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Home My WebLink AboutRES 07-251 RESOLUTION NO. 07-251 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 Crockett Street Development dba Crockett Street District for a one(1)year term. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2007. t1 w - Mayor Pro em Audwin Samuel - �j i ofO,cf� i LICENSE STATE OF TEXAS § ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § On the date last indicated below, the City of Beaumont, a municipal corporation of Beaumont, Jefferson County, Texas, (hereinafter called "Licensor"), and Crockett Street Development, by and through Crockett Street District, (hereinafter called "Licensee"), contract and agree as set forth herein. Licensee desires an exclusive license from Licensor to use the real property the subject of this License Agreement described as follows: Crockett Street right-of-way between Main and Pearl Streets(herein"Licensed Premises"). Licensee may limit vehicular access to the Licensed Premises, but may not limit pedestrian access at any time except as follows: Should Licensee desire to limit pedestrian access to the Licensed Premises, they must first provide Licensor with thirty (30) days advance written notice of its intention to do so. If an admission charge is assessed or compensation is paid for use of the Licensed Premises and the event is a "for profit"event, Licensee shall pay to Licensor a fee of ten percent(10%)of the gross receipts for admission to the event. There shall be no fee for "non-profit" events, but Licensor shall still be given at least thirty (30) days notice as set out above. "Non-profit" event, as used in this License, means that 100% of the admission fee for the event is received by the organization for which the event is held and the organization is a charitable organization as defined by the Tax Code of the State of Texas, or the Internal Revenue Code of the United States. Licensee is to provide Licensor with thirty(30)days advance written notice of the events planned for the Licensed Page 1 of 7 EXHIBIT "A" Premises. Should Licensee fail to comply with the notice and fee provisions of this paragraph, this License may be terminated immediately. Licensor shall be allowed to audit the financial records of"for profit"events to verify payment accuracy. Such audit will occur during normal business hours. Truck deliveries to the Crockett Street District will be limited to the Licensed Premises. No truck delivery will be made on either Main or Pearl Streets. Licensed Premises may continue to be occupied and used by Licensee solely in connection with the Crockett Street District and for incidental purposes related thereto during the term of this License or until termination thereof. Said License shall be for a term of one (1) year from and after the date of its approval by the City Council of Licensor. Should the one (1) year term expire, the license will continue from month to month until such date as it is renewed by the City Council. No permanent improvements shall be made upon the Licensed Premises without first obtaining the written consent of Licensor by and through its City Manager or his designee and providing a copy of the notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this License shall be attached to such notice. In the event Licensor, by Resolution of the City Council, determines there is a public need of the subject property or any part thereof, for the benefit of the Licensor or to protect the health, safety or welfare of the public, and it terminates this License or any part thereof, Licensee shall not receive any compensation and the Licensor shall not be liable therefor Page 2 of 7 whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall, at all times of use under this License, be liable for all liability and/or damage claims for injury or death of persons or property from any cause whatsoever relating to the occupancy of the premises by Licensee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Licensed Premises, during the term of this License or any extension thereof. Licensee agrees to indemnify and save harmless Licensor from any and all claims,causes of action,and damages of every kind for injury to or death of any person and damages to property arising out of the occupancy and use of Licensed Premises or the operations embraced by this License and including acts or omissions of Licensorin connection therewith. Licensee shall carry public liability and property damage insurance covering operations hazards, and including Licensee's obligations under the indemnification provision contained in this License (with a company acceptable to Licensor) with Licensor as a named insured in the sum of$1 million in the aggregate. Should Licensor determine at any time during the term of this License Agreement that the above coverage is inadequate, it shall notice Licensee in writing to increase the amount of such insurance so the same shall be adequate. The failure of Licensee to obtain said additional insurance within thirty (30) days of Licensor's request shall constitute a breach of this License. A copy of the original policy shall be filed with the City Clerk. Page 3 of 7 As part of the consideration for this License Agreement, Licensee shall pay to Licensor the sum of$10.00 (Ten and No/100 Dollars), said sum being non-refundable. Licensee recognizes that this License does not affect the use of the Licensed Premises by Licensor or any entity with a franchise to use City rights-of-way. This Agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty(30)days prior to the termination date therein specified. This License is neither assignable nor transferrable except (1) in conjunction with and as part of Licensee's conveyance of all the abutting property and (2) occupancy and use of the Licensed Premises by a lessee leasing abutting property from Licensee(in which case Licensee is not relieved from its obligations owed to Licensor hereunder). This License survives through probate or warranty deed or lease. In any such event, other than lease of abutting property, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying the abutting property. This License shall include the right of Licensee to have balcony structures which extend into the Licensed Premises. Licensee shall be responsible for all maintenance,repair and upkeep of the Licensed Premises, including, but not limited to, brick pavers, decorative lighting, arches and lighting on arches and curbs. Any notice to Licensor shall be sufficient if it is mailed or hand-delivered to the Office of the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas, 77704. Any Page 4 of 7 notice to Licensee shall be sufficient if mailed or hand-delivered to Licensee at 555 Main Street, Beaumont, Texas, 77701. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day of , 2007. LICENSOR CITY OF BEAUMONT By: Kyle Hayes, City Manager LICENSEE CROCKETT STREET DEVELOPMENT dba CROCKETT STREET DISTRICT By: Tom Flanagan, President Crockett Street Development Page 5 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared KYLE HAYES, City Manager of the City of Beaumont, a municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the act and deed of the City of Beaumont. GIVEN under my hand and seal of office this the day of , 2007. Notary Public in and for the State of Texas Page 6 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared TOM FLANAGAN, President of Crockett Street Development, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the Representative of Crockett Street District. GIVEN under my hand and seal of office this the day of , 2007. Notary Public in and for the State of Texas Page 7 of 7