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