Loading...
HomeMy WebLinkAboutRES 88-022 AGEND !T!t�LITEII R E S O L U T I O N S BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve an amendment to the Development Agreement with the Stedman Building Partnership in substantially the form attached hereto as Exhibit "A" PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of ' 1988. Mayor - THE STATE OF TEXAS COUNTY OF JEFFERSON DEVELOPMENT AGREEMENT This Development Agreement is made this the day of , 19 , by and between the City of Beaumont, a municipal corporation of the State of Texas (hereinafter referred to as "City" ) and the Stedman Building Partnership, a partnership authorized to do business in the State of Texas (hereinafter referred to as "Stedman Building Partnership" ) . W I T N E S S E T H WHEREAS , the City is in support of efforts for the continued revitalization of the downtown area and wishes to encourage the construction and rehabilitation of a mixed use commercial and retail office building in the downtown area; and, WHEREAS , the parties hereto deem it to be in their mutual interests to cooperate in the development of a mixed use commercial building in the downtown area. Accordingly, the city has determined that the public interest can best be served by the execution of this Development Agreement with the Stedman Building Partnership; and, WHEREAS, during the effective term of this Development Agreement, the parties to this agreement agree to accomplish respective actions and activities, as specified 'herein. it is understood by all parties to this agreement that this Development Agreement may be cancelled in the event that any of the parties Exhibit "A" a a of fail to carry out responsibilities, as agreed herein, or if the project is subsequently determined and mutually agreed by the participants hereto to be infeasible; NOW, THEREFORE, for and in consideration of the mutual promises herein contained and with successful project implementation being the common objective, the parties to this agreement do hereby agree as follows: A. City Commitments 1 ) The City agrees to provide various public improvements necessary for completion of the project. Improvements shall include relocation of overhead utility lines and streetscaping improvements on the public streets bordering the Stedman site. The streetscaping will include sidewalks, curbs and gutters, asphaltic concrete paved streets, lighting and removal of railroad tracks. Funds and other related expenses for the construction of these public improvements shall not exceed Two Hundred Fifteen Thousand Dollars ($215,000 ) for utility relocation and Two Hundred Fifteen Thousand Dollars ($215, 000 ) for streetscaping. It is the City' s exclusive responsibility to coordinate with the appropriate entities the relocation of utility lines. The Stedman Building Partnership agrees to cooperate in the completion of these improvements. 2) The City agrees to make all reasonable efforts to secure a HUD Section 108 loan guarantee in an amount not to exceed the acquisition value of the Stedman property and a designated off-site parking facility. 2 - 3 ) The City '-`.anager of City will recommend to City Council that the project receive historic preservation tax abatement to building site for a maximum of nine ( 9 ) years. 4) The City will assist in facilitating a One Hundred Forty Thousand Dollar (.$140, 000 ) loan from BUILD, Inc. to the developer at a zero percent (0% ) interest rate for a term of ten ( 10 ) years. 5) The City agrees to extend Neches Street to the Liberty/Laurel Connector. 6) City will pursue commitments of assurance from the State Department of Highways and Public Transportation on the timetable for the completion of the Martin Luther King Parkway. B. Stedman Building Partnership Commitment 1 ) Stedman Building Partnership agrees to rehabilitate the Stedman property for purposes of providing mixed use commercial office space and related uses in downtown Beaumont. 2) Prior to the City pursuing any of its obligations hereunder, Stedman Esilding Partnership agrees to exercise its option to purchase t^:e Stedman site, secure adequate financing to complete the construction project and demonstrate, through initiation of the P1-lsical construction itself, that the project will be completed. 3 ) Stedman Building Partnership further agrees to provide evidence of secured =inancing within one hundred twenty ( 120 ) days from the date of execution of this agreement or this agreement will beco-e void unless otherwise mutually agreed upon by and between City and Stedman Building Partnership. 3 - C. Joint Commitments 1 ) The parties jointly agree that the term of this agreement shall be from the date of its execution until the obligations of the parties have been satisfied, unless earlier terminated. 2) This agreement and its terms and conditions are performable in Jefferson County, Texas. Venue of any litigation arising hereunder shall lie in Jefferson County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the day and year above first written. CITY OF BEAUMONT By: Albert E. Haines City Manager STEDMAN BUILDING PARTNERSHIP BY: '- c . President =- - 4 -