HomeMy WebLinkAboutRES 97-34 RESOLUTION NO.
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 License Agreement
with APAC-Texas, Inc. for the use of a 0.589 acre tract out of the C. Williams Survey,
Abstract 59. The Agreement is substantially in the form attached hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
1997.
(:ILL alt,"
- Mayor-
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS:
LICENSE AGREEMENT
THIS AGREEMENT, made this the day of February, 1997 by and
between the City of Beaumont, a municipal corporation in Beaumont, Jefferson County, Texas,
hereinafter called the "Licensor" and APAC-Texas, Inc. hereinafter called the "Licensee".
WHEREAS, the Licensor is the owner of the real property described as being described
in Exhibit "A" attached hereto and made a part hereof for all purposes, and,
WHEREAS, the Licensee desires to exercise certain rights and privileges upon the
property described in Exhibit "A";
NOW, THEREFORE, it is agreed as follows: Licensor hereby grants to Licensee a
License to occupy and use subject to all of the terms and conditions hereof, a License to
temporarily occupy and use the above described property for the purpose of maintaining
construction offices in connection with the construction, reconstruction and widening of FM
364/Major Drive from College Street to Humble Road. Licensee agrees to restrict the use of the
licensed premises to such purpose, and not to use or permit the use of the premises for any other
purpose without first obtaining the consent in writing of Licensor.
In consideration for this agreement, the Licensee shall pay to Licensor the sum of One
Hundred Fifty and No/100 Dollars ($150.00) per month, beginning February 15, 1997 and
payable on the first of each month thereafter.
Licensee shall be responsible at its own expense for the maintenance of the licensed
premises. The premises is to be maintained in a safe, sanitary and a good state of repair.
EXHIBIT "A"
Licensee shall indemnify same and keep harmless Licensor from all liabilities, claims,
damages, judgments, injuries, costs and expenses which may in any manner come against
Licensor in consequence of or resulting from any operations that may be conducted or carried on
on the licensed premises.
Licensee shall carry public liability, bodily injury insurance on the licensed premises in
the amount of$250,000.00 for each person, and $500,000.00 for each occurrence, and property
damage liability insurance in the amount of $100,000.00 for each occurrence, the cost of said
insurance policies is to be borne by Licensee. Said policies of insurance must be approved by
Licensor and must be written by companies acceptable to Licensor. Said policies of insurance
shall name Licensor as an additional insured. Certificates of insurance evidencing said coverage
must be filed with the City Clerk of the City of Beaumont.
Upon completion of said purposes, Licensee shall replace and restore the licensed premises
to the condition in which same was before such work was undertaken and to the satisfaction of
the City Engineer.
This instrument shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties hereto.
This agreement shall terminate upon the following conditions:
(a) Successful completion of the project or discontinuance of the use of the
premises; or
(b) Failure of Licensee to promptly correct any default hereunder after receipt
of notice from Licensor; or
(c) Thirty (30) days written notice by Licensor to Licensee; or
(d) Thirty (30) days written notice by Licensee to Licensor.
This License is personal to the Licensee. It is non-assignable and any attempt to assign
this License will terminate the license privileges grant to Licensee hereunder. This agreement is
terminable by either party by giving written notice to the other specifying the date of termination.
Such notice shall be given not less than thirty (30) days prior to the termination date therein
specified.
Licensee shall comply with all Federal and State laws, ordinances of the City of Beaumont
and other regulations during the term of this License.
Any notice to Licensor hereunder shall be sufficient if mailed to the City Manager of the
City of Beaumont at P. O. Box 3827, Beaumont, Texas 77704.
Any notice to Licensee hereunder shall be sufficient if mailed to APAC-Texas, Inc.,14155
Highway 90, Beaumont, Texas 77707.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement on the day
and year first above written.
LICENSOR, CITY OF BEAUMONT
By
Ray A. Riley, City Manager
LICENSEE, APAC-Texas, Inc.
By
Title
EXHIBIT "A" SUBJECT
RIGHT—OF—WAY a ANNA
MAJOR DRIVE (FM 384)
MriCCK
LICENSE AGREEMENT 'raw """ 7:91
CITY OF BEAUMONT "USES 13
APAC—TEXAS, INC. ° 36
PARCEL 28 �CA a>RD ICA -pc%nT
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0.589 ACRES „�R
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CASEY
C. WILLIAMS SURVEY .aws �
ABSTRACT 59 L
LEGEND „X
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