable as hereinafter provided, except for the pro
rata paid on the owner's front footage.
(c) Should the lot owner requesting extension require a sewer or water line in excess of
the size required by the city, the owner shall pay all additional costs for the oversize
sewer or water line.
(d) In addition to the payments specified above, the lot owner or customer must pay the
appropriate service connection charges before service connections can be made.
(e) No construction shall be scheduled nor begun by the city until all extension charges
have been paid to the city.
(2) Developments: The owner of a development shall pay for and install all sewer and
water lines and necessary appurtenances thereto within the boundaries of the
development. Lifl stations required by the development within its boundaries shall be
paid for and installed by the owner of the development. (DELETE THIS SECTION)
The city will extend sewers or water lines of proper capacity outside the boundaries of
the development to service the development after the following applicable requirements
have been satisfied:
(a) The owner of the development shall pay all costs for installation of sewer or water
line extensions required to extend services to the boundary of the development.
(b) Should the extension involve the construction of a boundary sewer or boundary
water line, the owner of the development shall pay double pro rata to the city based on
the footage of the development property abutting the boundary sewer or boundary water
line, as applicable.
(c) Should the city require water line extensions or interior water lines larger in size
than required for the development so long as said water lines are between the sizes of six
(6) inches and sixteen (16) inches, inclusive, the city shall pay one and one-half(1.5)
times the difference in cost of materials for said water lines. Also, due allowance shall be
made to the owner of the development for intersections and alleys crossed, outside the
development.
Should the city require sewer line extensions or interior sewers larger in size than
required for the development, the city shall pay for that portion of material cost over and
above such requirements. Also, due allowance shall be made to the owner of the
development for intersections and alleys crossed, outside the development.
(d) No sewer or water line extension shall be scheduled until all charges specified
herein have been paid by the owner of the development to the city.
(Code 1958, § 40A-3; Ord. No. 75-46, § 1, 7-15-75)
Sec.2&83.Charges for sewer and water service.
When no extension of sanitary sewer or water lines(as the case may be) is necessary to
serve an applicant for service, the applicant shall pay pro rata on owner's front footage in
addition to the service connection charge before connection is made to the sewer or water
line. However, if the sewer or water line is within a development, or if the connection is
to be made to a sewer or water line existing on the date of passage of this article, only the
service connection charge shall be paid.
(Code 1958, § 40A-4)
Sec.28-84.Exemption.
After October 22, 1968,the city shall not collect pro rata on owner's front footage from
any applicant for water or sewer service to a lot upon which the main building or
structure was completed and in existence on October 22, 1968, nor from any applicant for
service to a lot upon which a main building or structure exists for five (5) years after
October 22, 1968, without being provided a sewer and water line upon which connection
could be made. Service connection charges shall, however, be paid by such applicants.
(Code 1958, § 40A-4.1)
Sec.284M Reimbursement.
(1) Owners of lots or developments who participate under this policy in the cost of
sewer or water line extensions to their lots or sites are eligible for certain reimbursement
of such cost, as specified herein, from the city. Except as provided in(2)below, such
owners are eligible for reimbursement to be made from pro rata collected by the city from
connections to the sewer extension or water line extension(as the case may be) during
the period of five(5)years after completion of the extension, according to the following
rules:
(a) No reimbursement shall be made to a lot owner for the owner's front footage pro
rata. No reimbursement shall be made to a development owner for the cost of sewers or
water lines within the boundaries of the development.
(b) Upon written application of the owner, reimbursements shall be made once each
year during the month of October to cover reimbursable charges collected during the
preceding fiscal year.
(c) A lot owner will be reimbursed one-half the amount of pro rata collected from
connections to that portion(the first three hundred(300)foot section provided for in
section 28-82(1)(a)) up to the boundary of the owner's lot.
(d) A lot owner will be reimbursed the amount of double pro rata collected from
connections to extensions in excess of the three hundred (300) foot section provided for
in section 28-82(1)(a), up to the boundary of the owner's lot.
(e) A lot owner will be reimbursed the amount of single pro rata collected for
connections from owner's opposite frontage.
(f) Owners of developments will be reimbursed the amount of pro rata collected from
connections to off-site extensions(outside the development) and boundary sewers and
boundary water lines for which they have made payment.
(g) An owner will never be paid more than one hundred(100)per cent of the amount
actually paid by such owner for extensions along frontage other than his own property.
(h) No reimbursements shall be made by the city to an owner after one year from the
end of the five(5) year period of eligibility.
(2) In addition to the reimbursements provided for above, the owner of a lot used for
an industrial or commercial establishment, who has paid additional costs for oversized
water lines, as provided in section 28-82(1)(c), shall be eligible for additional
reimbursement from water revenues from the said water line extension, in the amount of
forty(40) per cent of the annual gross revenue, for a period of five (5)years from the date
of completion of the extension, provided that the additional reimbursement shall never
exceed eighty(80)per cent of the total additional cost of the extension.
(Code 1958, § 40A-5)
Sec.28-86.Eztemions outside of city.
The city may, with specific approval of the city council, extend sewer or water service
outside of the city, according to the following rules:
(1) The provisions of section 28-82, with the exception of the reimbursement
provisions, shall apply to sewer and water line extensions outside the city limits.
(2) Any lot owner applying for service connections to sewers or water lines extended
under the terms of this article shall pay single pro rata on the owner's front footage.
(3) All applicants for sewer or water service shall pay double the service connection
charge applicable within the city.
(4) There shall be no reimbursement for extensions outside the city.
(Code 1958, §40A-6)
Sec.28-87.Contruction requirements
(a) Before work begins under a contract for construction of sewers or water lines in a
development, proof of the following must be submitted to the director by the owner of the
development:
(1) All construction will be in accordance with department approved plans and
specifications.
(2) The contractor has public liability insurance acceptable to the city in the amount of
not less than two hundred fifty thousand dollars/five hundred thousand dollars
($250,000.00/$500,000.00) for bodily injury and twenty thousand dollars($20,000.00)
for property damage.
(b) When all of the requirements of this section have been met, the director will issue a
letter to the owner of the development giving permission to begin construction.
(c) All sewer and water line installations shall be designed in accordance with criteria
and specifications established by the department.
(d) All engineering services shall be provided by the city for extensions to individual
lots with costs thereof included in the total cost of construction.
(e) All engineering services required, including resident inspection, for construction of
sewers or water lines within the boundaries of developments, shall be furnished by the
development's engineer. Plans, specifications and contract documents shall be approved
by the department prior to construction.
(f) Responsibility for resident inspection of construction shall be included in and be a
part of the engineering services set forth above. During actual construction, the engineer
or his representative, shall be on the site at all times. The engineer shall have the right to
halt construction when there is an indication that the plans and specifications are not
being or have not been followed until such deviations are corrected to his satisfaction.
The engineer shall, upon satisfactory completion of the project, issue to the director a
letter certifying the construction meets the requirements of all the plans and specifications
and was completed to the satisfaction of the engineer.
(g) In addition to the resident inspection specified above, and where resident inspection
is not a responsibility of the department, department inspectors shall visit the site
periodically and upon project completion, shall recommend to the director that final
approval be given.
(h) The owner of a development desiring sewer or water line extension to its boundary
shall submit a written request to the director listing the lots and blocks of the property
abutting the extension. Two(2)approved plats of the area to be served shall be included
with the request and become the property of the city. If the area for which service is
requested is part of a larger area owned or controlled by the owner of the development
and which can reasonably be expected to require future extensions, then two(2)
preliminary plats of the larger area shall also be submitted showing a tentative design of
overall layout for the entire area.
(Code 1958, § 40A-7; Ord. No. 08-040, § 33, 5-13-08)
Sec. 28-88. Sanitary sewer lift stations
If a boundary sanitary sewer lift station is required to provide sanitary sewer service to
the development, a development should be responsible for the design and construction
costs of such sanitary sewer lift station and all related appurtenances.
The City may require the developer to increase the structure, motor, and pump sizes of
the sanitary, sewer lift station to accommodate future: developments in the area. If funds
are available, the City will participate in the constriction cost for acreage outside the
limits of the proposed development. The City's participation value shall be determined
by the number of acres outside the limits of the proposed development multiplied by the
sanitary sewer lift station construction cost per acre at the time of installation. The City
will not participate in any cost if the structures is sized for the proposed subdivision and
additional wastewater flow to the sanitary sewer lift station will only require pump and
motor changes and/or modifications.
The owners of future adjacent developments that have to discharge wastewater to an
existing boundary sanitary sewer lift station, must reimburse the City or the developer of
the sanitary sewer lift station. The pro-rata reimbursement will be determined based on
the total acreage the sanitary sewer lift station was required to accommodate and the
sanitary sewer lift station construction cost per acre. The reimbursement value shall be
determined b_y number of acres added to the sanitary sewer lift station multiplied by the
construction cost per acre at the time of installation. The owners of the new
developments will also be responsible for any and all required changes and/or
modifications to the existing; pumps and motors.
fhe construction cost of a sanitary sewer lift station shall be obtained through a bidding
process abiding by State procurement laws to guarantee compatible pricing to the City
and the Developers The date when the sanitary sewer lift station was built will not affect
the content of this Ordinance
See.28-88.Reserved.
Editor's note: Former section 28-88, pertaining to exceptions to this article and deriving
from section 40A-8 of the 1958 Code, was repealed in its entirety by Ordinance 08-040, §
34, adopted May 13, 2008.
Secs.28-89-28-99.Reserved.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28,
ARTICLE IV, WATER AND SEWER LINE EXTENSIONS,
SECTIONS 28-80, 28-81 AND SUBSECTION 28-82(2), AND
ADDING A NEW SECTION 28-88; PROVIDING FOR
REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28, Article IV, Section 28-80, of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended by adding the following definition:
Boundary sanitary sewer lift station: A sanitary sewer lift station built for
serving a specific development, which can also serve property not included
in the development but adjacent to it that may develop in the future.
Section 2.
That Chapter 28, Article IV, Section 28-81, of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to read as follows:
Sec. 28-81. Purpose and scope.
The purpose of this article is to establish a policy for the city for extending
sanitary sewer and water lines and for the sewer and water service
connections to such extensions, and to establish rules governing such
extensions and connections. The article also establishes rules governing the
construction of sanitary sewer lift stations. It is not the intention of this article
to obligate, and the city shall not be obligated to participate in or proceed
with any construction covered by this article when funds are not available or
when, in the discretion of the director of water utilities, the construction is not
practical. It is not the intention of this article to limit the right of the city to
extend sanitary sewer or water lines at its own cost and collect the charges
herein set forth from the applicants for sewer or water service, and such right
is herein reserved. The city shall own all sewer lines, water lines, and
sanitary sewer lift stations, including service connections, constructed and
accepted under the terms of this article.
Section 3.
That Chapter 28, Article IV, Subsection 28-82(2), of the Code of Ordinances of the
City of Beaumont be and the same is hereby amended to read as follows:
Sec. 28-82. General rules for extensions.
(2) Developments: The owner of a development shall pay for and install
all sewer and water lines and necessary appurtenances thereto within the
boundaries of the development.
The city will extend sewers or water lines of proper capacity outside
the boundaries of the development to service the development after the
following applicable requirements have been satisfied:
(a) The owner of the development shall pay all costs for
installation of sewer or water line extensions required to extend
services to the boundary of the development.
(b) Should the extension involve the construction of a boundary
sewer or boundary water line, the owner of the development shall pay
double pro rata to the city based on the footage of the development
property abutting the boundary sewer or boundary water line, as
applicable.
(c) Should the city require water line extensions or interior water
lines larger in size than required for the development so long as said
water lines are between the sizes of six (6) inches and sixteen (16)
inches, inclusive, the city shall pay one and one-half (1 .5) times the
difference in cost of materials for said water lines. Also, due
allowance shall be made to the owner of the development for
intersections and alleys crossed, outside the development.
Should the city require sewer line extensions or interior sewers
larger in size than required for the development, the city shall pay for
that portion of material cost over and above such requirements. Also,
due allowance shall be made to the owner of the development for
intersections and alleys crossed, outside the development.
(d) No sewer or water line extension shall be scheduled until all
charges specified herein have been paid by the owner of the
development to the city.
Section 4.
That Chapter 28, Article IV, of the Code of Ordinances of the City of Beaumont be
and the same is hereby amended by adding a new Section 28-88 to read as follows:
Sec. 28-88. Sanitary sewer lift stations.
If a boundary sanitary sewer lift station is required to provide sanitary sewer
service to the development, the developer should be responsible for the
design and construction costs of such sanitary sewer lift station and all
related appurtenances.
The City may require the developer to increase the structure, motor, and
pump sizes of the sanitary sewer lift station to accommodate future
developments in the area. If funds are available, the City will participate in
the construction cost for acreage outside the limits of the proposed
development. The City's participation value shall be determined by the
number of acres outside the limits of the proposed development multiplied
by the sanitary sewer lift station construction cost per acre at the time of
installation. The City will not participate in any cost if the structures is sized
for the proposed subdivision and additional wastewater flow to the sanitary
sewer lift station will only require pump and motor changes and/or
modifications.
The owners of future adjacent developments that have to discharge
wastewater to an existing boundary sanitary sewer lift station, must
reimburse the City or the developer of the sanitary sewer lift station. The
pro-rata reimbursement will be determined based on the total acreage the
sanitary sewer lift station was required to accommodate and the sanitary
sewer lift station construction cost per acre. The reimbursement value shall
be determined by number of acres added to the sanitary sewer lift station
multiplied by the construction cost per acre at the time of installation. The
owners of the new developments will also be responsible for any and all
required changes and/or modifications to the existing pumps and motors.
The construction cost of a sanitary sewer lift station shall be obtained
through a bidding process abiding by State procurement laws to guarantee
compatible pricing to the City and the Developers. The date when the
sanitary sewer lift station was built will not affect the content of this
Ordinance.
Section 5.
All ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 6.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2009.
- Mayor Becky Ames -
WORKSESSION
* Review and discuss a request from the Beaumont
Metropolitan YMCA
1710Z October 10,2009
Beaumont
Metropolitan
YMCA Dear Members of Beaumont City Council,
www.ymeabeaumont.org
This letter is to formally request the opportunity be on the work session agenda on November
Corporate office 17,2009 to discuss the future operating plan for the LL Melton facility. We are also requesting that
3455 Sarah sX our attached proposal be laced on the council agenda in an effort to seek formal approval from the
Beaumont,TX 77705 P P P g PP
Ph: 409-842-5550 city. Our attached proposal is a sub-lease agreement between Antioch Missionary Baptist Church and
Fax:409-842-4213 Beaumont Metropolitan YMCA. This agreement will allow Antioch Missionary Baptist Church to
manage the day to day operations of the LL Melton Facility from the date of approval until the end of
the YMCA's current lease with the city. Thank you in advance for allowing the YMCA to present
this proposal to the members of city council. If you have any questions feel free to contact me at:
Board of Directors 409-673-8255 or Jmoore@ymcabeaumont.org.
Gwen Ambres
Raymond Ambres Respectfully,
Bobbie Applegate Jeff Moore
Raj Ataya President/CEO
Brandon Bass YMCA of Metropolitan Beaumont
Brian Bean
Donna Blanchette
Dean Eberhardt
James Ferrell
Rhonda Hopson
Blanche Meyer
Ralph Muzzillo
Dr. Wagdy Rizk
Sammy Scoggin
Michael Seiden
Randy Shelton
Michael Siden
Art Simpson
Lee Smith
Wyatt Snider
John Thomasson
CEO
Jeff Moore
Board Chair
John Thomasson
United IY1
• Mission: To put Christian principles into practice through programs that build healthy spirit,mind and body for aff
SUBLEASE AGREEMENT
Date: 12009
Sublessor: Beaumont Metropolitan Y.M.C.A.
Sublessor's Address: �944X'**
Sublessee: Jehovah Jireh Village and/or Antioch Baptist Church
Sublessee's Address:
Subleased Premises: Being a portion of the South One-Half(S. /2) of Block Nineteen (19) in
the M. C. Cartwright Subdivision in the J. W. Bullock League of the City
of Beaumont, Jefferson County, Texas, and described more particularly by
metes and bounds as follows:
BEGINNING at an iron pin in the west line of Block Nineteen (19), said
iron pin marking the division line of the north and south one-half of Block
Nineteen (19); said point being the northwest corner of the south one-half
of Block Nineteen (19) and the southwest corner of the north one-half of
Block Nineteen (19);
THENCE, East along the dividing line of the north and south on-half of
Block Nineteen (19) a distance of six hundred ninety-seven and five-tenths
feet(6975) to an iron pin for corner, said iron pin being fifteen feet(15')
west of the east line of Block Nineteen (19);
THENCE, South 0°8'30" west along a line fifteen feet (15') from and
parallel to the east line of Block Nineteen (19) a distance of three hundred
five and sixty-five one hundredths feet(305.65') to an iron pin for corner
in the south line of Block Nineteen (19);
THENCE, West along the south line of Block Nineteen (19) a distance of
six hundred ninety-seven and five-tenths feet (697.5') to an iron pin for
corner, said iron pin being the southwest corner of Block Nineteen (19);
THENCE, North 0°8'30" east along the west line of block Nineteen (19) a
distance of three hundred five and sixty-five one hundredths feet(305.65')
to the PLACE OF BEGINNING, said tract containing four and eighty-nine
one hundredths (4.89) acres more or less.
Sublease Commencement Date: Thirty days from the date this Agreement is executed by
Sublessor and Sublessee.
Sublease Termination Date: April 30, 2020
Sublease Term: For the remainder of the Lease Agreement between the YMCA and the
City of Beaumont dated May 14, 1971, which is a sublease of a Lease
Page 1
I
Agreement between the City of Beaumont and Jefferson County and is
attached hereto as Exhibit "A".
Sublease Rent: One Dollar per year.
Permitted Sublease Use: A recreational facility with YMCA programs
Primary Lease
Date: May 1, 1971
Landlord: The City of Beaumont, Texas
Tenant: The Beaumont Metropolitan YMCA
A. Sublessee agrees to-
t. Sublease the Subleased Premises for the Sublease Term beginning on the
Sublease Commencement Date and ending on the Sublease Termination Date.
2. Pay the Sublease Rent to The City of Beaumont each year.
3• Sublessee hereby assumes and agrees to perform all obligations of Sublessor as
tenant under the Primary Lease relating to the Premises, and Sublessee agrees to abide by and
comply with all of the provisions of the Primary Lease during the term of this Sublease.
Sublessee hereby acknowledges that Sublessee has read and is familiar with the terms and
conditions of the Primary Lease, and Sublessee further hereby acknowledges and agrees that,
except as otherwise set forth in this Sublease, (a) this Sublease is and shall be and remain
expressly subject to all of the terms and conditions of the Primary Lease, and(b) except as
otherwise specifically set forth in this Sublease, Sublessor expressly retains and reserves all
rights and benefits applicable to Sublessor as tenant under the Primary Lease.
4. Sublessee hereby acknowledges and agrees that Sublessor is not responsible for
any repairs to the premises, nor will Sublessor, nor any of Sublessor's partners, officers,
directors, shareholders, agents, employees or representatives, be liable for any of the following:
(i) any of the Landlord's obligations under the Primary Lease; (ii) any interruption in utilities or
services to the Premises; (iii) any loss of or damage to any property of Sublessee or of
Sublessee's employees, agents, customers, guests or invitees (whether by theft or otherwise); (iv)
the failure of Landlord to perform any obligation of Landlord under the Primary Lease; or(v) any
damage or disturbance caused by others. Neither Sublessor nor Sublessee nor any of their
partners, officers, directors, shareholders, employees, agents or representatives has any personal
liability under this Sublease.
5. Sublessee must obtain and maintain in force and effect with respect to the
Premises, throughout the entire term of this Sublease, any and all insurance required to be
maintained by the "Tenant" pursuant to the terms of the Primary Lease. It is agreed that any and
all insurance required to be maintained by Sublessee pursuant to the terms of the Primary Lease
(as incorporated herein and assumed by Sublessee hereunder)must: (i) name Sublessor; and(ii)
name Sublessor and Landlord as additional insureds with respect to liability insurance. All
insurance policies required to be maintained by Sublessee hereunder must be written by
insurance companies reasonably satisfactory to Sublessor and Landlord. True, correct and
Page 2
complete copies of all such insurance policies (or certificates thereof in form and content
reasonably satisfactory to Sublessor and Landlord), evidencing that all such insurance policies
required to be obtained and maintained by Sublessee hereunder have been obtained and paid for,
must be provided to Sublessor and Landlord and any applicable mortgagees concurrently with the
execution of this Sublease and thereafter at least thirty (30) days prior to the expiration date of
any then-existing policies.
6. Sublessee accepts the Premises in its present, "AS-IS, WHERE IS" condition
and with all faults. By occupying the Premises, Sublessee: (a) acknowledges that Sublessee has
had full opportunity to examine the Premises and is fully informed, independently of Sublessor
or any employee, agent,representative, shareholder, officer or director of Sublessor, as to the
character, construction and structure of the Premises; (b) acknowledges that neither Sublessor nor
any of Sublessor's employees, agents, representatives, shareholders, officers or directors, has
made any representations, warranties or promises with respect to the Premises, including without
limitation any representation or warranty as to fitness thereof for any purpose; (c) accepts the
Premises in an "AS-IS, WHERE IS" condition and acknowledges that the premises comply
with all requirements imposed upon Sublessor under this Sublease; and (d) acknowledges and
agrees that the Premises are subject to the limitations, encumbrances, and other matters described
in the Primary Lease. TO THE EXTENT ALLOWED BY LAW, SUBLESSEE HEREBY
WAIVES ANY AND ALL RIGHTS AND PROTECTIONS WHICH MIGHT
OTHERWISE BE AFFORDED SUBLESSEE AT LAW OR OTHERWISE
CONCERNING HABITABILITY OR SUITABILITY OF THE PREMISES OR THE
CONDITION OF THE PREMISES (INCLUDING ANY BUILDINGS OR
IMPROVEMENTS).
7. Sublessee must maintain the Premises in good condition and repair and in all
respects in compliance with all obligations of Sublessor as tenant under the Primary Lease.
8. The Premises may be used by Sublessee only for the uses and purposes permitted
under the Primary Lease and for no other use or purpose.
9. Sublessee agrees to be responsible for all of the operational expenses of the
Leased Premises. Sublessee agrees to be responsible for all financial obligations of the Premises
including, insurance, taxes,utilities,personnel and any programs offered by Sublessee.
Sublessee agrees to be responsible for the costs of all facility operational expenses, including
building and grounds upkeep and maintenance, facility maintenance, pool maintenance and
improvements. From the Commencement Date of the Lease, Sublessee will be solely responsible
for all financial obligations of the Premises.
10. Sublessee agrees to maintain the facility in its current physical condition or better.
11. Sublessee agrees to accept, acknowledge and consent to the current schedule of
groups and individuals scheduled to rent the Leased Premises until all scheduled events have
concluded.
12. Sublessee will provide ongoing groups who currently meet at the Premises Ninety
(90) days notice from the Commencement date of this Agreement to relocate, if Sublessee does
not wish for the groups to continue utilizing the facility.
13. Sublessee will collect all membership revenue and will be responsible for setting
Page 3
membership rates and setting standards for membership. Sublessee agrees to open membership
and will not restrict memberships to the facility to members of Antioch Baptist Church or the
Jehovah Jireh Village.
terms. 14. Sublessee will honor all current memberships through the expiration of their
15. Sublessee will operate the following former Y.M.C.A. programs with the
cooperation of the Y.M.C.A.: after school, summer day camp, sports, teen activities, and aquatics
(swim lessons, swim team). Sublessee will operate these programs by collecting program fees
from participants in order to pay for operational expenses including salaries, program supplies,
and equipment. Program fees will be the sole property of Sublessee. Sublessor will be
reimbursed by Sublessee for any amounts it expends in its management or participation in the
YMCA programs. Sublessee agrees to provide regular audited financial statements and other
records to Sublessor so that Sublessor can insure that the obligations under the Primary Lease
concerning YMCA programs are being performed.
B. Sublessee agrees not to-
Use.
1. Use the Subleased Premises for any purpose other than the Permitted Sublease
2. Alter the Subleased Premises without the consent of Sublessor or Landlord.
3. Allow a lien to be placed on the Subleased Premises.
4. Assign this Sublease or Sublease any portion of the Subleased Premises without
Sublessor's and Landlord's written consent.
C. Sublessor agrees to-
t. Sublease the Subleased Premises to Sublessee for the Sublease Term.
2. Comply with Tenant's obligations under the Primary Lease.
3. Enforce Landlord's obligations under the Primary Lease.
E. Sublessor and Sublessee agree to the following:
1. Defaults by Sublessee are (a) failing to pay timely Sublease Rent, (b) abandoning
or vacating a substantial portion of the Subleased Premises, and(c) failing to comply within ten
(10) days after written notice with any provision of the Primary Lease or Sublease other than the
defaults set forth in(a) or(b) above.
2. Sublessor's remedies for Sublessee's default are to terminate this Sublease by
written notice and continue to perform under the Primary Lease Agreement with Landlord.
3• Default by Sublessor is failing to comply with any provision of this Sublease
within thirty days (30) atter written notice.
4. Notwithstanding any provision of the Primary Lease to the contrary, neither
Landlord nor Sublessor, nor any of Sublessor's partners, officers, directors, shareholders, agents,
Page 4
employees or representatives, shall be liable to Sublessee, or any of Sublessee's agents,
employees, servants, customers, guests or invitees, for any damage to persons or property due to
the condition, design, or any defect in the Premises or its mechanical systems that may exist on
the Sublease Commencement Date or that may subsequently occur. Sublessee, with respect to
itself and its agents, employees, servants, customers, guests and invitees, hereby expressly
assume all risks of damage to persons and property, either proximate or remote,by reason of the
present or future condition of the Premises.
5. Except upon the prior written consent of Sublessor and Landlord, which consent
may be granted or withheld in the sole discretion of Landlord as provided under the Primary
Lease and/or in the sole discretion of Sublessor, Sublessee will not voluntarily or involuntarily
transfer, convey, assign, mortgage or pledge this Sublease or any right or interest of Sublessee
hereunder, nor sublet any part of the Premises, nor permit the use or occupancy of any portion of
the Premises by anyone other than Sublessee.
6. This Sublease is subordinate to the Primary Lease, a copy of which Sublessee
acknowledges as received.
7. This Sublease constitutes the sole and entire agreement of the parties with respect
to the subject matter hereof and supersedes any prior understandings or written or oral agreement
between the parties respecting such subject matter.
8. SUBLESSEE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED
WARRANTY THAT THE PREMISES ARE SUITABLE FOR SUBLESSEE'S INTENDED
PURPOSE, AND SUBLESSEE'S OBLIGATION TO PERFORM UNDER THIS SUBLEASE
HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISE.
9. Exhibit "A" attached to this Sublease is deemed to be incorporated in this
Sublease as if fully set forth hereinabove.
10. The individual executing this Sublease on behalf of Sublessee represents and
warrants to Sublessor that Sublessee has full right and authority to enter into this Sublease and
performance obligations hereunder.
11. Sublessor and its representatives will have the right, at all reasonable times, to
enter upon the Premises for the purpose of examining and inspecting the same; provided,
however, this section will not be construed as imposing any obligation upon Sublessor to inspect
the Premises.
12. The provisions of the Primary Lease, to the extent that they do not conflict with
specific provisions contained in this Sublease, are fully incorporated into this Sublease. In the
event of any conflict between the provisions of the Primary Lease and the provisions contained in
this Sublease, the provisions of this Sublease will be controlling as between Sublessor and
Sublessee. Sublessee hereby agrees to be bound to Sublessor by, and to comply with all of the
terms and conditions of, the Primary Lease and to assume toward Sublessor and perform all of
the covenants, obligations and responsibilities that Sublessor by the Primary Lease assumes
toward the Landlord. SUBLESSEE HEREBY AGREES TO INDEMNIFY, DEFEND
(WITH COUNSEL APPROVED IN ADVANCE IN WRITING BY SUBLESSOR) AND
HOLD HARMLESS SUBLESSOR, AND SUBLESSOR'S AGENTS, FROM AND
AGAINST ANY AND ALL CLAIMS, LIABILITY, CAUSES OF ACTION, LOSS,
DAMAGES, COSTS AND EXPENSES ARISING FROM (i) ANY BREACH, VIOLATION
Page 5
OR NON-PERFORMANCE BY SUBLESSEE OF ANY OF THE TERMS AND
PROVISIONS OF THE PRIMARY LEASE OR THIS SUBLEASE, OR ARISING
UNDER THE PRIMARY LEASE, OR RESULTING FROM SUBLESSEE'S USE OR
OCCUPANCY OF THE PREMISES, OR(ii)ANY PERSONAL OR BODILY INJURY
TO PERSONS OR DAMAGE TO PROPERTY TO THE EXTENT THAT SUCH
DAMAGE OR INJURY WAS CAUSED,BY ANY NEGLIGENT ACT OR OMISSION,
OF SUBLESSEE OR ANY OF SUBLESSEE'S AGENTS, SERVANTS,EMPLOYEES,
CONTRACTORS, CUSTOMERS, GUESTS, OR INVITEES OF SUBLESSEE
OCCURRING DURING THE TERM OF THIS SUBLEASE.
13. The personal property and contents of the Premises will remain the sole property
of Sublessor. Sublessee may use the property with the permission of Sublessor. At the end of
the Sublease Agreement the personal property will remain the property of Sublessor unless other
arrangements are made.
14. The name of the facility will be "The L. L. Melton Family Life Center of Jehovah
Jireh Village."
15. Sublessor and Sublessee will cooperate to allow Sublessee to execute a new lease
or purchase of the Premises from Landlord, at the end of the Primary Lease. Sublessee and
Sublessor agree, with the consent of Landlord, that Sublessee will have the first right and option
to continue this lease agreement with the City of Beaumont.
16. Any disputes concerning this Sublease Agreement will be governed by the laws of
the State of Texas and venue for those disputes shall be in Jefferson County, Texas.
17. Either Sublessor or Sublessee may terminate this Agreement upon sixty (60) days
notice to the other party, with the consent of the Landlord.
SUBLESSOR: SUBLESSEE:
THE BEAUMONT METROPOLITAN JEHOVAH JIREH VILLAGE COMMUNITY
Y.M.C.A. DEVELOPMENT CENTER, INC.
By:----- __ __- _-- By:
Its: _jts:
Page 6
Consent of Landlord
Landlord consents to this sublease by Sublessor to Sublessee.
City of Beaumont
By:
Its:
Jefferson County, Texas
By:
Its:
Page 7
10/02/2009 13:25 4098803112 CITY MANAGERS OFFICE PAGE 08
THE STATE OF TEXAS x
COUNTY OF JEFFERSON )
This Lease is made and entered in duplicate try and
between Jefferson County, Texas, acting herein by and through
its County Judge, hereunto duly aut I horized I to :.ct by formal
order of its Commissioners Court, hereinafter called LESSOR,
and the City of Beaumont, Texas, municipal corporation located
in Jefferson County, Texas, acting herein by and through its
City Manager, hereunto duly authorized to act by Resolution of
its City Council, hereinafter called LESSEE.
1.
LESSOR lemma to LESSEE, and LESSEE hires from LESSOR,
as herein provided, the following-described premises, to-wit:
Being a portion of the-South One»Half (S.$)
of Block Nineteen (19) in the M. C. Cartwright
Subdivision in the J. W. Bullock League of the
City of Beaumont, Jefferson County. , Texas and
described more particularly by metes and bounds
as follows;
BEGINNING at an iron pin in the west line of?
Block Nineteen (192 said iron pin marking t e
division line of the north and south one hal
of Block Nineteen (19) ; said point being the
northwest corner of the south one-half of Buck
Nineteen (19) and the southwest corner of the
north one-half of Block Nineteen (19) ;
THENCE, East along the dividing line of the
north and south one-half of-Block Nineteen (1$)
a distance of six hundred ninety-seven and
five-tenths feet (697,51, to iron pin o
corner, said iron in beng f teen feet 15f)
west of the east line of ock Nineteen (19);:
THENCE,South 0413011 west along a line
fifteen feet (15 from and parallel to the
east line of Block Nineteen (19) a distance of
three hundred five and sixty-five one hundredths
feet (305.65') to an iron. pin for corner in the
south line of Block Nineteen (19) ;
THENCE, West along the south line of Block
Nineteen (19) a distance of six hundred
EXHIBIT "A"
10/02/2009 13:25 40988031 12 CITY MANAGERS OFFICE PAGE 09
ninety-seven and five-tenths feet (697.5. 1)
to an iron pin for corner, said iron pin
being the southwest corner of Block Nineteen
(19) ;
THENCE, North 0°8130" east along the west
line of Block Nineteen (19) a distance of
three hundred five and sixty-five one
hundredths feet (305.65) to the PLACE OF
BEGINNINC, said tract containing four and
eighty-nine one hundredths (4.89) acres more
or less.
2.
This Lease is for a term of Fifty (50) years, ; beginning
April 15, 1971.
3.
The total rent under this Lease is the sum of! Fifty
and N01100 ($50.00) Dollars. LESSEE agrees to pay LESSOR said
amount in annual installments of One and N01100 01.00 Dollar
each, beginning on the 15th day of April, 1971, and payeble on
the 15th day of April of each year thereafter during thje term of
this Lease. LESSEE shall not be held in default for nonpayment
of rent unless and until LESSOR gives LESSEE ten (10) dlys
notice in writing of said nonpayment.
4.
LESSEE may sublet the leased premises, or any! portion
thereof, to the Beaumont Y.M.C.A. to be used as a recreational area
for the Cititens of Beaumont.
5.
LESSEE shell have no authority to incur any obligations
on behalf of LESSOR,and LESSOR is not obligated Co furhish LESSEE
any equipment or improvements.
6.
This Lease may be terminated by either LESSOPior
LESSEE for any reason upon the giving of written notice to the
other party at least ninety (90) days prior to termination.
-2-
10/0212009 13:25 4098803112 CITY MANAGERS OFFICE PAGE 10
EXECUTED this 26th day of ;971.
JEFFERSON COUNTY
A3. 3
BY:ffn'CAL
.1 L.�a,e
g
jt_ ti0 jUdRA
1 `71
CITY OF BEAUMONT
ATTEST HY
ty Clerk
TILE S TA TF- 0.-TEFXA S
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on thiSI day
personally appeared CHESTER YOUNG,County Judge of Jefferson
County, Texas, known to me co be the person and officer whose
name is subscribed to the foregoing instrument and acknhwledged
to me that the same was the act of the said Jefferson County,
Texas, that he was duly authorized to_perform said act y the
Commissioners Court of said Jefferson County, and that a executed
the same as the act of said Jefferson county for the pu poses
and consideration therein expressed, and in the eapacit therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ole 26th
day of---&qL3Lj 3_9 7 1
4h
ROTARY PUBLIC,in and Or
Jefferson County, Texas
197 1. My Commission expires on the 1st day of Jun
10/02/2009 13:25 4098803112 CITY MANAGERS OFFICE PAGE 11
THE STA TE OF TEXAS
COUNTY OF JEFFERSON I
BEFORE ME the undersigned authority, on this day
personally appeared CHARLES V.HILL,City Manager of the City
of Beaumont Texas, known to me to be the person and o ficer
whose name is subscribed to the foregoing instrument e d
acknowledged to me that the same was the act of the said City
of Beaumont, a municipal co oration,•that he was duly authorized
to perform the same by the city Council of the City of,Beaumant,
and that he executed the same as the act of the said City of
Beaumont for the purposes and consideration therein expressed,
and in the capacity therein H fated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the jeo
SUBLEASE AGREEMENT
Date: 12009
Sublessor: Beaumont Metropolitan Y.M.C.A.
Sublessor's Address:
Sublessee: Jehovah Jireh Village and/or Antioch Baptist Church
Sublessee's Address:
Subleased Premises: Being a portion of the North One-Half(S. 72) of Block Nineteen (19) in
the M. C. Cartwright Subdivision in the J. W. Bullock League of the City
of Beaumont, Jefferson County, Texas, and described by metes and
bounds as follows:
BEGINNING at an iron pin in the West line of Block Nineteen (19)
marking the division of the North one-half(N.72) and south one-half(S.
'/2) of Block Nineteen(19), said iron pin being the Southwest corner of the
North one-half(N. '/2) and the Northwest corner of the South one-half(S.
1/2);
THENCE, North 0°08'30" East along the West line of the North one-half
(N. V2) of Block Nineteen (19) a distance of two hundred ninety and sixty-
five one hundredths feet (290.65') to a poitn for corner, said point being
South fifteen feet(15') from the Northwest corner of said Block Nineteen
(19);
THENCE, East fifteen feet(15') from and parallel to the North line of said
Block Nineteen(19) a distance of six hundred ninety-seven and five-tenths
feet (6975) to a point, said point being fifteen feet(15') from the east line
of said Block Nineteen(19);
THENCE, South 0°08'30" West fifteen feet (15') from and parallel to the
east line of said Block Nineteen (19) a distance of two hundred ninety and
sixty-five one hundredths feet (290.65') to a point for corner in the
dividing line between the North one-half N. %2) and the South one-half(S.
%2)of Block Nineteen(19);
THENCE, West along the dividing line between the Nroth and South one-
half(n. and S. %2) of Block Nineteen(19) a distance of six hundred ninety-
seven and five-tenths feet (697.5') to the place of beginning, said tract
containing four and sixty-five one hundredths (4.65) acres more or less.
Sublease Commencement Date: Thirty days from the date this Agreement is executed by
Sublessor and Sublessee.
Sublease Termination Date: March 31, 2021
Page 1
Sublease Term: For the remainder of the Lease Agreement between the YMCA and the
City of Beaumont dated February 16, 1971, and is attached hereto as
Exhibit "A".
Sublease Rent: One Dollar per year.
Permitted Sublease Use: A recreational facility with YMCA programs
Primary Lease
Date: February 16, 1971
Landlord: The City of Beaumont, Texas
Tenant: The Beaumont Metropolitan YMCA
A. Sublessee agrees to-
t. Sublease the Subleased Premises for the Sublease Term beginning on the
Sublease Commencement Date and ending on the Sublease Termination Date.
2. Pay the Sublease Rent to The City of Beaumont each year.
3• Sublessee hereby assumes and agrees to perform all obligations of Sublessor as
tenant under the Primary Lease relating to the Premises, and Sublessee agrees to abide by and
comply with all of the provisions of the Primary Lease during the term of this Sublease.
Sublessee hereby acknowledges that Sublessee has read and is familiar with the terms and
conditions of the Primary Lease, and Sublessee further hereby acknowledges and agrees that,
except as otherwise set forth in this Sublease, (a) this Sublease is and shall be and remain
expressly subject to all of the terms and conditions of the Primary Lease, and(b) except as
otherwise specifically set forth in this Sublease, Sublessor expressly retains and reserves all
rights and benefits applicable to Sublessor as tenant under the Primary Lease.
4. Sublessee hereby acknowledges and agrees that Sublessor is not responsible for
any repairs to the premises, nor will Sublessor, nor any of Sublessor's partners, officers,
directors, shareholders, agents, employees or representatives,be liable for any of the following:
(i) any of the Landlord's obligations under the Primary Lease; (ii) any interruption in utilities or
services to the Premises; (iii) any loss of or damage to any property of Sublessee or of
Sublessee's employees, agents, customers, guests or invitees (whether by theft or otherwise); (iv)
the failure of Landlord to perform any obligation of Landlord under the Primary Lease; or(v) any
damage or disturbance caused by others. Neither Sublessor nor Sublessee nor any of their
partners, officers, directors, shareholders, employees, agents or representatives has any personal
liability under this Sublease.
5. Sublessee must obtain and maintain in force and effect with respect to the
Premises, throughout the entire term of this Sublease, any and all insurance required to be
maintained by the "Tenant" pursuant to the terms of the Primary Lease. It is agreed that any and
all insurance required to be maintained by Sublessee pursuant to the terms of the Primary Lease
(as incorporated herein and assumed by Sublessee hereunder) must: (i) name Sublessor; and(ii)
name Sublessor and Landlord as additional insureds with respect to liability insurance. All
insurance policies required to be maintained by Sublessee hereunder must be written by
Page 2
insurance companies reasonably satisfactory to Sublessor and Landlord. True, correct and
complete copies of all such insurance policies (or certificates thereof in form and content
reasonably satisfactory to Sublessor and Landlord), evidencing that all such insurance policies
required to be obtained and maintained by Sublessee hereunder have been obtained and paid for,
must be provided to Sublessor and Landlord and any applicable mortgagees concurrently with the
execution of this Sublease and thereafter at least thirty (30) days prior to the expiration date of
any then-existing policies.
6. Sublessee accepts the Premises in its present, "AS-IS, WHERE IS" condition
and with all faults. By occupying the Premises, Sublessee: (a) acknowledges that Sublessee has
had full opportunity to examine the Premises and is fully informed, independently of Sublessor
or any employee, agent, representative, shareholder, officer or director of Sublessor, as to the
character, construction and structure of the Premises; (b) acknowledges that neither Sublessor nor
any of Sublessor's employees, agents, representatives, shareholders, officers or directors, has
made any representations, warranties or promises with respect to the Premises, including without
limitation any representation or warranty as to fitness thereof for any purpose; (c) accepts the
Premises in an "AS-IS, WHERE IS" condition and acknowledges that the premises comply
with all requirements imposed upon Sublessor under this Sublease; and(d) acknowledges and
agrees that the Premises are subject to the limitations, encumbrances, and other matters described
in the Primary Lease. TO THE EXTENT ALLOWED BY LAW, SUBLESSEE HEREBY
WAIVES ANY AND ALL RIGHTS AND PROTECTIONS WHICH MIGHT
OTHERWISE BE AFFORDED SUBLESSEE AT LAW OR OTHERWISE
CONCERNING HABITABILITY OR SUITABILITY OF THE PREMISES OR THE
CONDITION OF THE PREMISES (INCLUDING ANY BUILDINGS OR
IMPROVEMENTS).
7. Sublessee must maintain the Premises in good condition and repair and in all
respects in compliance with all obligations of Sublessor as tenant under the Primary Lease.
8. The Premises may be used by Sublessee only for the uses and purposes permitted
under the Primary Lease and for no other use or purpose.
9• Sublessee agrees to be responsible for all of the operational expenses of the
Leased Premises. Sublessee agrees to be responsible for all financial obligations of the Premises
including, insurance, taxes,utilities,personnel and any programs offered by Sublessee.
Sublessee agrees to be responsible for the costs of all facility operational expenses, including
building and grounds upkeep and maintenance, facility maintenance, pool maintenance and
improvements. From the Commencement Date of the Lease, Sublessee will be solely responsible
for all financial obligations of the Premises.
10. Sublessee agrees to maintain the facility in its current physical condition or better.
11. Sublessee agrees to accept, acknowledge and consent to the current schedule of
groups and individuals scheduled to rent the Leased Premises until all scheduled events have
concluded.
12. Sublessee will provide ongoing groups who currently meet at the Premises Ninety
(90) days notice from the Commencement date of this Agreement to relocate, if Sublessee does
not wish for the groups to continue utilizing the facility.
Page 3
13. Sublessee will collect all membership revenue and will be responsible for setting
membership rates and setting standards for membership. Sublessee agrees to open membership
and will not restrict memberships to the facility to members of Antioch Baptist Church or the
Jehovah Jireh Village.
terms. 14. Sublessee will honor all current memberships through the expiration of their
15. Sublessee will operate the following former Y.M.C.A. programs with the
cooperation of the Y.M.C.A.: after school, summer day camp, sports, teen activities, and aquatics
(swim lessons, swim team). Sublessee will operate these programs by collecting program fees
from participants in order to pay for operational expenses including salaries,program supplies,
and equipment. Program fees will be the sole property of Sublessee. Sublessor will be
reimbursed by Sublessee for any amounts it expends in its management or participation in the
YMCA programs. Sublessee agrees to provide regular audited financial statements and other
records to Sublessor so that Sublessor can insure that the obligations under the Primary Lease
concerning YMCA programs are being performed.
B. Sublessee agrees not to
Use. 1• Use the Subleased Premises for any purpose other than the Permitted Sublease
2• Alter the Subleased Premises without the consent of Sublessor or Landlord.
3. Allow a lien to be placed on the Subleased Premises.
4. Assign this Sublease or Sublease any portion of the Subleased Premises without
Sublessor's and Landlord's written consent.
C. Sublessor agrees to
1. Sublease the Subleased Premises to Sublessee for the Sublease Term.
2. Comply with Tenant's obligations under the Primary Lease.
3. Enforce Landlord's obligations under the Primary Lease.
4.
E. Sublessor and Sublessee agree to the following:
1. Defaults by Sublessee are (a) failing to pay timely Sublease Rent, (b) abandoning
or vacating a substantial portion of the Subleased Premises, and(c) failing to comply within ten
0)days after written notice with any provision of the Primary Lease or Sublease other than the
aults set forth in (a) or(b)above.
2• Sublessor's remedies for Sublessee's default are to terminate this Sublease by
written notice and continue to perform under the Primary Lease Agreement with Landlord.
3. Default by Sublessor is failing to comply with any provision of this Sublease
within thirty days (30) after written notice.
Page 4
4. Notwithstanding any provision of the Primary Lease to the contrary, neither
Landlord nor Sublessor,nor any of Sublessoe's partners, officers, directors, shareholders, agents,
employees or representatives, shall be liable to Sublessee, or any of Sublessee's agents,
employees, servants, customers, guests or invitees, for any damage to persons or property due to
the condition, design, or any defect in the Premises or its mechanical systems that may exist on
the Sublease Commencement Date or that may subsequently occur. Sublessee, with respect to
itself and its agents, employees, servants, customers, guests and invitees, hereby expressly
assume all risks of damage to persons and property, either proximate or remote,by reason of the
present or future condition of the Premises.
5. Except upon the prior written consent of Sublessor and Landlord, which consent
may be granted or withheld in the sole discretion of Landlord as provided under the Primary
Lease and/or in the sole discretion of Sublessor, Sublessee will not voluntarily or involuntarily
transfer, convey, assign, mortgage or pledge this Sublease or any right or interest of Sublessee
hereunder, nor sublet any part of the Premises, nor permit the use or occupancy of any portion of
the Premises by anyone other than Sublessee.
6. This Sublease is subordinate to the Primary Lease, a copy of which Sublessee
acknowledges as received.
7• This Sublease constitutes the sole and entire agreement of the parties with respect
to the sub* t matter hereof and supersedes any prior understandings or written or oral agreement
between the parties respecting such subject matter.
8. SUBLESSEE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED
WARRANTY THAT THE PREMISES ARE SUITABLE FOR SUBLESSEE'S INTENDED
PURPOSE, AND SUBLESSEE'S OBLIGATION TO PERFORM UNDER THIS SUBLEASE
HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISE.
9• Exhibit "A" attached to this Sublease is deemed to be incorporated in this
Sublease as if fully set forth hereinabove.
10. The individual executing this Sublease on behalf of Sublessee represents and
warrants to Sublessor that Sublessee has full right and authority to enter into this Sublease and
performance obligations hereunder..
11. Sublessor and its representatives will have the right, at all reasonable times, to
enter upon the Premises for the purpose of examining and inspecting the same; provided,
however, this section will not be construed as imposing any obligation upon Sublessor to inspect
the Premises.
12. The provisions of the Primary Lease, to the extent that they do not conflict with
specific provisions contained in this Sublease, are fully incorporated into this Sublease. In the
event of any conflict between the provisions of the Primary Lease and the provisions contained in
this Sublease, the provisions of this Sublease will be controlling as between Sublessor and
Sublessee. Sublessee hereby agrees to be bound to Sublessor by, and to comply with all of the
terms and conditions of, the Primary Lease and to assume toward Sublessor and perform all of
the covenants, obligations and responsibilities that Sublessor by the Primary Lease assumes
toward the Landlord. SUBLESSEE HEREBY AGREES TO INDEMNIFY,DEFEND
(WITH COUNSEL APPROVED IN ADVANCE IN WRITING BY SUBLESSOR) AND
HOLD HARMLESS SUBLESSOR, AND SUBLESSOR'S AGENTS, FROM AND
Page 5
AGAINST ANY AND ALL CLAIMS,LIABILITY, CAUSES OF ACTION, LOSS,
DAMAGES, COSTS AND EXPENSES ARISING FROM(i)ANY BREACH,VIOLATION
OR NON-PERFORMANCE BY SUBLESSEE OF ANY OF THE TERMS AND
PROVISIONS OF THE PRIMARY LEASE OR THIS SUBLEASE, OR ARISING
UNDER THE PRIMARY LEASE, OR RESULTING FROM SUBLESSEE'S USE OR
OCCUPANCY OF THE PREMISES, OR(ii)ANY PERSONAL OR BODILY INJURY
TO PERSONS OR DAMAGE TO PROPERTY TO THE EXTENT THAT SUCH
DAMAGE OR INJURY WAS CAUSED,BY ANY NEGLIGENT ACT OR OMISSION,
OF SUBLESSEE OR ANY OF SUBLESSEE'S AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, CUSTOMERS, GUESTS,OR INVITEES OF SUBLESSEE
OCCURRING DURING THE TERM OF THIS SUBLEASE.
13. The personal property and contents of the Premises will remain the sole property
of Sublessor. Sublessee may use the property with the permission of Sublessor. At the end of
the Sublease Agreement the personal property will remain the property of Sublessor unless other
arrangements are made.
14. The name of the facility will be "The L. L. Melton Family Life Center of Jehovah
Jireh Village."
15. Sublessor and Sublessee will cooperate to allow Sublessee to execute a new lease
or purchase of the Premises from Landlord, at the end of the Primary Lease. Sublessee and
Sublessor agree, with the consent of Landlord, that Sublessee will have the first right and option
to continue this lease agreement with the City of Beaumont.
16. Any disputes concerning this Sublease Agreement will be governed by the laws of
the State of Texas and venue for those disputes shall be in Jefferson County, Texas.
17. Either Sublessor or Sublessee may terminate this Agreement upon sixty (60) days
notice to the other party, with the consent of the Landlord.
SUBLESSOR: SUBLESSEE:
THE BEAUMONT METROPOLITAN JEHOVAH JIREH VILLAGE COMMUNITY
Y.M.C.A. DEVELOPMENT CENTER, INC.
By: _ ._ By:
Its: Its:
Page 6
Consent of Landlord
Landlord consents to this sublease by Sublessor to Sublessee.
City of Beaumont
By: .
Its:
Page 7
THE STA TE OF TEXAS I
COUNTY OF JEFFERSON I
This lease is made and executed in duplicate by and
between The City of Beaumont, a municipal corporation organized
and existing under the Constitution and laws of the State of
Texas, said City being commonly known as a "home-rule" city,
domiciled in Jefferson County, Texas, herein called LESSOR, and
the Board of Directors of the Beaumont Y.M.C.A. of Beaumont,
Texas, an independent foundation, herein called LESSEE.
LESSOR _eases -:o LESSEE, ar_d LESSEE hires from LESSOR_,
as herein groaided, t:-.e fcllcwina described pre.nises, -o-wi� ,
Being a _cortion of the North one-half N. "/2)
cf Block Ni:.e��-en (,19) in the M. C. Car`wrigh-
Subdivision in the J. W. Bullock League of the
City of Beaumont, Jefferson County, Texas, and
described by metes and bounds as follows:
Beginning at an iron pin in the West line of
Block Nineteen (19) marking the division of
the North one-half (N. 1/2) and South one-half
(S. 112) of Block Nineteen (19) , said iron pin
being the Southwest corner of the North one-
half (N. 1/2) and the Northwest corner of the
South one-half (S. 112) ;
Thence, North 0008130" East along the West
line of the North one-half (N. 1/2) of Block
Nineteen (19) a distance of two hundred ninety
and sixty-five one hundredths feet (290.65' )
to a point for corner, said point being South
fifteen feet (151 ) from the Northwest corner
of said Block Nineteen (19) ;
Thence, East fifteen feet (15' ) from and
parallel to the North line of said Block Nine-
teen (19) a distance of six hundred ninety-
seven and five-tenths feet (697.51) to a point,
said point being fifteen feet (151 ) from the
east line of said Block Nineteen (19) ;
Thence, South 0°08'30" West fifteen feet (15 ' i
frc;r. and parallel to the east line of said
Block Nineteen (19) a distance of two hundred
ninety and sixty-five one hundredths feet
(290.65') to a point for corner in the dividing
line between the North one-half (N. 1/2) and
the South one-half (S. 112) of Block Nineteen
(19)
EXHIBIT "A"
Thence, West along the dividing line between
the North and South one-half (N. and S. 1/2)
of Block Nineteen (19) a distance of six
hundred ninety-seven and five-tenths feet
(697.5 ) to the place of beginning , said tract
containing four and sixty-five one hundredths
(9 . 65) acres more or less.
II.
This lease is for a term of Fifty (50) years, beginning
February 1, 1971.
III.
The total rent under this lease is the sum of Fifty
and No/100 ($50.00) Dollars. LESSEE agrees to pay LESSOR
said amount in annual installments of One ($1.00) Dollar each,
payable at the office of the Central Cashier, or his successors,
located in City Hall, Beaumont, Texas, beginning on the 5th day
of February, 1971, and payable on the 5th day of February of
each year thereafter during the term of this lease. All checks
shall be made payable to "The City of Beaumont". LESSEE shall
not be held in default for nonpayment of rent unless and until
LESSOR gives LESSEE ten (10) days notice in writing of said
nonpayment. In addition to the payment of annual rentals, LESSEE
agrees to furnish, as additional consideration for this
agreement, recreational services and facilities for the citizens
of Beaumont as hereinafter provided.
IV.
LESSOR hereby grants to LESSEE an option to buy the
leased premises at any time LESSEE may elect after completion
of construction in accordance with the plans and specifications
as approved by the City Manager as provided in Paragraph IX and
prior to January 1, 1986, at which time this option will expire,
at a price of Sixteen Thousand Five Hundred Ninety ($16,590.00)
Dollars, provided LESSEE shall have fully performed and complied
with all conditions and covenants of this lease. In the event
of the exercise of this option as herein provided, LESSOR agrees
to convey said property to LESSEE, by deed without warranty,
in fee simple conditional upon LESSEE'S continued use of the
I
property for Y.M.C.A. purposes. Whenever LESSEE shall desire
to exercise this option, LESSEE shall give LESSOR written
notice thereof. The purchase shall be completed by conveyance
of the property and payment of the purchase price within thirty
(30) days from the delivery of notice of intent to exercise
this option.
V.
The premises are leased to be used as a Y.M.C.A.
for the pur a of providing recreational and social activities
for the citizens of Beaumont who are members of the Y.M.C.A.
LESSEE agrees to restrict the use of the leased premises to
such purposes, and not to use, or permit the use of, the premises
for any other purpose without first obtaining the consent in
writing of the City Manager.
VI.
LESSEE shall be responsible, at its expense, for the
removal and clearing of structures presently located upon the
leased premises and for the maintenance of the leased premises.
The leased premises and all improvements made thereon shall
be maintained in a good state of repair.
VII.
LESSEE shall have no authority to incur any obligations
on behalf of LESSOR, and LESSOR is not obligated to furnish
LESSEE any equipment or improvements.
VIII.
All operations conducted or permitted by LESSEE on
the leased premises shall be in accord with all laws and
ordinances. LESSEE shall not create or allow any nuisance to
exist on the premises, or use or allow the premises to be
used for any unlawful purpose.
-3-
I
I
IX.
LESSEE shall have the duty to construct and maintain,
at LESSEE S expense, such permanent improvements as may be
necessary for Y.M.C.A. purposes. Construction of such improve-
ments must be completed no later than December 31, 1976. Before
erecting said permanent improvements, LESSEE shall first secure
the written consent of the City Manager. LESSEE shall furnish
the City Manager plans and specifications for said permanent
improvements and said plans and specifications must be approved
by the City Manager. All permanent improvements erected on the
leased premises by LESSEE shall, upon expiration or termination
of this lease, become the property of LESSOR.
X.
Neither the leased premises nor any improvements
placed thereon shall be used as security for any debt without
the prior written consent of the City Manager.
XI.
LESSEE shall indemnify, save, and keep harmless
LESSOR from all liabilities, claims, judgments, damages,
injuries, costs and expenses which may in any manner come
against LESSOR in consequence of or result from any operations
that may be conducted or carried on on the leased premises .
LESSEE shall carry public liability, bodily injury insurance
on the leased premises in the amount of $200,000 .00 for each
person and $500,000 .00 for each occurrence, and property damage
liability insurance in the amount of $50,000.00 for each
occurrence, the cost of said insurance policies to be borne
by LESSEE. Said policies of insurance must be approved by
LESSOR and must be written by companies acceptable to LESSOR.
Said insurance policies shall name LESSOR as an additional
insured. Said policies, or duplicate originals thereof, must
be filed with the City Clerk of the City of Beaumont.
I
I
XII.
All open grounds on the leased premises shall be
open to the public at all times when not being used by the
Y.M.C.A. for Y.M.C.A. purposes.
XIII.
LESSOR lo-sakes no covenant, warranty or agreement,
express or implied, concerning the state of LESSORS title
in the Leased premises. LESSOR shall have no liability
whatsoever to LESSEE for any damages suffered by LESSEE result-
ing from the failure of LESSOR'S title in the leased premises.
XIV.
LESSEE shall not assign or sublease the leased premises
without the written consent of LESSOR.
Xv.
If LESSEE breaches this lease, or any of the covenants,
duties, and obligations contained herein, LESSOR may immediately
re-enter the premises and terminate this lease.
XVI.
Time is of the essence in this lease agreement.
WITNESS, our hands this day of/.virwAlt.V.
1971.
THE CITY OF BEAUMONT
ATTEST:
f
C 1�'-y�e r k M1#$9=
THE BOARD OF DIRECTORS OF THE
BEAUMONT Y.M.C.A.
ATTEST:
1�E �
-5-
I
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned authority, on this day person-
ally appeared Charles V. Hill, City Manager of the City of Beaumont,
Texas, known to me to be the person and officer whose name is sub-
scribed to the foregoing instrument and acknowledged to me that
the same was the act of said City of Beaumont, a municipal corpor-
ation, that he was duly authorized to perform the same by an
ordinance duly enacted by the City Council of the City of Beaumont,
and that he executed the same as the act of the said City of
Beaumont for the purposes and consideration therein expressed,
and in the capacity therein stated.
GI ER MY HAND AND SEAL OF OFFICE this the
day of__ — .__-_ 1971.
Notary ? b . . c in and for
Jefferson County , ^ eaas
My Commission expires on the L day of �■.�
THE STATE OF TEXAS X
COUNTY OF JEFFERSON
BEFORE E, tie nd-.si•. e• authority, on this day person-
ally appeared , the President of the
Beaumont Y.M.C. . , •n nwe.en.e t oun.at on, known to me to be the
person and officer whose name is subscribed to the foregoing instru-
ment and acknowledged to me that the same was the act of the Board
of Directors of the Beaumont Y.M.C.A. , that he was duly authorized
to perform the same by appropriate Resolution of the Board of
Directors of the Beaumont Y.M.C.A. and that he executed the same
for the purposes and consideration therein expressed, an!in the
capacity therein stated.
GIVEN R MY HAND AND SEAL OF OFFICE this the
day of 1971.
YZ
Notar(Pi15 c in -nl for
Jefferson County, Texas
!,y Commission expires on the—1da of -_.__-_________....__._____, 19.__L_.._
WORKSESSION
Review and discuss a Police Department Advisory Committee