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HomeMy WebLinkAboutRES 21-194RESOLUTION NO. 21-194 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 Memorandum of Understanding between the City of Beaumont and ExxonMobil Oil Corporation relating to the installation of one (1) flood sensor along the Neches River on Exxon Mobil property. 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 17th day of August, 2021. rrN+�wh` S �44 Mayor Robin Mouton - tth'>r/ BEAUM©NT TEXAS MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("Memorandum"), dated August , 2021, sets forth certain nonbinding understandings between EXXONMOBIL OIL CORPORATION, a New York corporation (hereinafter called "PERMITOR") and the City of Beaumont, a home rule city of the State of Texas acting by and through its duly authorized Agent (hereinafter called `PERMITEE"), witnesseth: PERMITEE and the PERMITOR have reached an understanding wherein the PERMITOR authorizes the PERMITEE to occupy, on a non-exclusive basis, the following locations for the installment of one (1) Low -Cost Flood Sensor ("LCFS"): 1. On PERMITOR property, along the Neches River, in TRACT 8 EXXON MOBIL - (Exhibits Al & A2) This Memorandum is not intended to constitute a legally binding or enforceable agreement or commitment on either party and the understandings between the parties are fully listed and stated below: 1. The PERMITOR wilt allow the PERMITEE to have one (1) LCFS installed on PERMITOR property at no additional cost to the PERMITEE. 2. The PERMITEE will provide the LCFS unit to the PERMITOR for installation. 3. The PERMITOR will provide all pertinent material needed for the installation of the LCFS at no additional cost to the PERMITEE and on an as -is basis with no warranties. 4. The PERMITOR will install the LCFS at no additional cost to the PERMITEE and on an as -is basis with no warranties. 5. The PERMITEE will retain ownership of the LCFS. 6. The PERMITOR will handle the maintenance and quarterly inspections of the LCFS at no additional cost to the PERMITEE and on an as -is basis with no warranties. 7. The PERMITOR will supply inspection findings to the PERMITEE. 8. The PERMITOR wilt notify the PERMITEE if any work being performed by the PERMITOR requires the removal of the LCFS; no prior notification will be required in the event of PERMITOR's emergency response efforts. Page 1 of3 EXHIBIT "A" 9. PERMITEE hereby voluntarily releases and forever discharges PERMITOR (as well as its related entities and officers/directors/employees) from any and all claims, demands, or causes of action which are in any way related to, arising out of, or connected with this Memorandum. 10. The provisions of this Memorandum are intended for PERMITOR and PERMITEE and are not intended to and do not create rights in any person or confer upon any other person any benefits, rights or remedies, and no person is or is intended to be a third party beneficiary of any of the provisions of this Memorandum. IT IS FURTHER AGREED THAT ALL TERMS AND CONDITIONS OF UNDERSTANDING ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. This Memorandum 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 Memorandum is neither assignable nor transferable except in conjunction with, and as part of, PERMITOR's conveyance of all the abutting property this agreement serves, through probate or warranty deed or lease. In any such event, PERMITEE shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to PERMITEE shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P. O. Box 3827, 801 Main Street, Beaumont, Texas 77701. Any notice to PERMITOR or their successors shall be sufficient if mailed or hand delivered to ExxonMobil Oil Corporation, 1795 Burt Street, Beaumont, Texas 77701. [Signature Page Follows] Page 2 of3 EXXONMOBIL OIL CORPORATION WITNESS OUR HANDS effective this day of 2021. David Gorsich Ex onMobil Beaumont SHE Manager E�onMObil Oil Corporation ATTEST: By: Printed Name: Title: CITY OF BEAUMONT WITNESS OUR HANDS effective this day of 2021. Kyle Hayes City Manager City of Beaumont ATTEST: Tina Broussard City Clerk City of Beaumont Page 3 of3 NECHES RIVER Exxonl,lcb I 1 1 MEMORANDUM OF UNDERSTANDING - This Memorandum of Understanding {"Memorandum"), dated August 06 , 2021, sets forth certain nonbinding understandings between EXXONMOBIL OIL CORPORATION, a New York corporation (hereinafter called "PERMITOR") and the City of Beaumont, a home rule city of the State of Texas acting by and through its duly authorized Agent (hereinafter called "PERMITEE"), witnesseth: PERMITEE and the PERMITOR have reached an understanding wherein the PERMITOR authorizes the PERMITEE to occupy, on a non-exclusive basis, the following locations for the installment of one (1) Low -Cost Flood Sensor ("LCFS"): 1. On PERMITOR property, along the Neches River; in TRACT 8 EXXON MOBIL - (Exhibits Al & A2) This Memorandum is not intended to constitute a legally binding or enforceable agreement or commitment on either party and the understandings between the parties are fully listed and stated below: 1. The PERMITOR will allow the PERMITEE to have one (1) LCFS installed on PERMITOR property at no additional cost to the PERMITEE. 2. The PERMITEE will provide the LCFS unit to the PERMITOR for installation. 3. The PERMITOR will provide all pertinent material needed for the installation of the LCFS at no additional cost to the PERMITEE and on an as -is basis with no warranties. 4. The PERMITOR will install the LCFS at no additional cost to the PERMITEE and on an as -is basis with no warranties. 5. The PERMITEE will retain ownership of the LCFS. 6. The PERMITOR will handle the maintenance and quarterly inspections of the LCFS at no additional cost to the PERMITEE and on an as -is basis with no warranties. 7. The PERMITOR will supply inspection findings to the PERMITEE. 8. The PERMITOR will notify the PERMITEE if any work being. performed by the PERMITOR requires the removal of the LCFS; no prior notification will be required in the event of PERMITOR's emergency response efforts. Page 1 of 3 9. PERMITEE hereby voluntarily releases and forever discharges PERMITOR (as well as its related entities and officers/directors/employees) from any and all claims, demands, or causes of action which are in any way related to, arising out of, or connected with this Memorandum. 10. The provisions of this Memorandum are intended for PERMITOR and PERMITEE and are not intended to and do not create rights in any person or confer upon any other person any benefits, rights or remedies, and no person is or is intended to be a third party beneficiary of any of the provisions of this Memorandum. IT IS FURTHER AGREED THAT ALL TERMS AND CONDITIONS OF UNDERSTANDING ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. This Memorandum is terminable by either parry 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 Memorandum is neither assignable nor transferable except in conjunction with, and as part of, PERMITOR's conveyance of all the abutting property this agreement serves, through probate or warranty deed or lease. In any such event, PERMITEE shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to PERMITEE shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P. O. Box 3827, 801 Main Street, Beaumont, Texas 77701. Any notice to PERMITOR or their successors shall be sufficient if mailed or hand delivered to ExxonMobil Oil Corporation, 1795 Burt Street, Beaumont, Texas 77701. [Signature Page Follows] Page 2 of 3 E7jONM0BIL-OIL CORPORATION WITNESS OUR HANDS effective this o?i avid Gorsich ExxonMobil Beaumont SHE Manager ExxonMobil Oil Corporation ATTEST: By. - Printed me: Title: Nooel CITY OF BEAUMONT day of 0.5 r , 2021. I_ ll WITNESS OUR. HANDS effective this __. S day of 2021. L I (- Kyle Hayes City Manager City of Beaumont AIST_ .LA,_ II nn,^m _ I�VV1�U Tina Broussard City Clerk City of Beaumont Page 3 of 3 EXHIBIT Al CN Q