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PACKET FEB 10 2015BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 10, 2015 1:30 P.M. CONSENT AGENDA Approval of minutes — February 3, 2015 * Confirmation of committee appointments A) Authorize the City Manager to submit an application to the Texas Department of Transportation for a five year temporary closure of State of Texas right-of-way for the Gusher Marathon B) Authorize the acceptance of a five foot wide Exclusive Water Line Easement located at 3536 College Street C) Authorize the City Manager to execute an Earnest Money Contract for the sale of a vacant 0.872 acre strip of land between Smart Street and West Cedar Street L1 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E.. Public Works Director_2e MEETING DATE: February 10, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit an application to the Texas Department of Transportation (TxDOT) for a five (5) year temporary closure of State of Texas right-of-way for the Gusher Marathon. BACKGROUND The Gusher Marathon has taken place in Beaumont since 2010 with this year's marathon taking place March 7, 2015. Each year, the City submits an application for temporary closure of State of Texas right-of-way from MLK Parkway (SPUR 380) from College Street to Jim Gilligan Way. City staff would like to submit a multi-year application which would be in effect from March 7, 2015 through March 7, 2020 upon Council approval. The Gusher Marathon route will remain the same for the five (5) upcoming years as it has the past four (4) years the event has taken place. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. Agreement No. District # Code Chart 64 # Project: _ STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY — MULTI-YEAR AGREEMENT THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," and the City of Beaumont , a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "local government." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including Spur 380 , in Jefferson , County; and WHEREAS, the local government has requested the temporary closure of Spur 380 for the purpose of Gusher Marathon , from _ March 7, 2015 to March 7, 2020 as described in the attached "Exhibit A," hereinafter identified as the "Event;" and WHEREAS, the Event will be located within the local government's incorporated area; and WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate with the City so long as the safety and convenience of the traveling public is ensured and that the closure of the State's right of way will be performed within the State's requirements; and WHEREAS, on"the 3 day of February 2015 , the Beaumont City Council passed Resolution / Ordinance No. , attached hereto and identified as "Exhibit B," establishing that the Event serves a public purpose and authorizing the local government to enter into this agreement with the State; and WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this agreement has been developed in accordance with the rules and procedures of 43 TAC, Section 22.12; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Traffic—Traffic—Closure Incorporated (TEA3013) Page 1 of 8 Rev. 05/02/2008 Agreement No. District # Code Chart 64 # Project: AGREEMENT Article 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and the maximum duration of this agreement shall not exceed five years unless terminated or modified as hereinafter provided. Article 2. EVENT DESCRIPTION The Gusher Marathon is a sanctioned 26.2 mile, 13.1 mile, and 3.1 mile run event hosted by Sports Society for American Health, a 501(c)(3) nonprofit organization founded in 2000. The event will take place on March 7, 2015. Beginning at the Montagne Center on the Lamar University Campus, the course travels down M L King JR Parkway (Spur 380) continues through downtown Beaumont and returns to the Lamar Campus before finishing back at the Montagne Center. Spur 380 is a 7 lane highway in Jefferson County. The closure will begin at 0600 and conclude at 1400. 8,000 participants are expected for this event. City of Beaumont will provide barricading and personnel to manage the event in cooperation with the event host. More information is provided on the attached flyer (exhibit A) and event map (exhibit C). Article 3. OPERATIONS OF THE EVENT A. The local government shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B. The local government shall submit to the State for review and approval the construction plans, if construction or modifications to the State's right of way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. The State may require that any traffic control plans of sufficient complexity be signed, sealed and dated by a registered professional engineer. The traffic control plan shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. All temporary traffic control devices used on state highway right of way must be included in the State's Compliant Work Zone Traffic Control Devices List. The State reserves the right to inspect the implementation of the traffic control plan and if it is found to be inadequate, the local government will bring the traffic control into compliance with the originally submitted plan, upon written notice from the State noting the required changes, prior to the event. The State may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure. C. The local government will ensure that the appropriate law enforcement agency has reviewed the traffic control for the closures and that the agency has deemed them to be adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it will contact the State for consultation no less than 10 workdays prior to the closure. D. The local government will complete all revisions to the traffic control plan as requested by the State within the required timeframe or that the agreement will be terminated upon written notice from the State to the local government. The local government hereby agrees that any failure to cooperate with the State may constitute reckless endangerment of the Traffic—Traffic—Closure Incorporated (TEA30B) Page 2 of 8 Rev. 05/02/2008 Agreement No. District # Code Chart 64 # _. Project: public and that the Texas Department of Public Safety may be notified of the situation as soon as possible for the appropriate action, and failing to follow the traffic control plan or State instructions may result in a denial of future use of the right of way for three years. E. The local government will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. F. The local government will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right of way and otherwise prevent interference with the main lane traffic by both vehicles and pedestrians. The local government will prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the local government shall provide to the State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be able to meet its requirements. G. The local government hereby assures the State that there will be appropriate passage allowance for emergency vehicle travel and adequate access for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the local government's traffic control plan. H. The local government will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State's right of way and restore or repair the State's right of way, including, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the local government will remain the property of the local government. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 5. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that use of the State's right of way is not feasible or is not in the best interest of the State and the traveling public. (3) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. (4) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations, and liabilities of the State and local government under this agreement. If the potential termination of this agreement is due to the failure of the local government to fulfill its contractual obligations as set forth herein, the State will notify the local government that possible breach of contract has occurred. The local government must remedy the breach as outlined by the State within ten (10) days from receipt of the State's notification. In the event the local Traffic—Traffic—Closure Incorporated (TEA3013) Page 3 of 8 Rev. 05/02/2008 Agreement No. District # Code Chart 64 # Project: government does not remedy the breach to the satisfaction of the State, the local government shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. Article 6. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the State's decision shall be final and binding. Article 7. RESPONSIBILITIES OF THE PARTIES The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 8. INSURANCE A. Prior to beginning any work upon the State's right of way, the local government and/or its contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1560, latest edition) and shall maintain the insurance in full force and effect during the period that the local government and/or its contractors are encroaching upon the State right of way. B. In the event the local government is a self-insured entity, the local government shall provide the State proof of its self-insurance. The local government agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9. AMENDMENTS Any changes in. the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the local government and the State. Article 10. COMPLIANCE WITH LAWS The local government shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right of way. Article 11. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 12. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Traffic—Traffic_Closure Incorporated (TEA30B) Page 4 of 8 Rev. 05/02/2008 Local Government: City of Beaumont Agreement No. District # Code Chart 64 # Project: State: Texas Department of Transportation All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 13. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF BEAUMONT Executed on behalf of the local government by: Date 2-10-2015 City Official Typed or Printed Name and Title THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Date District Engineer Traffic—Traffic—Closure Incorporated (TEA3013) Page 5 of 8 Rev. 05/02/2008 Agreement No. District # Code Chart 64 # Project: Exhibit A "Event" Traffic—Traffic—Closure Incorporated (TEA30B) Page 6 of 8 Rev. 05/02/2008 Agreement No. District # Code Chart 64 # Project: Exhibit B Resolution / Ordinance Traffic—Traffic—Closure Incorporated (TEA30B) Page 7 of 8 Rev. 05/02/2008 Agreement No. District # Code Chart 64 # Project: Exhibit C LOCATION MAP Traffic—Traffic—Closure Incorporated (TEA30B) Page 8 of 8 Rev. 05/02/2008 Agreement No. District # Code Chart 64 # Project: Exhibit A "Event" Traffic—Traffic—Closure Incorporated (TEA30B) Page 6 of 8 Rev. 05/02/2008 EXYG O N aad Baptist ,--,i--, GUSHER MARATHON Exxpress Mart HALF MARATHON KAYSEL FORD 5K ***MEDIA ADVISORY***MEDIA ADVISORY" *MEDIA ADVISORY*** ADVISORY DATE: Saturday, March 7, 2015 CONTACT: Richard James III Director (409)781-2932 richard@thegusherrnarathon.com www.theGusherMarathon.com www.facebook.com/Gusher.Marathon Exygon and Baptist Hospitals Gusher Marathon unveils date. Saturday, March 7, 2015. WHAT: The sixth annual Exygon and Baptist Hospitals Gusher Marathon, Half -Marathon & Kinsel Ford 5K, will be held Saturday, March 7, 2015. WHERE: The event will begin and end at Lamar University's Montagne Center. The course circles Lamar University, proceeds along MLK Parkway between College St. (Hwy 90) and Lamar University, and winds through downtown Beaumont. This requires numerous road closures and rerouting of traffic in those areas. WHEN: Saturday, March 7, 2015 starting at 7:30 a.m. and ending about 2 p.m. WHY: Every city the size of Beaumont or larger is identified by its marathon or half marathon and uses it as a major tourism draw, i.e. Houston, Dallas, Austin, San Antonio, Corpus Christi, El Paso, etc. Marathons add to a city's reputation of being progressive, health conscious and concerned about its citizens. Southeast Texas was named one of the unhealthiest areas is the country. The Gusher Marathon is taking steps to alter that image. Most importantly, obesity, especially in children, has become a national epidemic. We are working to counter this by providing an event that encourages youth and adults to take action toward improving their health. WHO: The Gusher is hosted by Sports Society for American Health a 501(c)(3) nonprofit organization founded in 2000, which hosts professionally sanctioned races and athletic events to improve health especially children's health and education. Title Sponsors: Exygon, Baptist Hospitals, Exxpress Mart, Kinsel Ford Lifetime Sponsor: Moore for Kids Agreement No. District # Code Chart 64 # Project: Exhibit B Resolution / Ordinance Traffic—Traffic—Closure Incorporated (TEA30B) Page 7 of 8 Rev. 05/02/2008 Agreement No. District # Code Chart 64 # Project: Exhibit C LOCATION MAP Traffic—Traffic—Closure Incorporated (TEA30B) Page 8 of 8 Rev. 05/02/2008 0 4 U G U ¢Z ¢ J O rN ¢ O O W O W o a> z tL n 3 �U N mJ i O r SCZ N N Z <r z 0 W U O CZ ¢ Z Z W Q m Z m J U v>4 7 z m O~ cC W 4 D r- Nz a w X N p� O� a s o maw N< YZ 5 N4 S O ~ Z Q O < � W NC 4 QFW- ZU W W 2 V W OZ 40 r W 2 F- < r 0 O V S G .Z-+ <N <K Z W J owzw_Q°� zi J N W OU J O O G7 M O LL r4 N X # +O LL O 4 V WO JRUr 2� Q<W W 2 Q.=. =Q m Q _JU Q VI Wo a�pO yy W 0LL W �= ww aw Na a /JYa w W H W 4 W W W5 W W �LLOS N m Q4 m = JO JH Z J JO J �+ O J OW J OL �r V r S rW S Z N� YJ W N 00 N < w o ~-' a 2 W U W w � Q, UJ w z -m Z < Om OS V 1LLiJ U> QQ MY � r LL O N W Z W 4 N W N Z J Q a Q W W Q J 7-0 c s r� ¢ 4 O NU N1 Q ow o - N w 0O z O -M H17"H NVJ1831YY I bIOZ-9Z- el A191.JOS S1MOdS 1N311� 0 1n z 0 W © o 3 ui Ell O -i tit a fri4 aPww 00 sm dal NON! 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W 0 o 00 a W ° o La^a°°aql/a 40 4 4 13 W LLI 2 J �fr11, r V 6 m d Ww II J W i s YY zz a 6 i W 0. 0 H3 tW- E w .e La S 6� a ff x 6 8g g s s � II� da 4 4 4 4 4 � ii 4 8 UOISJMu°a MJJabi A cc.J 1MN Jac, ul a0i p c4pcp/ Jo as DJDDwN sIw Io 13111 Iuo !C IauoJA" DN '.ivr i❑IICOJa Dui .... �.w !00x1 x1 AC OD°O :31ra 1 v+ww�r Y�yl )D a n Dyy Ja3m rias m . CERTIFICATE OF INSURANCE __ _.__.__._________ DATE: 12/31/2014 CERTIFICATE NUMBER: 20141203302013 k>.,..N�.,-.rr.....-,.R.®..a.m,,......ry...««.....,.«»,.,�,.a..�.,...«..,.o..�.,�., a.......,w,....w,......,:,�............,..<..�.. w,.,.. ffW,.,�.�........,,,�.......-...�„ ........�.., AGENCY: ESIX 3 LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND d/b/a Entertainment & Sports Insurance eXperts (ESIX) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES d/b/a Entertainment and Sports Insurance Agency (California) NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 2727 Paces Ferry Road, Building Two, Suite 1500 BELOW. Atlanta, GA 30339 678-324-3300 (Telephone) 678-324-3303 (Facsimile) 3 NAMED INSURED: INSURERS AFFORDING COVERAGE: USA Track &Field, Inc. Sports Society for American Health INSURER A: Philadelphia Indemnity Ins. Co. 132 East Washington Street, Suite 800 Indianapolis IN 46204 INSURER B: Philadelphia Indemnity Ins. Co. i { EVENT INFORMATION: Exygon & Baptist Hospitals Gusher Marathon, Exxpress Mart Half Marathon & Kinsel Ford 5K (317/2015 - 3/8/2015) POLICY/COVERAGE INFORMATION: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS (TYPE OF INSURANCE: POLICY NUMBER(S): j EFFECTIVE: EXPIRES: LIMITS: A (GENERAL LIABILITY PHPK1241556 — f 11/1/2014€1111/2015 ----. i 1 X Occurrence GENERAL AGGREGATE (Applies Per Event) $3,000,000 112:01 AM 112:01 AM X Participant Legal Liability ? ;EACH OCCURRENCE _ $1,000,000 j DAMAGE TO RENTED PREMISES (Each Occ.) — $1,000,000 MEDICAL EXPENSE (Any one person) EXCLUDED PERSONAL & ADV INJURY — — --- $1,000,000 fff 3 PRODUCTS-COMP/OP AGG $3,000,000 B UMBRELLA/EXCESS LIABILITYT X Occurrence PHU8476653 1111!2014 1/1/2015 AGGREGATE (Applies Per Event) $10,000,000 12:01 AM 12:01 AM --- — j EACH OCCURRENCE $10,000,000 — j DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS: Coverage applies to USA Track & Field sanctioned events and registered practices, including any directly related activities, such as event set-up and tear -down, participant check-in and award ceremonies. The certificate holder is an additional insured as required by written contract or written agreement, but only for liability arising out of the negligence of the Named ! Insureds per the following endorsement: Additional Insured - Certificate Holders (Form PI -AM -002) The General Liability policy is primary and non-oontributory with respect to the negligence of the Named Insureds (Form CG 00 01). The General Liability policy contains a blanket Waiver of Subrogation as required by contract per Waiver of Transfer of Rights of Recovery Against Others (Form CG 2404). j j: i CERTIFICATE HOLDER: !NOTICE OF CANCELLATION: City of Beaumont Should any of the above described policies be cancelled before the expiration date thereof, 801 Main Street notice will be delivered in accordance vnth the policy provisions. t--.... __......... 300 Ste AUTHORIZED REPRESENTATIVE: Beaumont TX 77710 � i i i i ACC)R "® CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 01/(06/2 ' THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not conferrights tothe certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Willis of Texas, Inc. c/o 26 Century Blvd. P.o. Box 305191 PHONE FAX 877-945-7378 888-467-2378 -"SILcertificates@willis.com INSURER(S)AFFORDINGCOVERAGE NAIC# Nashville, TN 3 723 0-5191 INSURERA:Lexington Insurance Company 19437-001 12/31/2014 _ INSURED USA Cycling, Inc. INSURER B: INSURER C: 210 USA Cycling Point Colorado Springs, CO 80919 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 22660036 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR TYPE OF INSURANCE DL SUB POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY y 015375404 12/31/2014 12 /3 1/2 015 EACH OCCURRENCE $ 1,000,000 PREMISES c&rence) $ 1,000,000 000 000 CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL&ADV INJURY $ 11000,000 GENI AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY n PRO - JECT X LOC PRODUCTS-COMPIOPAGG $ 1,000,000 $ OTHER: OTHER: AUTOMOBILE LIABILITY COMBINED �dEDSINGLE LIMIT $ BODILY INJURY(Per person) $ ANY AUTO ALLOWNEDSCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ PROPERTY DAMAGE - (Per accident) $ HIRED AUTOS NON -OWNED AUTOS $ UMBRELLA LV1B OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I RETENTION $ $ WORKERS COMPENSATION - AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVEY NIA E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? tory,InNH) randafl describe under E.L. DISEASE - EA EMPLOYEE $ Dr, DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additonal Remarks Schedule, may be attached If more space Is required) Endorsement LX4309 (06/14) AI- DESIGNATED PERSON-ORG: As required by written contract, Certificate holders are named as. Additional Insured for USA Cycling sanctioned/permitted events. Endorsement NAMEINSD (02/94) NAMED INSURED AMENDMENT: Event Organizers and/or Promoters are Named Insureds. It shall be a condition of coverage that all organizers/promoters for whom coverage is afforded under this policy execute a USAC Event Permit Application and coverage will be afforded only for the specific event and date on the permit. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Kyle Hayes 801 Main, Suite 300 Beaumont, TX 77701 Coll:4594450 Tnl:1900224 Cert:2�2660036 ©1988-2014ACORD CORPORATION. All riahts reserved ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HRHI8003 LOC#: A� ADDITIONAL REMARKS SCHEDULE Paged of 2— AGENCY NAMED INSURED USA Cycling, Inc. Willis of Texas, Inc. 210 USA Cycling Point Colorado Springs, CO 80919 _ POLICY NUMBER 015375404 CARRIER NAIC CODE EFFECnVEDATE: 12/31/2014 ,Lexington Insurance Company 19437-001 ADDITIONAL REMARKS ACORD 101 (2008/01) Coll:4594450 Tp1:1900224 Cert:22660036©2008ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEIAENT Thi wnd'cw%*m*,nt, wffwctivw 12 --al A 12-t3jt2014 Fain= a part crF pegicy rays..: 0157375404 12mu*d to-- MA CYCLING, PX-, By- LEXROPM R"MAMM COWMY 7b= Kndmrmnwt mcdf*m v=uwcu prawk6d by 1*w fgcwixr p SCHEDULE Name o4 AaWviamid &aumd Pammntz I or "Avia m tionLO. +iz SchvcU*,l: nal thawim abomm, va be zFewin in *a. 048mrAfiorm ma Im An &mAwd it mmn&j 15 k-kida — — -aa*m-i imumd, dw W=d.,a qw ai l„I.. k t.. bbd at* wdh mzpo,-t lim RAMV for 'b=gr -gW. 'prMadV or *pw=mw W'd mkvrims ki4w cmxmd� in — im P -k by v—, mcft or offir swcz. or *a Actr or cni=im= cilhom& =filq, an vmw bahma: L lnlOWPWhMM"=OfV=X==jgi"90P-Mi-4::;- 2- in cartrmcfam mifi vow pmaixem amwJ by,or nmtv4 fa vou. fiaww"mr- t 71= i=urwcs Nowdad in =J:N smiami ivmma,er€' m *a 4w walwt P—Uwd by IvSAW =%a 2- if ccmmgm pm%idod la *w ad&Smmd k=umd = -*A-d bv a c-*w:t - *w—uwkBaa IrmwWww Afix%6d 1k:, mm:k addwmwi w=wwcl VA mat Im bmwc6r dun Ihat vair-+ wu am raqLirwd bw *w czw*m--t cr agmawowd is prc%ic6, for mm=h adckimrod kuws& 6 vim nop*ct ** tba ummummw d6,&d *, thamw ad&&md mmrwht, *w "o—vis is Salta to soclim lit. - Limitz Of bwuwmmww-- IF cawmas azi .p pwmided to " mdcRimmkI i=umd is maqwiwd 6V a cm*Amt � mqrm�wvv jj� a= PW, ILA440106" I G—f— V*-" -1 .1 a AN Pt" Pt—,L I I CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 01/`06/2015) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAMP- Willis of Texas, Inc. c/o 26 Century Blvd. P.O. Box 305191 PHONE FAX 877-945-7378 888-467-2378 ADDRESS -MAIL certificatesQwillis.com Nashville, TN 37230-5191 INSURER(S)AFFORDINGOOVERAGE NAIC # INSURERA:Lexington Insurance Company 19437-001 12/31/2014 INSURED USA Cycling, Inc. INSURER B: INSURER C: 210 USA Cycling Point INSURER D: Colorado Springs, CO 80919 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 22660037 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I 7YPEOFIN5URANCE DL SUB pOUCYNUMBER POUCYEFF POUCYEXPITR LIMITS A X COMMERCIAL GENERAL LIABILITY 015375404 12/31/2014 12/31/201 EACHOCCURRENCE $ 1,000,000 p�{�,q 7Q�aE�rence) $ 1,000,000 PREM�S(t CLAIMS -MADE X OCCUR MED EXP (Any one person) $ PERSONALS ADV INJURY $ 1,000,000 GEMLAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY ❑ PRO- JECT X ❑ LOC PRODUCTS -COMP/OPAGG $ 1,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY(Per person) $ ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS N-OWNED HIREDAUTOS NOIA BODILY INJURY(Per accident) $ (Pereccidenl) MAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION SPER I - AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YN /A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? randatory,In NH) E.L. DISEASE -POLICY LIMIT $ rdescntre under D RIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS! LOCATIONS/ VEHICLES (ACORD 101, Additonal Remarks Schedule, maybe attached If more space Is required) Endorsement LX4309 (06/14) Al- DESIGNATED PERSON-ORG: As required by written contract, Certificate holders are named as Additional Insured for USA Cycling sanctioned/permitted events. Endorsement NAMEINSD (02/94) NAMED INSURED AMENDMENT: Event Organizers and/or Promoters are Named Insureds. It shall be a condition of coverage that all organizers/promoters for whom coverage is afforded under this policy execute a USAC Event Permit Application and coverage will be afforded only for the specific event and date on the permit. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Richard James 9270 Glen Meadow Beaumont, TX 77706 ('a77 -4594450 Tin -'1900224 Crart-2Y2660b37 Cc) 19RS-2014ACORD CORPORATION. All riahtsreserved ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HRH18003 _ LOC#: '4 ADDITIONAL REMARKS SCHEDULE Paged of .2_ AGENCY NAMED INSURED USA Cycling, Inc. Willis of Texas, Inc. 210 USA Cycling Point Colorado Springs, CO 80919 POLICY NUMBER 015375404 _ CARRIER NAIC CODE EFFECTIYEDATE: 12/31/2014 ,Lexington Insurance Company 19437-001 FIA NIP] I161lel_ 44,11_l:�:�: ACORD 101 (2008/01) Coll:4594450 Tpl:1900224 Cert:22660037©2008ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JN.EAUrA0NT,T..AJ. City of Beaumont February 5, 2015 Ted Clay Traffic Engineer TxDOT 8350 Eastex Freeway Beaumont, TX 77708-1701 Dear Mr. Clay: The City of Beaumont is currently self-insured for all lines of coverage normally made available under the Texas Business Auto Policy. Comprehensive and collision accidents are paid as normal operating expenses. The City has a self-insured trust fund from which it pays all liability claims. The City currently purchases insurance for real and personal property. All real and personal property are protected by all risk type coverage including flood. Real and personal property are subject to a $50,000 deductible. If we can be of further assistance to you or provide you with additional information, please do not hesitate to contact us. MM:ss Very truly yours, �140ttm671L Matthew Martin, AIC, ARM Liability Administrator Legal Department • (409) 880-3715 • Fax (409) 880-3121 P.O. Box 3827 • Beaumont, Texas 77704-3827 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 an application to the Texas Department of Transportation (TxDOT) fora five (5) year temporary closure of State of Texas right-of-way (MLK Parkway/Spur 380) from College Street to Jim Gilligan Way effective during the dates of the Gusher Marathon in the years of 2015 through 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of February, 2015. - Mayor Becky Ames F� TF- X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director J' /� MEETING DATE: February 10, 2015 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a five foot (5') wide Exclusive Water Line Easement. BACKGROUND HEB Grocery Company, LP has agreed to convey a five foot (5') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.0023 acre tract out of the David Brown Survey, Abstract No. 5. The water line easement is for the construction of a new commercial store located at 3536 College Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, HEB Grocery Company, LP has agreed to convey one (1) five foot (5) wide exclusive water line easement, said easement being a 0.0023 acre tract out of the David Brown Survey, Abstract No. 5, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of a new commercial store located at 3536 College Street; 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 one (1; five foot (5') exclusive water line easement conveyed by HEB Grocery Company, LP, being a 0.0023 acre tract out of the David Brown Survey, Abstract No. 5, as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of February, 2015. - Mayor Becky Ames - STATE OF TEXAS X. KNOW' .ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the County of' Bexar, State of Teras hereinafter called "GR2,NTOR". wheth:;r one or more, for and in consideration of the sui2 of ONE AND N0/100 DOLLAR (S 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 perpetual, exclusive, water line easement (the "Easement") to construct, alter, and .maintain waterlines and related 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 Exhibit "A", attached and made a part hereof for all purposes (the "Easement Area") The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement EXHIBIT "1" and the rights appurtenant thereto shall in no event unreasonably interfere Nvith or hinder the business operations on the Grantor's adjacent property and"or Grantor's ingn-ess and egress thereto. Grantor reservcs the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the put -poses provided herein, including but not limited to the right to place surfacing materials over and acr(_)ss the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively. the "Pennitted Exceptions") This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AD TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Pennitted Exceptions. [Si -nature Pace Folloivq EXECUTED this day of .2015 GRANTOR: HEB Grocery Company, LP a Texas limited partnership B v: Printed Name: Todd A. Piland Title: Vice President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF BEXAR X BEFORE ME, the undersigned authority, on this day personally appeared TODD A. PILAND the EXECUTIVE VICE PRESIDENT of HEB GROCERY COMPANY, LP, a Texas limited partnership, ]mown 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 limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2015. Notary Public, State of Texas RETCIRN TO: City of Beaumont Antoir..ette Hardy - Engineering P. O. Box 3827 Beaun-.ont, TX 77704 Fittz&Shiprnan, INIIC- ;nIr d:�:, -'pwh it I E Ki-1113IT A, I'AG E i O 3 FIELD NOTE DESCRIPTION ()E A 0.0023 ACRE TRAC EOR A EXCLUSIVE NVATER LINE EASEMENT OUT OF THE DAVID BROWN SLiI01'E.Y, ,"B'S'I'€LACI 5 . EFFFIZSON COUNTY, TEXAS OCTOBER 29,21H4 That certain 3.0023 acre tract for an exclusive water line easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across Lot 1A of the College Stree-. Complex a plat recorded in Clerks File No. 2014034601 of the Official Public Records of Jefferson County, said 0.0023 acres being more particularly described by metes and bounds as follows NOTE: ;iasis of Bearings is a west line of said Lot 1A having been called South 00'09'10' Eas 350.35 feet. COMMENCING at a capped iron rod found in the east right-of-way line of 1 i"' Street for the southwest corner of a called 1.1623 acre tract conveyed to American Office, LLC as recorded in Clerks File No. 2003005206 of the Official Public Records of Jefferson County, Texas and the most westerly northwest corner of said Lot 1A from which a PK nail found for an angle point of said Lot 1A bears North 89'54'45" East 150.31 feet (called North 89°54'45" East 150.31 feed; THENCE South 00°31'03° East along the said east right-of-way line of 1 P Street and a wrest line of said Lot 1A a distance of 30.00 feet (called South 00°31'03" East) to a point for an exterior corner of a 10' wide exclusive water line easement recorded in Clerks File Ne. 2013038861 of the Official Public Records of Jefferson County, Texas from which a PK nail found for an angle point of said Lot 1A bears South 00"31'03" East 118.57 feet (called South 00°31'03" _aIst); THENCE North 89°51'51" East along a south line of the said 10wide exclusive water line easement a distance of 234.38 feet to a point for the northwest corner of the said 0.0023 acre tract and the POINT OF,3EGINNING; Fittz & Siriprran, Inc. Paae 1 of 2 Project No 1005002T8WtrLineEsmt Plat & Description 140-) Corneistone Court - 6cciumonL, Texus 7-,7()6 i 10))) tai- (409 6'2-7j0", `, G,,.ird of Prol Engineers Finn No 1160 e Ta 0 r (: u( h,'i Land :',ur,-evors ! irm No. 100'1;6 F;XRIBIT :E, VA(;'. 7 C ii' THENCE Ncrih 89°51'51" East along the said south line of the said 10 wide exclusive water Zine easement and the north line of the said 0.0023 acre tract a distance of 20.00 feet to a point for the no--theast corner of the said 0.0023 acre tract, THENCE Scuth 00°08'09" East alone the said east line of the said 0.0023 acre tract a distance of 5.00 feet to a point for the southeast corner of the said 0.0023 acre tract, THENCE Scuth 89`51'51" West along the south line of the said 0.0023 acre tract a distance o -- 210.00 f20.00 feet tc a point for the southwest corner of the said 0 0023 acre tract; THENCE North 00°08'09' West along the west line of the said 0-0023 acre tract a distance of 5.00 feet to the P0114T OF BEGINNING and containing 0.0023 acre of land more or less. This description is based on a survey made by Fittz & Shipman, Inc. during September 2012 and April 201 f✓ � � -„may �,�� � ,% ✓`✓:.'`.i Walter J. Ks;azek Registered Professional Lnnd Surveyor Nom. 5321 - Fittz & Shipman, inc_ Page 2 of 2 Project No. 100502T8WtrLineEstm Plat & Description n'6 Ute` F l l ow •g \ S +Y O- ;'\ LD u P i" O Y O ow \ ;'\ J P C TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: February 10, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Earnest Money Contract for the sale of a vacant 0.872 acre strip of land between Smart Street and West Cedar Street. BACKGROUND On February 25, 2014, City Council passed Resolution No. 14-043 accepting the bid submitted by NAI Wheeler for an annual contract to provide real estate broker services to list and sell City -owned property. NAI Wheeler has secured one (1) potential buyer that is interested in purchasing a vacant 0.872 acre strip of land between Smart Street and West Cedar Street. The vacant land is abandoned Railroad Right -of -Way located north of the Amtrak Station facility. After reviewing the Earnest Money Contract, it is in the best interest of the City of Beaumont to execute the Earnest Money Contract with Dingo Realty, LLC with a cash offer in the amount of $25,000.00. Dingo Realty, LLC will deposit $1,000.00 as earnest money to Texas Regional Title for a feasibility period of 30 days. If Dingo Realty, LLC terminates the earnest money contract, the earnest money will not be refunded to Dingo Realty, LLC. The date of closing will be seven (7) days after the expiration of the feasibility period. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Earnest Money Contract with Dingo Realty, LLC for the sale of a vacant 0.872 acre strip of land located between Smart Street and West Cedar Street. The contract is substantially in the form attached hereto as Exhibit "1" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of February, 2015. - Mayor Becky Ames - _7,sli - - 344 W T1ExAS ASSOCIATION OF IZBALTORSO COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORD BY PERSONS WHO ARE NOT MC;MBERS OF THE: TEXAS ASSOCIATIW4 OF REALTOREZ I$ NOT AVTHORIYEO. ' �Te�s AssoCl�tion of REAL70R9D, Int_?414 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Beaumont Address: 801 North Main street, Beaumont, TX 77701 Phone: _ __ _ _ E-mail: -- Fax: _ Other: Buyer: Dingo Realt,V, LLG Address: P -o. Bot: 12400 ngaumont TX 77726 Phone: (409) 839-4428 E-mail: m1958mark@ao1 ,com Fax: (409) 832-4344 _ Other: 2. PROPERTY: A. "Property" means that real property situated in Jefferson County, Texas at 0,872 AC at Smart Street .& West Cedar (address) and that is legally described on the attached Exhibit ___ A �. oras follows: B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and Interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum) (If mineral rights are to by reserved an appropriate addendum should be attached) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing • ... • ...................... $ 25,000,00 (2) Sum of all financing described in Paragraph 4 . . . . .. . ... . ............ $ (3) Sales price (sum of 3A(1) and 3A(2)) ....... . ........... . .......... $ _ 25 , 000.00 (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer Page 1 of 1$ Wd Whccler, 470 Orieans Strcct. 12th Floor Beaumont, TX 77701 Phono:409-899-3300 Fax: 40SI-899-3301 Frica Goss Sma tStJPcrtitta Produced whit LpForMZ by ZpLoglx 18070 FlNeon MIC Rood, FT050T. LSgh! pn 4026 yrvix•,s1pl.oa�x.com EXHIBIT "1" qf �.i� �_-t _r��-'454 41 Commercial Contract - Unimproved Property concerning 0.872 AC at Smart Street & West Coda): Ym B. Adiustment to Sales Price: (Check (1) or (2) only.) ® (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 613. (a) The sales price is calculated on the basis of $ ❑ (i) square foot of ❑ total area ❑ net area. ❑ (ii) acre of ❑ total area ❑ net area, per: (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (i) public roadways, ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) _._ (c) If the sales price is adjusted by more than % of the stated sales price, either party may terminate this contract by providing written notice to the other party within days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING; Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: ❑ A. Third Party Financing: One or more third party loans in the total amount of $ This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ Cl C. Seller Financing.- The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (YAR -1931) in the amount of 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $1.000. oo as earnest money with Texas Regional Title Company (title company) at 3195 bowlen Rd. Ste 108, neaumont, TX (address)tdolly Mallet— (closer). If Buyer falls to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ with the title company to be made part of the earnest money on or before: ❑ (i) days after Buyer's right to terminate under Paragraph 713 expires; or ❑ (ii) . Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -11302) 4-1-14 Initialed for Identification by Seller and Buyer_k� Page 2 of 13 FrnduceJvZth zipFOr Sby ztpLoglz IS070 FInoen N.to Road. Ftaezt, Kchigan 48D-06 ,yaw;t:awlr cyM Smart St./Fenlna ria_. 12 3, Commercial Contract - Unimproved Property concerning 0.872 AC at smart Street & west Cedar C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer, 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, Insuring Buyer against loss under the title policy, subject only to: (a) those title Exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: ® (a) will not be amended or deleted from the title policy. ❑ (b) will be amelded to read ''shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within_ 20 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the "Itle company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 7— days after the effective date: © (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTArACSM Land Title Survey standards, or (ri) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance.with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. M(3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required, Buyer will reimburse Seller N/A (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C• Buyer's Objections to the Commitment and Survev: (1) Within 5 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any rt of the Property lies in a (TAR -1802) 4-1-14 Initialed for identification by Seller and Buyer Page 3 of 13 Pranced with z,pFprm0oy zipLoBtx 18070 RhKn lMo Road, Freer, Mlo,h�;%n 48026 JnA tioLa; ir,5in,• $2)181T sCff titfitfu PA GE L14 / Cotnrrercial Contract - Unimproved Property concerning d .372 AC at Smart S1~�ee` &West Cedar special flood hazard area (an °A" or "V" zone as defined by FEMA). It Paragraph 6B(1) applies, Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of Via survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 76(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION_ A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: B. Feasibility Period: Buyer may terminate this contract for any reason within as days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) ® (1) If Buyer terminates under this Paragraph 713, the earnest money will be refunded to Buyer less $ 1-000 - 00 _ that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to.the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. if no dollar amount is stated in this ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ as Independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 76, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale_ If no dollar amount is stated in this C. Inspections. S�or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments That Buyer completes or causes to be completed. (TAR -1$02) 4-1-14 Initialed for Identification by Seller and Buyer Page 4 of 13 Produced vr.th 2ipFpr 0 b %1p1.o!$X 16070 Fllteen MA 19 Rood, Fteaat. 711iWIptn 46026 ""f j;o! ZiY tt4M Smart $tiFerd" .d0 4ti= -_32-4346 PAGE 05/17 Commercial Contract - Unirnproved Property concerning 0.972 AC at Sma: t: street & West Cedar (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage. or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property information: Within __ rr/Aa days after the effective date, Seller will deliver to Buyer: (Check all that apply.) ® (a) copies of al current leases pertaining to the Property, including any modifications, supplements, or amendments to the leases; O (b) copies of al notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before closing; ❑ (c) copies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; ® (d) copies property tax statements for the Property for the previous 2 calendar years; Ci (e) plats of the Property; D (f) copies of current utility capacity letters from the Property's water and sewer service provider; and 0 (g) – — - (2) Return of Propr:,rty Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply) ❑ (a) return to Seller all those items described in Paragraph 7®(t) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; ❑ (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and ❑ (c) deliver copies of all inspection and assessment reports related to the property that Buyer completed or caused to be completed. This Paragraph 71)(2) survives termination of. this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent, Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: �1 �any failure by Seller to comply with Seller's obligations under the leases; 2 any circumstances under any lease that entitle the tenant to terminate the (ease or seek any offsets or damages; (3) any advance Burns paid by a tenant under any lease; (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer-4(Page 5 of 13 PraSucad Vrlh YJPFarmV by xlpLoalx 18070 F Reen PA1c F.oad, F(P59!, Mchfgan 4bD2o wrN.z clog x rom Smart StdTertittu 01i 23!:::Ili _ 5 1--,: 5£: 401-332-41344 Commercial Contract - Unimproved Property concuning 0.872 AC at Smartt Street & West Cedar (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affeci any lease; and (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Certificates: Within N/A days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than N/A by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TAR Form 1938 -- Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 If the third party lender requests such additional information at least 10 days prior to the earliest date that Seiler may deliver the signed estoppel certificates. 9. BROKERS: A. The brokers to this sale are: Principal Broker: KenWheel , Inc. dba NAT Cooperating Broker: Wheeler Agent; Lee X. Wheeler, Iii Agent: _ Address: 470 Orleans Street, 12tt1h FL Address: Beaumont, TX 77701 Phony & FaX:d.( 09) 8:►9-33oo (409) 899-3301Phone & Fax: E-mail: LWheoler@NAIWheeler. , com E-mail: License No.: 579943 Licence No.: Principal Broker: (Check only one box) Cooperating Broker represents Buyer. ® represents Seller only. Cl represents Buyer only. C3 is an Intermediary between Seller and Buyer. B. Fees: (Check only (t) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) ❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ® (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: 3. coo W % of the sales price. ❑ % of the sales price. The cash fees will be paid in Jefferson County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE., Chapter 62, Texas Properry Code, authorizes a broker to secure an Earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent f the brokers affected by the amendment. (TAR -1802) 4-1-14 Initiated for Identification by Seller and Buyer Page 6 of 13 P: Mocad vrilh apForrr4 by z1vLo9ix 18070 FIM"n M09 Floed. Fraser. MiCH9M 4BO28 vtww zieL tA'+Lrortt smart $t.1pertim PAGE 67,' 17 Commercial Contract- Unimproved Property concerning 0.972 AC aL Smart St~rest. & Wez to C ed-zL 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1 } ® –"-2— days after the expiration of the feasibility period. ® _ (specific date). (2) 7 days after objections made under Paragraph 60 have been cured or waived. B. If either party fail:3 to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general El special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this .contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D, At closing, Seiler, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (iRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E, At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11 . POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete' under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer _ Page 7 of t8 P�pv4,ced With iipFpm,Sby ziploaix t@070 Ftitren h4k Road, From, MCR+@an 0802$ �•,�w�ntos,n rom Smut St./FCrtif(a PAGv 8/1 Commercial Contract - unimproved Property concerning 0.872 AC a'%-- Smart Street 6 West Cedar 12, SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract, (!f apecial provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) 13- SALES EXPENSES: A. Seiler's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording tees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; �4) premiums for flood insurance as may be required by Buyer's lender; 5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem takes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. if the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller changes the use of the Property before closing or if a denial of a special valuation on the Property claimed by Seller results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing, C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing:prep id expenses, advance rental (TAR -1802) 4-1-14 initialed for Identification by Seller and Buyer, Page 8 of 13 Pfawo-xl 555V5 z pFotm� tsy xIPLo�(K 18070 Ffleen tit:o RO80, FYaeer, N.xN9nn {90 fi ,ary xld aolx r_.�rt $n= S(./T0ni z i -,;',u'_ e9/ Commercial Contract - Unimproved Property concerning 0.672 AC at Smart Street & West Cedar payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 140 survives closing. 15. DEFAULT: A. if Buyer fails to comply with this contract, Buyer is in default and Seiler, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue; or (Check if applicable) ® enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(t), as liquidated damages and as Buyer's sole remedy; or (2) extend the timo for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or qV as Buyer's (2) enforce specific. performance, er—.e w, sole remedy 16. CONDEMNATION: It before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 713(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by.the same amount;. or (2) Buyer and the sales price will not be reduced. 17. ATT'ORNEY'S FEES: if Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW, A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. if no closing occurs, the title company may require payment of unpaid Expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. if one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. if the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. (TAR -1802) 4-1-14 initialed for Identification by Seller and Buyer Page 9 of 13 FroJuccd vAth zipFofa1ODy zipLV& 1W10 Rhwi Vila fload, Fraser, �fchtgan U026 $ManstffeAitt3 01 2 Commercial Contract - L)nlmproved Property concerning 0,872 AC at Smart Street & Wert Cedar C, The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. I-. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully falls or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for liquidated damages in an amount equal to the sum of: (i) three times the amount of the earnest money; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intends) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging parry. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1x31 of the Internal Revenue Code, The other provisions of this contract wili not be affected in the event the contemplated exchange fails to occur. � ' a A- t -as std I ❑ 67 t -ave e of (-1-} , (211a-Yt -lila , ' ais t -texts _,��IS , atel based Y rfts� !! ►n h r ,,�iQrrii .+F F Zexisted , r •IM -011 M _T-S7�i;TISl11l�r�:T1E37i-�7� _ 7RSZT-7�+Ts;7r 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. ❑ B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. if the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of , (TAR -1802) 4-1-14 ini'cialed for Id2ntitication by Seller and Bu yer , Page to of 13 Piq]u?A t�9lh zi�Fprtn?J Dy PipCDgoc 75070 FJRBen MP.e PAad, Fia.9e�. MieNgfln Qb(>ZB ,r+rx.��n1.4eK eom Smart SURrrirra Commercial Contract - Unimp'oved Property concerning 0.872 AC at Smart Street -...& Wist Cedar a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction, 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; (2) Commercial Contract Financing Addendum (TAR -1931); (3) Commercial Property Condition Statement (TAR -1408); (4) Commercial Contract Addendum for Special Provisions (TAR -1940); (5) Notice to Purchaser of Real Property In a Water District (MUD); (6) Addendum for Coastal Area Property (TAR -1915); (7) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAR -1916); (8) Information About Brokerage Services (TAR -2501); and (9) - -- (Note, Counsel for the Tams ASSOCiat!Or) of REAL TORSO (TAA) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREO) or published by TAR are appropriate for use With this form.) E. Buyer 0 may Ci may not assign this contract, If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, ail obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. if the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25, ADDITIONAL_ NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. if the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or server service to the properties in the certificated area. if your property is located in a certificated area there may be special costs or charges that you will be quired to pay before you can (TALI -1802) 4-1-14 Initialed for Identification by Seller and Buyer Page 11 of 13 Preducr! w',[h 21pForrttDby ztp1496( 18070 Ffeer, tAL'9 Foad, Ftsscr, l,tbMg3n 46026 wrw,: .�r.wm ST1l8rt $t/FEflilt9 PACE 12/1, l'S;'2 ii aid 4Ef=-i '-4?4d Commercial Contract - Unimpioved Property concerning Q - e72 AC at Smart Street & West Cedar receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a cisrtificated area and contact the utility service provider to determine the cost that you will be required tc pay and the period, if any, that is required to provide water or sewer service to your property, The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property," The real property is described in Paragraph 2 of this contract. D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state; §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p,m., in the time zone in which the Property is located, on — the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY- The brokers and agents matte no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Beaumont By: Kyle Hayes By (signature): Printed Name: Kyle Hayea Title: City Manager 3 By (signature): Printed Name: Title; Buyer: Aire o R alit LLC By: Mark Fertitta By (signature) Printed Name: Mark. Fertitta Title: By: By (signature): Printed Name: Title: (TAR•1602) 4-1-14 initialed for Identification by Seller and Buyer Page 12 of 13 Pro:ldo,d �oith zipFarmO byzipLock 18070 FlnFer, NV,- goad, Fruser,?,IehIgZn 4e0'15 Smart stiTertitta AGE 13 CD 32-4344 Commercial Contract • Unimproved Property concerning Q, 1372 pig at Smart St & VTp�t Cada AGREEMENT BETWEEN BROKERS fuse only if Paragraph 98(1) is effective} Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $ or ❑ % o?` the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: _ Cooperating Broker: By;_ By: Seller's attorney: Address: Phone & Fa;_ E-mail: Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. The title company acknowledges receipt of: ❑ A. the contract on this clay ❑ B. earnest money in the amount of $� on Title company: By: Assigned file number (GF#): ATTORNEYS Buyer's attorney: Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Buyer, ❑ Seller sends to Buyer. ESCROW RECEIPT (effective date); in the form of Address: Phone & Fax: E-mail: (TAn•1802) 4-1-14 Page 1$ of 13 pf(�duwj nijh e(pForrrn byztpLQ9 X 16070 Fihccn LUe R"d. Froaet, Minthipn 4y02b m+vj ZT0 oQ X mm Smart StOorOW L,: 05 409-^32-42A4 EXi3IB 1T A BEfNG a 0.872 acre (37,944.1 square feet) tract of land out of and a part of that certain Beaumont, Sour Lake & Western Railway Company, called 0.9 I acre tract of land, more fully descrined and recorded in Volume 95, Pape 13, Deed Records of Jefferson County, Texas. Said 0.872 acre tract of land being situated in the Noah Tvis Survey, Abstract 52, Jefferson County, Texas and being more particularly described as�follows: BEGINNING ata 4 inch round Concrete Monument with "3:" in tip found at the Northeast corner of that certain Joseph Andris, M.D., P.A. called 1.059 acres tract of land, more fully described and recorded in Clerks File #2005018950 of the Oficial Public Rccords of Jefferson County, same being at the intersection of the West line o said 0.97 acre tract and the South lure of Smart Street (60 feet wide public right-of-way); I THENCE Forth 88 -deg: 53 min. 30 sec. East along and with the South line of said Smart Street, a distance of 117.21 feet to a 5/8 -inch iron rod with cap stamped "WORTECH SURVEYORS" found at the beginning of a non -tangent compounh curve at the Northwest corner of that certain Beaumont independent School Distract calle6.996 acre tract of land, more fully described and recorded in Volume 631, Page 178 of s d Deed Records, same being at the intersection of the East line of said 0.97 acre tract and the South line of said Smart Street; THENCE in a Southeasterly direction. along anal with the East Iine of said 0.97 acre tract, same being ilne West line of said 6.996 acre tract anal said non -tangent compound curve to the lcfi, having a delta angle of 17 deg. 34 rein. 37 sec., a radius distance of 1137.39 feet, a chord beari»A of South 42 deg. 50 min. 33 sec. East, a chord dis ace of 347.56 feet and an are distance of 348.92 feet to a 5/8 inch iron rod with capjstamped "WORTECH SURVEYORS" found at a P_l._ of said crave; THENCE continuing in a Southeasterly direction along and with the East line of said 0.97 acre tract, same being the West line of said 6.996 acre tract and with said compound curve to the left, having a delta angle of 01 deg. 43 min. 16 sec., a raqus distance of 1513.30 feet, a chord bearing of South 57 deg. 38 min. 58 sec. Bast, a cho d distance of 45.46 feet and an are distance of 45.46 feet to a 5/8 inch iron rod "nth cap stamped "WORTECH SURVEYORS" set at the Southeast corner of said 0.97 acre tract, same being the Southwest comer of said 6.996 acre tract, same being the Northw st corner of that certain Beaumont Independent School District called 2.832 acre tract, more fully described and recorded in Volume 631, Page 177 of said Deed Recozds and saCne being the Northeast corner of that certain Bea-unont, Sour Lake & Western, RailwaylCompany called 1.405 acre tract of land, more fully described and recorded is Volume 5, Page 4 of said Deed Records; THENCE South 87 deg. 22 min. 33 sec. West along and with thel South line of said 0.97 acre tract, same being the North line of said 1.405 acre tract, a dislpmcc of 156.44 feet to a Y2 incb iron rod with cap stamped "F & S 409-882-7238" found in a non -tangent curve at the Southwest corner of said 0.97 acre tract, same being the Northwest comer of said 1.405 acre tract, same being the Southeast coiner of that certain Houma (Dollar Partners, L.L.C. called 1.445 here tract of land., more fully described and recorded in Clerks File A6 02/3 F'AG-_ 03/ n. C2/ 02', 4344 ,l EXMBIT A i #21009004839 of said Official Public Records and same being the Northeast corner of West Cedar Street. (variable tividth Public aright -of -wad); THENCE in a Northwesterly direction along and Kith the West lie of said 0.97 acre tract, same being the East line of said 1.445 acre tract and said non -tangent curve to the right, having a delta angle of 17 deg. 09 min. 13 see., a radius distaneelof 1237.39 feet, a chord bearing of'North 39 deg. 40 min. 41 sec. West, a total chord distal ce of 369.03 feet and at an arc distance of 197.dS feet pass a 1-1/2 inch iron rod found a the Northeast corner of said 1.445 acre tract, salve being the Southeast corner of said 1.05 acre tract and continue on along and with the East line of said 1.059 acre tract a total axe istanec of 370.46 feet to the PLACE OF BEGWNIN'G, containing 0.972 acre (37,944.1 square Feet) of land, more or (css. h Seller er' C, 2"/ 20 A.`._ I : 50 4i' Approved by the Texas Real Estate Commission for Voluntary Use 121 Texas law requires all real estate licensees to give the following information about Mh r�Y brokerage services to prospective buyers, tenants, sellers and landlords. efore working with a real estate broker, you should know that the duties of a broker LJdepend on whont the broker represents. if you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who fists the property for sale or lease is the owner's agent, A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKEN REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work In a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. iF THE BROKER REPRESE=NTS THE BUYER: The broker becomes the buyers agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist he owner but does not represent the owner and must place the interests of the buyer first, The owner should not toll a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an 10-10.4, 1 intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically Instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. if you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you shouid resolve those questions before proceeding. Real estate licensee asks thai you acknowledge receipt of this information about brokerage services for the licensee's records. Boyer, seller, L analorci or Dingo Roalt-y, LLC We 'texas Roel Estalo Brokers and salespersons are licensed and tegulated by the Texas Real Estate Corrtmfssl❑n (TAEc). li you have s question or complaint regarding a real estate licensee, you should contac7 TREC at P.O. Box 12188, Austin, Texas 78711-2188, $12.936-3000 (htlpl/vr,%w,lroa,texas gov) FRED No. OP -K (TAR -2501) 10-1011 NAI WI eller, 470 Orleans Sirect, 12th Floor Beaumont, TX 77701 Phone.: 409-999-3300 Fax: 409-599-3301 Etfoa Goss Producad w'th Zipi`ornO by 2iplogix 1$070 Flteen Mlle Road, Fraser, Michipan 48026�rvrtiv.z; tag aom Smart SUPectitta u1!" 1E, _ �3 3=-,= -4:144 Approved by the Texas Real Estate Commission for Voluntary Use Texas !aw requires all real estate licensees to give the following information about MIJ50.brokerage services to prospective buyers tenants sellers and landlords, r1 e TRW ofore working with a real estate broker, you should know that the duties of a broker depend on whore the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who ilsts the property for sale or lease Is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an Intermediary between the parties if the parties consent in writing. A broker can. assist you 1n locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first, The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material Information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. iF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each parry to the transaction to act as an 10-1 n i intermediary, The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary, The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction.- (1) ransaction; (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner, (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any Information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The 'texas Heal Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out Instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Buyer, Seller, Landlord or Tenant y Date City of Beaumont Taxa4 Real Estate 6roROTS SW 5alaSWISons pre licensed and regulated by 111a Texas Real Emat9 00mmISSIOn (rREC). It yov have a quesllon or camptaint regarding a real esiate licen,©e, you should contact TREC at P.O. Box 12168, Austin, texas 78711.258$ , 512-836-3000 (hllpl/vNra ,uea.iexas.gav) Ik (TAR2501)10- f o-11 TREC No. OP -K IIAI whceler, 470 Orleans Street, ) 28t Floor Beaumont, TX 77701 Phone: 409-899-3300 Fax; 409-599-330I Erica Goss Smart St./Feriiita Praduced with ZlpFormtS' by zipLogix 16070 Fifteen haste Road, Ftasor, NlIcbigan 48020 w w�.ziot ottlx.ccm BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 10, 2015 1:30 P.M. AGENDA CALL TO ORDER * Invoc:ation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. l /Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving the award of a bid to LD Construction of Beaumont for the Delaware Street Asphalt Resurfacing Project — Phase I COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) 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. 11 February 10, 2015 Consider a resolution approving the award of a bid to LD Construction of Beaumont for the Delaware Street Asphalt Resurfacing Project — Phase I TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: February 10, 2015 REQUESTED ACTION: Council consider a resolution authorizing the award of a bid to LD Construction of Beaumont in the amount of $493,338.73 for the Delaware Street Asphalt Resurfacing Project — Phase I. BACKGROUND The section of Delaware Street from Dowlen Road to US 69 is a heavily traveled, four (4) lane roadway that provides access from the West End to US 69. The existing roadway has experienced numerous failures and after continual repair efforts now requires resurfacing to extend the life of the roadway. Phase I will provide an asphalt overlay from Dowlen Road to US 69. On Thursday, January 29, 2015, bids were solicited for furnishing all labor, materials, equipment and supplies for the iroject. Two (2) bids were received as follows: r Contractor iLocation Bid APAC _ Beaumont, Texas $815,229.85 LD Construction Beaumont, Texas $493,338.73 A total of 60 calendar days are allocated for the completion of the project. LD Construction is a Certified MBE/HUB company. FUNDING SOURCE Capital Improvements Program. RECOMMENDATION Approval of resolution. No Text RESOLUTION NO. WHEREAS, bids were solicited for a contract for the Delaware Street Asphalt Resurfacing Project - Phase I to include all labor, materials, equipment and supplies to provide an asphalt overlay of Delaware Street from Dowlen Road to US 69; and, WHEREAS, LD Construction, of Beaumont, Texas, submitted a bid in the amount of $493,338.73; and, WHEREAS, City Council is of the opinion that the bid submitted by LD Construction, of Beaumont, Texas, 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 bid submitted by LD Construction, of Beaumont, Texas, in the amount of $493,338.73 for a contract for the Delaware Street Asphalt Resurfacing Project - Phase I be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of February, 2015. - Mayor Becky Ames -