HomeMy WebLinkAboutPACKET MAR 23 2010 RICH WITH OPPORTUNITY
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T - E - X - A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 23, 2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a declaration of intent to reimburse capital expenditures
B) Approve a resolution to adjust charges in the amount of$64,046.58 and authorize the
release of a demolition lien against property described as Lots 1, 2 and 3 of Block 20,
Van Wormer Addition (805 and 855 Crocket Street), Beaumont, Texas
C) Authorize the City Manager to execute a one year lease agreement for the use of property
located at 8155 Phelan Blvd.
D) Approve a resolution authorizing the acquisition of property for the Concord Road
Pavement Widening Project described as Parcel#24, 0.0655 acre out of City Plat D-22,
Tract 12A, pt Tracts 29 and 121, Frederic Bigner Survey(5355 Concord Road)
E) Approve a resolution authorizing the acquisition of property for the Concord Road
Pavement Widening Project described as Parcel#55-B, 0.9483 acre tract out of Thomas
Spear Survey,Abstract No. 50, Beaumont, Jefferson County, Texas (Concord Road)
F) Authorize the City Manager to execute an agreement to participate in the Summer Food
Service Program
G) Authorize the acceptance of a water line and a sanitary sewer line easement to provide
services for the proposed construction of Coastal Waste Disposal
H) Authorize the acceptance of a water line easement to provide water services for Martin
Elementary School
I) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary
sewer improvements in Jehova Jireh Village, Phase II
A
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1111CIA, (
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider approving a declaration of intent to
reimburse capital expenditures.
RECOMMENDATION
Administration recommends a declaration of intent to reimburse the purchase of a Pierce ladder
fire truck and six (6) garbage trucks from proceeds of a lease purchase agreement.
BACKGROUND
On August 4, 2009, by Resolution 09-229, Council approved the purchase of twelve (12) garbage
trucks at a cost of$240,952 each. Six were to be purchased with available funds on hand and six
were to be purchased with proceeds from a lease purchase agreement. Likewise, on August 25,
2009, by Resolution 09-250, Council approved the purchase of a Pierce ladder truck for$832,497
through proceeds from a lease purchase agreement. Then on January 26, 2010, by Resolution 10-
018, Council approved entering into a lease purchase agreement with Chase Equipment Leasing
of Columbus, Ohio with a five (5) year fixed interest rate of 2.73%.
The City received the equipment in January and February 2010. By law the City has thirty(30)
days to pay invoices. Chase Equipment Leasing was to pay the vendors directly for the
equipment purchased, but the lengthy process of finalizing and executing documents for the lease
purchase extended past the net 30 due dates of the equipment invoices from dates of delivery. It
was necessary for the City to make payment to the vendors and request for Chase to fund the
lease purchase as a reimbursement to the City. This requires the Council to approve the
reimbursement through a resolution which meets the IRS requirements for reimbursement of
funds from lease purchase agreements.
BUDGETARY IMPACT
None.
RESOLUTION AND
DECLARATION OF OFFICIAL INTENT
Lessee: CITY OF BEAUMONT
Principal Amount Expected To Be Financed: $2,278,209.00.
WHEREAS, the above Lessee is a political subdivision of and is located in the State
of Texas (the "State") and is duly organized and existing pursuant to the constitution and
laws of the State of Texas.
WHEREAS, pursuant to applicable law,the governing body ofthe Lessee("Governing
Body") is authorized to acquire, dispose of and encumber real and personal property,
including, without limitation, rights and interests in property, leases and easements
necessary to the functions or operations of the Lessee.
WHEREAS, the Governing Body hereby finds and determines that the execution of
one or more lease-purchase agreements ("Equipment Leases") in the principal amount not
exceeding the amount stated above ("Principal Amount") for the purpose of acquiring the
property generally described below("Property") and to be described more specifically in the
Equipment Leases is appropriate and necessary to the functions and operations of the
Lessee.
Brief Description Of Property: Six (6) Autocar ACX64 Refuse Trucks and
One (1) Pierce Aerial Fire Truck
WHEREAS, Chase Equipment Finance, Inc. ("Lessor") is expected to act as the
lessor under the Equipment Leases.
WHEREAS, the Lessee may pay certain capital expenditures in connection with the
Property prior to its receipt of proceeds of the Equipment Leases ("Lease Purchase
Proceeds") for such expenditures and such expenditures are not expected to exceed the
Principal Amount.
WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of
a tax-exempt borrowing to be spent on working capital and the Lessee shall hereby declare
its official intent to be reimbursed for any capital expenditures for Property from the Lease
Purchase Proceeds.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
Either one of the City Manager OR the Chief Financial Officer (each an "Authorized
Representative"), acting on behalf of the Lessee City of Beaumont, is hereby authorized to
negotiate, enter into, execute, and deliver one or more Equipment Leases in substantially
the form set forth in the document presently before the Governing Body, which document
is available for public inspection at the office of the Lessee. Each Authorized Representative
acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and
deliver such other documents relating to the Equipment Lease (including, but not limited to,
escrow agreements) as the Authorized Representative deems necessary and appropriate.
All other related contracts and agreements necessary and incidental to the Equipment
Leases are hereby authorized.
Section 2.
By a written instrument signed by any Authorized Representative, said Authorized
Representative may designate specifically identified officers or employees of the Lessee to
execute and deliver agreements and documents relating to the Equipment Leases on behalf
of the Lessee.
Section 3.
The aggregate original principal amount of the Equipment Leases shall not exceed
the Principal Amount and shall bear interest as set forth in the Equipment Leases and the
Equipment Leases shall contain such options to purchase by the Lessee as set forth therein.
Section 4.
The Lessee's obligations under the Equipment Leases shall be subject to annual
appropriation or renewal by the Governing Body as set forth in each Equipment Lease and
the Lessee's obligations under the Equipment Leases shall not constitute a general
obligations of the Lessee or indebtedness under the Constitution or laws of the State.
Section 5.
The Governing Body of Lessee anticipates that the Lessee may pay certain capital
expenditures in connection with the Property prior to the receipt of the Lease Purchase
Proceeds for the Property. The Governing Body of Lessee hereby declares the Lessee's
official intent to use the Lease Purchase Proceeds to reimburse itself for Property
expenditures. This section of the Resolution is adopted by the Governing Body of Lessee
for the purpose of establishing compliance with the requirements of Section 1.150-2 of
Treasury Regulations. This section of the Resolution does not bind the Lessee to make any
expenditure, incur any indebtedness, or proceed with the purchase of the Property.
Section 6.
This Resolution shall take effect immediately upon its adoption and approval.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March,
2010.
- Mayor Becky Ames -
The undersigned Secretary/Clerk of the above-named Lessee hereby certifies and attests
that the undersigned has access to the official records of the Governing Body of the Lessee,
that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at
a meeting of said Governing Body and that such resolutions have not been amended or
altered and are in full force and effect on the date stated below.
Signature of Secretary/Clerk of Lessee
Print Name:
Official Title:
Date:
B
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11EA,[11�1U111T
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider a resolution to adjust charges in the
amount of$64,046.58 and authorize the release of a
demolition lien against property described as Lots 1, 2 and
3 of Block 20, Van Wormer Addition(805 and 855 Crocket
Street), Beaumont, Texas.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Council authorized the purchase of Lots 1, 2 and 3 of Block 20, Van Wormer Addition(805 and
855 Crockett Street) on July 15, 2008. The property was owned by Arthur Berry of Beaumont
and is needed for the downtown event center and park project. An updated appraisal of the
property was ordered and the value of the property was determined to be $42,000. The amount
of delinquent taxes owed totaled $7,748.48. In addition, in March 2008, the City attached a lien
in the amount of$98,298.10 for the demolition of a dangerous structure.
The property was negotiated with Mr. Berry for the amount due in taxes and a partial release of
the demolition lien in the amount of$34,251.52 from the appraised value of$42,000 resulting in
no payment to Mr. Berry. The deed has since been transferred to the City with the balance of the
demolition lien in the amount of$64,046.58. Staff recommends that the charges be adjusted in
the accounts receivable of the General Fund and the lien be fully released.
BUDGETARYIMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on July 15, 2008, City Council passed Resolution No. 08-203
authorizing the purchase of 805 and 855 Crockett Street, described as Lots 1, 2 and 3 of
Block 20,Van WormerAddition, Beaumont,Texas,for construction of the Downtown Event
Center and Park;
WHEREAS, a 2009 appraisal of the property determined its value to be$42,000.00;
and
WHEREAS,delinquenttaxes on the property totaled $7,748.48 and a demolition lien
in the amount of $98,298.10 was attached to said property;
WHEREAS, the City of Beaumont negotiated the purchase of the property from
Arthur Berry for the amount due in taxes ($7,748.48) and partial release of the demolition
lien in the amount of $34,251.52 for a total of $42,000, resulting in no payment to Mr.
Berry; and
WHEREAS, the deed has been transferred to the City with the balance of the
demolition lien in the amount of $64,046.58;
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 waive the balance of the
demolition lien against the property described as 805 and 855 Crockett Street in the
amount of $64,046.58.
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
execute all documents necessary to evidence the release of the demolition lien against the
property described as Lots 1, 2, and 3 of Block 20, Van Wormer Addition, Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
- Mayor Becky Ames -
C
RICH WITH OPPORTUNITY
1117EAI[11�lcllil
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
Lease Agreement with David Derharoutian.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a one (1)year Lease
Agreement with David Derharoutian(Landlord) for the use of property located at 8155 Phelan
Blvd., Beaumont, Texas.
BACKGROUND
EMS Med No. 4 has operated at 8155 Phelan Blvd., an 800 square foot facility, since April 2004.
The current lease at$1,075.20 per month will expire on March 31, 2010. The Landlord has
proposed a new one (1)year lease with the rental rate of$1,175.20 per month, a$100 per month
increase. The Landlord states this is to cover increased taxes and insurance expenses. The new
lease would begin on April 1, 2010 and end on March 31, 2011.
All other provisions of the lease will remain the same. All utilities will be paid by the City, and
minor maintenance of the facility, such as the air conditioning filter replacement and grounds
maintenance, will be the responsibility of the City. Ingrid Holmes, Public Health Director,
approves of the terms of the proposed new lease.
A copy of the proposed lease in its substantial form is attached for your review.
BUDGETARYIMPACT
Lease payments at $1,175.20 per month amount to $14,102.40 over the term of the lease. Funds
are budgeted in the EMS Division's operating budget.
RESOLUTION NO.
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 one (1) year Lease
Agreement, substantially in the form attached hereto as Exhibit "A," in the amount of
$1,175.20 per month with David Derharoutian (Landlord) for the use of property located at
8155 Phelan Boulevard, Beaumont, Texas, for EMS Med No. 4. The new lease would begin
April 1, 2010, and end on March 31, 2011.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March,
2010.
- Mayor Becky Ames -
4
TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSO IS NOTAUTHORIZED,
VTSxas Assooistion of REALTORSO Mc.2M
Table of Conte
No. Paragraph Description PgZ No. Paragraph Description Pgs
1. Parties 2 22. Holdover 10
2. Leased Premises 2 23. Landlord's Lien &Security Interest 10
3. Term 2 24. Assignment and Subletting 10
A. Term 25. Relocation 11
B. Delay of Occupancy 26. Subordination 11
4. Rent and Expenses 3 27. Estoppel Certificates 11
A. Base Monthly Rent 28. Casualty Loss 11
B. First Full Month's Rent 29. Condemnation 12
C. Prorated Rent 30. Attomey's Fees 12
D. Additional Rent 31. Representations 12
E. Place of Payment 32. Brokers 12
F. Method of Payment 33. Addenda 13
G. Late Charges 34. Notices 13
H. Retumed Checks 35. Special Provisions 13
5. Security Deposit 4 36. Agreement of the Parties 1.4,,.,.
6. Taxes 4
7, Utilities 4
8. Insurance 5 ADDENDA&EXHIBITS (check all that applyl ;
9. Use and Hours 5
10. Legal Compliance 6 ❑ Exhibit
11. Signs 6 ❑ Exhibit
V. Access By Landlord 7 ❑ Commercial Lease Addendum for Broker's Fee
13. Move-In Condition 7 ❑ Commercial Lease Expense Reimbursement
14, Move-Out Condition 7 Addendum
15. Maintenance and Repairs 7 ❑ Commercial Lease Addendum for Extension
A. Cleaning Option
B. Conditions Caused by a Party ❑ Commercial Lease Addendum for Percentage
C. Repair& Maintenance Responsibility Rent
D. Repair Persons ❑ Commercial Lease Parking Addendum
E. HVAC Service Contract ❑ Commercial Landlord's Rules and Regulations
F. Common Areas ❑ Commercial Lease Guaranty
G. Notice of Repairs d Commercial Lease Right of First Refusal
H. Failure to Repair Addendum
16. Alterations 9 ❑ Commercial Lease Addendum for Optional
17. Liens 9 Space
18. Liability 9 ❑ Commercial Leasehold Construction Addendum
19, Indemnity 9 ❑
20. Default 9 ❑
21. Abandonment, Interruption of Utilities,
Removal of Property & Lockout 10
(TAR-2101)5-26-06 Initialed for Identification by Tenant: ,and landlord: Page 1 of 14
American Real Estate 3550 Dowlen,Suite A, Beaumont TX 77706
Phone:409.866,9129 Pax 409.866.4473 Kelli Maness 8155 PHEIAN
Produced with ZipForm7 by RE FormsMK LLC 18025 Fffom Mite Road,Clarion Township,Michigan 48035 7th
EXHIBIT "A"
TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®I$NOT AUTHORIZED.
*Texas Assocladon of REALTORS ino.OW
1. PARTIES: The parties to this lease are:
Tenant: CITY of BEAUMONT
P.Q. BOX 3827 BEAUMONT 77704
.� TX. ; and
Landlord: DAVID DERHARQUTIM
2. LEASED PREMISES:
A. Landlord leases to Tenant the following described real property, known as the "leased premises," along
with all its improvements (Check only one box):
(1) Multiple-Tenant Prole Suite or Unit Number containing approximately
square feet of rentable area In (project name)
at
(address) in (city), (county),
Texas, which is legally described on attached Exhibit or as follows:
(2) Single-Tenant ProW tky: The real property at: 8155 PHA_
(address) in
BEAUMONNT (city), JZ91=0 (county), Texas,which
is legally described on attached Exhibit c WILLIA14S or as follows:
ARSTRMT 59__TR_72—A SP-6 BLK, 1S
B. If Paragraph 2A(1) applies:
(1) "Property" means the building or complex in which the leased premises are located, inclusive of
any common areas, drives, parking areas, and walks; and
(2) the parties agree that the rentable area of the leased premises may not equal the actual or useable
area within the leased premises and may include an allocation of common areas in the Property.
3. TERM:
A. Term: The term of this lease is 12 months and 0 days, commencing on:
_Anril 1. 2010 (Commencement Date) and ending on
March 31, 2411 (Expiration Date).
(TAR-2101) 5-26-06 Initialed for Identification by Tenant: and Landlord: Page 2 of 14
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8155 PHELAN
Commercial Lease concerning: BEAUMONT TX 77706
B. Delay of Occupancy If Tenant is unable to occupy the leased premises on the Commencement Date
because of construction on the leased premises to be completed by Landlord that is not substantially
complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant
for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement
Date will automatically be extended to the date Tenant is able to occupy the Property and the
Expiration Date will also be extended by a like number of days, so that the length of this lease remains
unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the
Commencement Date because of construction on the leased premises to be completed by Landlord
that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may
terminate this lease by giving written notice to Landlord before the leased premises become available
to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant.
This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs.
C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for
the leased premises if required by a governmental body.
4. RENT AND EXPENSES:
A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay
Landlord base monthly rent as described on attached Exhibit N/A or as follows:
from April 1, 2010 to March 31, 2011 $ J-175,20 ;
from to $ ;
from to $
from to $ ;
from to $
B. First Full Month's Rent:The first full base monthly rent is due on or before _pril 1�, 2010
C. ProraLgd Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will
pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following
fraction: the number of days from the Commencement Date to the first day of the following month
divided.by the number of days in the month in which this lease commences. The prorated rent is due
on or before the Commencement Date.
D. Additional,Rent: In addition to the base monthly rent and prorated rent, Tenant will pay Landlord all
other amounts, as provided by the attached ((>eck all that apply.):
(� (1) Commercial Expense Reimbursement Addendum
[� (2) Commercial Percentage Rent Addendum
[� (3) Commercial Parking Addendum
Ct (4)
All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this
lease.
E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person
at the place stated or to such other person or place as Landlord may later designate in writing:
Name: Day-= DzB9NM UTIAN c/o STACY. JXMTER
Address: BEAUMONT AREA FEDERAL cgArD; EaTioN
F. Method o Pgyment: Tenant must pay all rent timely without demand, deduction, or offset, except as
permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any
check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after
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Commercial Lease concerning: BIM NT TX 77706
providing written notice to Tenant may require Tenant to pay subsequent amounts that become due
under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies
under this lease for Tenant's failure to make timely payments with good funds.
G. Laig Charges: If Landlord does not ;dally recede a rent payment at the designated place of payment
within 5 days after the date it is due, Tenant will pay Landlord a late charge equal to 6% of the amount
due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost
associated with the collection of rent and Landlord's acceptance of a late charge does not waive
Landlord's right to exercise remedies under Paragraph 20,
H. Returned Checks: Tenant will pay$25.00 (not to exceed$25)for each check
Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus
any late charges until Landlord receives payment.
5. SECURITY DEPOSIT:
A. Upon execution of this lease,Tenant will pay$ N/A to Landlord as a security
deposit.
B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord
applies any part of the security deposit during any time this lease is in effect to amounts owed by
Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to
the amount stated.
C. .Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of
Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward
amounts owed by Tenant or other charges authorized by this lease.
S. TAXES:. Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes
assessed against the leased premises.
7. UTILITIES:
A. The party designated below will pay for the following utility charges to the leased premises and any
connection charges for the utilities. (Check all that apply.)
NIA Landlord Tenaa
(1) Water 13 Q Im
(2) Sewer Cl I3 Q
(3) Electric Q
(4) Gas Uk
(5) Telephone ❑
(6) Trash
(7) Cable [x
(8) ❑ D [
(9) All other utilities a Q [�
B. The party responsible for the charges under paragraph 7A will pay the charges directly to the utility
service provider. The responsible party may select the utility service provider except that if Tenant
selects the provider, any access or alterations to the Property or leased premises necessary for the
utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold.
If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and
Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse
Landlord such amount.
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8155 PHELAN
Commercial Lease concerning: BEAUMONT TX 77706
C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and
are adequate for Tenant's intended use.
D. After-Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the
leased premises. (Check one box only.)
[� (1) Landlord is obligated to provide the HVAC services to the leased premises only during the
Property's operating hours specified under Paragraph 9C.
Q (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified
under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC
services to the leased premises during other hours for an additional charge of$
per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of
Landlord's invoice. Hourly charges are charged on a half-lour basis. Any partial hour will be
rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request
to provide the additional HVAC services under this paragraph.
[� (3) Tenant wil) pay for the HVAC services under this lease.
8. INSURANCE: CITY IS SELF INSURED.
A, uring all times this lease is in effect, Tenant must, at Tenant's expense, maintain in full force and
fro n insurer authorized to operate in Texas:
(1) pub 'ability insurance in an amount not less than $1,000,000.00 on an occurren sis naming
Landlor n additional insured; and
(2) personal pro damage insurance for Tenant's business operations an ntents on the leased
premises in an amo sufficient to replace such contents after a casu oss.
B. Before the Commencement D , Tenant must provide Landio h a copy of Insurance certificates
evidencing the required coverage. i insurance covers renewed or changes In any manner or
degree at any time this lease is in effec , enant m , not later than 10 days after the renewal or
change, provide Landlord a copy of an insuranc r irate evidencing the renewal or change.
C. If Tenant fails to maintain the required in anee in full and effect at all times this lease is in effect,
Landlord may:
(1) purchase insurance that ' provide Landlord the same cov a as the required insurance and
Tenant must immedi reimburse Landlord for such expense; or
(2) exercise Landlo remedies under Paragraph 20.
D. Unless the 'es agree otherwise, Landlord will maintain in full force and effect in nce for: (1) fire
and a ded coverage in an amount to cover the reasonable replacement cost of the im ements of
roperty; and (2) any public liability insurance in an amount that Landlord determines re able
and appropriate.
E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its
contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by
or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately
after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be
equal to the actual amount of the increase in Landlord's insurance premium.
9. USE AND HOURS:
A. Tenant may use the leased premises for the following purpose and no other:ZNzB2ErTcY MEDIcAL
SF,RVICF,f FOR CITY OF BEAUMONT. INCLUDINQ STORAGE OF R _FNCY 1791T AND LInN_
QUARTERS FOR EMPLOYEES.
(TAR-2101)5-263,06 Initialed for Identification by Tenant: and Landlord: Page 5 of 14
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8155 PHE;LAN
Commercial Lease concerning: BEAUMONT TX 77706
B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased
premises during business hours that are typical of the industry in which Tenant represents it operates.
C. The Property maintains operating hours of(specify hours, days of week, and if inclusive or exclusive of
weekends and holidays): 24 HOURS A DAY S VEN DAYS A WEEK
10. LEGAL COMPLIANCE:
A. Tenant may not use or permit any part of the leased premises or the Property to be used for:
(1) any activity which is a nuisance or is offensive, noisy, or dangerous;
(2) any activity that interferes with any other tenant's normal business operations or Landlord's
management of the Property;
(3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant,
governmental order, owners' association rules, tenants' association rules, Landlord's rules or
regulations, or this lease;
(4) any hazardous activity that would require any insurance premium on the Property or leased premises
to increase or that would void any such insurance;
(5) any activity that violates any applicable federal, state, or local law, including but not limited to those
laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air
emissions, or other environmental matters;
(6) the permanent or temporary storage of any hazardous material;or
(7)
B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material,
hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law,
regulation, ordinance, or rule existing as of the date of this lease or later enacted.
C. Landlord does not represent or warrant that the leased premises or Property conform to applicable
restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio
requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that
the leased premises may be yid as Tenant intends by independently inve§fMattln„g all matters related to
the use of the leased premises or Property, Telian t agrees t a il is not relvina o -= warranly or
representation made JW Landlord. Lg�n lord's agent,o_qn_y broke r_concerning 1he use,Qf lb2 leased
premises or PrQpgrty.
11.SIGNS:
A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without
Landlord's written consent. Landlord may remove any unauthorized sign, and Tenant will promptly
reimburse Landlord for its cost to remove any unauthorized sign.
B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental
order relating to signs on the leased premises or Property. Landlord may temporarily remove any
authorized sign to complete repairs or alterations to the leased premises or the Property.
C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any
signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the
Landlord and must be surrendered to Landlord at the time this lease ends,
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12.ACCESS BY LANDLORD:
A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable
purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the
leased premises to prospective tenants or purchasers. Landlord may access the leased premises after
Tenant's normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary
to complete emergency repairs. Landlord will not unreasonably interfere with Tenants business
operations when accessing the leased premises.
B. During the last___20 days of this lease, Landlord may place a "For Lease"or similarly worded sign in
the leased premises.
13. MOVE-IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as-is)
condition unless expressly noted otherwise in this lease. Landlord and any agent have made no express ogr
implied warranties as to the condition or permitted use of the leased premiNsQr Property,
14. MOVE-OUT CONDITION AND FORFEITURE OF TENANTS PERSONAL.PROPERTY:
A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when
received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition
free of all trash, debris, personal property, hazardous materials, and environmental contaminants.
B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the
leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal
property by providing written notice to Tenant; or (2) retain such personal property as forfeited property
to Landlord.
C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord.
"Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or
abuse.
D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any
fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must
be surrendered to Landlord at the time this lease ends.
16. MAINTENANCE AND REPAIRS:
A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all
garbage in appropriate receptacles. Q Landlord [a Tenant will provide, at its expense, janitorial
services to the leased premises that are customary and ordinary for the property type. Tenant will
maintain any grease trap on the Property which Tenant uses, including but not limited to periodic
emptying and cleaning, as well as making any modification to the grease trap that may be necessary to
comply with any applicable law.
B_ Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair
that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees,
contractors or permitted subtenants.
C. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 15, the party
designated below, at its expense, is responsible to maintain and repair the following specified items in
the leased premises (if any). The specked items must be maintained in clean and good operable
condition. If a governmental regulation or order requires a modification to any of the specified items, the
party designated to maintain the item must complete and pay the expense of the modification. The
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specified items include and relate only to real property in the leased premises. Tenant is responsible for
the repair and maintenance of its personal property. (Check all that apply.)
Landlord Tenant
(1) Foundation, exterior walls, roof, and other structural components
(2) Glass and windows
(3) Fire protection equipment and fire sprinkler systems
(4) Exterior & overhead doors, including closure devices, molding ❑ [� (�
locks, and hardware
(5) Grounds maintenance, including landscaping and irrigation E3 ova
systems ca m
(6) Interior doors, including closure devices, frames, molding, locks,
and hardware
(7) Parking areas and walks Q [� g
(8) Plumbing systems, drainage systems, electrical systems, and [�
mechanical systems, except systems or items specifically
designated otherwise
(9) Ballast and lamp replacement Q a
(10) Heating, Ventilation and Air Conditioning (HVAC) systems
(11) Signs and lighting:
(a) Pylon g [�
(b) Facia
(c) Monument a [�
(d) Door/Suite
(12) Extermination and pest control, excluding wood-destroying insects
(13) Fences and Gates
(14) Storage yards and storage buildings
(15) Wood-destroying insect treatment and repairs
(16) Cranes and related systems W g Ell
(17)
(19) All other items and systems.
D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons.
E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(10), Tenants is
Q is not required to maintain, at its expense, a regularly scheduled maintenance and service contract
for the HVAC system. The maintenance and service contract must be purchased from a HVAC
maintenance company that regularly provides such contracts to similar properties. If Tenant fails to
maintain a required HVAC maintenance and service contract in effect. at all times during this lease,
Landlord may do so and charge Tenant the expense of such a maintenance and service contract or
exercise Landlord's remedies under Paragraph 20.
F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord
determines to be in the best Interest of the Property. Landlord will maintain any elevator and signs in
the common area. Landlord may change the size, dimension, and location of any common areas,
provided that such change does not materially impair Tenant's use and access to the leased premises,
Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules
and restrictions. Tenant may not solicit any business in the common areas or interfere with any other
person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2) applies,
II
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G. Notice Qf Repairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is
Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing.
H. Failure to Repair. Landlord must make a repair for which Landlord is responsible within a reasonable
period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to
repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides
Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the
item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse
Landlord for the cost to repair or maintain; or(2) exercise Landlord's remedies under Paragraph 20.
16. ALTERATIONS:
A. Tenant may not alter, improve, or add to the Property or the leased premises without Landlord's written
consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable
non-structural alterations, modifications, or improvements to the leased premises.
B. Tenant may not alter any locks or any security devices on the Property or the leased premises without
Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other
security devices, Tenant must immediately deliver the new keys and access devices to Landlord.
C. if a governmental order requires alteration or modification to the leased premises, the party obligated to
maintain and repair the item to be modified or altered as designated in Paragraph 15 will., at its
expense, modify or alter the item in compliance with the order and in compliance with Paragraphs 16A
and 17.
D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by
either party during the term of this lease will become Landlord's property and must be surrendered to
Landlord at the time this lease ends, except for those fbctures Landlord requires Tenant to remove
under Paragraph 11 or 14 or if the parties agree otherwise in writing,
17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be
encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises,
Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of
record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant
obtains pursuant to this paragraph.
18. LIABILITY: To the extent 1ermitted by law. Landlord is NOT responsible to Tenant Tenant's employees
patrons. guests, of irtyjtees for any damages injuries or losses to person or property caused by:
A. an act, omission or neglect of-, Tenant: Tenant's agent; Tenant's guoti,rynant's employees: Tenant's
patrons:Tenant's invitees or any g1her tenant on the Pro-ft
B. fire food. Watg leaks, ice. snow. bg:L winds. eMlosion. smoke,_dgl strike, interrupbonQ utilities.
thej burglary. robbery, assault. .vandalism. other persons, environmental contaMinanW,__gr other
occurrences or caspalty losses.
will be responsible for
19. INDEMNITY: ch party hm-from r damage.
rs n injury..suits. ns liabilities. es co airs or service to the leased
Pro Q any other loss aus nggli e t �_otherwise.�y that� or the a 's employees.
patrons, r invitees. /l
20. DEFAULT: caused �\�-a\5 �a�a`\y
W
A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's
failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. 1f,
however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not
be in default if the cure is commenced within the 30-day period and is diligently pursued.
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B. If Landlord does not actually receive at the place designated for payment any rent due under this lease
within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any
other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in
default.
C. If Tenant is in default, Landlord may: (I) terminate Tenant's right to occupy the leased premises by
providing Tenant with at least 3 days written notice; and (ii) accelerate all rents which are payable
during the remainder of this lease or any renewal period without notice or demand, Landlord will
attempt to mitigate any damage or loss caused by Tenant's breach by using commercially reasonable
means. If Tenant Is In default, Tenant will be liable for:
(1) any lost rent;
(2) Landlord's cost of reletting the leased premises, including brokerage fees, advertising fees, and
other fees necessary to relet the leased premises;
(3) repairs to the leased premises for use beyond normal wear and tear;
(4) all Landlord's costs associated with eviction of Tenant, such as attorney's fees, court costs, and
prejudgment interest;
(5) all Landlord's costs associated with collection of rent such as collection fees, late charges, and
returned check charges;
(6) cost of removing any of Tenant's equipment or fixtures left on the leased premises or Property;
(7) cost to remove any trash, debris, personal property, hazardous materials, or environmental
contaminants left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased
premises or Property;
(8) cost to replace any unreturned keys or access devices to the leased premises, parking areas, or
Property;
(9) any other recovery to which Landlord may be entitled under this lease or under law.
21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT:
Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a)
abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d)
"lock-out" of Tenant.
b
L
22. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become c
tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord. cc
No holding over by Tenant, with or without the consent of Landlord, will extend this lease.meant-- --
indemfift 6andIeFd and any 19Fespeetive tenamto fef any and a" damages soused by the . Rent for
any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily
basis and will be immediately due and payable daily without notice or demand.
23. SECURITY INTEREST: To secure Tenant's perfdrman se, c
Tenant rants to Landlor a t t against exemot Mrsonal proQe m
Ltw—is 1n the leased remises or ase Is or the purposes of the
Unifo e. andlord may file a copy of this lease as a financin s a
24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the
Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's
written consent. An assignment of this lease or subletting of the leased premises without Landlord's written
consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises,
Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or
sublease is made with or without the consent of Landlord.
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25. RELOCATION:
[� A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant
to relocate to another location in the Property, provided that the other location is equal in size or larger
than the leased premises then occupied by Tenant and contains similar leasehold improvements.
Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location.
"Moving expenses" means reasonable expenses payable to professional movers, utility companies for
connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office
equipment required by the relocation, and printing companies for reprinting Tenant's stationary and
business cards. A relocation of Tenant will not change or affect any other provision of this lease that is
then in effect, including rent and reimbursement amounts, except that the description of the suite or
unit number will automatically be amended.
B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior
consent.
26. SUBORDINATION:
A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to:
(1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the
Property that Landlord authorizes;
(2) all advances made under any such lien, encumbrance, or ground lease;
(3) the interest payable on any such lien or encumbrance;
(4) any and all renewals and extensions of any such lien, encumbrance, or ground lease;
(5) any restrictive covenant affecting the leased premises or the Property; and
(6) the rights of any owners' association affecting the leased premises or Property.
B. Tenant must, on demand, execute a subordination, attornment, and non-disturbance agreement that
Landlord may request that Tenant execute, provided that such agreement is made on the condition that
this lease and Tenant's rights under this lease are recognized by the lien-holder.
27.
28. CASUALTY LOSS: Tenant Landlord
Initials Initials
A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days
after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are
less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially
restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss.
B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notes Landlord of the casualty, Landlord will restore the leased
premises to substantially the same condition as before the casualty. If Landlord fails to substantially
restore within the time required, Tenant may terminate this lease.
C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate
this lease; or (2) restore the leased premises to substantially the same condition as before the
casualty. If Landlord chooses to restore and does not substantially restore the leased premises within
the time required, Tenant may terminate this lease.
D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120
days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and
terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give
Tenant the option to terminate this lease by notifying Landlord within 10 days.
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E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant
notifies Landlord of the casualty loss to the date the [eased premises are substantially restored by an
amount proportionate to the extent the leased premises are unusable.
29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are
totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or
purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes
of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the
leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the
property of Landlord and Tenant has no claim to such proceeds or award.Tenant may seek compensation
from the condemning authority for its moving expenses and damages to Tenant's personal property.
30. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or
related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable
attorney's fees, and all other costs of litigation from the nonprevailing party.
31. REPRESENTATIONS:
A. Tenant's statements in this lease and any application for rental are material representations relied upon
by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a
binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this
lease or in any application for rental, Tenant is in default.
B. Landlord is not aware of any material defect on the Property that would affect the health and safety of
an ordinary person or any environmental hazard on or affecting the Property that would affect the
health or safety of an ordinary person, except:
C. Each party and each signatory to this lease represents that: (1) it is not a person named as a Specially
Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not
acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is
not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated
and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and
Blocked person will indemnify and hold harmless any other person who relies on this representation
and who suffers any claim, damage, loss, liability or expense as a result of this representation.
32. BROKERS:
A. The brokers to this lease are:
AMERICAN REAL ESTATE - KELLI XANESS
Cooperating Broker License W. Pnnoipal Broker License No.
3550 DOWLEN BEAUMON'T, TEXAS 77706
Address Address
(409)860-2914 (409)866-4473
Phone Fax Phone Fax
kmaness @americanrealestate.com
E-mail E-mail
Cooperating Broker represents Tenant. Principal Broker: (Check only one box)
0 represents Landlord only.
D representsTenant only.
[l is an intermediary between Landlord and Tenant.
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B. Fees:
[y (1) Principal Broker's fee will be paid according to: (Check only one box),
Zk (a) a separate written commission agreement between Principal Broker and:
Cl Landlord Ej Tenant.
(b) the attached Addendum for Broker's Fee.
[� (2) Cooperating Broker's fee will be paid according to: (Check only one box).
C� (a) a separate written commission agreement between Cooperating Broker and:
Ej Principal Broker Q Landlord Q Tenant.
[� (b) the attached Addendum for Broker's Fee.
33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the
Addenda and Exhibit section of the Table of Contents. if Landlord's Rules and Regulations are made part
of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion,
amend from time to time.
34. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by
mail, or sent by facsimile transmission to:
Tenant at the leased premises,
and a copy to:CITY 9F BEAUMONT
Address: P.O. BOX 3827 BEAU;.', TX, 7?2Q4
Phone: Fax:
(�Tenant also consents to receive notices by e-mail at:
a I at: DAVID D&EH RMIAN
Address: 8114 High Terrapg Sugar wand, TX. 77479
Phone: Fax:
and a copy to:DAVID DERHAROUTIAN
Address: E-MAIL; davi dQr_barout1a2@onlina.de
Phone:.(§95)141-960006 Fax:
(�Landlord also consents to receive notices by e-mail at:
35. SPECIAL PROVISIONS:
MONTHLY REN'T'S TO BE MAILED TO:
STACY TYWATER
BEAU14ONT AREA EDUCATORS FEDERAL CREDIT UNION
P.O. BOX 751
BEAUMONT, TEXAS 77704
All improvements to 8155 Phelan will stay with the property.
If existing carpet is removed, it should be replaced.
Tenant responsible for carport & electricity to carport.
Either party may terminate this lease by providing thirty (30)
days written notice.
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36, AGREEMENT OF PARTIES:
A. Entire Agreement:This lease contains the entire agreement between Landlord and Tenant and may not
be changed except by written agreement.
S. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective
heirs, executors, administrators, successors, and permitted assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or
notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease,
Its renewal, or its termination is binding on all Tenants.
D. Controllina Law: The laws of the State of Texas govern the interpretation, performance, and
enforcement of this lease.
E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the
remainder of this lease will not be affected and all other provisions of this lease will remain valid and
enforceable.
F. ai er Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien,
rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by
Tenant or any other term in this lease.
G. Qgjg nioyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant
will enjoy possession and use of the leased premises free from material interference,
H. Force Majeure: If Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage
of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for
Landlord's performance will be abated until after the delay.
I. Time. Time is of the essence. The parties require strict compliance with the times for performance.
Brokers are not qualified to render legal advice, property inspections, surreys, engineering studies,
environmental assessments, tau advice, or compliance inspections. The parties should seek experts to
render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease,
consult your attorney BEFORE signing.
CITY OF BEAUMONT DAVID DERHAROUTIAN
Tenant Landlord
By By
Printed Name xyle Haves, city Manager Date Name Printed N DA
Title -- Y_ID DEP;FiAROIITIAN Date
Title
Tenant Landlord
By By
Printed Name Date Printed Name Date
Title Title
(TAR-2101)5-26-06
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mm
8155 PMAN
Legal Department
P.O. Box 3827
IN K, Beaumont,Texas 77704-3827
Tel. (409) 880-3715
City of 17�j eaumont Fax(409) 880-3121
March 3, 2010
To Whom It May Concern
The City of Beaumont is currently self-insured for all lines of coverage normally
made available under the Texas Business Auto Policy. Comprehensive and collision
accidents are paid as normal operating expenses. The City has a self-insured trust fund
from which it pays all liability claims. The City currently purchases insurance for real and
personal property. All real and personal property are protected by all risk type coverage
including flood. Real and personal property are subject to a $50,000 deductible.
If we can be of further assistance to you or provide you with additional information,
please do not hesitate to contact us.
Very truly yours,
Matthew Martin, AIC, ARM
Liability Administrator
MM:rw
D
RICH WITH OPPORTUNITY
11EA,[1M011T
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider a resolution authorizing the acquisition
of property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the
acquisition of property for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-seven (67)
parcels of land from East Lucas to Highway 105 are being acquired. The owners of the
property listed below, have agreed to convey their property to the City:
Parcel #24 0.0655 acre out of City Plat D-22, Tract 12A, pt Tracts 29 and 121,
Frederic Bigner Survey (5355 Concord Road)
Value: $11,000.00
Owners: Voice of Grace for Jesus, Inc.
BUDGETARY IMPACT
Funds are available in the Capital Program.
engvoiceofgrace-ib.wpd
5 March 2010
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit"A" and shown on Exhibits "B" and "C,"attached hereto, for
the Concord Road Pavement Widening Project:
Parcel #24 0.0655 acre out of City Plat D-22, Tract 12A, pt Tracts 29 and
121, Frederic Bigner Survey(5355 Concord Road)
Value: $11,000.00
Owners: Voice of Grace for Jesus, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
- Mayor Becky Ames -
February 2009
Parcel 24
Page 1 of 4
EXHIBIT_
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 24
Being a 0.0655 acre (2852 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, and the A. Williams Survey, Abstract No. 385, said tract being out of and
part of a certain 1.472 acre tract having been conveyed to A Voice of Grace for Jesus
Incorporated from Benny Thomas Evangelistic Association, Inc., by deed dated October
3, 1996, and being recorded under Clerk's File 9630664 of the Real Property records of
Jefferson County, Texas, said 0.0655 acre of land being more particularly described as
follows;
COMMENCING at an 5/8" iron rod found for the most Southeasterly corner of the
said A Voice of Grace for Jesus Incorporated tract and being in the West line of
Trotman Road;
THENCE, NORTH 24°07'13" EAST along the West line of Trotman Road for a
distance of 141.67 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW
Monument" set for corner in the proposed Southwest right-of-way line of Concord
Road, said point being the POINT OF BEGINNING of the parcel herein described;
1) THENCE, NORTH 54 030'26" WEST, along the proposed Southwest right-of-way of
Concord Road for a distance of 305.28 feet to a 5/8" iron rod with cap stamped "City
of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-
way line of Concord Road, said corner being in the Northwest line of the said A
Voice of Grace for Jesus Incorporated tract and also in the East right-of-way of
Singleton Road;
2) THENCE, NORTH 22 032'22" EAST, along the East right-of-way of Singleton Road
for a distance of 9.43 feet to a point for corner, said corner being the most Northerly
corner of the said A Voice of Grace for Jesus Incorporated tract and in the existing
Southwesterly right-of-way of Concord Road;
3) THENCE, SOUTH 54 033'44" EAST along the existing Southwesterly right-of-way of
Concord Road a distance of 305.48 feet to a point for corner, said point being the
most Easterly corner of the said A Voice of Grace for Jesus Incorporated tract, and
in the West right-of-way of Trotman Road;
4) THENCE SOUTH 24°07'13" WEST, along the West right-of-way of Trotman Road
for a distance of 9.67 feet to the POINT OF BEGINNING and containing 0.0655 acre
(2852 square feet) of land.
EXHIBIT "A"
February 2009
Parcel 24
Page 2 of 4
EXHIBIT
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed February 2009
GIVEN UNDER MY HAND AND SEAL THIS THEE DAY OF FEBRUARY 2009.
a�\OFER�+\�
M.W.° iHITELEY
......6
Mark W. Whiteley, RPLS #3636
LEGEND
■ SET 5/8" 1. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT"
TXDOT CONTROL MONUMENT
xx PARCEL NUMBER S�RV�S
0 FND PROPERTY CORNER AS NOTED
POWER POLE CONCORD ROAD P �BSTRP
PROPOSED ROW LINE
EXISTING ROW LINE
4 P.O.B.
PROPERTY LINE PARCEL 24
SURVEY LINE o
in CALLED 1.472 ACRES
COUNTY LINE z A VOICE OF GRACE FOR n
JESUS INCORPORATED z
�^ OCTOBER 3, 1996
Z CF. NO. 96JO664 0
OPRJC o
CALLED 1.11 ACRES o P.O.0 PARCEL 24
FRANCES CLOUCHE BOWMAN o FND. 5/8" l. ROD
& DELIA CLOUCHE
OCTOBER 24, 2000
CF. NO. 2000040352
OPRJC
5�gv�l
FND 518" F PB5TR
1. ROD
PARENT TRACT
N.T.S.
NOTES:
EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAO 83), 1993 ADJUSTMENT.
ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A
COMBINED ADJUSTMENT FACTOR OF .
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
° O F TF
T`EL Y
4 EXISTING TAKING REMAINING
A CRES S.F.
ACRES /( ) ACRES
PARCEL 24,
"°^•�x��,G" 1. 472 0, 0655/(28
52) 1. 4065
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED PARCEL PLAT
CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS PARCEL 24
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 EASTEX FRWY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' FEBRUARY 2009
409-892-0421 (FAX) 409-892-134°
EXHIBIT "B" SHEET 3 OF 4
N54°30 26 W 1 552.99 —1 67+00 PROPOSED BASELINE
0 N C O R D ROAD (S46°49'22"E 305.18')
4'33'44"E 305.48" EXISTING RIGHT OF WAY
168+93,00 ��1Z N54'30'26"W 305.28' ��
40.00L� ?N' —� -x 165+87.72 PROPOSED RIGHT OF WAY
N. o '-"4< 0 L T
cA N v \
� 24 P.O.B. PAR. 24 N�
Z�� C5 ,'o
VTl Q
sot
CALLED 1.472 ACRES
A VOICE OF GRACE FOR
JESUS INCORPORATED P.O.C. PAR. 24 - \ ��'�' �
�y
OCTOBER 630664 FND 5/8" P C
= I. ROD
Q OPRJC
s
FND 5/D8
1. 0 " `S�� ���o. PARCEL PLAT
SHOWING
PARCEL 24
LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY
L 1 N22°32'22"E 9.43'
L2 S24°07'13"W 9.67' SCALE 1 " = 50' FEBRUARY 2009
SHEET 4 OF 4
RICH WITH OPPORTUNITY
11EA,[114011T
z • E x A , s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warnefr,,Director of Public Works
MEETING DATE: March 23, 2009
REQUESTED ACTION: Council consider a resolution authorizing the acquisition
of property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the
acquisition of property for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-three (63)
parcels of land from East Lucas to Highway 105 are being acquired. The owners of the
property listed below, have agreed to convey their property to the City:
Parcel #55-B 0.9483 acre tract out of Thomas Spear Survey, Abstract No. 50,
Beaumont, Jefferson County, Texas
(Concord Road) Value: $198,000.00
Owners: Scott Walker, Cliff Walker, Mark Walker
BUDGETARY IMPACT
Funds are available in the Capital Program.
C:\Agenda's\55-B.wpd
AGREEMENT
PROJECT: Concord Road Pavement Widening Project
Parcel 55-B
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
This agreement between Roger Scott Walker, et al of the County of Jefferson, State of Texas,
hereinafter called GRANTORS,and the City of Beaumont,Texas,acting by and through its duly author-
ized Agent,hereinafter called GRANTEE,witnesseth:
CITY OF BEAUMONT and the GRANTORS above recited have reached an agreement wherein
the GRANTORS are to convey to the CITY OF BEAUMONT property described fully in a Special War-
ranty Deed to be executed by GRANTORS, to which reference is hereby made for complete description,
said property being briefly described as follows:
0.9483 acre tract out of the Thomas Spear Survey,Abstract No. 50,Beaumont,Jefferson
County,Texas.
The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT
will pay GRANTORS as follows:
ONE HUNDRED NINETY EIGHT THOUSAND($198,000.00)DOLLARS.
All liens and taxes(either current or delinquent)will be deducted.
It is further agreed that the terms of agreement herein stated are in consideration of the delivery to
the CITY OF BEAUMONT of a valid conveyance of all rights,title and interest described in the Special
Warranty Deed from GRANTORS to the CITY OF BEAUMONT.
THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAU-
MONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY
STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED.
EXECUTED this 0 day of M� 201 10.
CITY OF$EA O
C oc ROGER SCOTT WALKER
E gineerin upervisor
MARK DOUGLAS WALKER
i
AGREEMENT
PROJECT: Concord Road Pavement Widening Project
Parcel 55-B
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
This agreement between Roger Scott Walker, et al of the County of Jefferson, State of Texas,
hereinafter called GRANTORS,and the City of Beaumont,Texas,acting by and through its duly authorized
Agent,hereinafter called GRANTEE,witnesseth:
CITY OF BEAUMONT and the GRANTORS above recited have reached an agreement wherein
the GRANTORS are to convey to the CITY OF BEAUMONT property described fully in a Special
Warranty Deed to be executed by GRANTORS, to which reference is hereby made for complete
description, said property being briefly described as follows:
0.9483 acre tract out of the Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson
County, Texas.
The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT
will pay GRANTORS as follows:
ONE HUNDRED NINETY EIGHT THOUSAND($198,000.00)DOLLARS.
All liens and taxes(either current or delinquent)will be deducted.
It is further agreed that the terms of agreement herein stated are in consideration of the delivery to
the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special
Warranty Deed from GRANTORS to the CITY OF BEAUMONT.
THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE
BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE
FULLY STATED HEREIN AND NO VERBAL,ACRE NTS ARE AUTHORIZED.
EXECUTED this day of �` �=L�' 20 .
CITY JAUM T
F i och ROGER SCOTT WALKER
ineeri ng upervisor
MARK DOUGLAS WALKER
DAVID CLIFTON KER
AGREEMENT
PROJECT: Concord Road Pavement Widening Project
Parcel 55-B
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
This agreement between Roger Scott Walker, et al of the County of Jefferson, State of Texas,
hereinafter called GRANTORS,and the City of Beaumont, Texas,acting by and through its duly authorized
Agent,hereinafter called GRANTEE, witnesseth:
CITY OF BEAUMONT and the GRANTORS above recited have reached an agreement wherein
the GRANTORS are to convey to the CITY OF BEAUMONT property described fully in a Special
Warranty Deed to be executed by GRANTORS, to which reference is hereby made for complete
description, said property being briefly described as follows:
0.9483 acre tract out of the Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson
County,Texas.
The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT
will pay GRANTORS as follows:
ONE HUNDRED NINETY EIGHT THOUSAND($198,000.00)DOLLARS.
All liens and taxes(either current or delinquent)will be deducted.
It is further agreed that the terms of agreement herein stated are in consideration of the delivery to
the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special
Warranty Deed from GRANTORS to the CITY OF BEAUMONT.
THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE
BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE
FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED.
EXECUTED this , day of i�4, 1—1 ,(/ ,20
r
CITY OF A
ig o ROG SCOTT WALKER
Engin ring Su isor
MARK DOUGLAS WALKER
DAVID CLIFTON WALKER
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "A" and shown on Exhibit "B," attached hereto, for the
Concord Road Pavement Widening Project:
Parcel #55-B 0.9483 acre tract out of Thomas Spear Survey, Abstract
No. 50, Beaumont, Jefferson County, Texas
(Concord Road)
Value: $198,000.00
Owners: Scott Walker, Cliff Walker, Mark Walker
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the above-described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
- Mayor Becky Ames -
34
1
March 2009
Parcel 55B
Page 1 of 7
EXHIBIT_
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96,69,287
PROPERTY DESCRIPTION FOR PARCEL 55B
Being a 0.9483 acre(41,309 square feet) of land, situated in the Thomas Spear Survey,
Abstract No. 50, out of and part of that certain called 5.446 acre tract having been
conveyed to David Clifton Walker, Mark Douglas Walker and Roger Scott Walker, by
deed dated December 8, 1995, and being recorded under Clerk's File 9536057 of the
Real Property records of Jefferson County, Texas, SAVE AND EXCEPT that certain
' called 24,743 square-foot portion thereof heretofore conveyed by Lonnie C. Walker to
June Bade by deed dated April 28, 1982, recorded in Volume 2382, Page 55 of the
Deed Records of Jefferson County, Texas, the same being that certain called 24,743
square foot tract of land having been conveyed to June Marie Badon, as Trustee of the
June Marie Badon Revocable Living Trust by deed dated July 28, 1997 and being
recorded under Clerk's File No. 9722295 of the Real Property Records of Jefferson
County, Texas, said 0.9483 (41,309 square feet) acre of land being more particularly
I ' — described as follows;
COMMENCING at a 1 1/2" iron pipe found for the most Easterly corner of the said
Walker tract being described in Clerk's File No. 9536057, said corner being in the
' Southwesterly corner of that certain called 2.110 acre tract having been conveyed to
Scott Walker, an undivided 44.445% interest, unto Mark Do allser an _
undivided 44.445% interest, unto Mark Walker, an undivi e 11.111% interest, unto
D. Cliff Walker, an undivided 11.111% interest and unto Dennis Swearingen, an
' undivided 33.333% interest from John Dollinger, Jr., Inc., by deed dated May 30,
1997, and being recorded under Clerk's File 9716059 of the Real Property records
of Jefferson County, Texas, said corner also being in the centeriine of the
abandoned T&NO RR right-of-way, said corner also being in the South line of the
said Thomas Spear Survey and the North line of the F. Bigner Survey, Abstract No.
' THENCE, NORTH 43°44'12"WEST along the boundary line between the said 2.110
acre Walker et al tract and the said said Walker tract being described in Clerk's File
- No. 9536057 for a distance of 249.14 feet to a 5/8" iron rod with cap stamped "City
of Beaumont ROW Monument" set for comer in the proposed Southwest right-of-
' way line of Concord Road and the POINT OF BEGINNING of the parcel herein
described, said corner also being the beginning of a curve turning to the left having a
radius of 2360.00 feet and being subtended by a chord bearing NORTH 69 011'06"
WEST having a chord length of 105.43 feet;
I
t>
I EXHIBIT "A"
35
' March 2009
Parcel 55B
Page 2 of 7
EXHIBIT_
1) THENCE, WESTERLY, along said curve for an arc length of 105.44 feet to a 5/8"
Iron rod with cap stamped "City of Beaumont ROW Monument"set for comer in the
' proposed Southwest right-of-way line of Concord Road;
2) THENCE, NORTH 70°27'54"WEST, along the proposed Southwest right-of-way line
of Concord Road for a distance of 141.75 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument"set for comer in the proposed Southwest right-
of-way line of Concord Road;
3) THENCE, NORTH 77 017'35"WEST, along the proposed Southwest right-of-way line
I of Concord Road for a distance of 50.32 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument"set for comer in the proposed Southwest right-
of-way line of Concord Road, said comer also being the beginning of a curve turning
to the right having a radius of 1246.00 feet and being subtended by a chord bearing
NORTH 65 050'45"WEST having a chord length of 213.94 feet;
4) THENCE, WESTERLY, along said curve for an arc length of 214.20 feet to a 5/8"
' iron rod with cap stamped "City of Beaumont ROW Monument"set for comer in the
proposed Southwest right-of-way line of Concord Road;
5) THENCE, SOUTH 74 004'44"WEST, along the proposed Southwest right-of-way line
' of Concord Road for a distance of 35.16 feet to a 5/8" iron rod with cap stamped .
"City of Beaumont ROW Monument" set for comer in the East right-of-way line of
Judy Lane;
' 6) THENCE, NORTH 12°50'12" WEST, along the East right-of-way line of Judy Lane
for a distance of 2.30 feet to a point for comer,
7) THENCE, NORTH 16"08'12"WEST, along the East right-of-way line of Jud Lane for
a distance of 67.47 feet to a point for comer, said comer being the most Westerly
corner of the said Walker tract being described in Clerk's File No. 9536057 and the
most Southerly comer of that certain 24,743 square feet tract of land having been
I conveyed to June Marie Badon, as Trustee of the June Marie Badon Revocable
Living Trust from June Marie Badon by deed dated July 28, 1997, and being
recorded under Clerk's File No. 9722295 of the Real Property Records of Jefferson
County,Texas, and also said comer being in the East right-of-way line of Judy Lane;
I8) THENCE, NORTH 73°51'49" EAST, along the Northerly boundary line of the said
Walker tract being described in Clerk's File No. 9536057 and the Southerly
boundary line of the said Badon tract for a distance of 100.84 feet to a 5/8" iron rod
with cap stamped"City of Beaumont ROW Monument"set for comer in the proposed
Northeast right-of-way line of Concord Road;
I
I
' 36
' March 2009
Parcel 55B
Page 3 of 7
EXHIBIT_
9) THENCE, SOUTH 13"03'58" EAST, along the proposed Northeast right-of-way line
of Concord Road for a distance of 5.33 feet to a 5/8'iron rod with cap stamped"City
of Beaumont ROW Monument"set for comer in the proposed Northeast right-of-way
line of Concord Road, said comer also being the beginning of a curve turning to the
left having a radius of 1154.00 feet and being subtended by a chord bearing SOUTH
65°50'23"EAST having a chord length of 197.23 feet;
10)THENCE, EASTERLY, along said curve for an arc length of 197.47 feet to a 5/8"
iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the
' proposed Northeast right-of-way line of Concord Road;
11)THENCE, SOUTH 63 037'20" EAST, along the proposed Northeast right-of-way line
' of Concord Road for a distance of 50.47 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for comer in the proposed Northeast right-
of-way line of Concord Road;
' 12)THENCE, SOUTH 70°27'54" EAST, along the proposed Northeast right-of-way line
of Concord Road for a distance of 84.53 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for corner in the proposed Northeast right-
of-way line of Concord Road, said comer being In the Northeasterly line of the said
' Walker tract being described in Clerk's File No. 9536057, said comer also being in
the Southwesterly line of that certain called 0.792 acres tract of land having been
conveyed to Roger Scott Walker, Mark Douglas Walker, D. Clif Walker, and Dennis
Swearingen from Mary Alice Bailey Fritscher by deed dated August 13, 1997 and
' being recorded under Clerk's File No. 9724822 of the Real Property Records of
Jefferson County,Texas;
13)THENCE,SOUTH 43°44'12"EAST,along the Southwest right-of-way line of the said
0.792 acre Walker at al tract and that certain called 2.110 acre tract of land having
been conveyed to Scott Walker, Mark Walker, D. Cliff Walker, and Dennis
Swearingen from John Dollinger, Jr. Inc. by deed dated May 30, 1997 and being
recorded under Clerk's File No. 9716059 of the Real Property Records of Jefferson
County, Texas, and the Northeast line of the said Walker tract being described in
- Clerk's File No. 9536057 for a distance of 183.11 feet to a the POINT OF
BEGINNING and containing 0.9483 acre(41,309 square feet)of land.
I37
I
' March 2009
Parcel 55B
Page 4 of 7
' EXHIBIT_
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
' Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed January 2009
GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF March 2009.
.6 OPERR� .
ITELEY
3636.
Mark W.Whiteley, RPLS#3636 Esg`°••�-�O
G..•SURD
40
I
LEGEND-
0 SET 5/8' I.R. WITH CAP STAMPED 'M. W. WHITELEY 6 ASSOCIATES'
TXDOT CONTROL MONUMENT
Q PARCEL NUMBER
0 FND PROPERTY CORNER AS NOTED CALLED 0.792 ACRES
ROGER SCOTT WALKER
POWER POLE
MARK DOUGLAS WALKER
D. WALKER
PROPOSED ROW LINE DENNIS IF NGEN
AUGUST 13, 1997
I EXISTING ROW LINE CF. NO. 9724822
OPRJC
PROPERTY LINE f1
P4
SURVEY LINE ll�f3 Fx/SIJyC C
' COUNTY LINE 5n pNCORp
57 5 p
PROPOSED
CONCORD ROAD
CALLED 24 743 SQ.FT
I JUNE Y MARIE BADON P.O.B. TXDOT
JUL 28. 1997 PARCEL 55A DITCH
CF. NO. 9722295
OPRJC CALLED 5.446 ACRES CALLED 2.110 ACRES
S&E 24,743 SO. FT. SCOTT WALKER
DAVID CLIFTON WALKER MARK WALKER
MARK DOUGLAS WALKER D. CLIFF WALKER
I ROGER SCOTT WALKER DENNIS SWEARINGEN
DECEMBER 8, 1895 MAY 30, 1997 .O.0 PARCEL 55B
CF. NO. 9536057 CF. NO. 9716059 FND. 1 112 1 PIPE
OPRJC OPRJC
5�ro�eGt
PARENT TRACT
NOTES: N.T.S.
I EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT.
ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A
COMBINED ADJUSTMENT FACTOR OF.
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
' SURVEYED JANUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
��•O F• F 3, lq o9
57
•3•6• TAKING
o EXISTING REMAINING
ACRES ACRES/(S.F.) ACRES
4. 878 PARCEL 55B, 3.9297
+ARK . WHITELEY 0.9 483/(41,309)D ASSOCIATES
INCORPORATED PARCEL PLAT
TING ENGINEERS, SHOWING
ORS, AND PLANNERS PARCEL 5 5 B
m
' CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 0250 EASTEX FRWY.
BEAUNO 409-8922--042128-6492 B(PAS N 409-002 1340 s SCALE I" = 50' MARCH 2009
SHEET 5 OF 7
' EXHIBIT "B"
I
RICH WITH OPPORTUNITY
r
C ► �
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider authorizing the City Manger to execute an
agreement to participate in the Summer Food Service
Program.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
Since 1992 the City has participated in the Summer Food Service Program with funding provided
by the U.S. Department of Agriculture through an agreement with the Texas Department of
Agriculture. An application agreement, signed by the City Manager, is required for participation.
The proposal for this summer will generally provide about 1,055 lunches per day, Monday
through Friday, from June 7th to August 13th. The program will operate from 9 to 10 locations
throughout the city(please see attachment). The Parks and Recreation Department, which
oversees the program, will sponsor a variety of games and activities, suitable for each site, to
make it an enjoyable experience for the children.
This program is well established and helps ensure the well-being of the children within our
community.
BUDGETARYIMPACT
The program provides a fixed payment for each meal served that is intended to cover the majority
of the food costs. The estimated program costs will be determined after bids are taken. Last
year, the City's cost was about $14,450 or 14 percent of the total food cost.
Summer Food Program
Proposed Locations 2010
Central Park 640 South Fourth
Sprott Park 4325 Usan
Roberts Park 2755 Ave C
Alice Keith Park 4050 Reed
S.E.Texas Family Resource Center 2060 Irving
Magnolia Park 2930 Gulf
Concord Homes Apts. 2020 Cottonwood
Tracewood I-lI Apts. 4925 Concord
Northridge Apts. 4155 Maida
Cathedral of Faith Bapt.Church (Pending) 3210 Elmira
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an agreement with the Texas
Department of Agriculture in order for the City of Beaumont to participate in the Summer
Food Service Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
- Mayor Becky Ames -
I
G
RICH WITH OPPORTUNITY
11EA,[114011T
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider authorizing the acceptance of a water
line and a sanitary sewer line easement.
RECOMMENDATION
The Administration recommends acceptance of two easements - a water line and a sanitary
sewer line - to provide services for the proposed construction of Coastal Waste Disposal at 5065
Washington Boulevard.
BACKGROUND
Parago Development, Ltd. has agreed to convey the following easements to the City of
Beaumont. The easements will provide mandatory access to fire protection and sewer services
for the new Coastal Waste Disposal located at 5065 Washington Boulevard.
1. Ten foot (10') wide Water Line Easement
0.1365 acre out of the C. Williams Survey
[near Caldwood Cut Off]
2. Twenty foot (20') wide Sanitary Sewer Easement
0.1674 acre out of Lots 14 and 15, Washington Boulevard Park
[off West Common Parkway]
BUDGETARY IMPACT
None.
\engparago-ib
10 March 2010
RESOLUTION NO.
WHEREAS, Parago Development, Ltd., has offered to convey to the City of
Beaumont one ten foot (10') wide water line easement and one twenty foot (20') wide
sanitary sewer easement as shown below and described in Exhibits"A"and "C"and shown
on Exhibits "B" and "D" attached hereto, to provide mandatory access for fire protection
and sewer services for Coastal Waste Disposal located at 5065 Washington Boulevard:
1. Ten foot (10') wide Water Line Easement
0.1365 acre out of the C. Williams Survey [near Caldwood Cut
Off]
2. Twenty foot (20') wide Sanitary Sewer Easement
0.1674 acre out of Lots 14 and 15, Washington Boulevard
Park [off West Common Parkway]
and;
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyances is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easements conveyed by Parago Development, Ltd., as referenced above and
described in Exhibits "A" and "C" and shown on Exhibits "B" and "D," be and the same are
hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
- Mayor Becky Ames -
i
EXHIBIT "A"
WATERLINE EASEMENT
Legal Description: 0.1365 Acre Waterline Easement
Out of and Part of Reserve "A" Tract
Washington Boulevard Park
Clerk's File No. 2008029879, Official Public Records of Real Property
C. Williams Survey, Abstract No. 59
Beaumont, Jefferson County, Texas
BEING a 0.1365 acre waterline easement situated in the C. Williams Survey, Abstract No. 59,
Jefferson County, Texas and being out of and part of that certain called 32.2119 acre tract of land
as described in a "Special Warranty Deed" from Helena Laboratories Corporation and O.H.
Mayes to Parago Development, Ltd. as recorded in Clerk's File No. 2005045658, Official Public
Records of Real Property, Jefferson County, Texas and also being out of and part of that certain
called 3.6571 acre tract of land indentified as "Reserve A", of Washington Boulevard Park, a
subdivision of the City of Beaumont, Jefferson County, Texas as the same appears upon the map
or plat of record in Clerk's File No. 2008029879, Official Public Records of Real Property of
Jefferson County, Texas, said 0.1365 acre waterline easement being more particularly described
as follows:
NOTE.- All bearings are based on the Northerly line of the above referenced
3.6571 acre, "Reserve A'; tract of land as SOUTH 88°43'20"EAST as recorded
in Clerk's File 1& 2008029879, Of Public Records of Real Property,
Jefferson County, Texas.
COMMENCING at a 2" iron pipe found for the Northeast corner of the said 3.6571 acre
"Reserve A" tract, said corner also being an interior ell corner of the said 32.2119 acre Parago
Development, Ltd. tract, said corner also being the Southeast corner of that certain called 10.000
acre tract of land as described in a "Warranty Deed" from DSI Transports, Inc., formerly
Robertson Tank Lines, Inc., to Truckholding, Inc. as recorded in Volume 2161, Page 379, Deed
Records, Jefferson County, Texas and also being in the West line of Lot 16 of the said
Washington Boulevard Park;
THENCE SOUTH 01 00755" EAST, along and with the East line of the said 3.6571 acre
"Reserve A" tract and the West line of Lot 16 of the said Washington Boulevard Park, for a
distance of 0.92 feet to a the Northeast corner and the POINT OF BEGINNING of the tract
herein described;
THENCE SOUTH 01°07'55" EAST, continuing along and with the East line of the said 3.6571
acre "Reserve A" tract and the West line of Lot 16 and Lot 15, of the said Washington Boulevard
Park, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 90 000'00" WEST, over and across the said 3.6571 acre "Reserve A" tract,
for a distance of 512.32 feet to a point for comer;
EXHIBIT "A"
THENCE SOUTH 00°06'20" WEST, continuing over and across the said 3.6571 acre "Reserve
A" tract, for a distance of 72.30 feet to a point for corner,
THENCE NORTH 89 053'40" WEST, continuing over and across the said 3.6571 acre "Reserve
A" tract, for a distance of 10.00 feet to a point for corner, said corner being in the West line of
the said 3.6571 acre "Reserve A" tract and also being in the East right-of-way line of that certain
non-exclusive easement for ingress and egress over and across a certain called 60 foot wide
roadway as described in a "General Warranty Deed" from N. D. Williams, et al. to O.H. Mayes
and Helena Laboratories Corporation as recorded in Volume 2173, Page 90, Deed Records,
Jefferson County, Texas, the same 60 foot wide right-of-way being described in Volume 1472,
Page 336, Deed Records, Jefferson County, Texas and Volume 1512, Page 191, Deed Records,
Jefferson County, Texas;
THENCE NORTH 00 006'20" EAST, for the boundary between the tract herein described and
the above referenced 60 foot wide road right-of-way, the same being the West line of the said
3.6571 acre "Reserve A" tract, for a distance of 82.28 feet to a point for corner;
THENCE NORTH 90 000'00" EAST, over and across the said 3.6571 acre "Reserve A" tract, for
a distance of 522.10 feet to the POINT OF BEGINNING and containing 0.1365 ACRES, more
or less.
This legal description is being submitted with a plat based on this survey(see EXHIBIT "B").
O F rF
c�;e
THOMAS.S:ROW..
Thomas S. Ro e, RPLS No. 5728 5728 P'
W200%09-442`09-442 waterline M&B.DOC ••' F E S 5 O 'L
CALLED 10.000 ACRES
TRUCKHOLDING INC. O Cj
VOL. 2161, PG. 379
FND 2"
FND 518" DRJC
!. PIPE I LOT 16
I. ROD
°��`p`^'�F RFepING PER CF. NO. 2008029879, OPRJC
FND S88.43.20'E 522.19' I
7 L 1 SEE DETAIL 'A'•
—v —w —W —w —w —w —w —w —w v —v —w —w —w —w —w —w
0.1365 ACRES L3 PROPOSED WATERLINE L2
NOD WATERLINE EASEMENT OL7 ialls CORLEY I
�* a CALLED 10.000 ACRES I
TRUCKHOLDING INC. Z 1 I LOT 15
VOL. 2161, PG. 379 z
W DRJC LOT 16 I IS
0 IS
b 5 L 1 CALLED 32.21 19 ACRES
0.1365 ACRES PARAGO DEVELOPMENT, LTD.
o WATERLINE EASEMENT 2 CF. NO. 2005045658
Z LOT 15 OPRJC m7follf ti
0
60• ROAD RIGHT OF WAY CALLED 32.21 19 ACRES W a
O.H. MAYES & HELENA PARAGO DEVELOPMENT, LTD. VICINITY MAP c 3 w
LABORATORIES CF. NO. 2005045658 N-Nt W o
VOL. 2173 PG. 90 OPRJC DETAIL "A"
VOL. 1472 PG. 336 N.r.s. RESERVE "A" SCALE 1"=60' c
VOL. 1512 PG. 191 LINE BEARING DISTANCE I LOT 14
DRJC L1 S01.07'S5"E 0.92' 3.6571 ACRES I I W
�3 NOT'07'S5"E 10.00' VARD PARK I
90 00'0 "W
-ND 5/8" $OULE
I. ROD L4 800'06'20"W 572.30' WASHINGTON 2008029879 �p�g
s NOO-06'2o"E $°:°8 CF• NO
OPRJC ��Q�4ppC�4
f,yn L7 N90'00'00"E 522.10'
m c91�jy ti69o9 I
X O� 04 , NOTE. LOT 13
Op, 0 C, X834 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
W , k)UT Opp ? 2W THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL
—I 1 I B I T B' JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION
4 TO EXHIBIT 'A'• AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE
t)2 EGAL DESCRIPTION WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD
TO THE OWNERS OF THE PREMISES SURVEYED FND 518 OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR
AS OF THE DATE OF THE SURVEY: 1. ROD IMPLIED.
3. BASED ON SURVEY DATED 9-3-09.
i, inuMAS S ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY cap PARAGO DEVELOPMENT, LTD. SURVEY OF A
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME �= 0.1365 ACRE
OF THE SURVEY ` °zoo9 1 of 1 WATERLINE EASEMENT
FILE: W: 09-442
OF 09-442 09-442WATERUNEEASEAlENT.ONG OUT OF AND PART OF
�4 G�5 T MARK W. WHITELEY RESERVE "A" 3.6571 ACRE TRACT
• AND ASSOCIATES WASHINGTON BOULEVARD PARK
° INCORPORATED
���..•.°•.S.ROWS
THO(dIAS CONSULTING ENGINEERS, CF. N0. 2008029879, OPRJC
••••;•••'°' °°•°• �; SURVEYORS, AND PLANNERS
;90 57280�,r: rF-o Tg o C. WILLIAMS SURVEY,
''• F P o wx ua o TTt.r ABSTRACT N0. 59
THOMA ROWS REGISTERED PROFES R No. 5728 "&umo?r• -razes rrm-S92 °GuWuowr;w�,� BEAUMONT, JEFFERSON COUNTY, TEXAS
4o9-aez-o4z�
20' WIDE SANITARY SEWER EASEMENT
Legal Description: 0.1674 Acre Sanitary Sewer Easement
Out of and Part of Lot 14 & Lot 15
Washington Boulevard Park
Clerk's File No. 2008029879, Official Public Records of Real Property
C. Williams Survey, Abstract No. 59
Beaumont, Jefferson County, Texas
BEING a 0.1674 acre sanitary sewer easement situated in the C. Williams Survey, Abstract No.
59, Jefferson County, Texas and being out of and part of that certain called 32.2119 acre tract of
land as described in a "Special Warranty Deed" from Helena Laboratories Corporation and O.H.
Mayes to Parago Development, Ltd. as recorded in Clerk's File No. 2005045658, Official Public
Records of Real Property, Jefferson County, Texas and also being out of and part of Lot 14 and
Lot 15, of Washington Boulevard Park, a subdivision of the City of in Beaumont, Jefferson
County, Texas as the same appears upon the map or plat of record in Clerk's File No.
2008029879, Official Public Records of Real Property of Jefferson County, Texas, said 0.1674
acre sanitary sewer easement being more particularly described as follows:
NOTE: All bearings are based on the Northerly line of that certain called 3.6571
acre, "Reserve A", tract of land as SOUTH 88°43'20" EAST as recorded in
Clerk's File No. 2008029879, Official Public Records of Real Property, Jefferson
County, Texas.
BEGINNING at a 5/8" iron rod found for the Northeast corner of the said Lot 14 and the
Southeast corner of the said Lot 15, said corner also being in the West right of way line of West
Commerce Parkway(based on a width of 60 feet);
THENCE SOUTH 01007'55" EAST, along and with the East line of the said Lot 14 and the
West right of way line of West Commerce Parkway, for a distance of 8.00 feet to a point for
corner;
THENCE SOUTH 88 052'05" WEST, over and across the said Lot 14, for a distance of 364.59
feet to a point for corner, said corner being in the West line of the said Lot 14 and in the East line
of that certain called 3.6571 acre tract of land indentified as "Reserve A" of the said Washington
Boulevard Park;
THENCE NORTH 01°07'55" WEST, for the boundary between the said Lot 14 and Lot 15 and
the said 3.6571 acre "Reserve A" tract, for a distance of 20.00 feet to a point for corner, said
corner being in the West line of the said Lot 15;
THENCE NORTH 88 052'05" EAST, over and across the said Lot 15, for a distance of 364.59
feet to a point for corner, said corner being in the East line of the said Lot 15 and the West right
of way line of West Commerce Parkway;
EXHIBIT "C"
THENCE SOUTH 01"07'55" EAST, along and with the East line of the said Lot 15 and the
West right of way line of West Commerce Parkway, for a distance of 12.00 feet to the POINT
OF BEGINNING and containing 0.1674 ACRES, more or less.
This legal description is being submitted with a plat based on this survey (see EXHIBIT "B").
OF T y
co
Thomas S. Rowe, RPLS No. 5728 7HOMAS.S;ROW ,
28 P O
W2009:09-04209-442 sanir m 57
uysewerease
ent M&B.DOC �;y
FESS O�•!'�
CALLED 10.000 ACRES
TRUCKHOLDING INC.
VOL. 2161, PG. 379 I LOT 16 I '
DRJC i
I I
15' UTILITY EASEMENT
REFERENCE BEARING CF. NO. 2008029879, oPRJC 10 EXCLUSIV PERTPLATINE EASEMENT PER PLAT
FND S88'4,3'20"E 522.19' I
FNO 5/8"
1. Roo 1 PIPE I OULE B VARD PARK
I WASHINGTON 2008029879 25' BUILDING SETBACK-\I
z CCORLEY I CF. NO bp2 is PER PLAT I li �
I
LOT 15
I 0.1674 ACRES Po
1 20' WIDE SANITARY FND 518" ; U
SEWER EASEMENT 1. ROD w o
N88'52'05'E 364.59'
L5 0
L j U
I L2 '
VICINITY MIAP
I
m N TS 1 , W
X
= I LINE BEARING DISTANCE
°0 RESERVE 'AA I L1 S01.07'55"E 8.00'
—I L2 S88'SZ'05"w 364.59' LOT 14
3.6571 ACRES I L3 N01.07'55"W 20.00' e Sj o�
1 L4 N88'52'05"E 364.59'
L5 S01'07'55"E 12.00' QQ�4 e�4 MDO o g�
I
I '
NOTE•
1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
SCALE 1"=60' OWNERSHIP OR TITLE.
2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL
JUDGMENT BY THE SURVEYOR, WHICH 1S BASED ON HIS BEST KNOWLEDGE, INFORMATION
AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE
r WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL
TO THE OWNERS OF THE PREMISES SURVEYED SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR
AS OF THE DATE OF THE SURVEY: IMPLIED.
I`THOMAS S 3. BASED ON SURVEY DATED 9-3-09.
ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY SURVEY
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED PARAGO DEVELOPMENT, LTD. SURVEY OF A
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME SCALE: SHEET No.: 0.1674 ACRE
OF THE SURVEY. o iow
W:\2009\09-442\ 1 of 1 20' WIDE SANITARY SEWER EASEMEN
�••O F•T 09-442 os uasunrtsa�+z
CLIEN s r E••F j- OUT OF AND PART OF
�P'��' 9F�•;9 MARK W. WHITELEY
AND ASSOCIATES LOT 14 & LOT 15
�:•�' °•:N WASHINGTON BOULEVARD PARK
THOA . ROWS INCORPORATED
CONSULTING ENGINEERS,
5728 SURVEYORS, AND PLANNERS CF. NO. 2008029879, OPR1C
° P:
-7
................................�ti°Fe s s 7b-1- &*-vft 0 C. WILLIAMS SURVEY,
P. 0. Box U92 �o ABSTRACT NO. 59
THOMAS S. ROWE — REGISTERED PROFE L OR No. 5728 eeeuroKr. *ouS rme-srez erA MM. 9= BEAUMONT, JEFFERSON COUNTY, TEXAS
+oa-eaz-an
H
RICHrWITH OPPORTUNITY
111
A,[114011T
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider authorizing the acceptance of a Water
Line Easement.
RECOMMENDATION
The Administration recommends acceptance of a Water Line Easement to provide water
services for Martin Elementary School.
BACKGROUND
Beaumont Independent School District has agreed to convey a 10 foot wide Waterline Easement
out of the A. Williams Survey to the City of Beaumont. The easement will provide water
services for the new additions at Martin Elementary School located at 3500 Pine Street.
BUDGETARY IMPACT
None.
\engmartin-ib
17 March 2010
RESOLUTION NO.
WHEREAS, Beaumont Independent School District has offered to convey a ten foot
(10') wide water line easement for property located at 3500 Pine Street, as described in
Exhibit "A," Page 1, and shown on Exhibit "A," Page 2, attached hereto, to the City of
Beaumont for the purpose of providing water services to new additions at Martin
Elementary School; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Beaumont Independent School District, as described in
Exhibit "A," Page 1, and shown on Exhibit "A," Page 2, be and the same is hereby, in all
things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
- Mayor Becky Ames -
Fittz & Shipman
INC
Consulting Engineers and Land Surveyors
EXHIBIT "A", PAGE 1 OF 2
CENTERLINE DESCRIPTION
OF A
10' WIDE EXCLUSIVE WATER LINE EASEMENT
OUT OF THE
A. WILLIAMS SURVEY, ABSTRACT 385
JEFFERSON COUNTY, TEXAS
FEBRUARY 19, 2010
That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each
side of centerline, out of the A. Williams Survey, Abstract 385, Jefferson County, Texas, said
centerline being more particularly described by the following courses and distances:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South
Central Zone#4204.
COMMENCING at a %" iron rod found in the east right-of-way line of Pine Street for the
southwest corner of a called 1 acre tract conveyed to R.M. Mack and wife, Edna Le Mack as
recorded in Volume 346, Page 61 of the Deed Records of Jefferson County, Texas and the
northwest corner of the BISD Martin Elementary School tract;
THENCE South 20 001'41" East along the said east right-of-way line of Pine Street and the west
line of the said BISD Martin Elementary School tract a distance of 12.65 feet to a point for the
POINT OF BEGINNING of the said centerline of the 10' wide water line easement from which a
Y2" iron rod found for the northwest corner of Peterson Addition, a plat recorded in Volume 8,
Page 46 of the Map Records of Jefferson County, Texas and the most westerly southwest
corner of the said Martin Elementary tract bears South 20 001'41" East 458.55 feet;
THENCE along the said centerline with the following courses and distances:
North 69 057'03" East a distance of 24.23 feet to an angle point;
North 86°58'19" East a distance of 313.54 feet to an angle point;
South 72°38'14" East a distance of 566.79 feet to an angle point;
South 03 007'08" East a distance of 10.28 feet to an angle point;
South 10 009'40" East a distance of 338.29 feet to a point in the north right-of-way line of
Martin Road for the POINT OF TERMINATION of the said centerline from which a Y2" capped
iron rod set for the southeast corner of the said Peterson Addition and the most southerly
southwest corner of the said BISD Martin Elementary School tract bears South 86 017'48"West
530.85 feet.
This description is based on a survey and plat made by Fittz & Shipman, Inc. during December
2008 nd anuary 9. -
- �,
OF 1"
After J. KsiazeY�o�GtS7
Registered Prof I Lan S rveyor No. 5321 '
FITTZ&SHIPMAN,INC. C W f4LTEB J. KSot�tZRK
Project No. 09019 Wtresmt , �i t ''
Plat&Descriptions
1405 Cornerstone Court,- Beaumont, Texas 77706 • ( 0 '82�7, a8faX(409) 832-7303
�'' RECEIVED MAR 0 3 2010
NOW OR FORMERLY L EXHIBIT „Any PAGE 2 OF 2
COMMENCING R.M. MACK AND WIFE,POINT EDNA LE MACK
FOUND 1/2" VOL. 346, PG. 61, D.R.J.C,
IRON ROD (CALLED 1 ACRE)
12.65 N 86'58'19" E 510.00
SET 1/2"
CAPPED 10 p
N
—N86:58'19" IRON ROD'58'19" E 313.54 w NOW OR FORMERLY
N 69'57'03" E 24.23 _ FELIX BURRUS
\ \ VOL. 1137, PG. 237, D.R.J.C.
POINT OF \ (CALLED APPROX 6 ACRES)
BEGINNING `S M
CENTERLINE) 238'14 o
10' WATER LINE E 566�9
EASEMENT
SET 1/2' SET 1/2"
\�\ CAPPED CAPPED
IRON ROD IRON ROD
N 86'52'52" E 316.50
S 03'07'08" E 10.28 1 1
W d7 SURVEYOR'S CERTIFICATION: 1 1
d' I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
THAT 1 1
AT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE Q
(n .� ON THE GROUND UNDER MY SUPERVISION DURING DECEMBER 2008 AND
p JANUARY 2009. 1 1
W 'p w LU o
N
V_o F I 1 w °
0-1 a
WALTER J. KSIAZEK ®-b°m��G).$t �p9s�;t Lo 1 O O m o
REGISTERED PROFESSIONA AND SURV O NO. 5321 - � ° at` OI 1
0i X_
of 1 °
VvA�rER J. Ks1A2�:: 0 J
' o z o
0.0 5321 �I I
N
,t 11
FOUND 1/2.. 3 4 5 6
IRON ROD 1 1
2 PETERSON 81 PC 46 , M.RIOo 1 1
280.04
530.85
S 86'17'48" W 810.89 SET 1/2"
MARTIN ROAD GAPPED
IRON ROD
SET 1/2"
CAPPED
IRON ROD FittZ&Skip1h 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
000 Consulnn En INC. PROJECT NAME: BISD 2
NOTE: BEARINGS ARE REFERENCED TO THE NAD83, 8 SineersandLandSurveyors MARTIN ELEMENTARY SCHOOL
S C A L E TEXAS STATE PLANE COODINATE SYSTEM, 1405 CORNERSTONE COURT, BEAUMONT. TEXAS
SOUTH CENTRAL ZONE #'4204. (409) 832-7238 FAX(409) 832-7303 BEAUMONT, TEXAS PROJECT NO.
owc.No, 090 swo-�zml DATE: 2-19-10 09019
1
RICH WITH OPPORTUNITY
r
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in Jehova Jireh Village, Phase II.
RECOMMENDATION
The administration recommends approval of the following:
• Rohi Road approximately 583 feet south of existing Sarah Street to and
including the cul-de-sac.
Also, recommended for approval are the storm sewer, water and sanitary sewer improvements
for Jehovah Jireh Village, Phase II right-of-way only.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on March 3, 2010.
BUDGETARYIMPACT
None.
SARAH
PROPERTY POSEY
LOCATION
W p
N
H
287 96
_69 - -
VICINITY MAP
(NTS)
JEHOVAH JIREH VILLAGE
PHASE TWO
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in the Jehova Jireh Village, Phase II Subdivision have been
completed as follows:
Street
• Rohi Road approximately 583 feet south of existing Sarah Street to and
including the cul-de-sac.
Storm Sewer, Water and Sanitary Sewer Improvements
• Jehovah Jireh Village, Phase II, right-of-way only.
WHEREAS, the developers of said street desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in the Jihova Jireh Village, Phase II Subdivision, with the exception of streetlights, are
hereby accepted by the City of Beaumont and shall be continuously maintained by the City
contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way
and easements required on the preliminary and final plats and installation of the
streetlights.
I
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
[I 11cm .[I 1�1 C1 11*
T - E • X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 23, 2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition:
* Public Comment: Persons may speak on scheduled agenda items 2-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for an HC-L(Historic Cultural-Landmark Preservation
Designation) at 480 Magazine
2. Consider amending Section 21-75 of the Code of Ordinances related to the
number of Grade III Lieutenant positions in the Police Department
3. Consider authorizing the City Manager to enter into a contract for the purchase of
a home at 5380 Wilshire Avenue for rehabilitation and resale as part of the
Neighborhood Stabilization Program
4. Consider approving a bid for the reconstruction of the walking trail at Sprott Park
5. Consider approving a bid for the reconstruction of the walking trail at Central
Park
WORKSESSION
* Review and discuss the Preliminary 2010 Action Plan of the Five Year
Consolidated Plan as well as the budget of the Preliminary Action Plan
PUBLIC HEARING
* Receive comments related to Preliminary 2010 Action Plan of the Five Year
Consolidated Plan as well as the budget of the Preliminary Action Plan
6. Consider approving a resolution to adopt the Preliminary 2010 Action Plan of the
Five Year Consolidated Plan as well as the budget of the Preliminary Action Plan
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Lenny Caballero at 880-3716 three days prior to the
meeting.
1
March 23,2010
Consider a request for an HC-L (Historic Cultural-Landmark Preservation Designation) at 480
Magazine
RICH WITH OPPORTUNITY
r
T • E • x - A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C x3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider a request for an HC-L (Historic Cultural-
Landmark Preservation Designation) at 480 Magazine.
RECOMMENDATION
The Administration recommends denial of the HC-L request.
BACKGROUND
John Leggett has applied for an HC-L Designation.
Mr. Leggett states that the single family residence was originally two houses built in Port Arthur,
Texas dating back to the Civil War era. These houses were later moved to the current location in
Beaumont and combined to make one house between 1889 and1894. According to research
based on the Sanborn-Perris Map,the house is shown to have been at 480 Magazine Street since
1894. This property is part of the original town site of Beaumont.
Mr. Leggett states that the house contains architectural characteristics typical of a working class
home during the Victorian Age. The house is built with cypress sills,floor joists,exterior siding,
molding and trim. The flooring is East Texas Curly Pine. The house contains 12 foot ceilings
and a hand-carved stair case. The 6 %foot tall cypress weighted windows are two over two glass
pane. The front door is hand carved with an oval, beveled glass window. There are what appears
to be possible hidden entrance doors in the floor and pantry ceiling that could be connected to the
Civil War era in Port Arthur. The hardware, circa 1850, includes door knobs,hinges,plumbing
fixtures and molding.
Other original structures on the property included two carriage houses, one of which is still
standing. The other carriage house,which is no longer in existence, contained two stalls for
carriages and a tack room.ln addition to the many historical features of the house itself,the house
is located near many historic sites in Beaumont. Approximately one block away from the house
sits the historical Westminister Presbyterian Church; one of the earliest gathering places for
church services in Beaumont. Also nearby is the Fire Museum which is the site where the first
fire department hook and ladder company started. Additionally,the house sits approximately 3
blocks from Tevis Bluff, home to Noah Tevis,the first legal land owner in Beaumont. Due to its
location near the river,the house served as a boarding house for workers in the shipyard. Mr.
Leggett states that the house has historical value because of its existence during the Civil War era
in Port Arthur and because it was a part of Beaumont during the City's earliest days.
According to the demolition office,the house was tagged on October 22, 2008. Soon after that,
Mr. Leggett was given 150 days to bring the house up to minimum code. On June 2, 2009,the
house was on the City Council agenda when a raze or repair order was issued. On June 9, 2009,
a new work repair program was agreed upon,allowing an additional 150 days to repair the house.
During that time, a partial roof was installed. On November 13, 2009, final notice before
demolition was sent to Mr. Leggett for not complying with City Council's order or the work
program. On that same date, a disconnect order was issued for utilities. On January 19,2010,
the City received a letter from Kelly Little with the Texas Historical Commission stating that she
had determined that the house had historical value. A temporary restraining order has been
granted to allow time for the City to consider an HC-L designation.
The recommendation for denial is due to failure to follow City Council's order to make
substantial repairs within the allotted 150 days.
At a Historic Landmark Commission meeting held February 8, 2010,the Commission approved
the request by a vote of 10:0.
At a Joint Public Hearing held February 15, 2010,the Planning Commission recommended 3:2 to
approve an HC-L(Historic Cultural-Landmark Preservation Designation) at 480 Magazine.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L
(HISTORICAL-CULTURAL LANDMARK PRESERVATION)
DESIGNATION FOR PROPERTY LOCATED AT 480
MAGAZINE, BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by establishing an
HC-L (Historical-Cultural Landmark Preservation) Designation for property located at 480
Magazine, being Part 1, Blocks 3-5, Emma Reed Addition, City of Beaumont, Jefferson
County, Texas, containing 1.55 acres, more or less, as shown on Exhibit "A" attached
hereto and made a part hereof for all purposes, and the official zoning map of the City of
Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
- Mayor Becky Ames -
File 54-HC: Request for an HC-L (Historic Cultural-Landmark Preservation Designation).
Location: 480 Magazine
pplicant: John Leggett
0 50 100 200 Feet
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2
March 23,2010
Consider amending Section 21-75 of the Code of Ordinances related to the number of Grade III
Lieutenant positions in the Police Department
RICH WITH OPPORTUNITY
I'Cl A,11 1�1 U1 111)(
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: March 23, 2010
REQUESTED ACTION: Consider amending Section 21-75 of the Code of Ordinances
related to the number of Grade III Lieutenant positions in the
Police Department.
RECOMMENDATION
Administration recommends amending Section 21-75 of the Code of Ordinances to decrease the
number of Grade III Lieutenant positions from 15 to 14.
BACKGROUND
As a part of the 2006 settlement of the lawsuit, Curtis Breaux, et al v. The City of Beaumont, et
al, the City Council authorized the addition of four Lieutenant positions and the reduction of four
Sergeant positions. The 2006 agenda memorandum(see attached) states, "These positions are
not needed for the orderly and efficient operation of the department. It is also intended and
agreed that the four (4) new Lieutenant positions will be reduced by attrition as the positions
become vacant in the future."
Captain Melissa Ownby recently retired from the Police Department and former Lieutenant
Wayne Jeffcoat was promoted to Captain. The now vacant Lieutenant position is recommended
to be deleted. This action would be consistent with the City Council's deletion of a Lieutenant
position on May 19, 2009 when former Lieutenant Dave Sample retired.
BUDGETARYIMPACT
The annual savings would be approximately$100,000.
I
1
1
City of Beaumont
Council Agenda Item
TO: City Council
i
FROM, Kyle Hayes, City Manager
PREPARE I)iY: Tyrone E_ Cooper, City Attorney
1M>[EIETING DITE: December 5, 2006
AGENDA MiMO DATE: November 29, 2006
REQUESTED ACTION: Council consider Amendments to Section 21-75, of the Code
of Ordinances, changing the total number of Grade II and
Grade III positions in the Beaumont Police Department.
RECOMME 'DAYTON
Council eonsid r amendments to Section 21-75, of the Code of Ordinances, increasing Grade III
positions from 12 to 16 and reducing the number of Grade II positions from 44 to 40.
BACKGROUND
In an effort to 4ettle the lawsuit, Curtis Breaux et al v. 119 Qy_of Beaumont_ et al involving the
promotion of skveral Grade U Sergeants to the position of Lieutenant, it is recommended that four
(4)Lieutenant�ositions be added to the Police Department. However, the intent of the settlement
is not increase t.a total number of positions in the Department. To achieve the intended purpose, it
is necessary to duce the total number of Grade II positions by four(4). B y g so,doing the total
number of positions in the Department will remain unchanged, These positions are not needed for
the orderly and�fficient operation ofthe department. It is also intended and agreed that the four(4)
new Lieutenant positions will be reduced by attrition as the positions become vacant in the future,
BUDGETAR R"ACT
The above ch es will cost an estimated $22,000 if spread over a twelve(12)month period.
PREVIOUS AI�_'I'ION
None.
i
I
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF
THE CODE OF ORDINANCES TO AMEND THE NUMBER OF
GRADE III POSITIONS IN THE BEAUMONT POLICE
DEPARTMENT AND REMOVE THE ASSISTANT CHIEF
POSITION; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR REPEAL.
Section 1.
That Chapter 21, Section 21-75, of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to read as follows:
Sec. 21-75. Grades and Classifications - Police Department.
The following grades and classifications and number of positions
in each classification are hereby established within the Police
Department:
Grade Classification Positions
I Officers 204
I I Sergeants 41
III Lieutenants 14
IV Captains 3
Total 262
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance
and, to such end, the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith, including conflicting portions
of the City Budget, are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March,
2010.
- Mayor Becky Ames -
3
March 23,2010
Consider authorizing the City Manager to enter into a contract for the purchase of a home at 5380
Wilshire Avenue for rehabilitation and resale as part of the Neighborhood Stabilization Program
RICH WITH OPPORTUNITY
BEAUMON*
T • E • x • A • B City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: March 23, 2010
REQUESTED ACTION: Consider authorizing the City Manager to enter into a contract for
the purchase of a home at 5380 Wilshire Avenue for rehabilitation
and resale as part of the Neighborhood Stabilization Program.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND:
The Neighborhood Stabilization Program(NSP)is a HUD-funded program authorized by the
"Housing and Economic Recovery Act of 2008" (HERA), as a supplemental allocation to the
Community Development Block Grant (CDBG)Program. The purpose of the program is to
acquire and encourage redevelopment of foreclosed, abandoned and blighted properties in order
to stabilize neighborhoods and stem the decline of house values of neighboring homes. This
program offers a variety of eligible activities, including offering refinancing mechanisms for
foreclosed properties, demolition of properties and establishing land banks for foreclosed
properties.
The proposed contract is for the acquisition of 5380 Wilshire Avenue from the owner, Fannie
Mae, in the amount of approximately $45,000. Additional NSP funds will be used to rehabilitate
this home for resale. This home is one of approximately nine(9)homes that will be purchased,
rehabilitated and resold within the target area of census tracts six(6), seven(7) and nine(9).
BUDGETARY IMPACT
Funds are available through the Neighborhood Stabilization Program. There is no local match.
i
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a contract with Fannie
Mae, substantially in the form attached hereto as Exhibit"A," for the purchase of a home at
5380 Wilshire Avenue for rehabilitation and resale as part of the Neighborhood Stabilization
Program.
PASSED BY THE CITY COUNCIL of the City of Beaumontthis the 23rd day of March,
2010.
- Mayor Becky Ames -
REO #DTOIfiR
REAL,ESTATE PURCHASE ADDENDUM
This Addendum is to be made part ot and incorporated into, the Real Estate Purchase Contract dated 3/12/2010, (the "Contract"), between
FannieMae("Seller")and City of Beaumont ("Purchaser")for the property and improvements located at the
following address: 5380 WTLSHM AVENUE BEAUMONT TX 77703("Property").
The Seller and the Purchaser agree as follows:
1. Verbal Acknowledgement: The essential terms of the purchase and sale of the Property have been verbally accepted by the Seller on or
before 3/15/2010(the"Verbal Acknowledgement Date")with a sales price of$45,000.00 Notwithstanding such verbal
acknowledgement, the Purchaser acknowledges and agrees that the Contract and this Addendum (together shall be referred to as the
"Agreement") are subject to approval by the Seller's Management and must be signed by all parties in order to be binding. If
applicable, upon execution,escrow will be opened by both parties immediately following the Seller's acceptance of this Agreement with
a mutually acceptable escrow agent The Purchaser's earnest money deposit of 50.00 is to be placed in a trust
account acceptable to the Seller within 24 hosts of the Seller's acceptance. This Agreement signed by the Purchaser and reflecting the
terms verbally accepted by the Seller must be received by the Seller within five (5) calendar days of the Verbal Acknowledgement Date.
If the Seller does not receive the signed Agreement by such date, this Agreement shall be null and void. In addition, this Agreement
shall be null and void if the signed Agreement' is not received by the Seller before the Seller accepts a competing offer, or gives verbal
notice of revocation either to the Purchaser, the Purchaser's agent or attorney, or the listing agent As used in this paragraph, the term
"received by the Seller" means actual receipt -7y the Seller of the Purchaser's written acceptance of these documents by the Seller's
listing agent
The Purchaser shall present proof. satisfactory to the Seller, of the Purchaser's prequalification for a mortgage loan in an amount and
under terms sufficient for the Purchaser to perform its obligations under this Agreement. The pregtWification shall include but is not
limited to, a certification of prequalification or a mortgage loan commitment from a mortgage lender, a satisfactory credit report and/or
proof of funds sufficient to meet the Purchaser's obligations trader this Agreement The Purchaser's submission of proof of
prequalification is a condition precedent to the Seller's acceptance. The Seller may require the Purchaser to obtain, at no cost to the
Purchaser, loan prequalification from a Seller approved third party lender. Notwithstanding any Seller required prequalification, the
Purchaser acknowledges that Purchaser is free to obtain financing from any source
2. Time ofthe Essence:ClosineDate:
(a) It is agreed that time is of the essence witn respect to all dates specified in this Agreement and any addenda, riders or amendments
thereto. This means that all deadlines are intended to be strict and absolute.
�
(b)The closing shall take place on or before !'E J/2 or or within five (5) days of final loan approval by the lender,whichever is earlier,
unless the closing date is extended in writing signed by the Seller and the Purchaser or extended by the Seller under the terms of
this Agreement The closing shall be helc in the offices of the Seller's attorney or agent, or at a place so designated and approved
by the Seller, unless otherwise required by applicable law. If the closing does not occur by the date specified in this Section 2 of
the Addendum, or in any extension, this Agreement is automatically terminated and the Seller shall retain any earnest money
deposit as liquidated damages.
(c) In the event the Seller agrees to the Purcnaser's request for a written extension of this Agreement,the Purchaser agrees to pay to
the Seller a per diem of 50.00 through and including the closing date specified in the written extension. If the
sale does not close by the date specified in the written extension agreement the Seller may retain the earnest money deposit and
the accrued per them payment as liquidated damages.
3. Financing: This Agreement (check one): ( ) is, ( n is not, contingent on the Purchaser obtaining financing for the purchase of the
Property. If this Agreement is contingent on financing,the type of financing shall be the following(check one):
O Fannie Mae Special REO Financing from a participating lender
(}Conventional
OFRA
()VA
O Other(specify:)
All Financing. (This paragraph applies to all financing, whether or not it is Fannie Mae Special REO or other financing.) If this
Agreement is contingent on financing,the Purchaser shall apply for a loan in the amount of 5 with a term
of years, at prevailing rates, terms and conditions. The Purchaser shall complete and submit to a mortgage lender, of the
Purchaser's choice, an application for a mortgage loan containing the terms set forth in this paragraph within five (5) calendar days
of the Verbal Acknowledgement Date.and shall use diligent efforts to obtain a mortgage loan commitment by . If.despite
the Purchaser's diligent efforts, the Purchaser cannot obtain a mortgage loan commitment by the specified date, then either the
Purchaser or the Seller may terminate this: Agreement by giving written notice to the other party, The Purchaser's notice must
include a copy of the loan application, prouf of the application date, and a copy of the denial letter from the prospective lender, in
the event of a proper termination of this Agreement under this paragraph. the earnest money deposit shall be returned to the
Purchaser and the parties shall have no further obligation to each other under this Agreement The Purchaser agrees to cooperate
and comply with all requests for documents and information from the Purchaser's chosen lender during the loan application
process. Failure of the Purchaser to comply with such requests from the lender that results in the denial of the mortgage loan will
be a breach of this Agreement and the Seller shall be entitled to retain any earnest money deposited by the Purchaser.
(a) The Purchaser is aware that the price anc terms of this transaction were negotiated on the basis of the type of financing selected
by the Purchaser. Any change as to the terms or a change in the Purchaser's lender after negotiations have been completed will
require renegotiatio(u of all terms of this Agreement
PURCHASER(Initials)
SELLER(Inivats)
NPDC FORM 001(711710]7) EXHIBIT "A"
(b) The Purchaser shall ensure that the leader selected by the Purchaser to finance the sale shall fund the settlement agent as of the
date of settlement. The Purchaser shall further ensure that the selected lender shall provide all lender prepared closing
documentation to the settlement agent no later than 48 hours prior to settlement. Any delays in closing and funding as a result of
the Purchaser's selected lender shall be tbu responsibility of the Purchaser.
4. Use of Property: The Purchaser (check one): (_ND does, does not, intend to use and occupy the Property as Purchaser's primary
� lll�ll
residence.
S. Inspections:
(a) On or before 10 calendar days from the Verba: Acknowledgement Date, the Purchaser shall inspect the Property or obtain for its
own use, benefit and reliance, inspections and/or reports on the condition of the Property, or be deemed to have waived such
inspection and any objections to the condition of the Property and to have accepted the Property. The Purchaser shall keep the
Property free and clear of liens and indemnify and hold the Seller harmless from all liability claims, demands, damages, and costs
related to the Purchaser's inspection and the Purchaser shall repair all damages arising from or caused by the inspections. The
Purchaser shall not directly or indirsetiy cause any inspections to be made by any government building or zoning inspectors or
government employees without the prior written consent of the Seller, unless required by law, in which case, the Purchaser shall
provide reasonable notice to the Selb.; prior to any such inspection. If the Seller has winterized this Property and the Purchaser
desires to have the Property inspected, listing agent will have the Property dewinterized prior to inspection and rewinterized after
inspection. The Purchaser agrees to pay this expense in advance to the listing agent. The amount paid under this provision shall
be nonrefundable.
Within five (5) calendar days of receipt of any inspection report prepared by or for the Purchaser, but not later than 10 days from
the Verbal Acknowledgment Date, wlrichever first occurs, the Purchaser will provide written notice to the Seller of any items
disapproved. The Purchaser's silence shalt be deemed as acceptance of the condition of the Property. The Purchaser shall provide
to the Seller, at no cost, upon request by the Seller, complete copies of all inspection reports upon which the Purchaser's
disapproval of the condition of the property is based. In no event shall the Seller be obligated to make any repairs or replacements
that may be indicated in the Purchaser's inspection reports. The Seller may, at its sole discretion,make such repairs to the Property
under the terms described in Section 7 of this Addendum. If the Seller elects not to repair the Property, The Purchaser may cancel
this Agreement and receive all earnest money deposited_ If the Seller elects to make any such repairs to the Property, the Seller
shall notify the Purchaser after completion of the repairs and the Purchaser shall have 5 days from the date of notice, to inspect the
repairs and notify the Seller of any items disapproved.The Purchasers silence shall be deemed as acceptance.
In situations that are applicable, a structural, electrical, mechanical or termite inspection report may have been prepared for the
benefit of the Seller. Upon request the Purchaser will be allowed to review the report to obtain the same information and
knowledge the Seller has about the condition of the Property but the Purchaser acknowledges that the inspection reports were
prepared for the sole use and benefit of the Seller. The Purchaser will not rely upon any such inspection reports obtained by the
Seller in making a decision to purchase the Property.
(b) If the Property is a condominium or planned unit development or co-operative, unless otherwise required by law, the Purchaser, at
the Purchaser's own expense, is responsible for obtaining and reviewing the covenants, conditions and restrictions and bylaws of
the condominium, or planned unit development or cooperative within (10) days of execution of this Agreement by both parties
pursuant to paragraph I hereof. The Seller agrees to use reasonable efforts, as determined at the Seller's sole discretion, to assist
the Purchaser in obtaining a copy of the covenants, conditions and restrictions and bylaws. The Purchaser will be deemed to have
accepted the covenants, conditions and restrictions and by laws if the Purchaser does not notify the Seller in writing, within 15
days of execution of this Agreement,of the Purchaser's objection to the covenants,conditions and restrictions and/or bylaws.
6. CONDITION OF PROPERTY: THE PURCHASER UNDERSTANDS THAT THE SELLER ACQUIRED THE PROPERTY BY
FORECLOSURE, DEED-IN-LIEU OF FORECLOSURE,FORFEITURE,TAX SALE,RIGHT OF EMINENT DOMAIN OR SIMMAR
PROCESS AND CONSEQUENTLY,THE SELLER HAS LITTLE OR NO DIRECT KNOWLEDGE CONCERNING THE CONDITION
OF THE PROPERTY. AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY THE SELLER UNDER THIS
AGREEMENT AS NEGOTIATED AND AGREED TO BY THE PURCHASER AND THE SELLER, THE PURCHASER
ACKNOWLEDGES AND AGREES TO ACCEPT THE PROPERTY IN "AS IS" CONDITION AT THE ITME OF CLOSING,
INCLUDING, WITHOUT LIMITATION, ANY HIDDEN DEFECTS OR ENVIRONMENTAL CONDMONS AFFECTING THE
PROPERTY, WHETHER KNOWN OR UNKNOWN WHETHER SUCH DEFECTS OR CONDITIONS WERE DISCOVERABLE
THROUGH INSPECTION OR NOT. THE PURCHASER ACKNOWLEDGES THAT TEE SELLER, ITS AGENTS AND
REPRESENTATIVES HAVE NOT MADE AND THE SELLER SPECIFICALLY NEGATES AND DISCLAIMS ANY
REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES, IMPLIED OR EXPRESS,
ORAL OR WRITTEN IN RESPECT TO:
(A)THE PHYSICAL,CONDITION OR ANY OTHER ASPECT OF THE PROPERTY INCLUDING THE STRUCTURAL INTEGRITY
OR THE QUALITY OR CHARACTER OF MATERIALS USED IN CONSTRUCTION OF ANY IMPROVEMENTS,
AVAILABILITY AND QUANTI'T'Y OR QUALITY OF WATER, STABILITY OF THE SOIL, SUSCEPTIBIZTTY TO
LANDSLIDE OR FLOODING,SUFFICIENCY OF DRAINAGE,WATER LEAKS,WATER DAMAGE,MOLD OR ANY OTHER
MATTER AFFECTING THE STABH.JTY,INTEGRITY,OR CONDITION OF THE PROPERTY OR IMPROVEMENTS;
(B) THE CONFORMITY OF THE PROPERTY OR THE DUPROVEMENTS TO ANY ZONING,LAND USE OR BUILDING CODE
REQUIREMENTS OR COMPLIANCE WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS Of ANY FEDERAL,
STATE OR LOCAL GOVERNMENTAL AUTHORITY, OR THE GRANTING OF ANY REQUIRED PERMITS OR
APPROVALS, IF ANY, OF ANY GOVERNMENTAL BODIES WHICH HAD JURISDICTION OVER THE, CONSTRUCTION
OF THE ORIGINAL STRUCTURE,ANY IMPROVEMENTS AND/OR ANY REMODELING OF THE STRUCTURE;AND
(C) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE PROPERTY OR IMPROVEMENTS INCLUDING REDHIBTTORY VICES AND DEFECTS, APPARENT,
NON APPARENT OR LATENT,WHICH NOW EXIST OR WHICH MAY HEREAFTER EXIST AND WHICH IF KNOWN TO
THE PURCHASER,WOULD CAUSE THE PURCHASER TO REFUSE TO PURCHASE THE PROPERTY.
PURCHASER(Initials)
SELLER(Initials)
NPDO FORM 001(71172007) 2 -
Mold, mildew, spores and/or other microscopic organisms and/or allergens (collectively referred to in this Agreement as "Mold")
are environmental conditions that are common in residential properties and may affect the Property. Mold, in some forms, has been
reported to be toxic and to cause serious physical injuries, including but not limited to,allergic and/or respiratory reactions or other
problems, particularly in persons with immune system problems,young children and/or elderly persons. Mold has also been reported
to cause extensive damage to personal and real property. Mold may have been removed or covered in the course of any cleaning or
repairing of the Property. The Purchaser acknowledges that, if Seller, or any of Seller's employees, contractors, or agents cleaned
or repaired the Property or remediatcd Mold contamination, that Seller does not in. any way warrant the cleaning, repairs or
remediation. Purchaser accepts full responsibility for all hazards that may result from the presence of Mold in or around the
Property. The Purchaser is satisfied with the condition of the Property notwithstanding the past or present existence of Mold in or
around the Property and Purchaser has not in any way, relied upon any representations of Seller, Seller's employees, officers,
directors,contractors,or agents concerning the pastor present existence of Mold in or around the property.
In the event the Property is affected by an environmental hazard, as determined by the Seller, either patty may terminate this
Agreement In the event the Seller decides to sell the Property to the Purchaser and the Purchaser agrees to purchase the Property, the
Purchaser agrees to execute a general release at closing, in a form acceptable to Seller, releasing the Seller from any liability related to
the environmental hazard or conditions of the Property. In the event the Purchaser elects not to execute the disclosure and release, at
the Sellers discretion,this Agreement is automatically terminated.
In the event the Seller has received official notice that the Property is in violation of building codes or similar laws or regulations, the
Seller may terminate this Agreement or delay the date of closing or the Purchaser may terminate this Agreement In the event this
Agreement is terminated by either Purchaser or Seller pursuant to this Section 6 of this Addendum, any earnest money deposit will be
returned to the Purchaser. If there is an enforcement proceeding arising from allegations of such violations before an enforcement
board, special master, court or similar enforcement body, and neither the Purchaser nor the Seller terminate this Agreement, the
Purchaser agrees (a) to accept the Property subject to the violations, (b) to be responsible for compliance with the applicable code and
with orders issued in any code enforcement proceeding and (c) to resolve the deficiencies as soon as possible after the closing. The
Purchaser agrees to execute any and all documents necessary or required for closing by any_agency with jurisdiction over the Property.
The Purchaser further agrees to indemnify the Seller from any and all claims or liability arising from the Purchaser's breach of this
Section 6 of this Addendum.
The closing of this sale shall constitute acknowledgement by the Purchaser that Purchaser had the opportunity to
retain an independent, qualified professional to inspect the Property and that the condition of the Property is
acceptable to the Purchaser. The Purchaser agrees that the Seller shall have no liability for any claims or losses
the Purchaser or the Purchaser's successors or assigns may incur as a result of construction or other defects
which may now or hereafter exist with respect to the Property.
The Seller is exempt from filing a disclosure statement as the Property was acquired through foreclosure, deed in lieu of foreclosure,
forfeiture, tax sale, eminent domain or similar process. For Alaska transactions, the Seller and the Purchaser have previously executed a
waiver of the disclosure provisions of Alaska statutes.
7. Repairs: All treatments for wood infesting organisms and other repairs will be completed by a vendor approved by the Seller, and will
be subject to the Seller's satisfaction only. If the Seller has agreed to pay for treatment of wood infesting organisms, the Seller shall
treat only active infestation. Neither the Purchaser, nor its representatives, shall enter upon the Property to make any repairs and/or
treatments prior to closing without the prior written consent of the Seller. To the extent that the Purchaser or its representatives
makes repairs and/or treatments to the Property prior to closing, the Purchaser hereby agrees to release and indemnify the Seller
from and against any and all claims related in any way to the repairs and/or treatments and further agrees to execute a release and
indemnification in a form acceptable to the Seller prior to the commencement of any such repairs or treatments. The Purchaser
acknowledges that all repairs and treatments are done for the benefit of the Seller and no. for the benefit of the Purchaser and that the
Purchaser has inspected or has been given the opportunity to inspect repairs and treatments. Any repairs or treatments made or caused
to be made by the Seller shall be completed prior to the closing. Under no circumstances shall the Seller be required to make any repairs
or treatments after the Closing Date. The Purchaser acknowledges that closing on this transaction shall be deemed the Purchaser's
reaffirmation that the Purchaser is satisfied with the condition of the Property and with all repairs and treatments to the Property
and waives all claims related to such condition and to the quality of the repairs or treatments to the Property. Any repairs or
treatments shalt be performed for functional purposes only and exact restoration of appearance or cosmetic items following any repairs
or treatments shall not be required. The Seller shall not be obligated to obtain or provide to the Purchaser any receipts for repairs, or
treatments, written statements indicating dates or types of repairs and/ or treatments or copies of such receipts or statements nor any
other documentation regarding any repairs and treatments to the Property. THE SELLER DOES NOT WARRANT OR GUARANTEE
ANY WORK,REPAIRS OR TREATMENTS TO THE PROPERTY.
8. Occupancy Status of Prop=: The Purchaser acknowledges that neither the Seller, nur its representatives, agents or assigns, has
made any warranties or representations, implied or expressed, relating to the existence of any tenants or occupants at the Property
unless otherwise noted in Section 38 of this Addendum. The Purchaser acknowledges that closing on this transaction shall be
deemed the Purchaser's reaffirmation that neither the Seller, nor its representatives, agents or assigns, has made any warranties or
representations, implied or expressed, relating to the existence of any tenants or occupants at the Property unless otherwise noted in
Section 38 of this Addendum. The Seller, its representatives, agents or assigns, shall not be responsible for evicting or relocating any
tenants, occupants or personal property at the Property prior to or subsequent to closing unless otherwise noted in Section 38 of this
Addendum.
The Purchaser further acknowledges that to the best of the Purchaser's knowledge, the Seller is not holding any security deposits from
former or current tenants and has no information as to such security deposits as may have been paid by the former or current tenants
to anyone and agrees that no sums representing such tenant security deposits shall be transferred to the Purchaser as part of this
transaction. The Purchaser further agrees to assume all responsibility and liability for the refund of such security deposits to the
tenants pursuant to the provisions of applicable laws and regulations. All rents, due and payable and collected from tenants for the
month in which closing occurs will be prorated according to the provisions of Section 10 of this Addendum.
The Purchaser acknowledges that this Property may be subject to the provisions of local rent control ordinances and regulations. The
Purchaser agrees that upon the closing all eviction proceedings and other duties and responsibilities of a property owner and landlord,
PURCHASER(Initials)
SELLER(Initials)
Woe FOAM O01 Q 11712007) 3
including but not limited to, those proceedings required for compliance with such local rent control ordinances and regulations, will be
the Purchaser's sole responsibility.
9. Personal Property: items of personal property, including but not limited to window coverings, appliances, manufactured homes, mobile
homes, vehicles, spas; antennas, satellite dishes and garage door openers, now or hereafter located on the Property are not included in
this sale or the purchase price unless the personal property is specifically described and referenced in Section 38 of this Addendum.
Any personal property at or on the Property may be subject to claims by third parties and, therefore, may be removed from the Property
prior to or after the Closing Date. The Seller makes no representation or warranty as to the condition of any personal property, title
thereto, or whether ally personal property is encumbered by any liens. The Purchaser assumes responsibility for any personal property
remaining on the Property at the time of closing.
10. Closine Costs and Adjustments:
(a) The Purchaser and the Seller agree to prorate the following expenses as of closing and funding: municipal water and sewer charge&
utility charges, real estate taxes and assessments, common area charges, condominium or planned unit development or similar
community assessments, co-operative fees, maintenance fees, and rents, if any. In determining prorations, the funding date shall be
allocated to the Purchaser. Payment of special assessment district bonds and assessments, and payment of homeowner's
association or special assessments shall be paid current and prorated between the Purchaser and the Seller as of closing date with
payments not yet due and owing to be assumed by the Purchaser without credit toward purchase price. The Property taxes shall be
prorated based on an estimate or actual taxes from the previous year on the Property. All prorations shall be based upon a 30-day
month and all such proration shall be final. The Seller shall not be responsible for any amounts due, paid or to be paid after closing,
including but not limited to, any taxes, penalties or interest assessed or due as a result of retroactive, postponed or additional taxes
resulting from any rhange in use oh or construction on, or improvement to the Property, or an adjustment in the appraised value of
the Property. In the event the Seller has paid any taxes. special assessments or other fees and there is a refimd of any such taxes,
assessments or fees after closing, and the Purchaser as current owner of the Property receives the payment, the Purchaser will
immediately submit the refund to the Seller. If the Property is heated by or has storage tanks for fuel oil, liquefied petroleum gases or
similar fuels,the Purchaser will buy the fuel in the tank at closing at the current price as calculated by the supplier.
(b) Regardless of local custom, requirements or practice, the Purchaser shall pay any and all realty transfer taxes due as a result of
the conveyance of the Property. The Purchaser shall pay all other costs and fees incurred in the transfer of the Property,
including cost of any survey, title policy, escrow or closing fees and lender required fees, except as expressly assumed by the
Seller in Section 38 of this Addendum.
(c) If Fannie Mae is the owner and the Seller hereunder, the Purchaser acknowledges that Fannie Mae is a congressionally chartered
corporation and is exempt from realty transfer taxes pursuant to 12 U.S.C.1723a(c)(2).
(d) The Seller shall pay the real estate commission per the listing agreement between the Seller and the Seller's listing broker.
11. Delivery of Funds: Regardless of local custom, requirements, or practice, upon delivery of the deed by the Seller to the Purchaser, the
Purchaser shall deliver all funds due the Seller from the sale in the form of cash, bank check, certified check or wire transfer. An
attorney's trust fund check shall not be sufficient to satisfy this provision unless the bank holding the account on which the trust fund
check is drawn certifies the trust fund cheek.
12. Certificate of Occupancy: If the Property is located in a jurisdiction that requires a certificate of occupancy, smoke detector certification,
septic certification or any similar certification or permit ("Certificate of Occupancy") or any form of improvement or repair to the
Property to obtain such Certificate of Occupancy necessary for the Property to be occupied, the Purchaser understands that the Seller
requires the Certificate of Occupancy to be obtained by the Purchaser at the Purchaser's sole cost and expense. The Purchaser shall
make application for all Certificates of Occupancy within ten (10) days of the Verbal Acknowledgment Date, The Purchaser shall not
have the right to delay the closing due to the Purchaser's failure or inability to obtain any required Certificate of Occupancy. Failure of
the Purchaser to obtain and famish the Certificate of Occupancy shall be a material breach of the Agreement Neither the Purchaser,
nor its representatives, shall enter upon the Property to make any repairs and/or treatments prior to closing without the prior
written consent of the Seller. To the extent that the Purchaser or its representatives makes repairs and/or treatments to the Property
prior to closing, the Purchaser hereby agrees to release and indemnify the Seller from and against any and all claims related in any
way to the repairs and/or treatments and further agrees to execute a release and indemnification in a form acceptable to the Seller
prior to the commencement of any such repairs or treatments.
13. Delivery of Possession of Pronerty: The Seller shall deliver possession of the Property to the Purchaser at closing and funding of sale.
The delivery of possession shall be subject to the rights of any tenants or parties in possession per Section 8 of this Addendum. If
the Purchaser alters the Property or causes the Property to be altered in any way and/or occupies the Property or allows any other
person to occupy the Property prior to closing and finding without the prior written consent of the Seller, such event shall constitute a
breach by the Purchaser under this Agreement and the Seller may terminate this Agreement and the Purchaser shall be liable to the
Seller for damages caused by any such alteration or occupation of the Property prior to closing and funding and waives any and all
claims for damages or compensations for improvements made by the Purchaser to the Property including, but not limited to, any claims
for unjust enrichment.
PURCHASER(Initials)
SELLER(Initials)
NPCC FORM 001()11]2007) 4
14. Deed: The deed to be delivered at closing shall be a deed that covenants that grantor grants only that tide which grantor may have and
that grantor will only defend title against persons claiming by, through, or under the grantor, but not otherwise (which deed may be
known as a Special Warranty. Limited Warranty, Quit Claim or Bargain and Sale Deed). Any reference to the term "Deed" or `Special
Warranty Deed"herein shall be construed to refer to such form of decd.
_)(check if applicable) Seller's deed shall include the following decd restriction:
GRANTEE HEREIN SHALL BE PROHIBITED FROM CONVEYING CAPTIONED PROPERTY TO A BONAFIDE PURCHASER FOR
VALUE FOR A SALES PRICE OF GREATER THAN$_FOR A PERIOD OF_MONTH(S)FROM THE DATE OF THIS DEED.GRANTEE
SHALL ALSO BE PROHIBITED FROM ENCUMBERING SUBJECT PROPERTY WITH A SECURITY INTEREST IN THE PRINCIPAL
AMOUNT OF GREATER THAN $_FOR A PERIOD OF_MONTH(S) FROM THE DATE OF THIS DEED. THESE RESTRICTIONS
SHALL RUN WITH THE LAND AND ARE NOT PERSONAL TO GRANTEE.
THIS RESTRICTION SHALL TERMINATE IMMEDIATELY UPON CONVEYANCE AT ANY FORECLOSURE SALE RELATED TO A
MORTGAGE OR DEED OF TRUST.
15. Defects in Title: If the Purchaser raises an objection to the Seller's title to the Property, which, if valid, would make title to the Property
uninsurable, the Seller shall have the right unilaterally to terminate this Agreement by giving written notice of the termination to the
Purchaser. However, if the Seller is able to correct the problem through reasonable efforts, as the Seller determines, at its sole and
absolute discretion, prior to the closing date set forth in this Agreement, including any written extensions, or if title insurance is
available from a reputable title insurance company at regular rates containing affirmative coverage for the title objections, then this
Agreement shall remain in full force and the Purchaser shall perform pursuant to the terms set in this Agreement. The Seller is not
obligated to remove any exception or to bring any action or procet:ding or bear any expense in order to convey title to the Property or
to make the title marketable and/or insurable but any attempt by the Seller to remove such title exceptions shall not impose an
obligation upon the Seller to remove those exceptions. The Purchaser acknowledges that the Seller's title to the Property may be
subject to court approval of foreclosure or to mortgagor's right of redemption. In the event the Seller is not able to (a) make the title
insurable or correct any problem or (b) obtain title insurance from a reputable title insurance company, all as provided herein, The
Purchaser may terminate this Agreement and any earnest money deposit will be returned to the Purchaser as the Purchaser's sole
remedy at law or equity.
16. Representations and Warranties:
The Purchaser represents and warrants to the Seller the following:
(a) The Purchaser is purchasing the Property solely in reliance or. its own investigation and inspection of the Property and not on any
information, representation or warranty provided or to be provided by the Seller, its servicers, representatives, brokers, employees,
agents or assigns;
(b) Neither the Seller, nor its servicers, employees, representatives, brokers, agents or assigns, has made any representations or
warranties, implied or expressed, relating to the condition of the Property or the contents thereo& except as expressly set forth in
Section 38 of this Addendum;
(c) The Purchaser has not relied on any representation or warranty from the Seller regarding the nature, quality or workmanship of
any repairs made by the Seller,and
(d) The Purchaser will not occupy or cause or permit others to occupy the Property prior to closing and funding and, unless and until
any necessary Certificate of Occupancy has been obtained from the appropriate governmental entity, will not occupy or cause or
permit others to occupy the Property after closing.
(e) The Purchaser I I has[X]has not previously purchased a Fannie Mae owned property.
17. WAIVERS:
AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY THE SELLER UNDER THIS AGREEMENT AS
NEGOTIATED AND AGREED TO BY THE PURCHASER AND THE SELLER,THE PURCHASER WAIVES THE FOLLOWING:
(A)ALL RIGHTS TO FILE AND MAINTAIN AN ACTION AGAINST THE SELLER FOR SPECIFIC PERFORMANCE;
(B) RIGHT TO RECORD A LIS PENDENS AGAINST THE PROPERTY OR TO RECORD THIS AGREEMENT OR A
MEMORANDUM THEREOF IN THE REAL PROPERTY RECORDS;
(C) RIGHT TO INVOKE ANY OTHER EQUITABLE REMEDY THAT MAY BE AVAILABLE THAT IF INVOKED, WOULD
PREVENT THE SELLER FROM CONVEYING THE PROPERTY TO A THIRD PARTY PURCHASER;
(D)ANY AND ALL CLAIMS ARISING FROM THE ADJUSTMENTS OR PRORATIONS OR ERRORS IN CALCULATING THE
ADJUSTMENTS OR PRORATIONS THAT ARE OR MAY BE DISCOVERED AFTER CLOSING;
(E) ANY CLAIMS FOR FAILURE OF CONSIDERATION AND/OR MISTAKE OF FACT AS SUCH CLAIMS RELATE TO THE
PURCHASE OF THE PROPERTY OR ENTERING INTO OR EXECUTION OF OR CLOSING UNDER THIS AGREEMENT;
(F)ANY REMEDY OF ANY KIND,INCLUDING BUT NOT LZUTED TO RESCISSION OF THIS AGREEMENT,OTHER THAN AS
EXPRESSLY PROVIDED IN SECTION 19 OF THIS ADDENDUM,TO WHICH TILE PURCHASER MIGHT OTHERWISE BE
PURCHASER Oniflals)
SELLER(1nidais)
NPOO FORM 001(71192007) 5
ENTITLED AT LAW OR EQUITY WHETHER BASED ON MUTUAL VIISTAKE OF FACT OR LAW OR OTHERWISE;
(G)TRIAL BY JURY,EXCEPT AS PROHIBITED BY LAW,IN ANY LITIGATION ARISING FROM OR CONNECTED WITH OR
RELATED TO THIS AGREEMENT;
(I) ANY CLAIMS OR LOSSES THE PURCHASER MAY INCUR AS A RESULT OF CONSTRUCTION ON, REPAIR TO, OR
TREATMENT OF THE PROPERTY,OR OTHER DEFECTS,WHICH MAY NOW OR HEREAITER EXIST WITH RESPECT TO
THE PROPERTY;
(I) ANY CLAIMS OR LOSSES RELATED TO ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY INCLUDING,
BUT NOT LIMITED TO,MOLD,LEAD PAINT,FUEL OIL,ALLERGENS,OR OTHER TOXIC SUBSTANCES OF ANY KIND;
(J)ANY RIGHT TO AVOID THIS SALE OR REDUCE THE PRICE OR HOLD THE SELLER RESPONSIBLE FOR DAMAGES ON
ACCOUNT OF THE CONDITION OF THE PROPERTY,LACK OF SUITABILITY AND FITNESS, OR REDHIBITORY VICES
AND DEFECTS,APPARENT,NONAPPARENT OR LATENT,DISCOVERABLE OR NONDISCOVERABLE;AND
(K) ANY CLAIM ARISING FROM ENCROACHMENTS, EASEMENTS, SHORTAGES IN AREA OR ANY OTHER MATTER
WHICH WOULD BE DISCLOSED OR REVEALED BY A SURVEY OR INSPECTION OF THE PROPERTY OR SEARCH OF
PUBLIC RECORDS.
References to the "Seller" in this Section 17 of the Addendum shall include the Seller and the Seller's servicers, representatives,
agents,brokers,employees,or assigns
In the event that the Purchaser breaches any of the wan-antics described or contemplated under this Section 17 of this Addendum and
a court finds that such action is without merit, the Purchaser shall pay all reasonable attorneys fee and cost incurred by the Seller in
defending such action, and the Purchaser shall pay Five Thousand Dollars ($5,000) as liquidated damages for breach of this Section 17
of the Addendum, which amount shall be in addition to any liquidated damages held or covered by the Seller pursuant to Section 19 of
this Addendum.
18. Conditions to the Sellers Performance: The Seller shall have the right, at the Seller's sole discretion, to extend the closing date or to
terminate this Agreement if:
(a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the
closing date or the mortgage insurance company exercises its right to acquire title to the Property;
(b) The Seller determines that it is unable to convey good and marketable title to the Property insurable by a reputable title insurance
company at regular rates;
(c) The Seller has requested that the servicing lender,or any other party,repurchase the loan previously secured by the Property;
(d) a third party with rights related to the sale of the property does not approve the sale terms.
(e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing or date set forth herein for
closing;
(f) any third parry, whether tenant homeowner's association, or otherwise, exercises rights under a right of first refusal to purchase
the Property;
(g) the Purchaser is the former mortgagor of the Property whose interest was foreclosed, or is related to or affiliated in any way with
the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller's acceptance of this Agreement
Such failure to disclose shall constitute default under this Agreement entitling the Seller to exercise any of its rights and remedies,
including,without limitation,retaining the earnest money deposit;or
(h) the Seller, at the Seller's sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in
any way associated with illegal activity of any kind.
In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (c) or (g) above, the Seller shall return the
Purchaser's earnest money deposit and the parties shall have no further obligation under this Agreement except as to any provision
that survives termination pursuant to Section 24 of this Addendum.
19. Rem edies for Default:
(a) In the event of the Purchaser's default material breach or material misrepresentation of any fact under the terms of this
Agreement the Seller, at its option, may retain the earnest money deposit and any other funds then paid by the Purchaser as
liquidated damages and/or invoke any other remedy expressly set out in this Agreement and the Seller is automatically released
from the obligation to sell the Property to the Purchaser and neither the Seller nor its representatives, agents, attorneys,
successors, or assigns shall be liable to the Purchaser for any damages of any kind as a result of the Seller's failure to sell and
convey the Property.
(b) In the event of the Seller's default or material breach under the terms of this Agreement or if the Seller terminates this Agreement
as provided under the provisions of this Agreement, the Purchaser shall be entitled to the return of the earnest money deposit as
Purchaser's sole and exclusive remedy at law and/or equity. Any reference to a return of the Purchaser's earnest money deposit
contained in the Agreement shall mean a return of the earnest money deposit less any escrow cancellation fees applicable to the
Purchaser under this Agreement and less fees and costs payable for services and products provided during escrow at the
Purchaser's request The Purchaser waives any claims that the Property is unique and the Purchaser acknowledges that a return
of its earnest money deposit can adequately and fairly compensate the Purchaser. Upon return of the earnest money deposit to
the Purchaser,this Agreement shall be terminated.and the Purchaser and the Seller shall have no further liability,no further
PURCHASER pnitiats)
SELLER(tnibats)
rmoc FORM 001 p11712co7r g
obligation, and no further responsibility each to the other and the Purchaser and the Seller shall be released from any further
obligation each to the other in connection with this Agreement
(c) The Purchaser agrees that the Seller shall not be liable to the Purchaser for any special, conseque,,dal or punitive damages
whatsoever, whether in contract tort (including negligence and strict liability) or any other legal or equitable principle, including
but not limited to any cost or expense incurred by the Purchaser in selling or surrendering a lease on a prior residence, obtaining
other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to
this Agreement or a breach of this Agreement
(d) Any consent by any party to, or waiver of. a breach by the other, whether express or implied, shall not constitute consent to,
waiver of,or excuse for any different or subsequent breach.
(e) In the event either party elects to exercise its remedies as described in this Section 19 of this Addendmr and this Agreement is
terminated, the parties shall have no further obligation under this Agreement except as to any provision that survives the
termination of this Agreement pursuant to Section 24 of this Addendum.
sR indernniftca" The Purchaser agrees to indemnify and fully protect, defend, and hold the Seller, its officers, directors, employees,
shareholders,servi representatives,agents,attorneys,tenants,brokers,successors or assigns harmless from and again<r any and
all claims, costs, liens, damages, attorney's fees and expenses of every kind and nature that may be sustained by or made against
the Seller, its officers, dire employees, shareholders serviceM representatives, agents, attorneys, tenants, brokers, successors or
assigns,resulting from or arising out
(a) inspections or repairs made by the Purha.s ,r• r its agents,employees,contractors,successors or assigns
(b) the imposition of any fine or penalty imposed any governmental entity resulting from the Purchaser's failure to timely obtain
any Certificate of Occupancy or to comply with equivalent d regulations.
(c) claims for amounts due and owed by the Seller for taxes, homeowner ociation dues or assessment or any other items prorated at
closing under Section 10 of this Addendum, including any penalty or in other charges, arising from the proration of such
amounts for which the Purchaser received a credit at closing under Section 10 of this Add and
(d) the Purchaser's or the Purchaser's tenants, agents or representatives use and /or occupancy of the erty prior to closing and/or
issuance of required certificates of occupancy.
?i. Risk of Loss: The Purchaser assumes all risk of loss related to damage to the Property. In the event of fire, destruction or other
casualty loss to the Property after the Seller's acceptance of this Agreement and prior to closing and funding, the Seller may, at its sole
discretion,repair or restore the Property, or the Seller may terminate this Agreement If the Seller elects to repair or restore the Property,
then the Seller may, at its sole discretion, limit the amount to be expended. If the Seller elects to repair or restore the Property, the
Purchaser's sole and exclusive remedy shall be either to acquire the Property in its then condition at the Purchase Price with no
reduction thereof by reason of such loss or terminate this Agreement and receive a refund of any earnest money deposit
22. Eminent Domain: In the event that the Seller's interest in the Property, or any part thereof shall have been taken by eminent domain
or shall be in the process of being taken on or before the closing date, either party may terminate this Agreement and the earnest
money deposit shall be returned to the Purchaser and neither party shall have any further rights or liabilities hereunder except as
provided in Section 24 of this Addendum.
2:. Keys: The Purchaser understands that if the Seller is not in possession of keys, including but not limited to, mailbox keys, recreation
area keys, gate cards, or automatic garage remote controls, then the cost of obtaining the same will be the responsibility of the
Purchaser. The Purchaser also understands that if the Property includes an alarm system, the Seller cannot provide the access code
and/or key and that the Purchaser is responsible for any costs associated with the alarm and/or changing the access code or obtaining
keys. If the Property is presently on a Master Key System, the Seller will re-key the exterior doors to the Property prior to closing and
funding at the Purchaser's expense. The Purchaser authorizes and instructs escrow holder to charge the account of the Purchaser at
closing for the rekey..
24. Survival: Delivery of the deed to the Property to the Purchaser by the Seller shall be deemed to be full performance and discharge of all of
the Seller's obligations under this Agreement. Notwithstanding anything to the contrary in this Agreement, the provisions of Sections
6. 7, 8, 10, 12, 13, 16, 17, 19, 20, 21, 22, and 24 of this Addendum, as well as any other provision which contemplates performance or
observance subsequent to any termination or expiration of this Agreement, shall survive the closing, finding and the delivery of the
deed and/or termination of this Agreement by any party and continue in full force and effect.
25. Further Assurances: The Purchaser agrees to execute and deliver to the Seller at closing, or otherwise as requested by the Seller,
documents including Fannie Mae's NPDC Form 4 (Waiver and Release Regarding Property Condition at Closing), NPDC Form 5 (Tax
Proration Agreement) or documents that are substantially the same, and to take such other action as reasonably may be necessary to
further the purpose of this Agreement. Copies of referenced documents are available from the Seller's listing agent upon request by
the Purchaser_
26. Severabilitv: The invalidity, illegality or enforceability of any provision of this Agreement shall not affect the validity or enforceability
of any other provision of this Agreement,all of which shall remain in full force and effecL
27, Assignment of Agreement: The Purchaser shall not assign this Agreement without the express written consent of the Seller. The
Seller may assign this Agreement at its sole discretion without prior notice to,or consent of,the Purchaser.
22. EFFECT OF ADDENDUM:THIS REAL ESTATE PURCHASE ADDENDUM AMENDS AND SUPPLEMENTS THE CONTRACT AND,
IF APPLICABLE, ESCROW INSTRUCTIONS. IN THE EVENT THERE IS ANY CONFLICT BETWEEN THIS ADDENDUM AND
THE CONTRACT OR ESCROW INSTRUCTIONS OR NOTICE OR OTHER DOCUMENTS ATTACHED AND MADE A PART OF
THIS AGREEMENT,THE TERMS OF THIS ADDENDUM TAKE PRECEDENCE AND SHALL PREVAIL EXCEPT AS OTHERWISE
PROVIDED BY LAW.The undersigned,if executing this Agreement on behalf of a Seller and/or the Purchaser that is a corporation,
PURCHASER(Initials)
SELLER(Initials)
NMC FORM 001(/11]71007) 7
partnership, trust or other entity, represents and warrants that he/she is authorized by that entity to enter into this Agreement and bind
the entity to perform all duties and obligations stated in this Agreement.
29. Entire Agreement This Agreement, including the disclosure of information on lead based paint and/or lead based paint hazards or the
Seller Disclosure and Release Addendum or other disclosure forms or notices required by law, constitutes the entire agreement
between the Purchaser and the Seller concerning the subject matter hereof and supersedes all previous communications,
understandings, representations, warranties. covenants or agreements, either written or oral and there are no oral or other written
agreements between the Purchaser and the Seller. NO ORAL PROMISES, REPRESENTATIONS (EXPRESSED OR EWPLIED),
WARRANTIES OR AGREEMENTS MADE BY THE SELLER AND/OR BROI(MRS OR ANY PERSON ACTING ON BEHALF OF
THE SELLER SHALL BE DEEMED VALID OR BINDING UPON THE SELLER UNLESS EXPRESSLY INCLUDED IN THIS
AGREEMENT. All negotiations are merged into this Agreement. The Seller is not obligated by any ollier written or verbal statements
made by the Seller,the Seller's representatives,or any real estate licensee.
30. Modification: No provision, term or clause of this Agreement shall be revised, modified, amended or waived except by an instrument
in writing signed by the Purchaser and the Seller.
31. Rights of Others: This Agreement does not create any rights, claims or benefits inuring to any person or entity, other than Seller's
successors and/or assigns, that is not a party to this Agreement, nor does it create or establish any third party beneficiary to this
Agreement.
32. Counterparts: This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an
original,but all of which,when taken together,shall constitute one agreemcrd.
33. Headings: The titles to the sections and headings of various paragraphs of this Agreement are placed for convenience of reference
only and in case of conflict,the text of this Agreement,rather than such titics or headings shall control.
34. Gender. Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall be deemed to include the plural
of such nouns or pronouns and pronouns of one gender shall be deemed to include the equivalent pronoun of the other gender.
35. Force Maieure: Except as provided in Section 21 to the Addendum, no party shall be responsible for delays or failure of performance
resulting from acts of God. riots, acts of war, epidemics, power failures, earthquakes or other disasters, providing such delay or failure
of performance could not have been prevented by reasonable precautions and cannot reasonably be circumvented by such party
through use of alternate sources,workaround plans or other means.
36. Attomev Review: The Purchaser acknowledges that Purchaser has had the opportunity to consult with its legal counsel regarding this
Agreement and that accordingly the terms of this Agreement are net to be construed against any party because that party drafted this
Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of this
Agreement.
37. Notices Any notices required to be given under this Agreement shall be deemed to have been delivered when actually received in the
case of hand or ovemight delivery, or five (5) days after mailing by first class trail, postage paid, or by fax with confirmation of
transmission to the numbers below. All notices to the Seller will be deemed sent or delivered to the Seller when sent or delivered to
Seller's listing broker or agent or Seller's attorney, at the address or fax number shown below. All notices to the Purchaser shall be
deemed sent or delivered when sent or delivered to the Purchaser or the Purchaser's attorney or agent at the address or fax number
shown below.
38. Additional Terms or Conditions:
Seller to contribute up to S336.00 towards Buver s Closing Costs,Points.and/or Prenaids.
PURCHASER(Imtlals)
SELLER(Initials)
NPDC FORM 01(711772W) 8
rN VATITNESS WHEREOF,the Purchaser and the Seller have entered into this Agreement as of the date first set
forth above.
PU WHAS.SR(S): SELLER:
Signature: I X]FANNIE MAE:
Data: []FANNIE MAE as Agent and Attorney in Fact
NntPlarne: for
Address: By:
Date:
Telephon::_
Fax:
Signature:
Date:
Print Name:
Address:
Telephone:
Fax:
PURCHASER'S AGENT: SELLER'S AGENT:
Brokerage Firm: Dee Richards Real Estate Brokerage Finn: AMERICAN REAL ESTATE CORP.
Purc aser's Agent Name:Delods Richards Seller's Agent Name:LYNEA MINTON
Address:999 South Fourth St. Address:3550 DOWLEN RD.
SUITE A
Beamont TX 77701 BEAUMONTTX 77706
Telephone:409-839-4395() Telephone: 40M66-9129(13
Fax 409-839-4580 Fax:409-860-2996
Email Address Email Address Ivnea0americanrealestate.com
PURCHASER'S ATTORNEY: SELLER'S ATTORNEY:
Name: Name:
Address: Address:
Telephone: Telephone:
Far.:
PURCHt.:ER(Initials)
SELLER(Untials)
NPDC F0'i11A 001(71170W7) 9
4
March 23,2010
Consider approving a bid for the reconstruction of the walking trail at Sprott Park
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider the award of a bid for Reconstruction of
Sprott Park Walking Trail.
RECOMMENDATION
Administration recommends the award of a bid to Ranger Constructions of Galena Park in the
amount of$96,310.
BACKGROUND
Bids were received on Thursday, March 11, 2010 for furnishing all labor, materials, equipment
and supplies to reconstruct the walking trail at Sprott Park. The current asphalt walking path is
approximately 3,285 linear feet. The asphalt has deteriorated beyond repair and will be removed
and replaced with a five(5)ft. wide concrete walking path.
Six(6)bids were received for this project and are as follow:
CONTRACTOR LOCATION AMOUNT BID CALENDAR
DAYS
Ranger Constructions Galena Park $96,310.00 60
S &H Construction Groves, TX $96,459.75 90
Brammer Construction, Inc. Nederland $97,262.75 75
Bruce's General Construction Beaumont $112,871,25 60
Allco Beaumont $127,000.00 90
Norman Expressway Int'1 Orangefield $130,925.00 60
Reconstruction of Sprott Park Walking Trail
March 15, 2010
Page 2
Sprott Park is located on Virginia St. Amenities in the park include a covered basketball court,
playground, restroom facility, covered pavilion, tennis courts and the walking trail.
Work is expected to commence in April and be completed within sixty(60)days. There is no
MBE participation on this project.
BUDGETARY IMPACT
Funds for this project are budgeted in the Capital Program.
RESOLUTION NO.
WHEREAS, bids were solicited for furnishing all labor, materials, equipment and
supplies to reconstruct the walking trail at Sprott Park; and,
WHEREAS, Ranger Constructions of Galena Park, Texas, submitted a bid in the
amount of $96,310; and,
WHEREAS, City Council is of the opinion that the bid submitted by Ranger
Constructions should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Ranger Constructions of Galena Park, Texas, in the amount
of $96,310 for reconstruction of the Sprott Park walking trail be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
- Mayor Becky Ames -
5
March 23,2010
Consider approving a bid for the reconstruction of the walking trail at Central Park
RICH WITH OPPORTUNITY
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council consider the award of a bid for Reconstruction of
Central Park Walking Trails.
RECOMMENDATION
Administration recommends the award of a bid to Kambuso, Inc. of Houston in the amount of
$55,600.
BACKGROUND
Bids were received on Thursday, March 4, 2010 for furnishing all labor,materials, equipment
and supplies to reconstruct the walking trails at Central Park. The current asphalt walking path is
approximately 1,650 linear feet. The asphalt has deteriorated beyond repair and will be removed
and replaced with a five(5) ft. wide concrete walking path.
Twelve(12)bids were received for this project. They ranged in price from $55,600 to $118,808.
Bids received as are follow:
CONTRACTOR LOCATION AMOUNT BID CALENDAR
DAYS
Kambuso, Inc. Houston $55,600.00 35
GMRF Builders Humble $55,846.00 50
Bruce's General Construction Beaumont $65,005.00 30
Reytec Construction Houston $68,950.00 20
Ranger Construction Galena Park $71,645.00 60
Goss Building Beaumont $79,399.98 75
Allco Beaumont $88,000.00 60
1APAC Beaumont $89,840.00 38
Reconstruction of Central Park Walking Trail
March 10, 2010
Page 2
CONTRACTOR LOCATION AMOUNT BID CALENDAR
DAYS
McInnis Construction Silsbee $90,001.00 60
Brammer Construction Nederland $90,344.00 50
Norman Expressway Orangefield $105,650.00 45
Durcon LLC Orange $118,808.00 90
Central Park is located on Fourth at Fannin St. Amenities in the park include Imagination
Station Playground, community center,basketball court, restroom facility, covered pavilion,
tennis courts and the walking trail.
Work is expected to commence in April and be completed within thirty-five(35) days. There is
no MBE participation on this project.
BUDGETARY IMPACT
Funds for this project are budgeted in the Capital Program.
RESOLUTION NO.
WHEREAS, bids were solicited for furnishing all labor, materials, equipment and
supplies to reconstruct the walking trails at Central Park; and,
WHEREAS, Kambuso, Inc., of Houston, Texas, submitted a bid in the amount of
$55,600; and,
WHEREAS, City Council is of the opinion that the bid submitted by Kambuso, Inc.,
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Kambuso, Inc., of Houston, Texas, in the amount of $55,600
for reconstruction of the Central Park walking trails be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
- Mayor Becky Ames -
6
March 23,2010
Consider approving a resolution to adopt the Preliminary 2010 Action Plan of the Five Year
Consolidated Plan as well as the budget of the Preliminary Action Plan
RICH WITH OPPORTUNITY
[IEA,111�10111
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: March 23, 2010
REQUESTED ACTION: Council conduct a Work Session, hold a Public Hearing to
receive comments on, and subsequently approve a
resolution to adopt the Preliminary 2010 Action Plan of the
Five Year Consolidated Plan as well as the budget of the
Preliminary Action Plan.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
As mandated by the U. S. Department of Housing and Urban Development(HUD), City Council
has conducted public hearings and work sessions in previous years prior to adopting the City's
Preliminary Annual Action Plan of the Consolidated Grant Program. Community Development
Staff, along with other City of Beaumont staff and the Community Development Advisory
Committee (CDAC), hosted four(4) Public Hearings in order to receive public comments on the
process and activities related to the Preliminary 2010 Annual Action Plan. In accordance with
the Citizen Participation Plan, a thirty(30) day comment period, which allows citizens a
reasonable time to submit written comments, will follow the adoption of the Preliminary 2010
Annual Action Plan. Prior to its submission to HUD for approval, City Council will consider
adopting the final Draft of the 2010 Action Plan on or about April 20, 2010.
BUDGETARYIMPACT
The 2010 Preliminary budget totaling $2,911,235 is comprised of Community Development
Block Grant(CDBG) Funds ($1,948,235), HOME Investment Partnership funds ($813,000) and
estimated Program Income ($150,000).
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby adopts the Preliminary 2010 Action Plan, as well as the
budget of the Preliminary Action Plan, of the Five Year Consolidated Grant Program. The
Plan 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 23rd day of
March, 2010.
- Mayor Becky Ames -
2010 HUD CONSOLIDATED GRANT PROGRAM
Preliminary
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2010
HOUSING Budget
Housing Repair $ 100,000
Funds will be used to repair approximately 6 homes at$15,000,for the elderly and disabled.
Rehabilitation Administration 120,000
Funds will be used for personnel and operating expenses necessary for compliance with the planning
execution,and regulatory requirements associated with the implementation of the Housing Repair
Program.
CLEARANCE AND DEMOLITION 225,000
Clearance and Demolition Activities
Funds will be used to dgmolisb approximately 80 unsanitary residential structures
located in low/moderate income areas.
Funds will also be used for project delivery costs and for clearance on a spot basis.
PUBLIC FACILITY&IMPROVEMENT
Section 108 877,000
Hotel Beaumont(Section 108 payment)-rehabilitation
Crockett Street(Section 108 payment)-rehabilitation
Jefferson Theater(Section 108 payment)-rehabilitation
Theodore R.Johns,Jr.Library(Section 108 payment)-new construction
L L Melton YMCA(Section 108 payment)-rehabilitation
Facade Grant 100,000
Funds will be used to rehabilitate the exterior of buildings located in the UM income area.
PUBLIC SERVICES 100,000
Public Services Organizations
Funds will be used for administrative and operating costs for various public services organizations
that provide services to low/moderate income citizens.
EMERGENCY SHELTER SET-ASIDE 85,000
Funds will be used to provide Homeless Provider Grant Funds to assist with operation management,
essential services,homeless prevention and administration of a facility that houses and provides services
for the homeless population.
ADMINISTRATION 341,000
Funds will be used for personnel and operating expenses necessary for compliance with the planning,
execution,and regulatory requirements associated with the implementation of the HUD
Consolidated Grant Program.
TOTAL CDBG 1,948,000
REVOLVING FUNDS(Funded with Program Income*)
Small Business Loan Fund
Historic Preservation Loan Fund
Clearance and Demolition
*Program Income is Estimated 150,000
TOTAL REVOLVING FUNDS 0
HOME
AFFORDABLE HOUSING PROGRAM 765,000
Funds will be used to assist a non-profit housing development organization with the development of
approximately 10 new single family homes. Funds will also be used to assist low/moderate income
families with the closing costs,mortgage buy downs,and down payments needed to purchase homes.
Funds will also be used for eligible project costs associated with the development of multi-family
housing units.
HOME ADMINISTRATION 85,000
Funds will be used for personnel and operating expenses necessary for compliance with the planning,
execution,and regulatory requirements of the HUD HOME Program.
TOTAL HOME 850,000
TOTAL 2010 PRELIMINARY BUDGET
$—_j,948,000
EXHIBIT "A"