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HomeMy WebLinkAboutRES 84-109 R E S O L U T I O N 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 Scott Olive Baptist Church, a copy of which is attached hereto as Exhibit "A" , at a one time license fee of Five Hundred Dollars ( $500) for use of an 8 ' x 300' portion of the east Ewing Street right-of-way. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day oft. 1984. Mayor - �7 THE STATE OF TEXAS X COUNTY OF JEFFERSON X THIS LICENSE, made this day of 1984, between THE CITY OF BEAUMONT, a municipal corporation acting herein by its City Manager, hereunto duly authorized, hereinafter called "Licensor" , and Scott Olive Baptist Church, acting herein by hereinafter called "Licensee." W I T N E S S E T H: That the parties hereto, for the consideration hereinafter expressed, covenant and agree as follows: 1 . Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct , install and maintain a parking area, and other improvements as authorized by the City Engineer, on an 8' x 300' portion of the east right-of-way of Ewing Street between Long and Ashley Avenues, as illustrated in the attached Exhibit A. 2. Licensee shall pay Licensor as compensation for this license the sum of Five Hundred ($500.00) Dollars payable in advance. 3. Licensee shall, at its own cost, locate, construct and maintain the parking area in such a manner and of such material that it will not at anytime be a source of danger to or interfere with vehicular or pedestrial traffic using Ewing Street. Licensee agrees that all work upon or in connection with the parking area shall be done at times and in a manner satisfactory to Licensor. Any street barricading or traffic control devices that may be necessary shall be in accordance with City of Beaumont Standards. 4. Licensee shall, at all times, indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur, or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or Exhibit "A" presence of the parking area. Licensee shall carry personal injury liability insurance in the sum of $500,000.00 aggregate for each accident, property damage liability insurance in the sum of $50,000.00 for each accident, and contractural insurance in the amount of $500,000.00. Such insurance policy shall include coverage of the premises which are the subject of this license; shall be written by a company acceptable to Licensor; shall include Licensor as a named insured; shall be paid for by Licensee, and shall be tiled with the City Clerk of Licensor. All of this shall be done prior to Licensee's entering the premises of Licensor under this license. 5. Licensor, and any franchised utilities or services of the Licensor, reserve the right to make any improvements of the right-of-way premises covered by this license. In doing so, Licensor, and franchised utilities or services of the Licensor, shall not be liable to Licensee for any damage occasioned to the parking area, and Licensee shall not be entitled to prosecute or maintain a claim against Licensor, or any frachised utilities or services of the Licensor, for any such damaged sustained by the parking area. 6. Any notice, requests, instructions or revocation of this license to be given by Licensor to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee or if deposited in the post office, postpaid, addressed to Licensee at Beaumont, Texas. Upon sixty (60) days written notice from Licensor, Licensee shall remove the subject parking area and restore the site to a condition acceptable to Licensor. 7. All the covenants and provisions of this instrument shall be binding upon and ensure to the benefit of the successors, legal representatives, and assigns of the parties to the same extent and effect as the same are binding upon and ensure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives, or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate the day and year above written. THE CITY OF BEAUMONT By: City Manager ATTEST: LICENSOR City Clerk SCOTT OLIVE BAPTIST CHURCH By: ATTEST: LICENSEE so 9 L wue • NP coN c Aom T 50' PROP PARKING 10 *Ago -rr c1c os tva6 �Q n _ O In 0 B L 0 K 19 r . 'o FNP IR.'FMP 1. 1 loo, ~ ALLEY CLO SED 5 3 _ 4 5 OF vr SCoTT._.':._o �.B B_' A, PT C 0 .:i . i 17 AC N j. UL FENCE FNS' 1R' ASHLEY AvF_NUF_ PROP 30dx 8' LICENSE TRACT ® - PROP PARKING - PROP LICENSE TRACT