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HomeMy WebLinkAboutRES 21-029RESOLUTION NO. 21-029 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 ten (10) year Memorandum of Understanding with Orleans San Jacinto, LP, of Beaumont, Texas, for use of the parking lot located east of the Jefferson Theatre after working hours and on weekends. The Memorandum of Understanding 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 February, 2021. rayor Becky BEAUMONT TEXAS MEMORANDUM OF UNDERSTANDING This agreement between the ORLEANS SAN JACINTO, LP, of the County of Jefferson, State of Texas, hereinafter called "Owner", and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called "City", witnesseth: CITY and the OWNER above recited have reached an agreement wherein the OWNER is to authorize the CITY to occupy the parking lot described as follows: East 35.43' of Lot 204, all of Lot 205 and the North 30' x95.43' of Lot 207, Block 40, Original Town of Beaumont Addition, in the City of Beaumont, Jefferson County, Texas (600-612 Pearl) The consideration and conditions of agreement are fully listed and stated below: 1. The CITY will use the parking lot after working hours and on weekends. 2. The CITY will clean up after each use. 3. The CITY will provide security when occupying parking lot. 4. The CITY will resurface and stripe the parking lot, when the need is determined by the city. 5. The CITY will install and maintain potted plants at the City's discretion. 6. The CITY will pay $300.00 per month during the period this MOU is in effect. This agreement shall be for a term often (10) years, beginning February 1, 2021 and ending January 31, 2031, unless terminated as provided for herein. IT IS FURTHER AGREED THAT ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified. This agreement is neither assignable nor transferable except in conjunction with, and as part of, Owner's conveyance of all the abutting property this agreement serves, through probate or warranty deed or lease. In any such event, City shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to City shall be sufficient if it is mailed or hand delivered to the Office of the City Manager, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Owner or their successors shall be sufficient if mailed or hand delivered to Orleans San Jacinto, LP, 595 Orleans Street, Suite 1510, Beaumont, Texas 77701. EXHIBIT "A" {INTENTIONALLY LEFT BLANK} IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of 92021. CITY OF BEAUMONT Kyle Hayes City Manager ORLEANS SAN JACINTO, LP By: �� a Printed Name: %Y! 91 111 ae-k— Title: Pre- 5 j