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HomeMy WebLinkAboutRES 17-174RESOLUTION NO. 17-174 WHEREAS, the City of Beaumont is in support of efforts for the continued utilization and enhancement of the Cattail Marsh Wetlands Area located within Tyrrell Park; and, WHEREAS, the Magnolia Garden Club desires to construct a new educational observation facility overlooking the Cattail Marsh Wetlands Area; and, WHEREAS, the parties hereto deem it to be in their mutual interests to cooperate in the development of an educational observation facility overlooking the Wetlands Area; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of Beaumont to enter into a Development Agreement between the City of Beaumont and Magnolia Garden Club for the construction of an educational observation facility designating the Garden Club as the Project Developer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a Development Agreement between the City of Beaumont and Magnolia Garden Club for the development of an educational observation facility overlooking Cattail Marsh Wetlands Area located within Tyrrell Park. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of August, 2017. I yor Becky STATE OF TEXAS § COUNTY OF JEFFERSON § DEVELOPMENT AGREEMENT This Development Agreement is entered into this the day of , 2017, by and between the City of Beaumont, a municipal corporation of the State of Texas (hereinafter referred to as "City"), and the Magnolia Garden Club, a nonprofit corporation of the State of Texas (hereinafter referred to as "Garden Club") WITNESSETH: WHEREAS, the City of Beaumont is in support of efforts for the continued utilization and enhancement of the Cattail Marsh Wetlands Area located within Tyrrell Park; and WHEREAS, the Magnolia Garden Club desires to construct a new educational observation facility overlooking the Cattail Marsh Wetlands Area; and WHEREAS, the parties hereto deem it to be in their mutual interests to cooperate in the development of an educational observation facility overlooking the Wetlands Area; ACCORDINGLY, the City hereby determines that the public interest can best be served by the execution of this Development Agreement with the Garden Club, including a designation that the Garden Club is the Project Developer; and WHEREAS, the City has property designated and available in the parking area adjacent to the entrance to Cattail Marsh and wishes to allow the Garden Club to use the property for the purposes of the construction of an educational observation facility; Page 1 of 3 EXHIBIT "A" NOW, THEREFORE, IN CONSIDERATION of the mutual promises herein contained and with successful project implementation being the common objective, City and Garden Club agree as follows: 1. Garden Club Commitments: Garden Club, at its sole cost and expense, agrees to construct and complete an educational observation building which will contain approximately sixteen hundred (1,600) square feet of total area, which includes a ten foot (10') perimeter balcony deck and 400 square feet of interior classroom space under roof. Garden Club will retain the services of a reputable bonded and insured contractor to construct the facility in accordance with all laws and ordinances applicable to such construction. 2. The plans and specifications for the project shall be subject to the approval of the City Manager of City or his designee. 3. The construction is planned to commence in September of 2017, with an estimated construction period of four (4) months. 4. Upon completion of the structure, Garden Club agrees to execute all documents necessary to make a donation or gift of the educational facilities to the City for acceptance. Garden Club will be acknowledged by City for its donation and contribution to the enhancement of Cattail Marsh. 5. From and after the time of donation, the new building will be owned and maintained by the City of Beaumont. 6. The building will be utilized by the Convention and Visitors Bureau and the Water Utilities Department of City to help promote the Wetlands and will be made Page 2 of 3 available to local school districts and civic groups for various educational purposes related to eco -tourism and birding. 7. This Agreement and its terms and conditions are performable in Jefferson County, Texas. Venue of any litigation arising hereunder shall lie in Jefferson County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the day and year above first written. CITY OF BEAUMONT as Kyle Hayes, City Manager MAGNOLIA GARDEN CLUB By: President Page 3 of 3 STATE OF TEXAS § COUNTY OF JEFFERSON § DEVELOPMENT AGREEMENT This Development Agreement is entered into this the A9' /3-20t7day of , 2017, by and between the City of Beaumont, a municipal corporation of the State of Texas (hereinafter referred to as "City"), and the Magnolia Garden Club, a nonprofit corporation of the State of Texas (hereinafter referred to as "Garden Club") WITNESSETH: WHEREAS, the City of Beaumont is in support of efforts for the continued utilization and enhancement of the Cattail Marsh Wetlands Area located within Tyrrell Park; and WHEREAS, the Magnolia Garden Club desires to construct a new educational observation facility overlooking the Cattail Marsh Wetlands Area; and WHEREAS, the parties hereto deem it to be in their mutual interests to cooperate in the development of an educational observation facility overlooking the Wetlands Area; ACCORDINGLY, the City hereby determines that the public interest can best be served by the execution of this Development Agreement with the Garden Club, including a designation that the Garden Club is the Project Developer; and WHEREAS, the City has property designated and available in the parking area adjacent to the entrance to Cattail Marsh and wishes to allow the Garden Club to use the property for the purposes of the construction of an educational observation facility; Page 1 of 3 EXHIBIT "A" I available to local school districts and civic groups for various educational purposes related to eco-tourism and birding. 7. This Agreement and its terms and conditions are performable in Jefferson County, Texas. Venue of any litigation arising hereunder shall lie in Jefferson County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the day and year above first written. CITY OF BEAUMONT By: Kyle Hayes, City Manager Oo-13-11 MAGNOLIA GARDEN CLUB By: President Page 3 of 3 G1 TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: August 22, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Development Agreement with the Magnolia Garden Club related to the construction of an educational observation building overlooking the Cattail Marsh Wetlands Area BACKGROUND The Magnolia Garden Club, a non-profit corporation of the State of Texas, has contracted with Daniels Construction of Beaumont to construct an educational observation building with approximately 1600 sq. ft. of total area, which includes 400 sq. ft. of interior classroom space under roof. The construction is planned to commence in September of 2017, with an estimated construction period of four months. Upon completion of the structure, the Garden Club will execute all documents necessary to make a donation or gift of the building to the City for acceptance. The building will be utilized by the CVB and the Water Utilities Department to help promote the Wetlands, ecotourism and birding. RECOMMENDATION Approval of the resolution. N RESOLUTION NO. WHEREAS, the City of Beaumont is in support of efforts for the continued utilization and enhancement of the Cattail Marsh Wetlands Area located within Tyrrell Park; and, WHEREAS, the Magnolia Garden Club desires to construct a new educational observation facility overlooking the Cattail Marsh Wetlands Area; and, WHEREAS, the parties hereto deem it to be in their mutual interests to cooperate in the development of an educational observation facility overlooking the Wetlands Area; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of Beaumont to enter into a Development Agreement between the City of Beaumont and Magnolia Garden Club for the construction of an educational observation facility designating the Garden Club as the Project Developer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a Development Agreement between the City of Beaumont and Magnolia Garden Club for the development of an educational observation facility overlooking Cattail Marsh Wetlands Area located within Tyrrell Park. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of August, 2017. - Mayor Becky Ames -