HomeMy WebLinkAboutPACKET JUN 07 2011 RICH WITH OPPORTUNITY
BEAUMON*
T * F * X * A * 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 7, 2011 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—May 24, 2011
* Confirmation of committee appointments
Bonnie Cokinos would be reappointed to the Convention and Tourism Advisory
Committee. The current term will expire February 10, 2013. (Mayor Becky Ames)
A. Approve a change order for the Municipal Court and Jefferson Theatre masonry and
waterproofing project
B. Authorize the acceptance of a ten foot wide Exclusive Waterline Easement located at
3443 Fannett Road
C. Approve a resolution accepting maintenance of the street, storm water,water and sanitary
sewer improvements in the Barrington Heights,Phase IX subdivision
D. Authorize the acceptance of a ten foot wide Exclusive Waterline Easement located at
7390 IH-10 South
A
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: June 7, 2011
REQUESTED ACTION: Council consider the approval of a change order for the
Municipal Court and Jefferson Theatre masonry and
waterproofing project.
RECOMMENDATION
Administration recommends approval of a change order in the amount of$27,084.
BACKGROUND
Council awarded a contract on March 8, 2011 to Moore's Waterproofing in the amount of
$387,260 for furnishing all labor, materials and equipment necessary to repair masonry and
waterproof the exterior brick surface.
The change order reflects additional costs and a credit for work at both buildings. The price
quoted for the Jefferson Theatre included a price per square foot deduction for previously sealed
brick. Most of the areas in question were located on the building's east side along the top
perimeter. After crews installed scaffolding, they determined that approximately 5,052 sq. ft.
did not require additional tuck pointing. This resulted in a credit of$15,156. The architect and
contractor also recommended that the water repellant be upgraded. The masonry repellant
recommended for the Jefferson Theatre resulted in an additional cost of$7,660.
At the Municipal Court building, the specifications required that the contractor tuck point and
seal only specific damaged areas on the building's south side. After closer inspection of the
building, it was noted that the east, west and north sides of the building had been sealed using
the mask grouting mortar process. This process involves the application of grouting mortar over
the entire brick wall which forms a sealed bond between the existing brick and mortar. The
south side of the building has experienced considerable water intrusion during heavy rain and
wind events. Application of the mask grouting mortar will repair and seal the obvious damaged
areas but also prevent future mortar failure on the building's south wall. The cost for the
installation of this product is $34,580.
Masonry Restoration
June 7, 2011
Page 2
This change order increases the contract amount by 7%.
BUDGETARYIMPACT
The Hazard Mitigation Grant will provide 75%, or$25,935, of the funding for the masonry
restoration at the Municipal Court Building. The remaining 25%, or$8,645, is available in the
Capital Program. A credit in the amount of$7,496 for the Jefferson Theatre will be reflected in
the Hurricane Rita Fund.
CHANGE MILTON BELL ASSOCIATES, Inc.
ORDER 595 Orleans, Suite 711
Distribution to: Beaumont, Texas 77701
Owner l ] Contractor [xl Tel: 409/838-5378 Fax: 409/838-5017
Architect lxl Field [ ]
Consultants 11 Other 11
PROJECT: Tuck-Pointing CHANGE ORDER NO: One(1)
(Name,Address) Jefferson Theatre/Municipal court
INITIATION DATE: 20 May 2011
ARCHITECT'S PROD.NO: 1005 11006
TO(Contractor): Moore's Waterproofing
659 North Street CONTRACT FOR: Tuck-Point Waterproofing
Vidor,Texas 77662
CONTRACT DATE: March 17,2011
You are directed to make the following changes in this Contract:
1. ON THE JEFFERSON THEATRE USE"PRIME-A-PELL PLUS", SERIES 662,
IN LIEU OF"PRIME-A PELL 200"ORIGINALLY SPECIFIED ADD $ 7,660.00
2. ON THE JEFFERSON THEATRE,OMIT NEW TUCK-POINTING AREAS
PREVIOUSLY TUCK-POINTED AND THAT REMAINS TIGHT AND
WATERPROOF AS NOTED ON ATTACHED DRAWINGS#1,#2 AND#3,
DATED MAY 16,2011 DEDUCT (15,156.00)
3. ON THE SOUTH ELEVATION OF THE MUNCIPAL COURT BUII.DING,
USE A"MASK GROUTING MORTAR" WATERPROOFING TECHINIQUE
TO MATCH EXISTING N,E AND W ELEVATIONS AND THUS PROVIDE
MORE POSITIVE WATERPROOFING ADD 34,580.00
TOTAL ADD 42,240.00
TOTAL DEDUCT (15,156.00)
a NET CHANGE ADD $ 27.084.00
N r ~
yl, � ,
Not Valid until signed by both the Owner and Architect. ��adji: PC y
Signature of the Contractor indicates his agreement herewith,inclu m th e Contract Sum or Contract Time.
The original(Contract Sum)(Guaranteed Maximum Cost)was.......................................... $ 387,260.00
Net change by previously authorized Change Orders.......................................................$ 0.00
The(Contract Sum)(Guaranteed Maximum Cost)prior to this Change Order was..................... $ 387,260.00
The(Contract Sum)( )will be(increased)(desreased)(axshAxged)
by this Change Order................................................................................................$ 27,084.00
The new(Contract Sum)( )including this Change Order will be...... $ 414,344.00
The Contract Time will be(increased)(decreased)(unchanged)by (—)Days.
The Date of Substantial Completion as of the date of this Change Order therefore is
Authorized:
Milton Bell Associates, Inc. Moore's Waterproofing City of Beaumont, Texas
ARCHrMCT CONTRACTOR OWNER
595 Orleans, Suite 711 659 North Street P.O. Box 3827
Address Address Address
Beaumont,Texas 77701 _ Vidor s 77662q/� Beaumont,Texas 77704
BY t�/' 1/ �.. P BY u ✓ BY
Date ���� /( Date `r 4 Date
RESOLUTION NO.
WHEREAS, on March 8, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-097 awarding a contract in the amount of$387,260 to Moore's
Waterproofing, of Vidor, Texas, for masonry restoration of the Jefferson Theatre and
Municipal Court Building; and,
WHEREAS, Change Order No. 1 in the amount of $27,084 is required to furnish
all labor,equipment, materials, and supervision for additional masonry and waterproofing,
thereby increasing the contract amount to $414,344.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 1 for additional work described above, thereby increasing the contract amount by
$27,084 for a total contract amount of$414,344.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June,
2011.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
=H- EAUMON*
T E e X a A S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donar ,Nblic Works Director
MEETING DATE: June 7, 2011
REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot (10')
wide Exclusive Waterline Easement.
RECOMMENDATION
The Administration recommends acceptance of a Water Meter Easement to provide water and
fire protection services for Ozen High School located at 3443 Fannett Road.
BACKGROUND
Beaumont Independent School District has agreed to convey a ten foot(10') wide exclusive
Waterline Easement to the City of Beaumont. The Waterline Easement will provide mandatory
access to the water lines and fire hydrants for the school property and would also allow for the
construction, alteration, operation and maintenance of the said water lines and appurtenances.
This Water Meter Easement is recommended for approval by the City Manager, Public Works
Director and Water Utilities Director.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, Beaumont Independent School District has offered to convey a ten foot
(10') wide exclusive water line easement, said easement being out of the James W.
Bullock Survey, Abstract No. 7, as described in Exhibit "A" and shown on Exhibit "B"
attached hereto,to the City of Beaumont for the purpose of providing mandatory water and
fire protection services for Ozen High School located at 3443 Fannett Road; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the easement conveyed by Beaumont Independent School District, as
described in Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things,
accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June,
2011.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of
Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in
consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and
sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its
successors and assigns, an easement to use, repair, alter, and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas, and being more particularly described in Exhibit "A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating, repairing,
rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned, but Grantor reserves the right to use the surface of the
easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that
EXHIBIT "A"
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land, but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve, maintain and
operate the same as permitted by law, and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line. Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. Carrol Thomas, Superintendent
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the same for the purposes and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2011.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P. O. Box 3827
Beaumont, TX 77704
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
EXHIBIT "A",PAGE 1 OF 2 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board
_ OF A Billy J.Smith,Jr.,President
10' WIDE WATER LINE EASEMENT Donald F King,P.E.
Michelle Falgout,P.E.
OUT OF THE Walter J.Ksiazek,R.P.L.S.
J. W. BULLOCK SURVEY, ABSTRACT 7
JEFFERSON COUNTY,TEXAS
MAY 23, 2011
That certain centerline description for a 10' wide water line easement, out of the J. W. Bullock Survey, Abstract
7, Jefferson County, Texas, and being out of a called 27.53 acre tract conveyed to Beaumont Independent
School District as recorded in Clerks File No. 9739998 of the Official Public Records of Jefferson County,
Texas, said centerline description being more particularly described by the courses and distances as follows:
Note: Assumed Basis of Bearings is the north line of Block 3 of Dixie Gardens Addition, a plat recorded in
Volume 7, Page 49 of the Map Records of Jefferson County, Texas being East.
COMMENCING at a '/z" iron rod found for the northwest corner of Lot 3, Block 3 of said Dixie Gardens Addition
conveyed to Paul James Duriso and wife, May Frances Duriso as recorded in Volume 1910, Page 333 of the
Deed Records of Jefferson County, Texas and the northeast corner of the said 27.53 acre tract from which a
'/z" iron rod found in the west right-of-way line of 5th Street for the northeast corner of Lot 1 of said Block 3
conveyed to Ella Mae Mitchell as recorded in Clerks File No. 9462996 of the Official Public Records of
Jefferson County, Texas bears East 150.27 feet (called 150.00 feet);
THENCE South along the east line of the said 27.53 acre tract a distance of 191.83 feet to a point for the
POINT OF BEGINNING of the said centerline description;
THENCE along the said centerline of a 10' wide water line easement with the following courses and distances;
South 86 041'20"West a distance of 10.63 feet to an angle point;
North 07°39'01" West a distance of 11.34 feet to an angle point;
North 38 020'05"West, at a distance of 25.81 feet pass a point for the POINT OF BEGINNING of Tap A
from which the POINT OF TERMINATION of Tap A bears South 51039'55"West 10.00 feet, and continuing a
total distance of 171.47 feet to an angle point;
South 51051'18"West a distance of 44.25 feet to an angle point;
North 80 020'03"West a distance of 10.47 feet to an angle point;
South 52 006'38"West a distance of 303.15 feet to a point in the easterly line of a 10' wide Fire Water
Loop Easement granted to City of Beaumont as recorded in Clerks File No. 2002027212 of the Official Public
Records of Jefferson County, Texas for the POINT OF TERMINATION of the said 10' wide water line
easement.
This description is based on a survey and plat made by Fi ' 0 uring May 2011.
G/, 0 *,a *E613TE,p��P
Walter J. Kslaze WALTER J. K81AZlEK
Registered Profess nal Land rveyor No. 5321 qq.
FITTZ&SHIPMAN,INC.
Project No.09048Tsk18Entergyesmt !,�'•; SS�d;I:
Plat&Description N Strh4 {O
1405 Cornerstone Court• Beau ,T s 77706 • (409)832-7238 •fax (409) 832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT W, PAGE 2 OF 2
BEAUMONT INDEPENDENT
SCHOOL DISTRICT
COMMENCING TAX ;016700-000-001000-00000-6 d z N
POINT ? N m
W W o
FOUND 1/2" (ASSUMED BASIS Of BEARINGS) o O
IRON ROD (CALLED 150.00) n o
EAST 150.27
Z
LJ i
NUMBER DIRECTION DISTANCE
}° �y Jwo �w� FOUND 1/2` N
L1 S 86`41'20 W 10.63 c W .1 O IRON ROD W I
L2 N 07'39'01' W 11.34 o W°
L3 S 5139 55 W 10.00 BEAUMONT INDEPENDENT / W Wr va Q
SCHOOL DISTRICT / ^ °Z9 � o Smg ^$ W
L4 N 38'2005 W 171.47 CLERKS FILE N0. 9739998, O.P.R.J.C. / / �y ale ; 03 j we W A
L5 S 51'51 18 W 44.25 (CALLED 27.53 ACRES) ^/ /�� \ 9yy� < } _ Z w ° Z
L6 N 80'20 03 W 10.47 //�/ \ r� =a ° W
L7 S 52'06'38" W 303.15 / / L6 \ °p i. J
/ / \ rn r'� ►17,4" }'to
B L 0 C K 3 gv E-1 Q Q
DIXIE GARDENS y La F..x
V . 7, PG. 49, M. .J.C. Z LL)
/ \ \ LOT 3 LOT 2 LOT 1 3 w
/ / \ FOUND 1/2' (CALLED 50 00) M I—
TAP A IRON ROD N 89.51' W RON ROD 2` W W 0
3 p m
POINT OF //// CENTERLINE P.O.T. \ GLEI�TWOOD STREET 1°w a
TERMINA71ON / / 10' WIDE TAP A \ p m O m
CENTERUNE / / �� WATER LINE
10' WIDE WATER LINE ///// EASEMENT 25.81 1
EASEMENT / / L W
Z
L1 J
POINT OF
Lw� l 10. / / BEAUMONT INDEPENDENT BEGINNING SCHOOL DISTRICT C 0 WIDEE
4.P,�X' / CLERKS FILE NO. 9739998, O.P.R.J.C. m
s�h (CALLED 27,53 ACRES) EASEMENT
-o
;P7 k X
W
SURVEYOR'S CERTIFICATION:
-F I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, ���MR�,♦e♦e♦wF'}.�
?4: THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE *ro=f��I�'t"K S�• i�
ON THE GROUND UNDER MY SUPERVISION DURING MAY 2011. * ♦ �i VVV♦ • IN m"'
WALTER J. KSIAZEK 0�" 30io = W
♦ ' W
C A L E m
WALTER J. KSIAZEK ♦ n
REGISTERED PROFES+SIONLAND SURVE NO. 5321 � ♦♦♦♦♦♦•O� i H
auE,v� o
c
RICH WITH OPPORTUNITY City Council Agenda Item
T - E • X • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
V.';�:)
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: June 7, 2011
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm water, water and sanitary sewer improvements
in the Barrington Heights, Phase IX subdivision.
RECOMMENDATION
Administration recommends approval of the following:
• Truxton Lane from 200'west of existing Valmont Avenue approximately 900'west to the
end of the proposed cul-de-sac.
• Valmont Avenue from 150'north of existing Truxton Lane approximately 300'north to
the 3-OM-4P end of roadway markers.
• Merrick Lane from approximately 200'west of existing Vermont Avenue to the 3-OM-4P
end of roadway markers.
• Dante Lane from approximately 150'north of existing Truxton Lane to the 3-OM-4P end
of roadway markers.
Also,recommended for approval are the water and sanitary sewer improvements for lots 17-19,block 10,
lots 6-18,block 11,lots 3-14,block 12,and lots 1-2,block 13.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities involved on
May 24"'2011.
BUDGETARY IMPACT
None.
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PROJECT LOCATION_
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RESOLUTION NO.
WHEREAS, construction of the street, storm water, water and sanitary sewer
improvements constructed in Barrington Heights, Phase IX, have been completed as
follows:
Street and Storm Water
• Truxton Lane from 200' west of existing Valmont Avenue approximately
900' west to the end of the proposed cul-de-sac.
• Valmont Avenue from 150' north of existing Truxton Lane approximately
300' north to the 3-OM-4P end of roadway markers.
• Merrick Lane from approximately 200' west of existing Vermont Avenue
to the 3-OM-4P end of roadway markers.
• Dante Lane from approximately 150' north of existing Truxton Lane to the
3-OM-4P end of roadway markers.
Water and Sanitary Sewer Improvements
• Lots 17-19, Block 10
• Lots 6-18, Block 11
• Lots 3-14, Block 12
• Lots 1-2, Block 13
WHEREAS, the developers of said street desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the Director of Public Works 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 statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the above-referenced street, storm water, water and sanitary sewer
improvements in Barrington Heights, Phase IX, 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 7th day of June,
2011.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
BEA,[1M011* City Council Agenda Item
T • E • X • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: June 7, 2011
REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot(10')
wide Exclusive Waterline Easement.
RECOMMENDATION
The Administration recommends acceptance of a Waterline Easement located at 7390 IH-10
South.
BACKGROUND
Arnbe Property Management, Ltd has agreed to convey a ten foot(10') wide Waterline
Easement to the City of Beaumont. The property is described as out of 0.4403 Acre Out of
Samuel Stivers League, Abstract No. 51 located at 7390 IH-10 South.
This Waterline Easement is recommended for approval by the City Manager, Public Works
Director and Water Utilities Director.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, Arnbe Property Management, Ltd. has agreed to convey a ten(10)foot
wide exclusive water line easement, said easement being 0.4403 acre out of Samuel
Stivers League, Abstract No. 51, as described in Exhibit "A" and shown on Exhibit "B,"
attached hereto, to the City of Beaumont for the purpose providing mandatory access to
the water lines and fire hydrants for property located at 7390 IH-10 South and allowing for
the construction, alteration and maintenance of said water lines and appurtenances; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the easement conveyed by Arnbe Property Management, Ltd., as described
in Exhibit"A" and shown on Exhibit"B,"be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June,
2011.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, ARNBE PROPERTY MANAGEMENT, LTD, of the County of Jefferson, State
of Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the
sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us
in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson
County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which
consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827,
Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line
Easement and the exclusive right to construct, alter, and maintain said waterlines and
appurtenances on the hereinafter described lands which said easement is under, over, in and
across those certain tracts or parcels of land owned by GRANTOR situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibits "A& B", attached
and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
EXHIBIT "A"
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of 92011.
GRANTOR:
ARNBE PROPERTY MANAGEMENT, LTD
By:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
RICK STEWART, President of ARNBE PROPERTY MANAGEMENT, LTD, known to me to
be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act of such corporation for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2011.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy-Engineering
P. O.Box 3827
Beaumont,TX 77704
EXHIBIT "A"
10' Wide Exclusive Waterline Easement
Legal Description: 0.4403 Acre Tract or Parcel of Land
Samuel Stivers League, Abstract No. 51
Jefferson County, Texas
BEING a 0.4403 acre tract or parcel of land situated in the Samuel Stivers League, Abstract No.
51, Jefferson County, Texas and being out of and part of that certain called 10.7503 acre tract of
land as described in a "Special Warranty Deed" from K. H. Phelan Land L.P. to Arnbe Property
Management, Ltd., as recorded in Clerk's File No. 2008000920, Official Public Records of Real
Property, Jefferson County, Texas, said 0.4403 acre tract being more particularly described as
follows:
NOTE: All bearings are based on the Northeasterly line of the said 10.7503 acre
Arnbe Property Management, Ltd. tract as SOUTH 27100'36" EAST as recorded
in the above referenced Clerk's File No. 2008000920, Official Public Records of
Real Property, Jefferson County, Texas.
COMMENCING at a 5/8" iron rod found for the most Easterly corner of the above referenced
10.7503 acre Arnbe Property Management, Ltd. tract, said corner also being the Southwest
corner of that certain called 0.073 acre tract of land as described in a "Special Warranty Deed"
from K H Phelan Land L.P. to the State of Texas as recorded in Clerk's File No. 2002006638,
Official Public Records of Real Property, Jefferson County, Texas and also being the Northwest
corner of that certain called 0.104 acre tract of land as described in a deed from Mary Ann Smith,
Individually and as Independent Executrix of the Estate of William D. Smith, deceased, to the
State of Texas as recorded in Clerk's File No. 98-9828379, Official Public Records of Real
Property, Jefferson County, Texas, and said corner also being in the Westerly right-of-way line
of F.M. Highway 364 (also known as Major Drive),
THENCE NORTH 27 000'36" WEST, for the boundary between the said 10.7503 acre Arnbe
Property Management, Ltd. tract and the said 0.073 acre State of Texas tract, for a distance of
74.94 feet to a point for corner and the POINT OF BEGINNING of the tract herein described;
THENCE SOUTH 62 027'48" WEST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 132.47 feet to a point for corner;
THENCE SOUTH 70 048'58" WEST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 268.75 feet to a point for corner;
THENCE SOUTH 00 006'00" WEST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 58.27 feet to a point for corner, said point being in the
Northerly Southeast line of said 10.7503 acre Arnbe Property Management, Ltd. tract;
THENCE SOUTH 70 048'58" WEST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, passing at a distance of 33.06 feet a 5/8" iron rod found for an interior
Page 1 of 3
MARK W. WHITELEY AND ASSOCIATES,INC.
ell corner of said 10.7503 acre Arnbe Property Management, Ltd. tract, and continuing for a total
distance of 141.78 feet to a point for corner;
THENCE NORTH 90 000'00" WEST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 310.22 feet to a point for corner;
THENCE NORTH 00 000'00" EAST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 90 000'00" EAST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 308.53 feet to a point for corner
THENCE NORTH 70 04858" EAST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 133.00 feet to a point for corner;
THENCE NORTH 00 006'00" EAST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 398.51 feet to a point for corner;
THENCE NORTH 90 000'00" WEST, over and across the said 10.7503 acre Ambe Property
Management, Ltd. tract, for a distance of 434.05 feet to a point for corner;
THENCE NORTH 00 000'00" EAST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 90 000'00" EAST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 652.03 feet to a point for corner in the Southerly right-
of-way line of Interstate Highway 10;
THENCE SOUTH 74°42'43" EAST, along and with the Southerly right-of-way line of Interstate
Highway 10, for a distance of 37.93 feet to a point for corner, and from said corner a 5/8" iron
rod bears SOUTH 74 14243" EAST a distance of 30.47 feet marking the intersection of the
Southerly right-of-way line of Interstate Highway 10 and the Westerly right-of-way line of F.M.
Highway 364;
THENCE NORTH 90 000'00" WEST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 244.56 feet to a point for corner;
THENCE SOUTH 00 006'00" WEST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 336.76 feet to a point for corner;
THENCE NORTH 70 048'58" EAST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 264.52 feet to a point for corner;
THENCE NORTH 62 027'48" EAST, over and across the said 10.7503 acre Arnbe Property
Management, Ltd. tract, for a distance of 131.83 feet to a point for comer in the Westerly right-
of-way line of F.M. Highway 364;
Page 2 of 3
MARK W. WH/TELEY AND ASSOM TES,INC.
THENCE SOUTH 27 000'36" EAST, along and with the Westerly right-of-way line of F.M.
Highway 364, for a distance of 10.00 feet to the POINT OF BEGINNING and containing
0.4403 ACRES, more or less.
Based on a survey prepared on October 17, 2007. This legal description is being submitted along
with a plat based on this survey. (See Exhibit "B")
�.• �srE• -f-
.....................
Thomas S. Rowe RPLS No. 5728 THOMAS S.RQWE ?:
} ` 5726 �,T,••//..
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Page 3 of 3
MARK W. WHITELEY AND ASSOC/ATES,INC.
INTERSTATE NIGH
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o L8 N90 00'00 E 308.53' OPRJC o w
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L10 N00'0600"E 398.51'
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L16 N9O'00 00 244.56' 00 S1Cf
L17 500'06'00 336.76
L18 N70'48 58"E 264.52' CALLED 0.104 ACRES
L19 N62'27'48 E 131.83' CALLED 3 ACRES STATE OF TEXAS
L20 S2700'36"E 10.00 W.D. SMITH CF. NO. 98-9828379 \
o L9 VOL. 1968, PG. 70 OPRJC
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TO THE OWNERS OF THE PREMISES SURVEYED L6
AS OF THE DATE OF THE SURVEY:
I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY CLIENT: BEAUMONT FREIGHTLINER
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED DR By: .SAW SCALE: 511EET
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME VER: AM 2009 1"=100' 1 Of 1
OF THE SURVEY 0.4403 ACRE EXCLUSIVE
JOB 100, FILE: W:\2011\10-354\ REV.
OCTOBER 17, 2007 10-354 10-354_r01uBti Eor m-d" 0
BASED ON A SURVEY DATED: WATERLINE EASEMENT
OF MARK W. WHITELEV SAMUEL STIVERS LEAGUE
��••''s EXHIBIT e s B to AND ASSOCIATES
REFER TO EXHIBIT "A'• INCORPORATED ABSTRACT NO. 51
. . . . . FOR LEGAL DESCRIPTION CONSULTING ENGINEERS. JEFFERSON COUNTY, TEXAS
.................OMS S. ROWS . SURVEYORS AND PLANNERS
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THOMAS S. ROWE - REGISTERED PROFESSI B 28 euu�1��-64Be BuuArolrr 13"
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RICH WITR OPPORTUNITY
BEAUMON*,
T • 8 -P X * A * 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 7,2011 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 34/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for a specific use permit to allow a parking lot in an RCR-H
(Residential Conservation and Revitalization-H)District at 407 71'Street
2. Consider a request for a specific use permit to allow office/warehouses in a GC-
MD (General Commercial-Multiple Family Dwelling)District on the west side of
Eastex Freeway,approximately 527' north of Tram Road
3. Consider approving Change Order No. 1 for the Event Center Parking project
4. Consider approving the renewal of a lease agreement for use of the L.L. Melton
facility
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
Sections 551.071 of the Government Code:
Yvonne Como v. City of Beaumont; Cause No. 09-10-00192-CV
Candlewood Suites/KJP Hospitality, LLC/Prendiville Revocable Trust
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
Consider a request for a specific use permit to allow a parking lot in an RCR-H (Residential Conservation
and Revitalization-H) District at 407 7th Street
RICH WITH OPPORTUNITY
IIEA,UMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
CS1$
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 7, 2011
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a parking lot in an RCR-H(Residential Conservation
and Revitalization-H)District at 407 7t' Street
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a parking lot in an
RCR-H (Residential Conservation and Revitalization-H) District at 407 7th Street subject to the
following conditions:
• A 25' setback along Broadway and 7th St. shall be adhered to unless the Board of
Adjustment approves variances to the minimum setback for parking lots
• A minimum 6'wide landscape strip shall be installed along the Broadway and 7th St.
frontages of the parking lot
• The parking lot shall meet the interior landscaping requirements
• An 8'tall wood screening fence shall be constructed along the north property line
and with a modification to the landscaping requirement along the north property line(no 10'
wide landscape strip).
BACKGROUND
Mike Albanese,representing 2325 Calder, LLC, has requested a specific use permit to allow a
parking lot at 407 7th St. The parking lot is to serve a new pub/grill that will be located in the
former Easy's Restaurant building at 2325 Calder.
The Historic District regulations state that all off-street parking must be set back along street
frontages not less than the required yard setbacks or as far back as the front of immediately
adjacent buildings, whichever is greater. The property is zoned RCR-H. Twenty-five foot
setbacks would be required along both Broadway and 7th St. The Planning Manager has
discussed this requirement and the variance process with the current property owner.
The applicant has stated that the additional parking is vital to the leasing of the former Easy's
Restaurant building. A pub/restaurant at this location would be an important economic stimulus
for the Old Town area. With the improvements on Calder Avenue now completed,this is the
type of development that the City is anxious to see along this major entry into downtown.
At a Joint Public Hearing held May 16, 2011,the Planning Commission voted 7:0 to approve a
specific use permit to allow a parking lot in an RCR-H (Residential Conservation and
Revitalization-H) District at 407 7th Street subject to the following conditions:
• A 25' setback along Broadway and 7th St. shall be adhered to unless the Board of
Adjustment approves variances to the minimum setback for parking lots
• A minimum 6'wide landscape strip shall be installed along the Broadway and 7' St.
frontages of the parking lot
• The parking lot shall meet the interior landscaping requirements
• An 8'tall wood screening fence shall be constructed along the north property line
and with a modification to the landscaping requirement along the north property line(no 10'
wide landscape strip).
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A PARKING LOT IN A RCR-H
(RESIDENTIAL CONSERVATION AND REVITALIZATION-H)
DISTRICT AT 407 7TH STREET IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, 2325 Calder, LLC has applied for a specific use permit to allow a
parking lot in a RCR-H (Residential Conservation and Revitalization-H) District at 407 7th
Street, being the South 100' of Lots 26-28, Block 22, Averill Addition, City of Beaumont,
Jefferson County, Texas, containing 0.35 acres, more or less, as shown on Exhibit "A,"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request for a specific use permit to allow a parking lot in a RCR-H
(Residential Conservation and Revitalization-H) District at 407 7th Street; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a parking lot in a RCR-H (Residential
Conservation and Revitalization-H) District at 407 7th Street, being the South 100' of Lots
26-28, Block 22, Averill Addition, City of Beaumont, Jefferson County, Texas, containing
0.35 acres, more or less, as shown on Exhibit"A" attached hereto; and, is hereby granted
to 2325 Calder, LLC, its legal representatives, successors and assigns, as shown on
Exhibit 'A" attached hereto and made a part hereof for all purposes, subject to the
following conditions:
• A 25' setback along Broadway and 7th Street shall be adhered to unless the
Board of Adjustment approves variances to the minimum setback for parking
lots;
• A minimum 6' wide landscape strip shall be installed along the Broadway and
7th Street frontages of the parking lot;
• The parking lot shall meet the interior landscaping requirement;
• An 8' tall wood screening fence shall be construction along the north property
line; and,
with a modification to the landscaping requirement along the north property line (no 10'
wide landscaping strip).
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June,
2011.
- Mayor Becky Ames -
fmit to allow a parking lot in an RCR H
He 2091-P: Request for a specific use per
Residential Conservation and Revitalization-H) District.
Location: Northwest corner of Broadway and Street
Applicant: 2325 Calder, LLC
0 100 200
I I Feet
�±
Legend
GC-MD
GC M2091 P
CALDER AVE
GC-MD .
GC-MD
RCR-H
RCR-H
BROADWAY ST
RCR=
RCR=H
EXHIBIT "A"
SITE PLAN
Broadway @ 71h Street
Spaces are 9'x 18'
Aisles are 18'
Existing.Curb Cuts will be Utilized
No Buildings or Structures on Site
brainage.Handled by Street Storm Sewers
Required Land scaping.lnstalled as Shown
6' Fence-as shown
No Signage on this Property,Except as Attacbed to Fence
150'-0"
AM
/77 I1 :
ILJ
POWER
2
/1 /
9 t
20
3Q
Y _
POWER
POl.1=.
BROADWAY STREET
PARKING LAYOUT # 1
3G PARKNG SPACES
* Approval subject to the following conditions:
A 25' setback along Broadway and Th St. shall be adhered to unless the Board of Adjustment
approves variances to the minimum setback for parking lots
A minimum 6' wide landscape strip shall be installed along the Broadway and 7'St.
--- frontages of the parking lot
The parking lot shall meet the interior landscaping requirements
An 8'tall wood screening fence shall be constructed along the north property line
requirement along the north property line(no 10' wide
and with a modification to the landscaping
landscape strip). EXHIBIT "B"
2
Consider a request for a specific use permit to allow office/warehouses in a GC-MD(General
Commercial-Multiple Family Dwelling) District on the west side of Eastex Freeway, approximately 527'
north of Tram Road
RICH WITH OPPORTUNITY
BEA,U140N*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 7, 2011
REQUESTED ACTION: Council consider a request for a specific use permit to
allow office/warehouses in a GC-MD (General
Commercial-Multiple Family Dwelling) District on the
west side of Eastex Freeway, approximately 527'north of
Tram Road.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow office/warehouses in
a GC-MD (General Commercial-Multiple Family Dwelling) District on the west side of Eastex
Freeway, approximately 527'north of Tram Road with a waiver of the sidewalk requirement along
Eastex Freeway and Old Voth Road.
BACKGROUND
Mark W. Whiteley&Associates, Inc., representing the property owner Henry LaBrie,has applied
for a specific use permit.
Previously, Mr. LaBrie had received approval for three specific use permits allowing
office/warehouses south of the subject property. It is his desire to continue with the same concept
on the remainder of his property. The property extends north to Broad Oak Street.
The current request includes an additional 32 buildings encompassing 96,000 sq. ft. of
office/warehouse space. Tract I is to be built immediately with Tracts II -Tract VIII being built
over time.
Mr. LaBrie is requesting a waiver of the sidewalk requirement along Eastex Freeway and Old Voth
Road. Tom Rowe,with Mark Whiteley&Assoc., states that the waiver request is due to the nature
of the site and its location and because of the inability to engineer a sidewalk in this location that is
safe for the public and that will not impede the drainage along Old Voth Road and Eastex Freeway.
At a Joint Public Hearing held May 16, 2011, the Planning Commission voted 7:0 to approve a
specific use permit to allow office/warehouses in a GC-MD (General Commercial-Multiple
Family Dwelling) District on the west side of Eastex Freeway, approximately 527' north of Tram
Road.with a waiver of the sidewalk requirement along Eastex Freeway and Old Voth Road.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW OFFICE/WAREHOUSES IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT ON THE WEST SIDE OF EASTEX FREEWAY,
APPROXIMATELY 527' NORTH OF TRAM ROAD IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Henry LaBrie has applied for a specific use permit to allow
office/warehouses in a GC-MD(General Commercial-Multiple Family Dwelling)District on
the west side of Eastex Freeway, approximately 527' north of Tram Road, City of
Beaumont,Jefferson County,Texas, as described in Exhibit"A"and shown on Exhibit"B,"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request for a specific use permit to allow office/warehouses in a GC-MD
(General Commercial-Multiple Family Dwelling) District on the west side of Eastex
Freeway, approximately 527' north of Tram Road; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described waiver;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow office/warehouses in a GC-MD (General
Commercial-Multiple Family Dwelling) District on the west side of Eastex Freeway,
approximately 527' north of Tram Road, City of Beaumont, Jefferson County, Texas, as
described in Exhibit"A"and shown on Exhibit"B" attached hereto; and, is hereby granted
to Henry LaBrie, his legal representatives, successors and assigns, as shown on Exhibit
"B,"attached hereto and made a part hereof for all purposes,with a waiver of the sidewalk
requirement along Eastex Freeway and Old Voth Road
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"C,"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein
above described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
June, 2011.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being a 7.6149 acre tract or parcel of land situated in the W.B. Dyches Survey, Abstract
No. 17, Jefferson County, Texas and being out of and part of that certain called 7.8464 acre
tract of land, identified as TRACT II, as described in a"Special Warranty Deed with
Vendor's Lien" from Nancy Best to Henry Labrie and Sharon Labrie as recorded in Clerk's
File No. 2006049854, Official Public Records of Real Property, Jefferson County, Texas
and being out of and part of that certain called 1.0797 acre tract of land, identified as
TRACT V, as described in a"Deed Without Warranty" from Nancy Best to Henry Labrie
and Sharon Labrie as recorded in Clerk's File No. 2006049856, Official Public Records of
Real Property, Jefferson County, Texas and also being out of and part of that certain called
0.7281 acre tract of land, identified as TRACT VIII, as described in a"Deed Without
Warranty" from Nancy Best to Henry Labrie and Sharon Labrie as recorded in Clerk's File
No. 2006049856, Official Public Records of Real Property,Jefferson County, Texas, said
7.6149 acre tract being more particularly described as follows:
NOTE: All bearings are based on the most Northerly East line of the that certain called
14.183 acre tract as recorded in the above referenced Film Code No. 102-54-2500, Official
Public Records of Real Property, Jefferson County,Texas as South 11°15'00" EAST.
BEGINNING at a"PK" nail in asphalt found for the Northwest corner of the said 0.7281
acre Labrie tract, said corner also being the intersection of the East right-of-way line of Old
Voth Road and the South right-of-way line of Broad Oak Avenue;
THENCE NORTH 88036'17" EAST, along and with the South right-of-way line of Broad
Oak Avenue, for a distance of 270.71 feet to a Texas Department of Transportation concrete
monument found for corner, said corner being the intersection of the West right-of-way line
of U.S. Highway 69, 96 and 287 (width varies) and the South right-of-way line of Broad
Oak Avenue, said corner also being the beginning of a curve concave to the East having a
radius of 11,614.00 feet and being subtended by a chord bearing of SOUTH 09 041'19"
EAST having a chord length of 706.08 feet;
THENCE SOUTHERLY, along and with said curve and the West right-of-way line of U.S.
Highway 69, 96 and 287, for a distance of 706.19 feet to a Texas Department of
Transportation concrete monument(disturbed) found for corner;
THENCE SOUTH 11°19'41" EAST, continuing along and with the West right-of-way line
of U. S.Highway 69, 96 and 287, for a distance of 214.78 feet to a Texas Department of
Transportation concrete monument found for corner;
THENCE SOUTH 02 000'42" EAST, continuing along and with the West right-of-way line
of U. S. Highway 69, 96 and 287, for a distance of 267.26 feet to a 5/8" iron rod found for
corner;
THENCE SOUTH 78 042'36" WEST, over and across the said 7.8464 acre, 1.0797 acre and
0.7281 acre Labrie tracts, for a distance of 259.60 feet to a 5/8" iron rod found for corner,
EXHIBIT "A"
said corner being in the East right-of-way line of Old Voth Road and the West line of the
said 0.7281 acre Labrie tract;
THENCE NORTH 08042'13" WEST, along the with the East right-of-way line of Old Voth
Road and the West line of the said 0.7281 acre Labrie tract, for a distance of 1232.13 feet to
the POINT OF BEGINNING and containing 7.6149 Acres, more or less.
File 2092-P: Request for a specific use permit to allow office/warehouses in a GC-MD
;General Commercial Multiple Family Dwelling) District.
Location: West side of Eastex Freeway, approximately 527' north of Tram
kpplicant: Mark W. Whiteley &Associates,Inc.
0 100 200 300 400
i i I I I Feet
Legend
GC-MD M 2092P
IPA BROAD OAK
m
a
R-S LI
O
o
0
GC--M D
0
EXHIBIT "B"
12
I W I I
ft-- Ar at.sK.
in
VSWNWAYSt -t 24
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acr vt
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mcr I'll
A= AM
S.
--------------
-----------
Approval with a waiver of the sidewalk requirement along Eastex Freeway and Old Voth Road.
ANO UTEs
INCORPORATED
HENRY LABRIE
PROPOSED SITE PLAN OF
7.6149 ACRE TRACT OR PARCEL OF LAND
W.B. DyCHES SURVEY, AB57RACT OF I
90- 17 3EM
-JEFFERSON COUNY TEXAS
3
Consider approving Change Order No. 1 for the Event Center Parking project
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Director of Public Works
MEETING DATE: June 7, 2011
REQUESTED ACTION: Council consider a resolution authorizing Change Order
No. 1 for the Event Center Parking project.
RECOMMENDATION
Administration recommends the approval of Change Order No. 1 in the amount of$100,567.65
for the Event Center Parking project.
BACKGROUND
Council approved a contract on January 25, 2011 to APAC-Texas, Inc. for furnishing all
materials, equipment, labor and supplies to construct a parking lot to serve the Downtown Event
Center and surrounding amenities.
The parking lot is being constructed on properties purchased during the past five years. The
contractor began excavating surface soils and discovered one underground fuel tank. As the
project continued,the contractor was unable to compact the soil. This resulted in additional
excavation and the discovery of a concrete basement from a large two story structure that was
demolished several years ago. The concrete had to be excavated and removed. The cost for
removing the fuel tank and concrete basement was $67,691.65.
The original plans and specifications included an electrical transformer to be installed on the
parking lot for operation of the parking lot lights and electrical receptacles only. The plans
specified that the street lights from Crockett to MLK and Magnolia/Jefferson from Laurel to
Bowie be powered from the Event Center building's electrical panel. The electrical engineer that
designed the event center would not approve the additional power supply needed for the street
lights unless another electrical panel was installed in the building. Installation of an additional
panel required expanding the mechanical room and modification of the event center floor plan.
However,the street lights can be powered from a larger transformer than originally specified
located in the parking lot. The electrical contractor working with the contractor, C. F. Jordan,
Change Order No. 1 - Event Center Parking
June 7, 2011
Page 2
met with staff to determine the service size needed and provided the City with a change order
request of$34,500 to provide two controller cabinets with foundations, underground conduit, a
480 volt panel and a 280 volt panel, and transformer. The service will be metered separately
from the building, thus providing a separate and accurate utility usage for the building and the
surrounding street lighting.
The Landscape Architect, SWA, has recommended plant materials that require less maintenance
but complimented the original design. This change resulted in a net credit of$1,624.
This Change Order results in an increase of 10.33%. The original contract amount was
$973,553.30. A copy of the Change Order is attached for your review.
BUDGETARYIMPACT
Funds are available in the Capital Program.
CITY OF BEAUMONT
DATE: 25 April 2911
PROJECT: - EVENT CENTER AREA PARKING LOTS IMPROVEMENT
OWNER: CITY OF BEAUMONT
CONTRACTOR: APAC-TEXAS,INC.
CHANGE ORDER NO.: 01
11
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Add Construction Items and/or quantities to the Contract:
Item Item Original New Unit
Description Unit Amount
No. Code I Quantity Quantity Price
104 003 REMOVE CONCRETE(PAVEMENT)(6") SY 100 361535 519.00 566,791.65
496 001 REMOVE STRUCTURES(FUEL TANK) LS 0 1 5900.00 5900.00
ELECTRICAL
TRAFFIC CONTROL CABINET&FOUNDATION
SINGLE PHASE METER&UNDERGROUND CONDUIT LS 1 0 $6,500.00 -$6,500.00
PANEL S1A LIGHTS CONTACTORS
TWO TRAFFIC CONTRI R CABINETS&FOUNDATIONS
UNDERGROUND SERVICE CONDUIT
3-PHASE METER CAN
200A SERVICE DISCONNECT
PANEL HA 480-VOLT 3-PRASE LS 0 1 S41,000.00 541,000.00
PANEL SLA-280-VOLT 3-PHASE
75KVA TRANSFORMER
3 LIGHTING CONTACTORS
7-DAY DIGITAL TIME CLOCK
2-RELAYS -
LANDSCAPING
15-100 GALLON LIVE OAKS
18-45 GALLON RIVER BIRCH
24-30 GALLON ITALIAN CYPRESS
94-7 GALLON PLUMBAGO LS 1 0 543,723.00 -$43,723.00
340-3 GALLON INDIAN HAWTHORNE
351-3 GALLON DWARF MAIDEN GRASS
328-3 GALLON DWARF PINK OLEANDER
248-3 GALLON KNOCKOUT ROSES
OLEANDER EA 0 627 $18.00 S11,286.00
HAWTHORNES EA 0 176 511.00 $1,936.00
PLUMBAGO EA 0 71 $27.00 $1,917.00
RUELLIA EA 0 1040 511.00 $11,440.00
LIVE OAK EA 0 8 $590.00 $4,720.00
CRAPE MYRTLES EA 0 24 5450.00 $10,800.00
ADD TOTAL AMOUNT $100,567.65
ORIGINAL CONTRACT AMOUNT: $973,55330
NET FROM PREVIOUS CHANGE ORDERS: S0.00
TOTAL AMOUNT OF THIS CHANGE ORDER: $100,567.65
PERCENT OF THIS CHANGE ORDER: 10.33%
TOTAL PERCENT CHANGE ORDER TO DATE: 10.33%
NEW CONTRACT AMOUNT: $1,074,120.95
ACCEPTED BY:
CONTRACTOR
APPROVED BY:
PATRICK DONART,P.E.PUBLIC KYLE HAYES,CITY MANAGER
WORKS DIRECTOR
ATTESTED BY:
TINA BROUSSARD,CITY CLERK
RESOLUTION NO.
WHEREAS, on January 25, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-038 awarding a contract in the amount of $973,553.30 to
APAC-Texas, of Beaumont, Texas, for the construction of a parking lot to serve the
Downtown Event Center and Park; and,
WHEREAS, Change Order No. 1 in the amount of $100,567.65 is required to
furnish all labor, equipment, materials, and supervision for fuel tank removal, concrete
basement removal and additional street light power supply, thereby increasing the
contract amount to $1,074,120.95.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 1 for additional work described above, thereby increasing the contract amount by
$100,567.65, for a total contract amount of$1,074,120.95.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June,
2011.
- Mayor Becky Ames -
4
Consider approving the renewal of a lease agreement for use of the L.L. Melton facility
RICH WITH OPPORTUNITY
IIEAi[11�1011
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Director of Management Operations
MEETING DATE: June 7, 2011
REQUESTED ACTION: Council consider approving the renewal of a lease
agreement with Jehovah Jireh Village CDC, Inc. for use of
the L.L. Melton facility located at 3455 Sarah Street.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
On June 8, 2010, City Council approved a one-year lease agreement with Jehovah Jireh Village
CDC, Inc. for use of the L.L. Melton property on Sarah Street for the purpose of providing
recreational, educational, social, and civic activities to the general public. This action was taken
after the YMCA closed due to financial difficulties and control of the facility was assumed by
the City. Jehovah Jireh Village CDC, Inc. has been pleased with the results of its efforts there
and wants to continue its use of the facility.
The Administration is recommending a two-year agreement with a one-year renewal option.
The proposed agreement leaves the rent at $1,500 per year, but now makes the lessee responsible
for all utility charges, including the water and sewer charges which were previously paid by the
City.
The City will continue to be responsible for grounds maintenance; maintenance of structural
components, such as the roof, foundation, and walls; and for repairs to major building systems,
such as electrical, plumbing, and HVAC. Other provisions of the prior lease agreement will
remain unchanged.
On May 25, 2010, the City Council approved $100,000 in CDBG funds for repairs to the
building that were identified after the City took control of the building. These repairs have been
completed.
A copy of the proposed lease agreement is attached.
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 two (2) year lease
agreement, with an option to renew for an additional one(1)year term, with Jehovah Jireh
Village CDC, Inc. (Lessee),for$1,500 per month for property located at 3455 Sarah Street,
Beaumont, Texas. The lease agreement is substantially in the form attached hereto as
Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June,
2011.
- Mayor Becky Ames -
L. L.MELTON LEASE AGREEMENT
Date: June 8,2011
Lessor: City of Beaumont
Lessor's Physical Address: 801 Main Street
Beaumont, Texas 77701
Lessee: Jehovah Jireh Village CDC,Inc.
Lessee's Mailing Address: P. O. Box 20214
Beaumont, Texas 77720
Landlord: The City of Beaumont,Texas
Landlord's Mailing Address: P. O. Box 3827
Beaumont, Texas 77704
Leased Premises: Being a portion of the North one-half(N. 'h)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.'h)and South one-half(S.''/Z)of Block Nineteen(19),
said iron pin being the Southwest corner of the North one-half(N.'h)and the
Northwest corner of the South one-half(S.'h);
THENCE,North 0°08'30"East along the West line of the North one-half(N.'/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
(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(697.5')
to a point,said point being fifteen feet(15')from the East line of said Block
Nineteen(19);
THENCE,South 0 008130"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. ''/z)of Block Nineteen(19);
THENCE,West along the dividing line between the North 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.
Page 1
EXHIBIT "A"
Lease Commencement Date: This Agreement will commence upon execution by Lessor and Lessee.
Lease Term: The initial term of this lease is twenty-four(24)months,commencing on
June 8,2011 and ending on June 7,2013.
Lessee shall also be granted the option to renew this lease for an
additional one(1)year term. Lessee shall provide Lessor with written
notice of its intention to exercise the option to renew at least sixty(60)
days prior to the ending date of the initial term.
Lease Rent: One Thousand Five Hundred Dollars($1,500.00)per year.
Permitted Lease Use: Recreational,education,social,and civic activities.
1. Lessee agrees to lease the Leased Premises for the Lease Term beginning on the Lease
Commencement Date and ending on the Lease Termination Date.
2. Lessee acknowledges and agrees that the total rent under this Lease is the sum of One Thousand
Five Hundred Dollars($1,500.00). Lessee agrees to pay Lessor said amount in twelve(12)
monthly installments of One Hundred Twenty-Five Dollars($125.00)each,payable at the office
of the Central Cashier,or her successors,located in City Hall,Beaumont, Texas,beginning upon
execution of Lease Agreement and payable on or before the 5'h day of each month 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.
3. The premises are leased to be used for the purpose of providing recreational for educational,
social,and civic activities for the general public. 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. Lessee further agrees that the
facility will be open to the general public for recreational purposes during regular business hours as
long as it does not unreasonably interfere with other organized activities. Lessee is permitted to
charge a fee for special activities and events such as camps,sports leagues,daycare and facility room
rental for organizational meetings. Fees charged for activities not specifically listed are subject to
the prior approval of the City Manager of the City of Beaumont.
4. 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 beyond those agreed to by the parties.
5. 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.
6. 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.
7. Lessee shall indemnify,save,and keep harmless Lessor from all liabilities,claims,judgments,
damages, injuries,costs, and expenses that may in any manner come against Lessor in
Page 2
consequence of or result from any operations that may be conducted or carried out on the Leased
Premises. Lessee shall carry public liability,bodily injury insurance on the Lease Premises,the cost
of said insurance policies to be borne by Lessee. Said policies of insurance may be approved by
Lessor and must be written on 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.
8. Lessee accepts the Premises in its present"AS-IS,WHERE IS" condition and with all faults. By
occupying the Premises,Lessee:
(a) acknowledges that Lessee has had full opportunity to examine the Premises and is
fully informed,independently of Lessor or any employee,agent,representative,
shareholder,officer or director of Lessor, as to the character, construction and
structure of the Premises;
(b) acknowledges that neither Lessor nor any of Lessor'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; and
(c) accepts the Premises in an "AS-IS,WHERE IS" condition.
9. Lessee must maintain the Premises in good condition.
10. Lessee agrees to be responsible for the following obligations of the Premises,utilities,personnel and
any programs offered by Lessee. Lessor agrees to be responsible for grounds upkeep and
maintenance,facility maintenance for such things as roof,1 VAC system operation,major
plumbing repairs and the structural integrity of the building.
11. Lessee will provide ongoing community groups who currently meet at the Premises the opportunity
to continue to utilize the facility for community activities.
12. Lessee agrees:
(a) not to alter the Leased Premises without the consent of Lessor or Landlord;
(b) not to allow a lien to be placed on the Leased Premises;
(c) nor assign this Lease or Lease any portion of the Leased Premises without first
receiving consent of the Lessor.
13. Lessor agrees:
(a) to lease the Leased Premises to Lessee for the Lease Term;
(b) to maintain premises and improvements in a good state of repair;and
(c) maintain property damage insurance on the Lease Premises.
14. TAXES: Unless otherwise agreed by the parties,Lessor will pay all real property ad valorem taxes
assessed against the Leased Premises if any. Lessee shall be responsible for all taxes assessed against
its personal property, if any.
Page 3
15. UTILITIES:
A. The party designated below will pay for the following utility charges to the Leased
Premises and any connection charges for the utilities. (Check all that apply.)
N/A City of Bmt. JJv
(1) Water X
(2) Sewer X
(3) Electric X
(4) Gas X
(5) Telephone X
(6) Trash X
(7) Cable X
(8) All other utilities X
(9) Other(specify)
B. The party responsible for the charges under Paragraph 15 will pay the charges directly to
the utility service provider.The responsible party may select the utility service provider,
except that if Lessee selects the provider,any access or alterations to the Property or Leased
Premises necessary for the utilities may be made only with Lessor's prior consent,which Lessor
will not unreasonably withhold. If Lessor incurs any liability for utility or connection charges
for which Lessee is responsible to pay and Lessor pays such amount,Lessee will immediately
upon written notice from Lessor reimburse Lessor such amount.
16. INSURANCE:
A. During all times this lease is in effect,Lessee must, at Lessee's expense,maintain in
full force and effect from an insurer authorized to operate in Texas:
(1) public liability insurance in an amount not less than S 1,000,000.00 on an
occurrence basis naming Lessor as an additional insured;and
(2) personal property damage insurance for Lessee's business operations and contents on
the Leased Premises in an amount sufficient to replace such contents after a casualty
loss.
B. Before the Commencement Date, Lessee must provide Lessor with a copy of insurance
certificates evidencing the required coverage. If the insurance coverage is renewed or
changed in any manner or degree at any time this lease is in effect,Lessee must,not later
than ten(10)days after the renewal or change,provide Lessor a copy of an insurance
certificate evidencing the renewal or change.
C. If Lessee fails to maintain the required insurance in full force and effect at all times this
lease is in effect,Lessor may purchase insurance that will provide Lessor the same
coverage as the required insurance and Lessee must immediately reimburse Lessor for
such expense.
D. Unless the parties agree otherwise,Lessor will maintain in full force and effect
insurance for fire and extended coverage in an amount to cover the reasonable
replacement cost of the improvements of the Property.
Page 4
17. MAINTENANCE AND REPAIRS:
A. Cleaning: Lessee must keep the leased premises clean and sanitary and promptly
dispose of all garbage in appropriate receptacles.
B. Repairs of Conditions Caused by a Party: Each Party must promptly repair a
condition in need of repair that is caused,either intentionally or negligently,by that party
or that party's guests, invitees, contractors or permitted subtenants.
C. Repair and Maintenance Responsibility: Except as otherwise provided,the party
designated below,at its expense, is responsible to maintain and repair the following
specified items in the leased premises(if any). The specified items must be in clean and
good operable condition. If a governmental regulation or order requires a modification to
any of the specified items,the party designated to maintain the item must complete and pay
the expense of the modification. The specified items include and relate only to real
property in the Leased Premises. Lessee is responsible for the repair and maintenance of
its personal property. (Check all that apply.)
N/A City JJv
(Lessor) (Lessee)
(1) Foundation,exterior walls,roof,and X
other structural components
(2) Glass and windows X
(3) Fire protection equipment and X
fire sprinkler systems
Exterior&overhead doors,including
(4) closure devises,molding,locks,and X
hardware
5) Grounds maintenance,including
( X
landscaping and irrigation systems
Interior doors,including closure
(6) devices,frames,molding,locks,and X
hardware
(7) Parking areas and walks X
Plumbing systems,drainage systems,
8 electrical systems,and mechanical
( ) X
systems,except systems or items
specifically designated otherwise
(9) Ballast and Lamp replacement X
(10) Heating,Ventilation and X
Air Conditioning(HVAC)Systems
Signs and Lighting:
a) Pylon X
(11) b) Facia X
c) Monument X
d) Door/Suite X
(13) Fences and Gates X
(14) Storage yards and storage buildings X
(15) Wood-destroying insect treatment X
and repairs
Page 5
(16) Cranes and related systems X
(17) All other items and systems X
(18) Other(specify)
(19) Other(specify)
D. Repair Persons: Repairs must be completed by trained, qualified, and insured
repair persons.
E. Notice of Repairs: Lessee must promptly notify Lessor of any item that is in need of
repair and that is Lessor's responsibility to repair. All requests for repairs to Lessor must be
in writing.
F. Failure to Repair: Lessor must make a repair for which Lessor is responsible within a
reasonable period of time after Lessee provides Lessor written notice of the needed repair. If
Lessee fails to repair or maintain an item for which Lessee is responsible within ten(10)
days after Lessor provides Lessee written notice of the needed repair or maintenance,Lessor
may repair or maintain the item,without liability for any damage or loss to Lessor,and
Lessee must immediately reimburse Lessor for the cost to repair or maintain.
18. Lessor's remedies for Lessee's default are to terminate this Lease by written notice.
19. Default by Lessor is failing to comply with any provision of this Lease within thirty days(30)
after written notice unless there is some circumstance beyond the control of the Lessor
preventing compliance within thirty(30)days after notice.
20. This Lease 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.
21. The individual executing this Lease on behalf of Lessee represents and warrants to Lessor that
Lessee has full right and authority to enter into this Lease and performance obligations hereunder.
22. The personal property and contents of the Premises will remain the sole property of Lessor. Lessee
may use the property with the permission of Lessor. At the end of the Lease Agreement the
personal property will remain the property of Lessor unless other arrangements are made.
23. All notices between the Lessee and Lessor are to be sent by certified or registered mail,return
receipt requested,to the following addresses:
LESSOR: LESSEE:
Attn: City Manager
City of Beaumont Jehovah Jireh Village CDC, Inc.
P. O.Box 3827 P.O.Box 20214
Beaumont, Texas 77704 Beaumont, Texas 77720
24. Any disputes concerning this Lease Agreement will be governed by the laws of the State of Texas
and venue for those disputes shall be in Jefferson County,Texas.
25. Either Lessor or Lessee may terminate this Agreement upon sixty(60)days written notice to the other
party.
Page 6
26. By the execution of this Lease,Lessee does not intend to assume any obligations or responsibilities
of the$1,000,000 Section 108 Loan Agreement dated December 27,2001,and secured by a Loan
Agreement,Security Agreement,Promissory Note and Deed of Trust,all dated March 21,2003.
SIGNED:
LESSOR: LESSEE:
City of Beaumont Jehovah Jireh Village CDC,Inc.
Kyle Hayes Felicia Young
City Manager Executive Director
Title Title
Date Date
Page 7