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HomeMy WebLinkAboutRES 20-056RESOLUTION NO. 20-056 WHEREAS, the City of Beaumont, Texas has requested that DCP Operating Company,. LP grant one (1) 30' wide non-exclusive access license, being a 1.105 acre tract of land situated in the Marcelo Grange League, Abstract No. 26, Jefferson County, Texas, to the City of Beaumont for the ingress and egress of vehicles and equipment to be used for access to a 600 acre city -owned property located off Erie Street. The Access License is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, WHEREAS, the City Council has considered the execution of said non-exclusive access license and is of the opinion that said non-exclusive access license is necessary and the same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute one (1) 30' wide non-exclusive access license, as described above, with DCP Operating Company, LP. 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 17th day of March, 2020. fflu wouto � llirwr Becky Ames Notice of confidentiality rights; if you are a natural person, you may remove or strike any of the following information from the instrument before it is filed for record in the public records: your social security number or your driver's license number. ACCESS LICENSE STATE OF TEXAS COUNTY OF JEFFERSON THIS LICENSE made and entered into this day of , 2020, by and between DCP Operating Company, LP, a Delaware limited partnership ("Licensor") and the City of Beaumont, a municipal corporation ("Licensee"). RECITALS WHEREAS, Licensor owns and controls certain real property in Jefferson County, Texas of approximately 7.358 acres, more or less, set forth in Exhibit "A" attached hereto and incorporated herein ("Licensor's Property"). WHEREAS, Licensee owns and controls certain real property in Jefferson County, Texas of approximately 2,183.50 acres more or less, set forth in Exhibit "A" (Licensee's Property'); WHEREAS, Licensee has proposed that the Licensor grant a limited access road license over and across Licensor's Property thirty feet (30') in width, as set depicted in Exhibit "A" and as described in Exhibit "B" attached hereto and incorporated herein (the "Access License Area") for the purpose of ingress and egress of vehicles and equipment to be used for access between Licensee's Property and Erie Street. WHEREAS, the Parties have determined that it is to their mutual benefit to enter into an agreement whereby the Licensor grants to Licensee a non-exclusive, access road license over the Property subject to the terms and conditions set forth herein. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Grant of License. Licensor hereby agrees to grant to Licensee a non-exclusive license across Licensor's Property, within the Access License Area, for as long as Licensee continues to need the license for access to Licensee's Property, subject to the terms and conditions herein. -2. Use of the Access License Area. It is understood and agreed that Licensee's use of the Access License Area shall be solely for operation of a private vehicular roadway which will allow access to Licensee's Property. For clarity, the Access License Area is not to be used as a public road. There shall be no storage of any sort of equipment or supplies, or EXHIBIT "A" pipe, nor parking of any vehicles on the Property or Access License Area. The Parties understand and agree that this Access License is granted for the sole use and benefit of Licensee, and its agricultural tenant, and shall not be deemed to run with the Property or any portion thereof. Prohibited Use. Licensee shall not permit its employees, agents, contractors, invitees, tenant or representatives to (i) possess firearms on Licensor's Property or the Access License Area (except for dispatched uniformed law enforcement officers), (ii) use, possess, .sell, distribute, or be under the influence of illicit or unprescribed controlled drugs or alcohol on Licensor's Property or the Access License Area, (iii) vandalize or damage the Property, Access License Area or property of third parties, or (iv) litter or leave trash and debris on the Property or Access License Area. 4. Rights Reserved. The rights granted herein are not exclusive, and Licensor reserves for itself its successors and assigns the right to occupy and use Licensor's Property and the Access License Area and grant others the right to use and occupy the Access License Area described herein, provided that those uses do not unreasonably interfere with the rights granted herein. This license is made subject to all applicable laws, ordinances, easements, leases, restrictions, reservations, uses or covenants, either of record or evidenced by improvements upon the ground and to the extent same are in force. Ongoing Improvements, Maintenance and Repair. During the term of this Agreement, Licensee shall perform, or cause to be performed, improvements, maintenance and/or repairs as necessary to maintain the Access License Area in a neat, clean, sanitary and safe condition, except for damages caused by Licensor or its invitees. It is understood and agreed that Licensee's maintenance and repair obligations pursuant to this Section 5 shall remain in full force and effect until the effective date of any termination of this Agreement in order to ensure that, subsequent to termination the Access License Area is returned to Licensor in a neat, clean, sanitary and safe condition. If it is determined, in Licensor's sole discretion, that the condition of the Access License Area at the time of termination of this Agreement impacts Licensor's current or future use of the Access License Area or Licensor's Property, Licensee shall ensure that the Access License Area is returned to its pre -access condition within a reasonable amount of time after the date of such termination, including but not limited to leveling, reseeding and fertilization of same whereby grass ground cover is of the same type and condition as prior to access by Licensee. 6. Insurance. Licensee will obtain and maintain policies of insurance of such kinds and in such amounts as reasonably required to protect the Licensor from claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings), related to, arising from, or alleged to have arisen from, the construction, maintenance, repair, operation or utilization of the Access License Area by Licensee, its officers, officials, contractors or agents or invitees. For purposes of this Agreement Licensee shall, at a minimum, obtain and maintain commercial general liability insurance withpolicy limits of not less than $1,000,000 per occurrence / $2,000,000 annual aggregate which coverage shall designate the Licensor as an additional insured. On or before the effective date of this Agreement, Licensee will provide to the Licensor 2 certificates of insurance as the Licensor may reasonably specify confirming coverage as required and the inclusion of the Licensor as an additional insured. At least 30 days prior to any material changes in forms or amounts of coverage or any change in carriers providing such coverage, Licensee shall provide written notification to Licensor of such change. Notwithstanding the foregoing, Licensee may self -insure its insurance obligations set forth in this Section 6. 7. Indemnification. To the extent permitted by law, Licensee shall defend, indemnify and hold harmless Licensor, their agents, officers, officials and employees from and against any and all claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings), related to, arising from, or alleged to have arisen from, the utilization of the Access License Area by Licensee, its officers, officials, contractors, agents, tenant, or invitees. 8. Term of Agreement. The initial term of this Agreement shall commence on March_, 2020, and shall remain in effect for ten (10) years (the "Initial Term"). The term of this Agreement shall automatically renew at the end of the Initial Tenn for successive one year terms (each, a "Renewal Term") so long as Licensee continues to use the Access License Area for the purposes contained herein or the earlier of (i) such time as either Party delivers a written notice of its intent not to renew at least one hundred eighty (180) days prior to the end of the Primary Term or any Renewal Term and (ii) earlier terminated pursuant to Section 9 below. .9. Termination. This Agreement may be terminated by Licensor in its sole discretion if (i) Licensee is in breach of any of the terms and conditions contained herein, (ii) Licensee abandons the Access License Area by non-use for more than three hundred sixty-five (365) days, or (iii) Licensee obtains alternate access to Licensee's Property. 10. Amendment. This Agreement may be amended, modified, terminated or cancelled, in whole or in part, only by the agreement of the Parties hereto and their successors or assigns. No such amendment, modification, termination or cancellation shall be effective until a written instrument setting forth its terms has been executed. 11. Governing Law. This Agreement, including any claim or dispute arising hereunder shall be governed by the laws of the State of Texas and any claims arising therefrom shall be exclusive in a court of competent jurisdiction physically located in Jefferson County, Texas. 12.. Authority. Each party warrants and represents that it has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of each has been property authorized and empowered to enter this Agreement. 13. Assignment. This Agreement may not be assigned by Licensee. 14. Notices. Notices to be sent pursuant to this Agreement shall be. sent by certified mail, postage prepaid to the following addresses: 3 Licensor DCP Operating Company, LP Attn: Right of Way Department 5718 Westheimer Road, Suite 1900 Houston, Texas 77057 Licensee City of Beaumont Attn: Kyle Hayes P.O. Box 3827 Beaumont, Texas 77704 15: Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter thereof. No modifications to the terms and conditions of the Agreement shall be binding upon the Parties unless evidenced by. a supplemental or substitute agreement in writing signed by the Parties. 16. Counterparts. This license may be executed in counterparts, but which together shall constitute one and the same instrument [signature pages follow] 4 IN WITNESS WHEREOF, the Parties have caused this instrument to be executed and effective as of the date first above written. Licensor: DCP Operating Company, LP a Delaware limited partnership By: Mike Patton, Attorney -in -Fact STATE OF TEXAS ) COUNTY OF This instrument was signed and acknowledged before me, the undersigned authority, on this day by Mike Patton as Attorney -in -Fact, of DCP OPERATING COMPANY, LP, as the act of the company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , -2020. Notary Public, State of Texas 5 Licensee: City of Beaumont a Municipal Corporation By: Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON This instrument was signed and acknowledged before me, the undersigned authority, on this day by as of The City of Beaumont, as the act of the corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2020. Notary Public, State of Texas Exhibit A Licensee's Property, Licensor's Property and Access License Area EX:MIFF. 1LiD5:Acre-Nbn;Exclusllve!301 Access:Llcense,Areal 0" 1M' 200; 40W Scale: it=200•. rFJif UAI+ r+ Trulecu1�c M i`• Fndd—' I: Pipe O1GoT3a4!16eoE. r Vicinilydvlap O EXISgnO tJoldoScata � RooRRaadi iiilll �i i II J IIII � II Delalll"A" NofloScale ChrisllemH111ebmndL Frank E. Glaze, LoLlWadilkin:Deed! RohedzElherhWalkeq, eb 0.99•Aore, Residue of Callad�84t2•acres• Sr. C.F. No:2005032227 Volume 62ip.ageA94 Called5.4Acres O:P;RiJiC: D:R:J,G. Film Code NoA03:244862' fO a I , A019;A6', O:PiR'.J:C: Set518"11Rodi di u11 Q� ^ti1 1 v:lcapslampadi �11 QOQmcPov.ZP I "LJA'ENG:T.ePLS l POB'L p4 - eo hLO Gr j N0:10405600, alll Fndalr i I If Rod: o, �. O: 1, It Red: HTL'13r L Grz Lgz- L101 L dl I P. • I4� an9.e1'eague' l Marcelo,GTcYNQ•26r Apstra .. a»,a l':' Com an LP' 31 &CY DCR Op SAG2': • P Y g'.zOtt 5.902+Acrea N'v'ti 19 C. F. No:.2007022335, E o) " 0 Fir J:C. U3V m� LlcensodsProperty: 0 Z z w: dil a 1. Z ,ia,I: Rb NN+ d: s1 kbs� � No 2ayl it Survevar's Certification C_E Nc:2007022333i O:P:R:J.C. V censods,Property+ 30!'1Vid- Non-Exclusivc'Acccss- License-Areal D.1D5:Acre 43135:53 Sgf.Fccb RoberbElbertWelker; Sr. 7:3511 Acres C: F. No. 20000460613' OiP:R:J:G. Set.518' 11 Rod) vJlcap stampede I "LJA=PNG.TBRLS: 30; 0! v' NOT, 32!48"IN1130i00'' NOr10i056000" Fnd 510"' NO 32487' It Rodi 335594,` (Bent). CItK;al:Beaumonu Called21 a5;50 °Acres: Film Code No:103;03A25Bs O:P:R:J':CL Li censee!s;Prepertyi The; undersigped!doesdiereby-cerLify, Ihatilhfs survay plat accurately. represents an, om the, gmun&survay, madetindermy: dried, supeMslon. on,ApriP5;, 201T andiIs.beingrsubmidediafnngwAlhilho survayols-0eldl nclo•doscripllan•efi111e propenyshovm,hereoni,vArich• lies in0elferson County, Taxes, Line Tlabie' Abbseviadons: r. lron� No. Number POC. PoWtoBCommencemenh POB: Pieln6ofBeglmzing; POTi Polal.ofTemtlhollbn Vall Volume. Rol Page G..F. Clerk'sFlle: O:P!R:J:C. Officlal'Publlc Records of JeffersoniCountyr MRWJ.C. Deed;Records ofUefferson. County. 1 Notes: AII;Bearings•are!basedf upondhaiToxas: Coordinate; System. of 198% (2a11);, SatfiNCenlraPZone.'420-P (US..Sur. ey4' Foot)i Allidistancemandiacreages are+ surface With,al comblhedl adjustment. rector. afi1L00007 epplledi Submldingl Informal ton:. City.otMLouman4' Beaumont: Texas- 77,704, Attm- Anlolnelte Hardyi SIIe!Address: 8030,Ede:Sh Beaumont; Texas, 77,705• 30" MA Y-S Nl01r-,EXeLU►S7iVE: AG.CE:SS 1: MOMjIkSS AREA GUM OF ©'CE` OPERtATtIJUGa C011WRANY,, L MU Ti RE! M ' 'Cfli.O, GRAN;G:EP LE'AG+UIE: JIEEFE'R'S;O:Ml E013Ii1LTilF'n TEMA-S: FEBRUARY27 2020' JOB440r B04&1039 L'JiAiSUIMEMIMG„INC., _ . r, 2615;Calder Ave; Sul:e500• Tel: 409,8330363, Beaumont, Texas-77702: Fax:*409:033MW, TBPLS Firm-N.. 10105600 Exhibit B Access License Area Description ZA 2615,Calder.Avenue,.Suite500,.Beaumon a as , t„T x 77702• LJ SURi V YING% t 404833:3363` t 40.9.`833.0817A LJASURUEI!oom, TBPL&I010S60& Page b of2' February 27; 202D Siuveyor's.Field Note Description,.: 3 Moot wider NoiL Eiccliisive-Access: T.icense. Area, REMG'm L105, acre, (48.135•.83scluarc,Ect))off'aadout .ofthat certain D.CP`OperatingCompany,,L..P:.call'ed0 7:358? acre: tract of land;, mole fia*I d'esuibedl andrecorded in CieiV s.FileNb: _200702233& and that certain D.CR Operating; Cen patsy;, LP' called 5482' acre tract of land;, more: fully dbseribed' and recorded iim CPevlt''s FITvN.o:.200702233'5ofthe-OfficiallPublie1Zecord's.ofJ'eRerson:County;,Texas. Said L.105acre(41913tS,.88 s.duare:feet);of1'and beiisg situatedDinsthe IV =elbiGiange:L.eague,,Af stLactNo,. 26; Jefferson; County;. Tesas;. BE'GIINNING:' at a 1/2 inch ft, om ro dfound at the Soutl east corner of said D.CP T35- & acre: t rac%, same tieing the Northeast comfier of that certain, Roberb Elberb Walker, Si;: called 7.369 acre: tract of land;, niore- fully- described) and, recorded,in, Clerk's. File No.. 2000.0446068: of said. Official Pulili:c Records- and' being in, the West Iine of that certain Robert Elbert Wallter•,. Si. called' &D acw tract of land,; moves fully, described and reeordediihFi"— CodbNoa.108'�94?B8'62,ofsaid!OM-cia11Pubhc!Reoerds; THENCE South. 86deg,.3'0''-min:.56.see., West along,and! wfa the South line- of said,DCP'7:35$.acre tract, same: being, tbej North line off said Walkev 7.358,acre• tract, a distance of 954.58- feet toy a 519., inch, iron trod found (benb))at.the Southwest comer ofsaidIMP T3,58 acre tract ,saine.beingthe Nortlitivest.corneuof said Walker 7535& acre tract. ands being, in die.East line of that certain City of Beaumont calTedi 21`8150) acre tract of1'and;.nioiefutilydescribedand) ecordedin,FfIhICodeNot.L0343-025&of'saidlOfficialPabXc-Reeord's;, T ' �•' 'CE. North 03 d'eg 3+2' nuh-. 48' sec:. West al'dng andlwith the West line of said DCP 7.358 acne- tract„ - saine. being tlieBast line of said 2183.50?acre tract,, aidistance. of 30t00) feet to; apoimt; fov=coiner, hbth& West line ofsai(IMP'7.359acrearact,.,same-being the East am-ofsaid2183,50,'acre tractfronnwhich a!5%8)fuch irony rod, with, eap+ stamped "LJ)AI. ENG:. T BPL,S. NO°: U011056000 " set for reference in: th, a West.'fine of said DCP` 7:3581 acre tract, sane being: the East line of said' 21i8150' acire: tracd, bears: North 03t deg. 32. ink 49 sec. West„ aidistance, of30z.0:0�feet;, THEM N.CE: North 86deg , 30., nun,. 56'sce.. East a.distance.of 924.63 feet to3mpoint fou corner at an el!U comer; THENCE' in- m Northwesterly direction -the following,. courses: and! distances: North.03,deg:2'6naim 57'sec. Wesbadistance-of4R29'feet ta,aipoint for. cornei;. Nei& 0`l* deg. 09, m. Lm 4& see:. West a distance of D57.05 feet toy a, point foil. comfier;. NottAOR deg., 08,nun...4.6)see, West at a:distance:of99MI-feet toompassTff'eNbAhIi'iae:ofsaidl7:359, acre: tract;, smue: being, tlic� S.butli+line of said 5%482. acre tract,, contianuiig iiv a10 a total+ distance of 9%94feet to:•aipoint for.corner; Nbrtl'i: 03 d'eg. 02 niin:, 02, sec. West a, distmxee of `1109t 0..41feet.t& a. point. for comfier;: North- Oil deg..28min: 2&,sec. Wes6adi'stance of22.115,feett&aipointfor corner;, North, Ud'eg..55nun: 45)see. West a, di'stance.0211o2.59'feettoiaspoint.fbi*comer in;the:Novt—hEke of said 5.48,2. acre tract and Abstract No: 26y: same beingy the South. line, of that certain Centana, Iiihlastete P'ipchne•Company.• called 25.00118;acre tracb,,more-f ,I,Fy d, bscutiedancflrecordiedliaiClerk's Fiib-Nb.974;074)0)ofsaid.Of cialPublic,Records.and! saidAbstractNb:45,: 'FIMPNEE:Nortl 8& dbg. 34 mih, M see: East aI'ong and with,; the Nortl lfne of said 5, 482acre tract and Abstract No-, 26;same being the- South, line of'said 15.001& acre tract and Abstract Not. 45; a: distance of 30foot widd Albn-Exclbsive At, cess: License. Axee, Februaiy 27, 2020! Page, 2' 31151 feet to, to point for coi ev,; from, which a 2"'iron;pipe found) for tire Southeast coniev of said( B5.00181 acre'tract and tllisttactNo:45.,same- being— a Southwest corner. of-the•John A. VeatchSbrvey; Abstract Nb:. 55,.. bears,Nortlia 86, dog: 341 Hain: 116,see: East,, a distance of 10t43: feet THENCE Soutli> 13+ deg. 55 nmfiL 45, sec: East a, distance of 21@ 30],feet to: to point for comer ih, the. East line of•said 5A182 acre tract, same being the: Soutl west com-ev off- that certaip, DCP' Operating. Oblupany; LP, called 1.O:Oj acre: tract,, more RaRl �, d'escribedi and recorded! in, C.E. No: 7011203311i7• of sa4 Offciab Pub& Record§ . andisaine beiug.all ell) cotmler in the West line• of; the residue of -that certaim Cbvistiaim;ETllbbjlandb called! 8412 acre, tract„ more fi ly dbsctalbedi as, Lot 1' in, a Pautit one Deed d ii recorded' Volume, 62' , Page 494, ofthe. Deed Records) of Jeffevsojl. County.;, Texas;. THENCE. South O;II deg: 28'nnin, 2& see. East albng and witilV the�East Hhe• of said 5.482 acre tract,. same being a: West liiae of s afth ires idim of called184.2 acre: tract a,distanec of 25.01 feet to,a.point.for collier at the. Northwest corner of said that certain Fianlc R Glhz eall'ed 0' 99' acre tract of'land; more fiilly d -a s cr ibcd, and recorded iu C.E.No; 20060322,27 of said! OfEcial, Pubhc Records;, same being all. ell coiner, fil: the: West line of said!resi'due. of.call'ed 84.2 acre; tract; THENCE South, 03'. dbg. 02 mini 02, sec. East. along and with,; the East line o£ said 5:4S2 acre tract, salnie being the West line ofsaid O199� acre tract, a, distance of 108t6di feet to, a, point for.corner. at the Southeast cornet- of said 5AM' acre h,act;, satn�c being, the Nortlieast corner of said 7'.3',59 acre tract;: THENCE, South 00 deg. 0& iniiL 46• sec East albno and' w-16 the Ehst lime of said 7:368' acre tract,see lbeiing. the Vest line of said, O 9, acre tract, a+ distance of 99t54 feet to, a 1/2, inch iron, rod found at the Southwest comer, of said 0199, acre tract,, same bcing-. an; ell) comer itr the. West line of said residue of caded1 84:2 acre tract; T = , , NACE. South,04 deg. 09 ini;n: 48! sec.. East along and! with; the East lbie of said 7.358: acre. tract, saine being. a West line of said residue, ofcallbd 842 acre tract,, a: distance.of 156M., feet to a point for corner at the. Sbutliwest corner of said residue: of called 84.2, acne tract„ same being the Northwest corner of said 5.01 acre tract;, `FE ENCE'. Sbutli, B dbg; 26 min. 57 sec. East along, and witl • the East line' of'said 7:358 acre track, same being.the West lhne of said 5 0=acre tract,, at ai distance of 19).4.6feetpasssa 5/gtnchikon,rod" with cap,stamped "LJIA > NG, TB'.PLS NO..10;105600" set for reference;continuing on: for a, total distance- of 79t46,feet to: the PL• A,CK OF BEGDRDWWG, co ntailbing 1.106, acres. (48135, 83'• square feet)) of lands; moreor less:. (�Tl.i,v,&vcripden is bayed -upon! asurvey niacle ozz. the giroirttd`tr�7der my d �:ect.srrpe�;r�isibz! ora �px l SMIT aiidli behigsubnzitted'alongYAiti&a,siIrvgp[at shviviii thepropet.-tyaitdfactsfatnzcl'as.drsctibec%/fenei71: All'bewAngs, are based9ipon ti e R-ras Coordinate System of 1953�(CORAS)l Sbuffil•Cenlral' ne `4204 (US, Shrvey foot),i flMd1m7nees anebacivages are-suip-ce witFi; a conibiiied ad zistnzeiilfactor,of l 0000.7'applied)! / ............ v;1' i;IST .� Regi"ProfessionaDLand!S:nvveyor ...:�.., i WESLEYMY,LE.MA'XEY' ........................... 6536i N Tyr re11, All ' " � ,Henry Liam, e4,gt MunleipaiPGolf a. ILI r 11 Cattali Marsh Scenic, Geil nds & BoardtM flk' 1 A .•. ' � .. a .� *S Iv r ' f I _ ,' � � Coastal,Ceverns:Bgrii 'Pisposal and storm Golden Trlangie- Gun Club �� r -- ---' r j -- / 11 4 '; '4 a, r. 4 , ' I a i; dcp Mld'strearn West, Q Beaumont Gas PCant ,- 4 IL. I . t x 0 = EAS Notice of confidentiality rights; if you are a natural person, you may remove or strike any of the following information from the instrument before it is filed for record in the public records: your social security number or your driver's license number. ACCESS LICENSE STATE OF TEXAS COUNTY OF JEFFERSON THIS LICENSE made and entered into this l g day.of /A 4 -1f'Gk 2020, by and between DCP Operating Company, LP, a Delaware limited partnership ("Licensor")_ and the City of Beaumont, a municipal corporation ("Licensee"). RECITALS WHEREAS, Licensor owns and controls certain real property in Jefferson County, Texas of approximately 7.358 acres, more or less, set forth in Exhibit "A" attached Hereto and incorporated herein ("Licensor's Property"). WHEREAS, Licensee owns and controls certain real property in Jefferson County, Texas of approximately 2,183.50 acres more or less, set forth in Exhibit "A" ("Licensee's Property"); WHEREAS, Licensee has proposed that the Licensor grant a limited access road license over and across Licensor's Property thirty feet (30') in width, as set depicted in Exhibit "A" and as described in Exhibit "B" attached hereto and incorporated herein (the "Access License Area") for the purpose of ingress and egress of vehicles and equipment to be used for access between Licensee's Property and Erie Street. WHEREAS, the Parties have determined that it is to their mutual benefit to enter into an agreement whereby the Licensor grants to Licensee a non-exclusive, access road license over the Property subject to the terms and conditions set forth herein. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Grant of License. Licensor hereby agrees to grant to Licensee a non-exclusive license across Licensor's Property, within the Access License Area, for as long as Licensee continues to need the license for access to Licensee's Property, subject to the .terms and conditions herein. 2. Use of the Access License Area. It is understood and agreed that Licensee's use of the Access License Area shall be solely for operation of a private vehicular roadway which will allow access to Licensee's Property. For clarity, the Access License Area is not to be used as a public road. There shall be no storage of any sort of equipment or supplies, or pipe, nor parking of any vehicles on the Property or Access License Area. The Parties understand and agree that this Access License is granted for the sole use and benefit of Licensee, and its agricultural tenant, and shall not be deemed to run with the Property or any portion thereof. 3. Prohibited Use. Licensee shall not permit its employees, agents, contractors, invitees, tenant or representatives to (i) possess firearms on Licensor's Property or the Access License Area (except for dispatched uniformed law enforcement officers), (ii) use; possess, sell, distribute, or be under the influence of illicit or unprescribed controlled drugs or alcohol on Licensor's Property or the Access License Area, (iii) vandalize or damage the Property, Access License Area or property of third parties, or (iv) litter or leave"trash and debris on the Property or Access License Area. 4. Rights Reserved. The rights granted herein are not exclusive, and Licensor reserves for itself its successors and assigns the right to occupy and use Licensor's Property and the Access License Area and grant others the right to use and occupy the Access License Area described herein, provided that those uses do not unreasonably interfere with the rights granted herein. This license is made subject to all applicable laws, ordinances, easements, leases, restrictions, reservations, uses or covenants, either of record or evidenced by improvements upon the ground and to the extent same are in force. 5. Ongoing Improvements, Maintenance and Repair. During the term of this Agreement, Licensee shall perform, or cause to be performed, improvements, maintenance and/or repairs as necessary to maintain the Access License Area in a neat, clean, sanitary and safe condition, except for damages caused by Licensor or its invitees. It is understood and agreed that Licensee's maintenance and repair obligations pursuant to this Section 5 shall remain in full force and effect until the effective date of any termination of this Agreement in order to ensure that, subsequent to termination the Access License Area is returned to Licensor in a neat, clean, sanitary and safe condition. If it is determined, in Licensor's sole discretion, that the condition of the Access License Area at the time of termination of this Agreement impacts Licensor's current or future use of the Access License Area or Licensor's Property, Licensee shall ensure that the Access License Area is returned to its pre -access condition within a reasonable amount of time after the date of such termination, including but not limited to leveling, reseeding and fertilization of same whereby grass ground cover is of the same type and condition as prior to access by Licensee. 6. Insurance. Licensee will obtain and maintain policies of insurance of such kinds and in such amounts as reasonably required to protect the Licensor from claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings), related to, arising from, or alleged to have arisen from, the construction, maintenance, repair, operation or utilization of the Access License Area by Licensee, its officers, officials, contractors or agents or invitees. For purposes of this Agreement Licensee shall, at a minimum, obtain and maintain commercial general liability insurance with policy limits of not less than $1,000,000 per occurrence / $2,000,000 annual aggregate which coverage shall designate the Licensor as an additional insured. On or before the effective date of this Agreement, Licensee will provide to the Licensor 2 certificates of insurance as the Licensor may reasonably specify confirming coverage as required and the inclusion of the Licensor as an additional insured. At least 30 days prior to any material changes in forms or amounts of coverage or any change in carriers providing such coverage, Licensee shall provide written notification to Licensor of such change. Notwithstanding the foregoing, Licensee may self -insure its insurancc•obligations set forth in this Section 6. 7. Indemnification. To the extent permitted by law, Licensee shall defend, indemnify and hold harmless Licensor, their agents, officers, officials and employees from and against any and all claims, damages, losses and expenses (including but not limited to attorney fees, court costs acid the cost of appellate proceedings), related to, arising from, or alleged to have arisen from, the utilization of the Access License Area by Licensee, its officers, officials, contractors, agents, tenant, or invitees. 8. 'Perm of Agreement. The initial term of this Agreement shall commence on March_, 2020, and shall remain in effect for ten (10) years (the "Initial Term')., The term of this Agreement shall automatically renew at the end of the Initial Term for successive one year terms (each, a "Renewal Term") so long as Licensee continues to use the Access License Area for the purposes contained herein or the earlier of (i) such time as either Party delivers a written notice of its intent not to renew at least one hundred eighty (180) days prior to the end of the Primary Term or any Renewal Term and (ii) earlier terminated pursuant to Section 9 below. 9. Termination. This Agreement may be terminated by Licensor in its sole discretion if (i) Licensee is in breach of any of the terms and conditions contained herein, (ii) Licensee abandons the Access License Area by non-use for more than three hundred sixty-five (365) days, or (iii) Licensee obtains alternate access to Licensee's Property. 10. Amendment. This Agreement may be amended, modified, terminated or cancelled, in whole or in part, only by the agreement of the Parties hereto and their successors or assigns. No such amendment, modification, termination or cancellation shall be effective until a written instrument setting forth its terms has been executed. 11. Governing Law. This Agreement, including any claim or dispute arising hereunder shall be governed by the laws of the State of Texas and any claims' arising therefrom shall be exclusive in a court of competent jurisdiction physically located in Jefferson County, Texas. 12. Authority. Each party warrants and represents that it has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of each has been property authorized and empowered to enter this Agreement. 13. Assignment. This Agreement may not be assigned by Licensee. 14. Notices. Notices to be sent pursuant to this Agreement shall be sent by certified mail, postage prepaid to the following addresses: Licensor DCP Operating Company, LP Attn: Right of Way Department 5718 Westheimer Road, Suite 1900 Houston, Texas 77057 Licensee City of Beaumont. Attn: Kyle Hayes P.O. Box 3827 Beaumont, Texas .77704 15. Entire Agreement. This Agreement constitutes the entire agreement between the Parties, with respect to the subject matter thereof. No modifications to the terms and conditions of the Agreement shall be binding upon the Parties unless evidenced by a supplemental or substitute agreement in writing signed by the Parties. 16. Counterparts. This license may be executed in counterparts, but which together shall. constitute one and the same instrument [signature pages follow] n IN WITNESS WHEREOF, the Parties have caused this instrument to be executed and effective. as of the date first above written. Licensor: DCP Operating Company, LP a Delaware l�nited partnership By: _XW Mike Patton, Attorney -in -Fact STATE OF TEXAS ) COUNTY OF This instrument was signed and acknowledged before me, the undersigned authority, on this day by Mike Patton as Attorney -in -Fact, of DCP OPERATING COMPANY, LP, as the act of the company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5 day of MA" , 2020. ,a b -a VA. Notary Public, State of Texas Sara•; SARA REEDS DEVILLIERS My Notary ID # 124030075 ?a ofe Expires November 13 5 Licensee: City of Beaumont a Municipal Corporation By: Title: City Manager- K61C "es STATE OF TEXAS COUNTY OF JEFFERSON This instrument was signed and acknowledged before me, the undersigned authority, on aVpas i �V !� �� �i- of The City of this day by Beaumont, as the ct of the corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this %g` day of ' 2020. ANGELA MARIETHOMAS ® my DR1onExpir My Commission Expires July 3, 2021 Notary Public, State of Texas 0 Exhibit A Licensee's Property, Licensoe's Property and Access License Area esubjectPr Tm . Vicinity fNap B, Not to Sbala E=IT "All 1-105 Acre Non -Exclusive 30' Access License Area (y 0' 100, 20W 400' -- Scala:1--200' --- P' Fad 2' I. Pipe. NBG3416'E 10:4 ' LineTable 4 Delall "K Not to Scale ChdslismHllebmndt Frank E.Glaze LoriPbdilloo-Deed E'heilWalker,Sr. 0.99 Acre Residue ofCallaRobert d 84.Zacres C.F. No. 2005032227 Volume M PCrilbE age 494 .o•Aes R:J:G R.J:C. Film Code -No. 103-94-1 O.P D: /ttl9Ati O.RR.J.C. Set6/8"L Rod o 441 vifcepslampad' OR J Qa Pc "CJA.ENG. LHPLS �o Od A a. Np 10106600' FI, Rod N- 1P V Fed iW "? Ovid LI L 0 L Rod' L12 � L13 - k Y 3eo.Dolan'"lA k-E:dslfn9 RockRoad 1' t 1. an9e League Mlafc sG GO-25 l' 'a- cart emltng Company. LP' i3— . , pCP. Op n01 l' 5.482-Acres C. F. No_2007022935 u: Uct OP3;J.0 Llcenso'sPcoperty pCP'OperalltlOCompanY.t 7358Acres C..F. No.20070M33 V f ��( C P.FU.C. Lrcans&s Property c, LINE : BEARING. DISTANCE L1' W03'26M W 49.2R' LZ N.'0009tM W 157-.0& . La ` N'03'08'45" W 99:84' [A. NA3'02021N' 10504'' L& NQV28.28"W' 22U51' 1,61• ! Ni1W554ww 21Z,59t LT N'86'34HS E 30:&t.'- 116• S'AT65'45`E 210:30:' ' 8g- S 02281ME MCI!' . L10: i SOWOZO27E i00:61' L , , S.OW0846'E 99: 9GA" L12 , S O4094a" E. 151197' L13 S-03726'57"E 72.46' 30' Whit! Non -Exclusive Acccss License Area I -JOB Acre 43135.83 Sq. Fbct `; Set.518` I. Rod vJ a 1 wlcap stamped o I d Z @ "LJA.ENG.TBP.LS 30: 0= ala• i Fndii2 tJ0.10105600' I. Rod -- F m N 47 — NO3'324&'W E C �%0%jrz . .?.% 3cityo(Beaumant I ApstFa Caned'2183Ji0Acres. Film code No.103103-0258 O:P.F3:J:C: Survavars,CediOcaliart LicenseeiProperty Tho undersigned does hereby certify. that Ihrssurvay plat accurately represents an on the, ground. survey made- undermy, dltact supervision on Apol5, 2al7 andis-being.submhledelong,vAlh:lha survayarslield flalade5arlplrao'of lhaproponyslim-m hereon, vAich lies Indefferson County, Texas. RohartElbert Walker,.Sr. 7.350 Acres C. F. No. 2000046068 O.P.R.J.C. i"1iV 30.00' —4w— _— I. Rod (Bang Abbt'ev%tiions I. Iran No. Number PO.0 PolnLWCommencement POB PoloLorBeglnning POT Pal nl.ofT,emtrnelran VU Valuma PT Page C-F. Cleft Fno. OR.'R.J.0 Ofriclhl Public Records or: Jefferson Counly 111T..J.C. Deed'Records of.leff6mon County Nates:, All bearlhgs arebased upon than Eoxas Cbordlhele System of 1gBa (201ij; Soulh.Cenlral Zone N204 (tJ :Sutveg.. Foot)j All.dislancesand acreages are surface• with a comhlhed adjuslment factorof VIGOOTappfled. Sutiminlhg Inlommllom. City ohBeaumant 8eaumarif Texas 77704 Altar Anlolnette Hardy Sne Address: 8030 Erie St. Beaumont; Texas. 77705 30' WIDE NON-EXCLUSIVE ACCESS LICENSE AREA OU•T OF OCP OPERATANG COMPANY, LP IN THE MARCELO GRANGE LEAGUE JEFFER'SON: COUIIITY, TEXAS FEBRUARY275.2020 joe-NO. B045--1039 �! LJA SURVEYING,. INC. i, ,:! 2615:Calder Ave, Sufte 500 Tel: 409.633.3363 Beaumont, Texas 777.02 Fax: 409.033:0317 TBPLS Flrm No. 1=5600 Exhibit B Access License Area Description 1.11. 261S Calder Avenue, Suite Sou; Beaumont Texas 77702 LJA SURVEYING t 409833.3363 f 409.-M.0317 WASURVEY.com TBPLS:1010560Q M110'111"_T =1 Page I of 2 Feblvany 27, 2020 Sirveyor's Field Note DescLiptinm 30 foot wide Non -Exclusive Access License Area TIEING a 1.105 acre (49135.83 square feet) of land out oftbat certain DCP Operating Company, L.P. called. 7.359. acre tract of land; more firlly described andrecorded in Creme's File -No. 200.7022333 and that eertaia DCP Operating Company, LP called 5.4.82 acre tract of land, Ynore fully described and recorded in. Clere s File -No. 2007022335 of the Ofdcial: Fablic Records of Jefferson Coimty, Texas. Said 1.105 acre (4fi135.8.3 square feet)of land being situateddattYaMaice1'oGrangeLeabgue,AbstiactNfl:26,Jef6rsonCounty,T-exas; BE, GINNRiG at a 112 inch iron rod found at the Southeast coiner ofsaid'DCP 7.35$ acre tract;: same being the Northeast comer of that ced4h Robert Elbert, Wallcer, Sr. called 7.358 acretract of land,, snore fully described- and recorded in, Clerk's file No. 2000046069 of said Officiat Pisblie Records- and being in the Nest line of that certain Robert Elbert Walker, Sr. called 5.0' acre tract of Land; more fully described and recorded in Film Code No. 103-94-18'62• ofsa d, Official Public records; TBENCE South 86 deg. 3P in L 56. sec. West along and with the South line of said DCF 7.359, acre tract, same being the. North Hine of said Well,ter 7.358 acre tract, a distance of g54.5& feet to a 5/& inch honrod found (bent), at the S.audiwest comer of said, l 7.359, acre tract,. salne being the Northwest coiner of said Walker 7.358 acre. tract and being in the East lime of that certain City ofBeaumont called 2.18150 acres tract . of land,, more ful;iy described and reccnded: inn Film, Code No. 103 03-0258. of, said Official FtTblicRecords; TH Ei NCE. Nbrflb 43 deg. 32 imui n. 48 see. Nest atung and -with: the West line of said DCP 7.358 acmtract, samebeing the East line ofsaid 2183..50 acre (tact,, a distance. of 301.00 feet to, a point -for -corner in thee West line of said DCP 7.358 acre tracts same being the East line of said 2183,50 acre traet,.frow w1ndh a 51& ii7elt. . iron rod with, cap stamped ` LM ENUL TB—P S NO.. 1-0105600'. set for reference in the West fine ofsaid idd DCP 7.35& acre hurt, same, being the East raze of said 2183.50 acre tra4 bears North 03 deg. 32 mitt. 49 sec. West,a distance of 30;0.0 feet; THENCE North, 8'6 deg. 30 n.m. 56 see. East &distance of 924.63 feet to apoint for comer at an eft. corner; ONCE is a Northwesterly directiou the following courses and distances; North 03 deg: 26 mirr. 57 sec. Vest a distance of49.29 feet to a, point for comer; Nordi (i4. deg 09 „ri n. 48: sec Wi—st a distance of 157.05 feet to a point for corner, North. 0-1 deg. 09 min_ 46, sec. West at u distance of 99.63 feet to apass the .North the of said 7.358 acre tmet; same being the South line of said 5.482 acre tract, ca niinuuiug in all a total distance of. 99.94 feet to apoint for comer; North 03 deg. 02 mils. 02 sec. West a distance of'109.04 feet to a goint for comer;: North. OI deg. 28 min. 28. sec. West a distance of 22.15 feet to, apoint for corner, North 13 deg 55 min. 45 see, West a distance of 212 59 feet to apoiat f61, corner in the North line of said 5,482' acre tract and. Abstract No. 26; same being, the South. Trite of that certain Centaua intrastate Pipeline Company -called 15:0018 acre tract, more fully. described and-recordedin Clerlt's Fil&No. 9740740 of said; Official Public Records- and said,Abstract No. 45;. TMNCE North 86 deg. 34 min. 16 sec. East along and with the North line: of said 5.482 acre tract and Abstract No: 26, same being the South line of said 15.0018 acre tract and Abstract Na. 45, a distance of 30 foot wide Non -Exclusive Access License Area February 27, 2020 Page 2 30.51 feet to a pohit for comer;. from which a 2" iron pipe found for the Southeast corner of said 15,0018 acre tract and Abstract No. 45.,. same being the Southwest corner of the John A. Veatch Surt+ey, Abstract W.Go . 55, beats Worth. 86 deg. 34 min. 16 sec. East, a distance of 10.43 feet; THENCE South 13. deg. 55 m ir. 45 sec East a distance of 21&30 feet to apointfor corner in the East line ofsaid 5.482 acre tract, swine tieing the Soutlrwest corner of that certain- DCP Operating Company, LP called 1.00 acre tract, more fully desut ihed and recorded in C.F. No. 2D12033117 of said Official Public Records,. and same being an ell comer in the West fine of the residue of that certak Christian Mebrandt called 84.2 acre tract, more fully described as Lot l in a Partition Deed recorded in Volume 62, Page 494 of the Deed Records of 7ef ersoa County, Texas; THENCE South GI deg 28 nun. 28 sec. East along and with the East Line of said 5.482 acre tract;. same being aWest litre of said residue of called:84.2 acre tract a distance oft .01 feet to a point for cower at the Northwest corner of said that certain Fi=lc E. Glaze called 0:99 acre tract of land, more frilly described and recordedin C.F. No. 2005O32227 of said Official. Public Records, same beiag an ell comer in the West line of saidresidue of called 84.2 acre track THENCE, South 03deg02 min, 02. sec. East along and with the East lime of said 5.482 acre tract, same being the Vest line ofsaid Ot99' acre tract, a distance of 108.61 feet to a point fox corner at the Soulfcast corner of said. 5.482 acre tract;. same being the Northeast corner of said 7.359 acre tract; THENCE, Sandi 03 deg. 08 YLtim 46 sec_ East along and with. the East line of said 7.355 acre tract, sane Tieing. the. West line of said "9- acre tract„ a distance of 99.54 feet to a 11-2 inch iron rod found at the Southwest coiner of said GS9' acre track same being an ell, conerin the West Bete of said residue of called: 84-2 acre tract; TEMCD, South •04 dug. 0,91 infiL 48. sec_ East along and with the Bast litre of said 7,359 acre b-a-aetr same being a West line of said residue of called 84.2 acre tract, a distance of 156,97 feet to a poilit for. comer at the Southwest corner of said residue of eaffed 84.2 acre tract,. saute being the Northwest corner of said 5.0 act& tract; THENCE Soutlz 03 deg. 26 mil►. 57 sec. East along and with tha East Rine of said 7.358 acre tract;, same tieing the West line ofsaid SAacre tract;,at adiist mwof 19,46 feetpass a 518 imelairon rod wit eagstamped ' LYA, BNa TBPLS. NG,1 a1U560W'* set forreirerence, continudug on for a totat distance of 79.46 feet t& ti e PLACE. OF BE, G1NMNG, containing L 1015 acres (4.8135,83 square fleet): of Ord; rmore. or less. (This desedptiorr fs based upcin a sun+ey trade on the ground mAer my direct superrrision, on Apxcl 5 , 20.J7 and is being sFd WIted along W& a survey plat shoving the property cmdfwts, i)tdas rlesen'bedher.ehi. Affbearings are bas'edupora the Taras Coordinate ate Syslenr. of 1983 (Md); Saudi CenmalZone `4.204"(US Sun-vepfoot).Affdrstaneexandamagerare sin acewithaeotnbinedadjmtwentfaetoxofl.6,0907aVfted) Regis Professional Land Surveyor ............ .......... WEsr.Er KYLEMA; :.A_ 6536 -,jr CITY OF BEAUMONT j P O BOX 3827 ATTN:ANTOINETTE HARDY BEAUMONT, TX 77704 F FILED AND RECORDED OFFICIAL PUBLIC RECORDS 00 -2 ^"* Carolyn L. Guidry, County Clerk Jefferson County, Texas March 19, 2020 09:40:17 AM FEE: $66.00 2020009493 ,u t