HomeMy WebLinkAboutRES 19-136RESOLUTION NO. 19-136
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Reimbursement
Agreement between the City of Beaumont and ExxonMobil Oil Corporation for the
construction of Van Buren Avenue and Fulton Avenue traffic control devices and
facilities for the benefit of City residents and other property owners. The Reimbursement
Agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
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 9th day of
July, 2019.
REIMBURSEMENT AGREEMENT
(Construction of Van Buren Avenue and Fulton Avenue Traffic Facilities)
This REIMBURSEMENT AGREEMENT is entered into between the City of Beaumont,
Texas, an incorporated municipality and Texas governmental entity ("the City") and
ExxonMobil Oil Corporation, a New York Corporation, ("the Company"), on , 2019.
RECITALS
A. The purpose of this Agreement is to set forth the terms and conditions upon
which the City will construct certain traffic control devices and facilities in Exhibit A (the
"Facilities") for the benefit of City residents and other property owners; and
B. To set forth the terms and conditions upon which the Company will provide
reimburse money to the City for such construction.
WHEREFORE, in consideration of the above recitals and other good and valuable
consideration, the parties hereby agree as set forth below.
1. Work to Be Performed. The City agrees that it shall conduct the engineering
work, design work, permitting, procurement of materials, construction, and cleanup activity
associated with the Facilities, as such is more fully reflected in the attached Exhibit A.
2. Reimbursement Money to Be Provided. The Company agrees that it will
reimburse, the City for actual direct and indirect costs incurred or $50,000.00, whichever
amount is less, for the Work to Be Performed as reflected above and in Exhibit A.
a. Method of Reimbursement. The, Company will reimburse the City in a
timely fashion as costs are incurred by the City and upon submission of documentation and
request by the City to the Company.
3. Permitting and Coordination. The City agrees to coordinate any permitting—
related or utility—related activity that may be required for the Work to Be Performed, as well
as securing any necessary rights of way or easements, if applicable.
4. Right of Termination. The City and the Company each reserve the right to
terminate this Agreement should any federal agency or any State of Texas agency or other
political subdivision take action that adversely affects the approval or completion of the Work
to Be Performed.
1
EXHIBIT "A"
5. Conformity with Labor and Safety Laws. The City agrees to carry on the Work
to Be Performed in a timely manner and in conformity with all applicable federal or state labor
and safety laws.
6. Entire Agreement. This Agreement contains the entire agreement and
understanding concerning the Work to Be Performed and its reimbursement. The Parties
acknowledge that neither the other party nor its agents nor attorneys have made any
promise, representation, or warranty whatsoever, express or implied, not contained herein to
induce the execution of this Agreement and acknowledge that this Agreement has not been
executed in reliance upon any promise, representation, or warranty not contained herein.
7. Amendment must be in Writing. This Agreement shall only be modified by a
writing signed by the Parties.
8. Venue for Resolving Disputes. Any arbitration or litigation arising out of this
Agreement shall be conducted only in Beaumont, Jefferson County, Texas.
9. Interpretation Guides. In interpreting this Agreement, it shall be deemed to have
been prepared by the Parties jointly and no ambiguity shall be resolved against either Party on
the premise that it or its attorneys was responsible for drafting this Agreement or any provision
hereof. The captions or headings set forth in this Agreement are for convenience only and in
no way define, limit, or describe the scope or intent or any Sections, Subsections, or
other provisions of this Agreement. Any reference in the Agreement to a Section or to a
Subsection, unless specified otherwise, shall be a reference to a Section or Subsection of this
Agreement.
10. Due Authority of Signatures. Each individual signing this Agreement warrants
and represents that he or she has been authorized by appropriate action of the Party which
he or she represents to enter into this Agreement on behalf of the Party.
11. Notices. All notices, demands, and communications between the Parties shall
be duly addressed as indicated below and given by personal delivery, registered or certified
mail (postage prepaid and return receipt requested), Federal Express or other reliable private
express delivery, or by electronic mail transmission with confirmation by the other Party.
Such notices, demands, or communications shall be deemed received (i) upon deliver if
personally served or sent by email, or (ii) after three business days if given or sent by
any other approved manner specified above. Any Party to this Agreement may change its
below—specified name, address, email, or person to whom attention should be directed by giving
notice as specified in this Section. A copy of any notice, demand, or communication sent to
City pursuant to this Agreement shall be sent to the City's legal counsel. Notices, demands,
and communications shall be duly addressed and sent as follows:
RA
To the City:
Tyrone E. Cooper, City Attorney
801 Main Street
Beaumont, TX 77701
(409) 880-3715
Tyrone.Cooper@BeaumontTexas.gov
To the Company:
Stephen R. Foster, Refinery Attorney
1795 Burt Street
Beaumont, TX 77701
(409) 240-3493
Stephen.R.Foster@ExxonMobil.com
12. Texas Law Governs. This Agreement and all rights and obligations arising out
of it shall be construed in accordance with the laws of the State of Texas.
13. Counterparts. This Agreement may be signed in one or more counterparts;
which, taken together, shall constitute one original document.
14. Exhibits. All Exhibits attached hereto or referenced herein are incorporated into
this Agreement.
15. Effective Date. This Agreement shall be effective as of the date noted on page
one (1) of this Agreement.
IN WITNESS WHEREOF, the undersigned execute this Agreement on behalf of the
Parties.
3
CITY:
THE CITY OF BEAUMONT
By:
Name:
Title:
ATTEST:
COMPANY:
EXXONMOBIL OIL CORPORATION
go
Name:
Title:
ATTEST:
Exhibit A
roMErrokm
Y C Tam
4� PNM®YHIOW \`
c
W J
SDAILARTO EYJSTINO CLOSURE AT
N MAJOR DRIVE AND SCENIC DRIVE, ` --(l,
in z w
,�,`�� `�j •r:':'j
�w'j
mpcn�cm�munEasr
I 4wmuw � _ >r p•
GQW iQ N
ILI
' PLAN VIE9P
�_=
OyO
p• pL
Ao
BEAUMONT
�wn.�uec }mwmoxmir
Rp¢IIWaTItlQ M'�1f10Rg1 6CM'NCUfAT QOG
001➢W WI�BN06WIBU6m10
MEDIAN DETAIL CURB DEI'AiL