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Home My WebLink AboutPACKET APRIL 01 2003 �r City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 1, 2003 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items l-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Section 21-75 of the Code of Ordinance related to authorized positions in the Police Department 2. Consider amending Ordinance No. 03-007 Section 5, Exhibit "A" changing the polling location of Precinct 72 for the May 3, 2003 General Election from the West End YMCA, 3625 Dowlen Road Beaumont, Texas 77706 to Southern Star Gymnastics 7595 Highway 105 Beaumont, Texas 77713 3. PUBLIC HEARING: Receive public comment on the Public Services, Public Facilities &Improvements and Emergency Shelter Grant line items of the Annual Action Plan for the 2003 Consolidated Block Grant Program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Herbert Howard Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buchrle at 880-3725 a day prior to the meeting. 1 April 1,2003 Consider amending Section 21-75 of the Code of Ordinance related to authorized positions in the Police Department I CIE. ...I!. i City of Beaumont Council Agenda Ite TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: April 1, 2003 AGENDA MEMO DATE: March 24, 2003 REQUESTED ACTION: Consider an Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I and Grade II positions. RECOMMENDATION Council consideration of an amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I Positions from 197 to 198 and Grade II positions from 52 to 51. BACKGROUND As ofDecember 31, 2002, Grade 11 Sergeant Joe Hebert retired. In keeping with the reorganization within the Police Department that began with the October 1997 collective bargaining agreement,a reduction of the Grade II position is needed. By reducing this position and increasing the Grade I position, this will accurately reflect the current organization of the Police Department as well as allow the utilization of the police specialist positions in the Criminal Investigations Division. BUDGETARYIMPACT The current annual pay for one Grade II Srrgeant is $53,412. The annual pay for one Grade I Patrolman is $34,560 which is a positive budget impact of$18,852. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I and Grade II positions. Beaumont Police Department Tom Scofield, Chief ' Office:409-880-3801 • Fax: 409-880-3844 P.O. Box 3827 Beaumont,Texas 77704-3827 c www.ih2000.net/bpd/ March 24, 2003 Mr. Kyle Hayes City Manager P. O. Box 3827 Beaumont, Texas 77704 Dear Mr. Hayes, On December 31, 2002, Grade II Sergeant Joe Hebert retired. I am therefore requesting that the City Ordinance Section 21-75 be amended reducing the number of positions in the Grade II category by one from 52 to 51 and reallocating that position into the Grade I category increasing it from 197 to 198. This request is in keeping with the reorganization of the Police Department that began with the October 1997 contract and continues in the current collective bargaining agreement. Furthermore it allows for the utilization of the police specialist positions in the Criminal Investigations Division. Below is a summary of the changes in proposed personnel allotments: Current: Proposed: Grade 1 197 198 Grade II 52 51 Grade III 10 10 Grade IV 3 3 Deputy Chief 2 2 Total 264 264 1 will be glad to provide any additional information necessary. Sincerely, Tom Scofield Chief of Police ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES TO AMEND THE GRADE I AND GRADE II POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. THAT Chapter 21, Section 21-75 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Section 21-75. Grades and Classifications - Police Department The following grades and classifications are hereby established within the Police Department. BE IT ORDAINED BY THE CITY OF BEAUMONT: Grade Classification Positions I Officers 198 II Sergeants 51 III Lieutenants 10 IV Captains 3 Deputy Chiefs 2 Total 264 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason SAAGENDA\CITY CLERK\04-01-03.wpd be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of April, 2003. - Mayor Evelyn M. Lord - SAAGENDA\CITY CLERK\04-01-03.wpd 2 April 1,2003 Consider amending Ordinance No. 03-007 Section 5, Exhibit "A" changing the polling location of Precinct 72 for the May 3, 2003 General Election from the West End YMCA, 3625 Dowlen Road Beaumont,Texas 77706 to Southern Star Gymnastics 7595 Highway 105 Beaumont, Texas 77713 Q10. ..5[ City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Susan Henderson, City Clerk MEETING DATE: April 1, 2003 AGENDA MEMO DATE: March 27, 2003 REQUESTED ACTION: Council consider amending Ordinance No.03-007 Section 5, Exhibit "A"changing the polling location of Precinct 72 for the May 3, 2003 General Election from the West End YMCA, 3625 Dowlen Road Beaumont, Texas 77706 to Southern Star Gymnastics 7595 Highway 105 Beaumont, Texas 77713 RECOMMENDATION The Administration recommends approval of a request to amend Ordinance No. 03-007, Section 5, Exhibit"A"changing polling location of Precinct 72 for the May 3,2003 General Election from the West End YMCA, 3625 Dowlen Road Beaumont,Texas 77706 to Southern Star Gymnastics, 7595 Highway 105 Beaumont, Texas 77713 BACKGROUND Precinct 72 was divided by the Jefferson County Voter Registrar in March 2003, creating a new precinct, Precinct 116. A different site for each precinct will be required because of the total number of voters in each precinct. BUDGETARYIMPACT Funding is available in the City Clerk's Election budget. PREVIOUS ACTION City Council approved Ordinance 03-007 on March 4, 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Clerk RECOMMENDED MOTION Approve/Deny a request to amend Ordinance 03-007 Section 5, Exhibit"A"changing the polling location of Precinct 72 for the May 3, 2003 General Election from the West End YMCA 3625 Dowlen Road Beaumont, Texas 77706 to Southern Star Gymnastics 7595 Highway 105 Beaumont, Texas 77713 Page 2 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 03- 007 TO CHANGE THE POLLING PLACE FOR PRECINCT 62; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance 03-007 be and the same is hereby amended to amend Exhibit"A" to change the polling location of Precinct 72 for the May 3, 2003, general election from the West End YMCA to the Southern Star Gymnastics, 7595 Highway 105, Beaumont, Texas, 77713. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1St day of April, 2003. Mayor- GAMORDI NANMAMEND\03-007 3 April 1,2003 PUBLIC HEARING: Receive public comment on the Public Services, Public Facilities & Improvements and Emergency Shelter Grant line items of the Annual Action Plan for the 2003 Consolidated Block Grant Program ...0 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing/Grants Coordinator Inter + MEETING DATE: April 1, 2003 AGENDA MEMO DATE: March 26, 2003 REQUESTED ACTION: Council conduct a public hearing to receive public comment on the Public Services, Public Facilities & Improvements and Emergency Shelter Grant line items of the Annual Action Plan for the 2003 Consolidated Block Grant Program RECOMMENDATION The Administration recommends that Council conduct a public hearing to receive public comment on the Public Services,Public Facilities&Improvements and Emergency Shelter Grant line items of the Annual Action Plan for the 2003 Consolidated Block Grant Program. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development, City Council has conducted such public hearings in previous years prior to adopting the City's Final Annual Action Plan. In addition, the Community Development Advisory Committee (CDAC) has held five (5) meetings to discuss the 2003 Action Plan, in order to make its recommendations to City Council. Council adopted the 2003 Preliminary Budget at the February 4, 2003 City Council meeting. BUDGETARY IMPACT The 2003 federal allocation of$3,053,253 is comprised of$2,125,000 in Community Development Block Grant funds, $846,253 in HOME funds and $82,000 in Emergency Shelter Grant funds. During the February 4, 2003 Council Meeting, Council allocated $140,000 to the Public Services/Public Facilities&Improvements line item. PREVIOUS ACTION None. SUBSEQUENT ACTION Council will be asked to make public services/public facilities&improvements allocations at the next City Council meeting. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Housing/Grants Coordinator Interim. RECOMMENDED MOTION No Council action requested. Page 2 2003 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Emergency Shelter Line Item Recommendations Amount CDAC Administration City Council Publi c Services Requests Organization Requested Recommendations Recommendations Allocations 1 Beaumont Community Housing Dev Corp 46,710.00 0.00 0.00 2 Beaumont Habitat For Humanity 60,000.00 0.00 0.00 3 Beaumont Heritage Society/John Jay French Mus 2,130.00 0.00 0.00 4 Beaumont Housing Authority(1) 20,000.00 0.00 0.00 5 Beaumont Housing Authority(2) 20,000.00 0.00 0.00 6 Beaumont Metropolitan YMCA/L L Melton YMCA 19,968.00 12,202.00 18,461.00 7 Beaumont Police Activities League 20,000.00 12,222.00 0.00 8 Delta Sigma Theta Sorority/DREF Foundation 5,000.00 0.00 0.00 9 1 Have A Dream Program 4,800.00 2,940.00 4,800.00 10 IEA-Inspire, Encourage,Achieve 2,700.00 2,700.00 2,700.00 11 Lucas Elementary 10,419.70 0.00 0.00 12 Nutrition and Services for Seniors 10,593.00 10,593.00 10,593.00 13 Southeast Texas Family Resource Center 12,500.00 7,639.00 5,820.00 14 Spindletop MHMR 20,000.00 20,000.00 0.00 15 Stone Way Limited Partnership 1,000.00 0.00 1,000.00 16 Art Studio,The 20,000.00 0.00 10,800.00 17 Beaumont Community Learning Center 20,000.00 0.00 10,000.00 18 Beaumont Heritage Society/John Jay French Mus(2 1,314.00 1,314.00 1,314.00 19 Beaumont Metropolitan YMCA/L.L. Melton YMCA 69,876.00 0.00 0.00 20 Boy's Haven of America 19,912.00 12,168.00 19,912.00 21 Buckner Children and Family Services 6,000.00 6,000.00 6,000.00 22 Catholic Charities of the Diocese of Beaumont 20,000.00 20,000.00 18,600.00 23 LifeShare Blood Centers 20,000.00 0.00 0.00 24 Quantum Omega Star, Inc 20,000.00 0.00 10,000.00 25 Schlesinger Healthcare Centers 20,000.00 20,000.00 20,000.00 26 Youth Rescue Mission 20,000.00 12,222.00 0.00 TOTAL PUBLIC SERVICES 492,922.70 140,000.00 140,000.00 0.00 Percentage of CDBG Entitlement 23.2% 6.6% 6.6% a 0.0/o Emergency Shelter Requests 27 Family Services of Southeast Texas 30,950.00 27,333.00 18,470.00 28 Salvation Army,The 60,000.00 27,333.00 20,000.00 29 Some Other Place/Henry's Place 43,450.00 27,334.00 43,530.00 TOTAL EMERGENCY SHELTER 134,400.00 82,000.00 82,000.00 0.00 A ` c City ®f Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 1, 2003 1:30 P.M. CONSENT AGENDA * Approval of minutes Confirmation of committee appointments A) Authorize the City Manager to execute the renewal of a lease agreement for property located at 5250 Washington Blvd. B) Approve the settlement of the lawsuit of Wilford Richard v City of Beaumont A City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: April 1, 2003 AGENDA MEMO DATE: March 26, 2003 REQUESTED ACTION: Council consider authorizing the City Manager to execute the renewal of a lease agreement for property located at 5250 Washington Blvd. RECOMMENDATION Administration recommends authorizing the City Manager to execute the three-year renewal of a lease agreement with Vanderburg Investments, Inc., for property located at 5250 Washington Blvd., for a monthly rental fee of$4,200. BACKGROUND The Beaumont Police Department has leased office space at 5250 Washington Blvd. since November 19, 1997. The lease's five year term expired December 31, 2002, at which time the City leased the facility on a month-to-month basis. The Police Department's Narcotics and Street Crimes units use the premises for office space and storage of seized property. The proposed lease is a renewal of the agreement previously assigned to the Police Narcotics Division. In the past, the rental fee has been $3,800 per month. The new lease dictates an increase in the monthly rental fee to $4,200. At the end of the three year term, a provision of the new lease allows for month-to-month occupation at the same monthly rental fee of $4,200, if required. Other provisions of the lease require that the City pay all utilities, including water, electricity, gas, sewer and garbage fees. The lease agreement also dictates that the City agrees to indemnify and hold Vanderburg harmless against any and all claims, demands, damages, costs and expenses, arising from any act or negligence of the City. Vanderburg Investments,Inc./Police Narcotics Lease March 26, 2003 Page 2 The proposed agreement also contains a non-appropriations provision. In the event City Council fails to appropriate funds for any fiscal year sufficient to continue the performance of the lease, the agreement will terminate at the end of the current fiscal year. In addition, the agreement provides the City with an option to purchase the 1.534 acre tract of land and 4,000 square foot building. Should the City desire to exercise its option, $1,500 of the $4,200 monthly rent paid during the three-year renewal term of the lease will be applied toward the $450,000 purchase price of the property; the remaining $2,700 paid each month during the initial term of the lease will be considered as the monthly rental fee. The difference between the $1,500 per month for thirty-six months ($54,000), and the $450,000 purchase price, will be $396,000 and will be paid at closing of the sale of the property. A copy of the lease agreement in its substantial form is provided for your review. BUDGETARY IMPACT As consideration for the leased premises, the City agrees to pay the monthly rental fee of$4,200 for the three-year term of the lease. Funds for this expenditure are available in the Police Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Police Chief and Central Services Director. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute the renewal of a lease agreement for 5250 Washington Blvd., for a three-year term commencing on April 1, 2003 and ending on March 31, 2006, at the rate of$4,200 per month. C:11u. eels rd Seltiyalpreo Wy DoeMm WPDOC WJ,m Wi\ Ne d.DWV It np w ve Iae.wpd STATE OF TEXAS § COUNTY OF JEFFERSON § COMMERCIAL LEASE AGREEMENT (Three Year Term with Option to Purchase) THIS AGREEMENT entered effective the day of April, 2003, by and between VANDERBURG INVESTMENTS, INC., herein called LESSOR, and CITY OF BEAUMONT, herein called LESSEE. WITNESSETH, that LESSOR does by these presents lease and demise unto LESSEE the following described property (which is locally known as 5250 Washington Blvd., Beaumont, Texas) to-wit: An approximate 1.534 acre tract of land together with the improvements thereon in Beaumont, Jefferson County, Texas as shown on the map attached hereto as Exhibit "A," for a term of thirty-six (36) months, beginning on the 1St day of April, 2003, and ending on the 31 st day of March, 2006, to be used for its lawful purpose and paying therefor the sum of $151,200.00, payable in thirty-six (36) monthly installments of $4,200.00 per month, in advance, first installment being due on the 1St day of April, 2003, and one installment being due on the 1s' day of each and every calender month thereafter until the full rental provided herein has been duly paid, subject to the terms and conditions hereinafter set out. Any monthly rent paid after the 10th of the month shall be assessed a $75.00 late fee. This lease is given in renewal and extension of that certain Commercial Lease Agreement dated November 20, 1997 between Lessor and Lessee Page 1 of 11 for a term of sixty (60) months ending on December 31, 2002. Lessee has been occupying the leased premises on a month-to-month basis beginning January 1, 2003. 1• LESSEE shall pay rental installments to LESSOR at P.O. Box 161447, Austin, Texas 78716-1447 or at such other place as LESSOR may from time to time instruct LESSEE in writing. 2• LESSEE shall take good care of the property and its fixtures, and suffer no waste, except natural deterioration and damage by fire. LESSEE shall pay all utility assessments and charges during the term of this lease. In this connection it is understood that the building on the leased premises contains such equipment and fixtures, except trade fixtures, as is necessary to afford adequate gas, water, electricity, heating and air conditioning for the use and occupancy of the premises. 3• LESSEE agrees to accept possession of the premises in its present condition. 4. LESSEE shall be responsible for the erection and maintenance of all signs and trade fixtures on the leased premises. 5. LESSEE agrees to repair any and all damage or deterioration to the interior of said improvements and to the roof, exterior walls and floor of said improvements caused by the negligence or willful act of LESSEE, its agents, servants or employees. LESSOR agrees to repair any and all damage or deterioration caused by storm or fire, provided such fire was not proximately caused by the negligence, or willful act of LESSEE, its agents, servants or employees. 6. LESSOR shall not be liable or obligated to repair any damages to said air conditioning unit proximately caused by the negligence or willful act of LESSEE, their Page 2 of 11 agents, servants or employees. 7. LESSEE shall promptly execute and fulfill all ordinances of applicable municipal corporations relating to the use of the premises, for the correction, prevention and abatement of nuisances in, upon or connected with said premises at LESSEE's expense. 8. LESSEE agrees not to use or permit the premises or any part thereof to be used for any unlawful purpose or in any way or for any purpose that might invalidate or impair any insurance now or hereafter placed upon the premises is increased above that which would be applicable to the use for which the premises are let by reason of any extra rise in the use of the demised premises, to pay LESSOR the amount of the increase. 9• LESSEE shall, in case of fire or other casualty Y give immediate notice to LESSOR. If the premises be so damaged as to be unfit for occupancy, LESSOR or LESSEE may elect to terminate this lease, in which case LESSEE shall pay rental to the date of such damage, and any prepaid rental, after such date, shall be returned to LESSEE. 10. In case of default in any of the covenants herein, LESSOR may enforce the performance of this lease in any manner provided by law, and this lease may be forfeited at LESSOR's discretion if such default shall continue for a period of ten (10) days after LESSOR notifies said LESSEE of such default and its intention to declare the lease forfeited, such notice to be sent by regular mail to LESSEE's last known address, or delivered to LESSEE in any other manner, including leaving such notice at the demised premises, and thereupon (unless LESSEE shall have completely removed or Page 3 of 11 cured said default) this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof, and LESSOR's agent or attorney shall have the right, without further notice or demand, to re-enter and remove all persons and LESSEE's property therefrom without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR's agent or attorney may resume possession of the premises and re-let the same for the remainder of the term at the best rent said agent or attorney may obtain, for the account of LESSEE, who shall make good any deficiency; and the LESSOR shall have a lien as security for the rent aforesaid upon all the goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are or may be upon the demised premises at the time of default under any of the covenants hereunder, and LESSOR, its agent or attorney, may take possession of such personal property, sell the same and apply the proceeds to any delinquent or future obligation hereunder to the extent necessary to meet such obligation, and the balance remaining, if any, shall be paid to LESSEE. 11. LESSOR shall not be liable to LESSEE or to LESSEE's employees, patrons, or visitors, for any damage to person or property, caused by the act or negligence of any other tenant of said demised premises, or due to the building on said premises or any appurtenances thereof being improperly constructed, or being or becoming out of repair, nor for any damage from the defects or want of repair of any part of the building of which the leased premises form a part, but the LESSEE accepts such premises as suitable for the purposes for which same are leased and accepts the building and each and every appurtenance thereof, and waives defects therein and Page 4 of 11 agrees to hold the LESSOR harmless from all claims for any such damage. 12. LESSEE agrees to indemnify and hold LESSOR harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney fees for the defense thereof, arising from the conduct or management of LESSEE's business in the leased premises or from any breach on the part of Lessee of any conditions of this Lease, or from any act or negligence of LESSEE, its agents, contractors, employees, subtenants, concessionaires, or licenses or in about the leased premises. 13. In the event that the LESSEE shall become bankrupt or shall make a voluntary assignment for the benefit of creditors, or in the event that a receiver of the LESSEE shall be appointed, then, at the option of the LESSOR and upon five (5) days notice to the LESSEE of the exercise of such option, this lease shall cease and come to an end. 14. If, during the term of this lease, there is a taking of the leased premises or so large a part thereof as to render the remainder unsuitable for the continuation of LESSEE's business by any governmental authority under the power of eminent domain, then the LESSOR may elect to terminate this lease or to continue the same in effect but if LESSOR elects to continue the lease, the rental hereunder shall be reduced proportionately to the same extent that the leased premises are taken. The provisions hereof shall be applicable to any conveyance in lieu of condemnation proceedings. All sums awarded or agreed upon between LESSOR and the condemning authority for the taking of the fee or the leasehold interest, whether as damages or as compensation, shall be the property of the LESSOR. Any amount specifically awarded to the LESSEE by the condemning authority for the taking of tenant's trade fixtures or Page 5 of 11 other equipment shall be the property of the LESSEE. 15. LESSOR shall pay and be responsible for any ad valorem tax on said leased premises. LESSEE will be responsible for any taxes or assessments levied against the personal property and trade fixtures of LESSEE. 16. LESSOR shall pay the insurance premiums for fire and other hazard insurance in connection with building and the physical improvements now existing and located upon and attached to said premises. 17. LESSEE, with approval of LESSOR, and at its own expense, may make alterations, additions and improvements in and to said premises. All such alterations, additions and improvements shall belong to LESSOR and become a part of the premises so demised. 18. LESSEE agrees to permit and allow LESSOR, its agents and officers in and upon said demised premises from time to time to inspect the same and make such repairs as LESSOR may think necessary for the proper protection and preservation of the building, following reasonable notice. 19. At the termination of this lease, by lapse of time or otherwise, LESSEE agrees to surrender and yield to LESSOR, immediate peaceful possession thereof, together with all additions and improvements thereto, which are not allowed by LESSOR to be removed; to surrender and turn over to LESSOR all keys to said premises, and deliver possession of the premises in as good condition as received, ordinary wear and tear and damages by fire and other casualty not caused by the negligence or willful act of LESSEE, its agents, servants, or employees, excepted. 20. LESSOR shall have the right to assign in whole or in part, each and every, Page 6 of 11 all and singular its rights under this lease agreement and to convey all or any part of the property and improvements the subject hereof, subject however to the terms and conditions hereof. 21. It is understood and agreed by LESSEE that this lease agreement and its rights hereunder are subject to, subordinate and inferior to the rights of all mortgagees and lienholders holding liens on the demised property at the commencement of the term of this lease and LESSOR shall not be liable for any loss, damage or expense whatsoever resulting to LESSEE from a foreclosure by any such mortgagee or lienholder. 22. It is expressly understood, covenanted and agreed, anything to the contrary herein appearing notwithstanding, that upon the expiration of this lease and any renewal or extension thereof and above described property shall remain the property of LESSOR, together with all improvements, alterations and additions thereto, except such as may be expressly allowed to be removed by LESSOR. LESSEE agrees to repair any and all damage to said premises caused by removal of any improvement, alteration or additions so allowed to be removed by LESSOR. 23. Any holding over by LESSEE after the expiration of the term of this lease shall operate as a tenancy from month-to-month at a rental of$4,200.00 per month. 24. In the event LESSOR or LESSEE breaches any of the terms of this agreement whereby the party not in default employs attorneys to protect or enforce its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attorney fees so incurred by such other party. 25. Words of any gender used in this lease shall be held and construed to Page 7 of 11 include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. 26. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease or provided by law. 27. Lessor and Lessee shall submit in good faith to mediation before filing a suit for damages. 28. All of the covenants, agreements, terms and conditions to be observed and performed by the parties hereto shall be applicable to and binding upon their respective heirs personal representatives, successors, and to the extent assignment is permitted hereunder, their respective assigns. 29. This agreement shall be construed under and in accordance with the laws of the state of Texas. 30. Venue is in the county in which the premises are located, i.e., Jefferson County. 31. Nothing herein contained shall be deemed or construed by the parties hereto, nor by a third party, to be a creation of the relationship of principal and agent, or of partnership, or of joint venture between the parties. Neither computation of rent, nor any other provision contained herein, nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties thereto, other than the relationship of landlord and tenant. 32. Time is of the essence in the performance of all of the obligations hereunder. Page 8 of 11 33. This lease, together with the attached exhibits, is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this lease or to the expressly mentioned exhibits not incorporated in writing in this lease. 34. This lease may be amended only by an instrument in writing signed by Lessor and Lessee. 35. LIMITATIONS OF WARRANTIES. THERE ARE NO IMPLIED WARRANTIED OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. THE PREMISES ARE LEASED "AS IS", "WITH ALL FAULTS." 36. Any notices required by this lease shall be deemed to be delivered (whether or not actually received) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to Lessor or Lessee at their address. 37. Lessor may retain, destroy, or dispose of any property left on the Premises at the end of the term. 38. The LESSEE presently intends to continue this Lease for its entire term; however, in the event the City Council of the City of Beaumont fails to appropriate money for any Fiscal Year sufficient for the continued performance of this Lease, which may be evidenced by a budget ordinance or resolution which does not appropriate any moneys to pay the rental installments due under this Lease, the LESSEE shall endeavor to give notice of such termination not less than sixty (60) days prior to the end Page 9 of 11 of its then current Fiscal Year, and shall notify LESSOR of any anticipated termination. Upon termination for non-appropriation, LESSOR shall have all rights as provided in this agreement. OPTION TO PURCHASE LESSEE is hereby granted an option to purchase the property described above during and prior to the expiration of the lease term as long as LESSEE is not in default of any of LESSEE's obligations pursuant to this agreement. Lessee may exercise this option by submitting to Lessor prior to the expiration of the lease term an Earnest Money Contract utilizing Texas Real Estate Commission forms. The contract will provide that the purchase price will be $450,000.00. One Thousand Five Hundred Dollars ($1,500.00) of each month's rent will be applied to the purchase price. The balance will be paid at closing. At closing, LESSOR and LESSEE will execute such deeds, note, and deeds of trust deemed proper or appropriate. LESSOR and LESSEE will pay normal closing costs and their own attorney fees. LESSOR (SELLER) will provide at SELLER's expense an Owner's Title policy through a title company of his choice. The property will be conveyed "as is" and "without warranty" except warranty of title. The earnest money contract will not provide for an inspection period. Closing will be within thirty (30) days from date of earnest money contract. Page 10 of 11 EXECUTED on the date first above written at Beaumont, Jefferson County, Texas. VANDERBURG INVESTMENTS, INC., CITY OF BEAUMONT By: By: J.Q. Vanderburg, Its President Position: Its Authorized Representative Page 11 of 11 KEY MAP yy i 4Y CAM% l� R `.r M1y( W », 1 X o Z /( �rM(IK MM ILaTI °- ..IS yl !7 COII►ANf S►RI p ° ♦1 C1MlOK[ Sh y n y 117►AXt WG SAM I B City of Beaumont UUE! Council Agenda Item .'Z EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: April 1, 2003 AGENDA MEMO DATE: March 26, 2003 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of Wilford Richard v City of Beaumont. RECOMMENDATION Council approval of a resolution authorizing the settlement of the lawsuit of Wilford Richard v City of Beaumont BACKGROUND Council authorized the settlement of this lawsuit in Executive Session March 25, 2003. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$200,000, to be paid in two sums: $100,000 April 1, 2003 $100,000 October 2, 2003 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the lawsuit of Wilford Richard v City of Beaumont G:\CG\RESOLUTI\CLAIMLAW.DOC\AGEN MEMO-CLAIM\RICHARD-4-03-03.wpd RESOLUTION NO. WHEREAS, the lawsuit of Wilford Richard v City of Beaumont has been discussed in an Executive Session properly called and held Tuesday, March 25, 2003; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the lawsuit of Wilford Richard v City of Beaumont in the amount of Two-Hundred Thousand ($200,000) Dollars payable to Wilford Richard and Ernest Browne, Jr., Attorney. The settlement amount will be paid in two sums: One-Hundred Thousand ($100,000) Dollars due 4/1/03; One-Hundred Thousand ($100,000) Dollars due 10/02/03. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of April, 2003. - Mayor Evelyn M. Lord - G:\CG\RESOLUTI\CLAIMLAW.DOC\RESO-CLAIM\Richard 4-01-03.wpd