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HomeMy WebLinkAboutRES 85-113 R E S O L U T I O N WHEREAS, Jerry and Margaret Courville, owners of property at the northeast corner of Mariposa Street and Harrison Avenue, as shown on the attached plat, have found that their commercial building is encroaching on City right-of-way; and, WHEREAS, Mr. and Mrs. Courville have requested the City enter into a license agreement on that portion encroaching on City right-of-way for a one time license fee of $500; NOW, THEREFORE, 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, a copy of which is attached hereto as Exhibit "A" and providing a thirty ( 30) day termination by either party, to Jerry and Margaret Courville to occupy that portion of Harrison Street and Mariposa Street right-of-way on which their building is located. PASSED BY THE CITY COUNCIL of the City of Beaumont this the � day of 1985. - Mayor - LICENSE AGREEMENT STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X This agreement, made this day of 1985 by and between the City of Beaumont, a municipal corporation in Beaumont, Jefferson County, Texas, hereinafter called the "Licensor" and Jerry and Margaret S. Courville, their successors and assigns, hereinafter called "Licensee". Whereas, the Licensor is the owner of a fifty foot by one hundred feet tract of land known as the south fifty feet of Lots 7 and 8, Block 12 of the Jirou Addition, as shown on the plat as Exhibit "A" attached hereto and made a part hereof, situated within the corporate limits of Beaumont, Jefferson County, Texas; and, Whereas, the Licensee desires to exercise certain rights and privileges upon the above described Property; NOW, THEPEFORE, 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, that portion of the above described property on which Licensee has a structure encroaching. The premises upon which Licensee's building encroaches may be occupied and used by Licensee solely in connection with the existing building and for incidental purposes related thereto during the period beginnin- on this date and continuing until this agreement is terminated as hereinafter provided or upon the removal, if ever, of the building by Licensee, their successors or assigns, which ever comes first. No substantial improvements will be allowed without first notifying Licensor of Licensee's intent to improve said structure. Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds twenty-five (25) percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial Exhibit "A" improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects for improve- ment of a structure to comply with existWng state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. In the event all or any portion of Licensee's premises shall be condemned or required for public use, this license shall terminate and Licensee shall not receive any compensation for the taking and/or damaging of the property which is the subject of this license. Licensee shall at all times indemnify and save harmless Licensor against and na-,r 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 presence of building. 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 anv damage occasioned to the building, and Licensee shall not be entitled to prosecute or maintain a claim against Licensor or any franchised utilities or services of the Licensor for any such damage sustained by the building. Licensee shall not permit trees, shrubs or plants to grow or any object to be placed on the street right-of-way immediately adjoining the property in such a manner as to obstruct the view of approaching traffic from the right or left. In consideration for this agreement, the Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00) and other good and valuable consideration. Said sum being non-refundable. 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 tennination date, therein specified. Licensee shall not assign or transfer this license or any part of the premises covered hereby unless he shall first obtain the written permission of the City Manager of the City of Beaumont . Any notice to Licensee, hereunder, shall be sufficient if mailed to Licensee at 908 Mariposa, Beaumont, Texas 77701. 1� IN WITNESS, 1M?IEREOF, the parties hereto have executed this agreement on the day and year first above written. LICEDIS0R City of Beaumont ATTEST: By: Karl Nollenberger LICENSEE By: _ Jerry Courville By: Margaret S. Courville STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on by Karl Nollenber-er, City :Manager of City of Beaumont, as Texas corporation, on behalf of said corporation. Notary Public, State of Texas Typed name of Notary STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on by Jerry Courville. Notary Public, State of Texas Typed name of Notary