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Home My WebLink AboutPACKET JAN 11 2011 RICH WITH OPPORTUNITY 11EA,[1M011* T - E - X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 11,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes -December 14,2010 * Confirmation of committee appointments Dwight Benoit would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10,2013. (Mayor Becky Ames) Sandra Womack would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10,2013. (Mayor Becky Ames) Abe Roman would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10,2013. (Mayor Becky Ames) Tom LeTourneau would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10,2013. (Mayor Pro Tern W.L. Pate, Jr.) Bart Owens would be appointed to the Police Department Community Advisory Committee. The term would commence January 11,2011 and expire January 10, 2013. (Mayor Pro Tern W.L. Pate, Jr.) Paul Montes, Sr. would be appointed to the Police Department Community Advisory Committee. The term would commence January 11,2011 and expire January 10, 2013. (Councilmember Gethrel Williams-Wright) Morline Guillory would be appointed to the Police Department Community Advisory Committee. The term would commence January 11,2011 and expire January 10, 2013. (Councilmember Gethrel Williams-Wright) Glen Johnson would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Councilmember Alan B. Coleman) Belashia Wallace would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10,2013. (Councilmember Audwin M. Samuel) Ronnie Bishop would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10,2013. (Councilmember Audwin M. Samuel) William Sam, Sr. would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10,2013. (Councilmember Jamie D. Smith) Patrick Gibbs would be appointed to the Police Department Community Advisory Committee. The term would commence January 11,2011 and expire January 10,2013. (Councilmember Jamie D. Smith) Dr. John Falgout(City Veterinarian)would be reappointed to the Animal Health Advisory Committee. The current term would expire December 13, 2012. (Mayor Becky Ames) Ingrid Holmes (Health Director)would be reappointed to the Animal Health Advisory Committee. The current term would expire November 15, 2012. (Mayor Becky Ames) Matthew Fortenberry(Animal Control Supervisor) would be reappointed to the Health Advisory Committee. The current term would expire November 13,2012. (Mayor Becky Ames) Raymond Ambres would be reappointed to the Community Development Advisory Committee. The current term would expire December 18,2012. (Mayor Becky Ames) Bessie Chisum would be reappointed to the Community Development Advisory Committee. The current term would expire December 22, 1012. (Councilmember Alan B. Coleman) A) Approve a six month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department B) Approve a contract for asphaltic concrete pavement placement for repairs to large street sections C) Approve a six month contract for the purchase of liquid chlorine for use by the Water Utilities Department D) Authorize the acquisition of property located at 6640 Eastex Freeway for the Concord Road Pavement Widening Project E) Authorize the acquisition of property located at 5670 Concord Road for the Concord Road Pavement Widening Project F) Authorize the acquisition of property located at 5275 Concord Road for the Concord Road Pavement Widening Project G) Authorize the City Manager to execute an agreement for the use of the stables at Tyrrell Park H) Authorize the acceptance of a Water Line Easement to provide water and fire protection services for South Park Middle School located at 4500 Highland Drive I) Authorize the acceptance of a fifteen foot wide Exclusive Waterline Easement located at 3920 West Cardinal Drive J) Authorize the City Manager to enter into a Cooperative Purchasing Agreement with the City of Fort Worth related to procurement card services K) Authorize the City Manager to enter into a Participation Agreement with JPMorgan Chase Bank,N.A. or Chase Bank USA,N.A. to provide commercial procurement card services to the City of Beaumont L) Authorize the City Manager to execute a Lease Agreement for the use of property located at 4890 Dowlen Road for the Public Health Department's Women, Infants, and Children (WIC) Program M) Approve a resolution authorizing an exchange of property with Altus Healthcare Management N) Approve the purchase of a Digital Archiving System for the Tyrrell Historical Library and accepting a donation of funds O) Approve the appointment of Sharae Nicole Bassett as an Assistant City Attorney II and setting her starting compensation P) Approve the appointment of Lauren Michell Beamon as an Assistant City Attorney II and setting her starting compensation Q) Approve the appointment of Courtney Pitchford Davis as an Assistant City Attorney II and setting her starting compensation RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Beginning Expiration Appointment Commission of Term of Term Dwight Benoit Police Dept. Community Advisory 01/11/11 01/10/13 Committee Sandra Womack Police Dept. Community Advisory 01/11/11 01/10/13 Committee Abe Roman Police Dept. Community Advisory 01/11/11 01/10/13 Committee Tom LeTourneau Police Dept. Community Advisory 01/11/11 01/10/13 Committee Bart Owens Police Dept. Community Advisory 01/11/11 01/10/13 Committee Paul Montes, Sr. Police Dept. Community Advisory 01/11/11 01/10/13 Committee Morline Guillory Police Dept. Community Advisory 01/11/11 01/10/13 Committee Glen Johnson Police Dept. Community Advisory 01/11/11 01/10/13 Committee Belashia Wallace Police Dept. Community Advisory 01/11/11 01/10/13 Committee Ronnie Bishop Police Dept. Community Advisory 01/11/11 01/10/13 Committee William Sam, Sr. Police Dept. Community Advisory 01/11/11 01/10/13 Committee Patrick Gibbs Police Dept. Community Advisory 01/11/11 01/10/13 Committee THAT the following reappointments be made: Beginning Expiration Reappointment Commission of Term of Term Dr. John Falgout Animal Health Advisory Committee 01/11/11 12/13/12 Ingrid Holmes Animal Health Advisory Committee 01/11/11 11/15/12 Matthew Fortenberry Animal Health Advisory Committee 01/11/11 11/13/12 Raymond Ambres Community Development Advisory 01/11/11 12/18/12 Committee Bessie Chisum Community Development Advisory 01/11/11 12/22/12 Committee PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - A RICH WITH OPPORTUNITY BEAUMON* T • S • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 11, 2011 REQUESTED ACTION: Council consider authorizing the award of a six(6)month contract for Aluminum Sulfate. RECOMMENDATION The Administration recommends the award of a contract to GEO Specialty Chemicals, Inc., of Little Rock, AR, in the estimated amount of$103,734. BACKGROUND Bids were requested for a six(6)month contract for approximately 600 Tons of Aluminum Sulfate for use by the Water Utilities Department to be used in the water treatment process. Bid notices were provided to five(5)vendors with four(4)responding with bids as indicated below. The product recommended for award meets all specifications. GEO Specialty has previously held this contract with a price of$140 per dry ton. Vendor Unit Price Total Price GEO Specialty Chemical,Little Rock, AR $172.89 $103,734.00 Altivia Corp., Houston, TX $205.00 $123,000.00 Southern Ionics, West Point,MS $244.00 $146,400.00 General Chemical, Parsippany,NJ $280.00 $168,000.00 BUDGETARY IMPACT Funds are budgeted in the Water Utilities Department's operating budget. i RICK WITS°TTO■}0Y1T1 CITY OF BEAUMONT,BEAUMONT,TEXAS BEAUMON Fk PURCHASING DIVISION BID TABULATION T - E - Z - A - B Bid Name: Six Month Contract for Water Treatment Chemical-Aluminum Sulfate Bid Number: BF1211-15 Bid Openlrp: Thursday,December 30,2010 Contact Person: Robert(Bob)Holler, Buyer 11 rhollar(aci.beaumont.tx.us Phone: 409-880-3758 Vendor ttEO Sp v cleft,ClNnt A16via Southern Ionics General Chemical City/State L Aft Houston West Pt,MS Parsippany NJ Phone or Fax No. U Pt1ce � Unit Price Extended Unit Extended Unit Extended ITEM DESCRIPTION QTY Pike Price Price Price Price Price 1 Aluminum Sulfate 600 Tons $ VM $ 205.00 $123,000.00 $244.00 $146,400.00 $280.00 $168,000.00 mmowmwmmmomo omposomomm TOTAL BID $ $ 123,000.00 $ 146,400.00 $ 168,000.00 Manufacturer/Brand a ran o m Ionics General mac Cylinder rents all n/a n/a n/a Cylinder DeposIt I n a I n/a n/a n/a NO Bid: Kern ra Water Solutions, Univar, DXI NOTE: AWARDED VENDOR IS HIGHLIGHTED. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department; and, WHEREAS, GEO Specialty Chemical of Little Rock, Arkansas, submitted a bid in the amount of$172.00 per unit for an estimated contract amount of$103,734.00; and WHEREAS, City Council is of the opinion that the bid submitted by GEO Specialty Chemical of Little Rock, Arkansas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by GEO Specialty Chemical of Little Rock, Arkansas, for a six(6) month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department in the unit amount of $172.00 for an estimated amount of $103,734.00, be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - B RICH WITH OPPORTUNITY r 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: January 11, 2011 REQUESTED ACTION: Council consider authorizing the award of a contract for asphaltic concrete pavement placement. RECOMMENDATION The administration recommends the award of an annual contract to LD Construction of Beaumont, with an estimated total expenditure of$100,000. BACKGROUND Bids were requested for a one (1)year contract for the placement of hot mix asphaltic concrete (HMAC)pavement. HMAC is used for repairs to large street sections in the Street Rehabilitation Program. The vendor will provide the equipment and manpower to lay the asphaltic concrete according to City specifications with the material being supplied by the City. The use of a contracted vendor will allow current work loads to progress at a much faster rate. Four(4) vendors were notified, with two (2)bids being submitted. Low bid was received from CMM Construction, Inc., however the bid was received unsigned and was consequently rejected. The bid submitted by LD Construction, the current holder of this contract, is approximately five percent (5%)below the existing contract rates. Annual Contract for Asphaltic Concrete Placement January 11, 2011 Page 2 Descrin LD Consducdon Placement of 1-1/2: HMAC 1 - 1,200 sq.yd $0.95/yd 1,201 -3,600 sq.yd $0.95/yd over 3,601 sq.yd $0.82/yd Placement Level Up 1 - 1,200 sq.yd $0.90/yd 1,201 -3,600 sq. yd $0.90/yd over 3,601 sq.yd $0.82/yd Street Radius $0.95/yd Driveways $1.00/yd BUDGETARY E%IPACT Funds are available in the Capital Program for the hot laid asphaltic concrete which is used for street rehabilitation. RESOLUTION NO. WHEREAS, bids were solicited for a one (1) year contract for the purchase of asphaltic concrete for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, LD Construction, of Beaumont, Texas, submitted a bid in the estimated amount of$100,00 in the unit amounts shown below: Description LD Construction Placement of 1-112: HMAC 1 - 1,200 sq. yd $0.95/yd 1,201 - 3,600 sq. yd $0.95/yd over 3,601 sq. yd $0.82/yd Placement Level Up 1 - 1,200 sq. yd $0.90/yd 1,201 - 3,600 sq. yd $0.90/yd over 3,601 sq. yd $0.82/yd Street Radius $0.95/yd Driveways $1.00/yd and, WHEREAS, City Council is of the opinion that the bid submitted by LD Construction., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by LD Construction, for a one (1) year contract for the purchase of asphaltic concrete for the Public Works Department, Streets and Drainage Division, in the estimated amount of$100,000 pursuant to the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - c RICH WITH OPPORTUNITY BEAUMONW T - Z - X - A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer kl MEETING DATE: January 11, 2011 REQUESTED ACTION: Council consider authorizing the award of a six(6)month contract for liquid chlorine. RECOMMENDATION The Administration recommends the award of a contract to Altivia Corp., of Houston, Texas in the estimated amount of$62,660. BACKGROUND Bids were requested for a six(6)month contract to supply water treatment chemicals for use by the Water Utilities Department. Liquid chlorine is used to disinfect and purify the City's water supply. The contract is to furnish liquid chlorine at the fixed unit price of$482 per ton. The price for the previous six(6)months was$494 per ton. Bids were requested from five(5)vendors and two (2)responses were received. Bid tabulation is as follows: VENDOR TONS PRICE/TON TOTAL Altivia Corp. 130 $482.00 $62,660 Houston, TX DXI Industries 130 $483.60 $62,868 Houston, TX BUDGETARY EKPACT This expenditure is budgeted in the Water Utilities Fund. •I°••I*•°rr°•*°"I** CITY OF BEAUMONT,BEAUMONT,TEXAS BEAUMOH 4 0( PURCHASING DIVISION BID TABULATION r • a • x • a • s Bid Name: Six Month Contract for Water Treatment Chemical-Liquid Chlorine Bid Number: 6F1211-14 Bid Opening: Thursday,December 30,2010 Contact Person: Robert(Bob)Holiar, Buyer II rhollaraci.beaumont.tx.us Phone: 409-880-3758 Vendor Aftda 004k DXI Industries City/State Houston Phone or Fax No. Unit Price Extended ITEM DESCRIPTION QTY ,. Pie 1 ILiquid Chlorine 130 Tons S 483.60 $62,868.00 TOTAL BID ; 62,866.00 anu acturer ran i V, Cannexus Cylinder renta tt n a cylinder Deposit . n a NOTE: AWARDED VENDOR IS HIGHLIGHTED. RESOLUTION NO. WHEREAS, bids were solicited for a six(6)month contract for the purchase of liquid chlorine for use by the Water Utilities Department; and, WHEREAS, Altivia Corporation of Houston,Texas,submitted a bid for an estimated total expenditure of$62,660 in the unit amounts shown below: VENDOR TONS PRICE /TON TOTAL Altivia Corp. 130 $482.00 $62,660 Houston, TX DXI Industries 130 $483.60 $62,868 Houston, TX and, WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corporation of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Altivia Corporation, Houston, Texas, for a six (6) month contract for the purchase of liquid chlorine in the unit prices shown above for an estimated total expenditure of$62,660 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY D C City g Council Agenda Item T * E 9 X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director P-0 MEETING DATE: January 11, 2011 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 properties 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 owner of the property listed below, has agreed to convey his property to the City: Parcel #60 0.2505 acre out Thomas Spear Survey Abstract No. 50 (6640 Eastex Freeway) Value: $96,000.00 Owner: 6640 Inc. The acquisition of the utility easement is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. 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 #60: 0.2505 acre out of Thomas Spear Survey Abstract No. 50 (6640 Eastex Freeway) Value: $96,000.00 Owner: 6640 Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 11th day of January, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NO.OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, 6640 INC., of the County of Jefferson, State of Texas,hereinafter called GRANTOR for and in consideration of the sum of NINETY-SIX THOUSAND AND N011 00 ($96,000.00)DOLLARS and other good and valuable consideration,to it in hand paid by the City of Beaumont,a municipal corporation, domiciled in Jefferson County, Texas,hereinafter called GRANTEE, for the conveyance.of the hereinafter described property,the receipt and sufficiency of which is hereby acknowledged and confessed,has GRANTED; SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. 0. Box 3827, Beaumont,Texas 77704, and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself,her successors and assigns,forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions,easements-and mineral and/or royalty reservations,if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging,unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds EXHIBIT "A" herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE.and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above,when the claim is by,through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. 6640 INC STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on , 2011, by , its for 6640 INC.,known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act on behalf of said 6640 INC., that he/she executed the same for the purpose and consideration expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of .2011. Notary Public, State of Texas J RETURN T0: City of Beaumont do Antoinette Hardy P.0.Box 3827 Beaumont,TX 77704 March 2009 Parcel 60 Page 1. of 6 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 60 Being a 0.2505 acre (10,911 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 9.10 acre tract, identified as TRACT I, and that certain called 0.791 acre tract, identified as TRACT II, having been conveyed to 6640, Inc. from Sheldon Greenberg, by deed dated February 22, 2000 and being recorded under Clerk's File No. 2000006442, of the Real Property records of Jefferson County, Texas, the same being the tracts of land having been conveyed to 6640, Inc. from Brad Klein as recorded in Clerk's File No. 2000006443, of the Real Property records of Jefferson County, Texas, save and except that certain called 0.1125 acre tract, identified as TRACT ONE, as described in a "Special Warranty Deed" from 6640, Inc. to Crown Castle GT Company LLC as recorded in Clerk's File No. 2006048633, of the Real Property records of Jefferson County, Texas, said 0.2505 (10,911 square feet) acre of land being more particularly described as follows; COMMENCING at the most Southerly corner of the said 9.10 acre, Tract One, 6640, Inc. tract and the most Westerly corner of that certain called 13.38 acre tract of land having been conveyed to Parkdale Village, L.P. from SGI Beaumont-I Ltd., by deed dated March 4, 2005 and being recorded under Clerk's.File No. 2005008427 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 40°44'24" EAST, along the Northwesterly line of the said 13.38 acre Parkdale Village, L.P. tract and the Southeasterly line of the- said 9.10 acre, Tract One, 6640, Inc. tract for a distance of 858.12 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 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 960.00 feet and being subtended by a chord bearing NORTH 51"04'15"WEST having a chord length of 101.23 feet; 1) THENCE, NORTHWESTERLY, along said curve for an arc length of 101.28 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 of Concord Road; 2) THENCE, NORTH 54°05'35" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 193.53 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 of Concord Road, said corner being in the East line of the said 0.791 acre Tract Two, 6640, Inc. tract; March 2009 Parcel 60 Page 2 of 6 EXHIBIT_ 3) THENCE, NORTH 54 005'35"WEST, continuing along the proposed Southwest right- of-way of Concord Road for a distance of 148.92 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 of Concord Road, said corner being in the West line of the said 0.791 acre Tract Two, 6640, Inc. tract; 4) THENCE, NORTH 54°05'35"WEST, continuing along the proposed Southwest right- of-way of Concord Road for a distance of 149.74 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 of Concord Road; 5) THENCE, NORTH 61019'16" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 3.46 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the existing Southwest right-of-way of Concord Road, said corner being in the most Northwesterly line of the said 9.10 acre, Tract One, 6640, Inc.; 6) THENCE, NORTH 85 058'45" EAST, along the existing Southwest right-of-way of Concord Road for a distance of 30.89 feet to a point for comer in the existing Southwest right-of-way of Concord Road; 7) THENCE, SOUTH 53°54'31" EAST, along the existing Southwest right-of-way of Concord Road and the Northeast line of the said 9.10 acre, Tract One, 6640, inc. tract and the said 0.791 acre, Tract Two, 6640, inc. tract for a distance of 492.70 feet to a point for corner in the existing Southwest right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 924.93 feet and being subtended by a chord bearing SOUTH 51021'59" EAST having a chord lengtli-of 82.05 feet; 8) THENCE, SOUTHEASTERLY, along said curve for an arc length of 82.08 feet to a point for corner in the existing Southwest right-of-way of Concord Road, said corner being the East corner of the said 9.10 acre, Tract One, 6640 Inc. tract and said corner also being the North corner of the said 13.38 acre Parkdale Village, L.P. tract; 9) THENCE, SOUTH 40 044'24" WEST, along the Southeast line of the said 9.10 acre, Tract One, 6640 Inc. tract and along the Northwest line of the said 13.38 acre Parkdale Village, L.P. tract fora distance of 19.31 feet to the POINT OF BEGINNING and containing 0.2505 acre (10,911 square feet) of land. March 2009 Parcel 60_ Page 3 of 6 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 Y GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF March 2009. F T� HITELEY ... ...N.... Mark W. Whiteley, RPLS #3636 `�'Z'p°�.... LEGEND ■ SET 5/8' I. R, WITH CAP STAMPED 'M. W. WHITELEY & ASSOCIATES' 0 TXDOT CONTROL MONUMENT Q PARCEL NUMBER CONCORD ROAD O FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE 60 PARCEL 60 EXISTING ROW LINE PROPERTY LINE CALLED 0.1125 ACRES CALLED 0.791 ACRES CRi TRACT CASTLE GT TRACT TWO SURVEY LINE CROWN COUNTY LINE CF. �P2R06 99633 FEB�8NO. RlOpD06443 P�KDADLEINWZZ ACRES CFMAfjCH2Ob50085427 ��OPPRJC CALLED 9.10 ACRES TRACT CFEBNO 2Ypp2pb06443 DFr P.O.0 PARCEL 60 FND. 518'I. ROD PARENT TRACT N.T.S. 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. OF TFf � . ,Vl�V'.Vt� •IT,LEY.,,�. EXISTING TAKING REMAINING ACRES ACRES S.F ACRES 9. 7785 0.2505/00,911)PARCEL 60, 9. 5280 +ARK . WHITELEY D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 60 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 6482 3250 EASTEX FRWY. BEAUlSO 409-8 829042126-642 BE�FAX) 409-892-1348 03 SCALE 1' = 50 MARCH 2009 SHEET 4 OF 6 EXHIBIT "B" -n N N N - CONCORD ROAD _N54'05'35"W 492.19' 222+00_ _ PROPOSED BASELINE S53'54'31"E 492.70' EXISTING RIGH 0 C \,Z224+81.69 40.00LT PROPOSED RIGHT OF WAY ❑ C1 N54'05'35"W 193.53' N54'05'35"W 148.92' 222+88.16 co 40.00LT P.O.B. PAR. 5 / w 60 �L CURVE DATA w 221+82,66 N p PI—16 53 441+ 41.7 _ e i w w �gy 40.00LT c" R1000.0000' SS4 �� 5� ``' L294.8821' U I ,��0�S,'' _c`tv Ch293.8149' w D05e43'46' m Z 2 -� CALLED 9.10 ACRES z x TRACT ONE w U CALLED 0.791 ACRES 6640, INC. 13.38 ACRES TRACT TWO FEBRUARY 22, 2000 P CALLED CALLED E VILLAGE, L.P. 6640, INC. CF. NO. 2000006443 MARCH 4 2005 i CF. 2000bO6443 OPRJC CF. NO. 20b5008427 OPRJC P.O.C. PAR. 58 OPRJC FND 5/8" I. ROD PARCEL PLAT LINE BEARING DISTANCE SHOWING L3 I S40'4424"W 1931 PARCEL 60 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING I DELTA ANGLE CONCORD ROAD JEFFERSON COUNTY Cl 960.00' 101.28' 101.23' N51'04'15'V 1 06'02'41" SCALE 1 " = 50' MARCH 2009 C2 924.93' 82.08' 82.05' S51'21'59"E 05'05'05" SHEET 5 OF 6 I. r7 0 0 N N a CONCORD ROAD 226+00 _ PROPOSED BASELINE N54'0535"W'492.19'�- CL CURVE DATA +8 .09 EXISTING RIGHT OF WAY S53'54'31"E 92.70'— PI STA=229+59.01 - A=39°19'30' 40.42LT R500.0000' PROPOSED RIGHT OF WAY T178.6564' L1 N54'05'35"W 149.74' N54'05'35"W 148.92' L343.1746' 227+80.35 w Ch336.4783' 40.00LT 226+30.61 _ D11°27'33' 60 40.00LT V) CALLED 9.10 ACRES w TRACT ONE w cn 6640, INC. FEBRUARY 22 2000 CALLED 0.791 ACRES CF. NO. 2000606443 TRACT TWO w 6640, IN . OPRJC yp� FEBRUARY 22C 2000 0� ��o �,� �y0• CF. NO.OPR00006443 _ Q �� CALLED 0.1125 ACRES v- TRACT ONE CROWN CASTLE GT COMPANY LLC D CF. NO. 2006048633 OG� OPRJC � 15 PARCEL PLAT SHOWING LINE BEARING DISTANCE PARCEL 60 L1 N61'19'16"W 3.46' CONCORD ROAD JEFFERSON COUNTY L2 N85'58'45"E 30.89' SCALE 1" = 50' MARCH 2009 SHEET 6 OF 6 RICH WITH OPPORTUNITY [1EAitilicill City Council Agenda Item T 9 E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director PD MEETING DATE: January 11, 2011 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 properties 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 owner of the property listed below, has agreed to convey his property to the City: Parcel #37 0.0168 acre out F. Bigner Survey Abstract No. 1 (5670 Concord Road) Value: $2,000.00 Owner: Land Manor, Inc. The acquisition of the utility easement is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. 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 #37: 0.0168 acre out of F. Bigner Survey Abstract No. 1 (5670 Concord Road) Value: $2,000.00 Owner: Land Manor, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 11th day of January, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NO.OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, LAND MANOR, INC., of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TWO THOUSAND AND NO/100 ($2,000.00) DOLLARS and other good and valuable consideration,to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property,the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. MASON WILKINSON STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by MASON WILKINSON. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 Apri12009 Parcel 37 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East.Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 37 Being a 0.0168 acre (733 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 3.9059 acre tract of land having been conveyed to Land Manor, Inc. from Mohammad A. Swati by deed dated March 10, 1994 and being recorded under Clerk's File No. 94-9407991 of the Real Property records of Jefferson County, Texas, said 0.0168 (733 square feet) acre of land being more particularly described as follows; COMMENCING at a 1" iron pipe found for the Northwest comer of that certain called 3.151 acre tract of land having been conveyed to Wallace. A. Domingue and wife, Bettye Jean Domingue from Tula Marie Comstock by deed dated August 13, 1974 and being recorded under Volume 1844 Page 277 Deed Records of Jefferson County, Texas and being in the East line of the said 3.9059 acre Land Manor, Inc. tract; THENCE, SOUTH 03°03'28" EAST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 551.09 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 of Concord Road, and the POINT OF BEGINNING. of the parcel herein described; 1) THENCE, SOUTH 03°03'28" EAST, continuing along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 2.68 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said corner also being the beginning of a curve'turning to the left having a radius of 1303.24 feet and being subtended by a chord bearing NORTH 80°29'42"WEST having a chord length of 45.65 feet; 2) THENCE, NORTHWESTERLY, along said curve for an arc length of 45.65 feet to a point for corner in the existing Northeast right-of-way of Concord Road; 3) THENCE, NORTH 81 029'55" WEST, along the existing Northeast right-of-way line of Concord Road fora distance of 42.19 feet to a point for comer, said comer also being the beginning of a curve turning to the right having a radius of 1115.92 feet and being subtended by a chord bearing NORTH 78°45'36" WEST having a chord length of 106.64 feet; April 2009 Parcel 37 Page 2 of 4 EXHIBIT 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 106.68 feet to a point for comer in the existing Northeast right-of-way of Concord Road, said comer being Southwest comer of the said 3.9059 acre Land Manor, Inc. tract and being the Southeast corner of that certain called 1.283 acre tract of land having been conveyed to W. H. Watkins, Jr., B. R. Casey, and J. E. Dollinger-from Concord Apartments by deed dated October 29, 1999 and being recorded under Clerk's File No. 1999041166 of the Real Property records of Jefferson County, Texas, and from said point a 2" iron pipe bears SOUTH 03°01'04" EAST a distance of 2.12 feet; 5) THENCE, NORTH 03°01'04" WEST, along the East line of the said 1.283 acre Watkins et al tract and the West line of the said 3.9059 acre Lang Manor, Inc. tract for a distance of 4.58 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 of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 970.00 feet and being subtended by a chord bearing SOUTH 77 051'59" EAST having a chord length of 73.34 feet; 6) THENCE, SOUTHEASTERLY, along said curve for an arc length of 73.36 feet to 5/8" iron rod with cap stamped "City of Beaumont ROW Monument' set for comer in the proposed Northeast right-of-way of Concord Road; 7) THENCE, SOUTH 80 001'58" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 121.58 feet to the POINT OF BEGINNING and containing 0.0168 acre (733 square feet) of land. 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 April 2009. S OF . ...........:N. W HITELEY ; ....'636 %0 Mark W. Whiteley, RPLS #3636 SURD I I C LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXD❑T CONTROL MONUMENT Q PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE CALLED 19059 ACRES LAND MANOR, INC. PROPOSED ROW LINE MARCH 10, 1994 CF N0. 94-9407991 EXISTING ROW LINE OPRJC PROPERTY LINE ti — SURVEY LINE COUNTY LINE F. BIGNER SURVEY ABSTRACT N0. 1 P.O.0 PARCEL 37 FND. 1" I. PIPE CALLED 3.151 ACRES WAUACE A DOMINGUE, et ux CALLED 1.283 ACRES AUGUST 13, 1974 W. H. WA11(WS JR. et al VOL. 1844, PG. 277 OCTOBER 26, 1999 DRJC CF NO. 199904116 OPRJC P.O.S. 3 PARCEL 37 CONCORD ROAD PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. i SURVEYED FEBRUARY 20D9 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. b co Q Off, r ............ ' W. 11H'E E o.:E•`V•• ; EXISTING TAKING REMAINING ., ACRES ACRES S.F. ACRES I 3. 9059 PARCEL 37, 2. 6462 MARK W. WHITELEY •41•dpi 0.0168/(733) AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 37 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRNY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-692-1346 SCALE 1 " = 50 APRIL 2009 SHEET 3 OF 4 j EXHIBIT "B" n S LINE BEARING DISTANCE L 1 S03'03'28 E 2.68' L2 N81*2955"W 42.19' L3 NO3'01'04"W 4.58" CALLED 1.283 ACRES P.0.C. PAR. 37 W. H. WATKINS JR. et al FND 1 OCTOBER 26, 1999 00 I. PIPE CALLED 3.151 ACRES CF N0. 1999041166 Wo WALLACE A. DOMINGUE, et ux OPRJC CALLED 3.9059 ACRES j c1� ll AUGUST 13, 1974 `�� o LAND MANOR, INC. 0 UA 0 VOL. 1844, PG. 277 °o+ MARCH 10, 1994 °•0 U! DRJC r CF NO. 94-9407991 LOU CD_ _ � OPRJC ate_ o U LTI co 0,co 0o co PI STA=187+1.23 `"A =17°58'00" p do X R=1010.0000' c��+v'. W T=159.6679' -� L=316.7148'. 37 P.O.B. PAR. 37 Ch=315.4188' 38 1 D=05°40'22' O 1182+19.25 181+42.87 180+21.28 36 40.00RT 40.00RT 40.00RT PROPOSED RIGHT OF \`EX wAY NG RIGHT pF C3 S800158 E 9 1.58' ISTI wAY 3 C2 L2 C 1 N L 1 FND 2'`I. PIPE BEARS CO�COso3•o1 'o4"E 2.12'-Js2+oo PARCEL PLAT RD ROAD PROPOSED BASEL NE_N80'4'14.87'W 147.35- SHOWING 37 , PARCEL CURVE RADIUS ARC LENGTH I 'CHORD LENGTH I CHORD BEARING DELTA ANGLE CONCORD ROAD JEFFERSON COUNTY Cl 1303.24' 45.65' 45.65' 1 N80'29'42"W 02'00'25" C2 1115.92' 106.68' 1 106.64' 1 N78'45'36"W 05'28'38" SCALE 1 " = 50' APRIL 2009 C3 970.00' 73.36' 1 73.34' 1 S77'51'59"E 04'19'59" 1 SHEET 4 OF 4 RICH WITH OPPORTUNITY F [11'LA,[111C111 T - E • x . A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director P9 MEETING DATE: January 11, 2011 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 properties 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 owner of the property listed below, has agreed to convey his property to the City: Parcel#19 0.0188 acre out of E pt Tract 29, French Heights Addition (5275 Concord Road) Value: $1,000.00 Owner: Tomas C. Barboza, Jr. The acquisition of the utility easement is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. I 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 #19: 0.0188 acre out of E pt Tract 29, French Heights Addition (5275 Concord Road) Value: $1,000.00 Owner: Tomas C. Barboza, Jr. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 11th day of January, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE . OR 'STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR. SOCIAL SECURITY NO.OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, TOMAS C.BARBOZA,JR.,of the County of Jefferson, State of Texas,hereinafter called GRANTORS for and in consideration of the sum of ONE THOUSAND AND N01100 ($1,000.00)DOLLARS and other good and valuable consideration,to it in hand paid by the City . of Beaumont,a municipal corporation,domiciled in Jefferson County,Texas,hereinafter called GRANTEE,for the conveyance of the hereinafter described property, the receipt.and sufficiency of which is hereby acknowledged and confessed,has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made,and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O.Box 3827,Beaumont, Texas 77704,and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself,her successors and assigns,forever, all of the oil,gas,and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants,conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging,unto the said EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns,forever;and said GRANTORS binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns,against every person lawfully claiming or to claim all or any part of the property,subject to the provisions stated above,when the claim is by,through, or under GRANTORS but not otherwise. EXECUTED this the day of , 2011. TOMAS C. BARBOZA ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of. ,2011, by TOMAS C. BARBOZA,JR. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,Texas 77704 April 2009 Parcel 19 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 19 Being a 0.0188 acre (820 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain called 0.460 acre tract of land having been conveyed to Tomas C. Barboza, Jr. from Huey P. Soileau and Elba Sue Williams Soileau by deed dated November 18, 1998 being recorded under Clerk's File No. 9843111 of the Real Property Records of Jefferson County, Texas, said 0.0188 acre (820 square feet) of land being more particularly described as follows; COMMENCING at a 1" iron pipe with cap found for the most Westerly comer of the said 0.460 acre Barboza tract and said point being the most Southerly comer of that certain'tract of land being identified as Tract No. 2 having been conveyed to Nazario Ledezma and Angela Ledezma from James Robbins and Shirley Robbins, by deed dated September 5, 2008, and being recorded under Clerk's File No. 2008031560 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 35°18'35" EAST along the Northwesterly comer of the said 0.460 .acre Barboza tract and the Southeasterly line of said Tract No. 2 for a distance of 235.86 feet to a 5/8" iron rod witti cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest ri ght-of-way line of Concord Road, said comer being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 35 018'35° EAST, continuing along the Northwesterly line of the said 0.460 acre Barboza tract and the Southeasterly line of said Tract No. 2 for a distance of 9.69 feet to a point for comer in the existing Southwest right-of-way line of Concord Road, and from said point an axle found bears SOUTH 35 018'35"WEST for a distance of 1.90 feet; 2) THENCE, SOUTH 54 03344" EAST, along the existing Southwest right-of-way line of Concord Road for a distance of 84.27 feet to a point for corner, said corner being the most Easterly corner of the said 0.460 acre Barboza tract and the most Northerly corner of that certain called 0.549 acre tract of land having been conveyed to James R. Callas from Larry Pedigo, Florence Boston, Lora Canter and Betty Mixson by deed dated November 22, 2004 being recorded under Clerk's File No. 2004045685 of the Real Property Records of Jefferson County, Texas; April 2009 Parcel 19 Page 2 of 4 EXHIBIT_ 3) THENCE, SOUTH 35°18'24" WEST along the Southeast line of the said 0.460 acre Barboza tract and along the Northwest line of the said 0.549 acre Callas tract for a distance of 9.78 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right-of-way line of Concorde Road; 4) THENCE, NORTH 54°30'26" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 84.27 feet to the POINT OF BEGINNING and containing 0.0188 acre(820 square feet) of land. 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 comers are truly shown just as found at the time of the survey. Surveyed February 2009 P�, GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF APRIL 2009. G OFEq�+ t 1 fij�Q� �O•;tn ..M.W'WKiTELEY ....:........................... Mark W. Whiteley, RPLS #3636 <: 3636 aP:e SU 0 qj��RESS��.•'� LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT PARCEL NUMBER O FND PROPERTY CORNER AS NOTED POWER POLE PARENT TRACT PROPOSED ROW LINE N.T.S. EXISTING ROW LINE CONCORD ROAD PROPERTY LINE SURVEY LINE P.O.B. COUNTY LINE o PARCEL 19 19 CALLED 0.46 ACRES TOMAS C. BARBOZA, JR. NAZARIO LEDEZMA & NOVEMBER 18, 1998 ANGELA LEDEZM4 CF NO. 9843111 SEPTEMBER 5, 2008 OPRJC CF NO. 2008031560 aj a4 OPRJC CALLED 0.549 ACRES JAMES R. CALLAS ARP NOVEMBER 22, 2004 CF NO. 2004045685 OPRJC A. WILLIAMS SURVEY ABSTRACT NO. 385 P.O.0 PARCEL 19 FND. 1" 1. PIPE. 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 't ;........ F-J- ACCOMPANIES THIS PARCEL PLAT. co "'M.1N�WHITELEY... ........N.................• �� 36..36 EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES PARCEL 19, MARK W. WHITELEY =' �' 46 0.01881(820 0. 4412 AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 19 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 32550 EASTEX FRWY. BEAUMONT, TEXAS 77728-5¢82 eB(At�>409TB M 77703 TEXAS SCALE 1" = 50' APRIL 2009 4 SHEET 3 OF 4 EXHIBIT "B" N '30'26"W 1552.99' 164+�00 54 �--- PROPOSED BASELINE J \ C O N O R D . ROAD FND AXLE BEARS S35'18'35"W 1.90' (551'15'00 1 84.27 EXISTING RIGHT OF WAY S54'33'44"E $4.27 163+71.31 N54' 0'26"W 84.27' PROPOSED RIGHT OF WAY 40,00LT 162+87.0 P.0. PAR. 19 40.00LT 24 O 19 18 NAZARIO LEDEZMA & ANGELA LEDEZMA CALLED 0.46 ACRES SEPTEMBER 5, 2008 TOMAS C. BARBOZA, JR. CF NO. 2008031560 NOVEMBER 18, 1998 OPRJC N� oo CF NO. RJC 3111 "R u; d M CALLED 0.549 ACRES N N N N N JAMES R. CALLAS - 'i'-`1' ' 3 NOVEMBER 22, 2004. U TRACT 1 TRACT 2 n co N CF NO.02004045685 Lo 00 O°L m bo Lo ul En Go Z Z Z Nv x w P.O.C. PAR. 19 FND 1" �B I. PIPE (S51-45'1 O-E 84.27') S55'1 O'12"E 84.29' PARCEL PLAT SHOWING PARCEL 19 LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L 1 N35'18'35"E ' 9.69' L2 S35'1824V 9.78' SCALE 1" = 50' APRIL 2009 SHEET 4 OF 4 I RICH WITH OPPORTUNITY G r 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: January 11, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute an agreement for the use of the stables at Tyrrell Park. RECOMMENDATION The Administration recommends approval. BACKGROUND On June 29, 2010, the City Manager was authorized to renew an agreement for one year with Danielle Sams for the use of the Tyrrell Park Stables property. This agreement was recommended by staff based on satisfactory performance and the efforts she was making to enhance the property. Just recently, Mrs. Sams served notice that her health will no longer allow her to continue, and she would be leaving. Mrs. Sams indicated that Mr. Ken Miller, who assisted her with many of the events and programs at the Stables, is interested in managing the property. Staff met with Mr. Miller and determined that he is committed to continuing the programs that have been started. He understands the importance of working collaboratively with the City to develop a sustainable stables operation and will continue to clean, improve, and maintain the barn property and its associated grounds and pastures located north of the stables road. The property on the south side is maintained by the Parks and Recreation Department. Staff is recommending a one-year agreement with Mr. Miller under same terms and conditions previously established. The agreement provides for annual renewals by agreement of the parties and contains a 30-day cancellation clause. The riding trails will continue to remain open to the general public. BUDGETARYIMPACT Mr. Miller will pay for his utilities and $350 per month for rent. 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 an agreement with Ken Miller for use of the Tyrrell Park Stables property for a period of one (1) year beginning January 15, 2011. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - Agreement between the City of Beaumont and Ken Miller for the use of Tyrrell Park Stables Property In order to allow and support equestrian and stables related activities, the City agrees to allow Ken Miller access to the Tyrrell Park Stables property subject to the conditions detailed below. Property Description Barn Property - Mr. Miller will control the barn and its associated pastures north of the stables road to Downs Road extended. Term This agreement will have a term of one year, beginning January 15, 2011, and may be extended by agreement of the parties. Insurance Mr. Miller will maintain $1,000,000 in liability insurance with the City named as an Additional Insured. Clean Up and Maintenance Barn Property and Pastures - Mr. Miller will clean and maintain the grounds, structures, and fences. Structural elements which are added will be similarly well maintained. The mowing schedule will be coordinated with the City, so that the grounds complement the surrounding park property. Payment Mr. Miller will pay the City $350 per month for rent and be responsible for the utilities for the Barn Property. The rent is due at the first of the month and late on the 10`x'. Utility payments will be invoiced and paid with the next rental payment. The City's Cash Management Office will issue payment instructions. Cancellation This agreement may be cancelled by either party with 30 days written notice delivered in person or by certified mail, return receipt requested, to the addresses listed below. Executed by the parties this day of January, 2011. Kyle Hayes, City Manager Ken Miller 801 Main Street, Suite 300 Beaumont, Texas 77701 EXHIBIT "A" H RICH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director PA MEETING DATE: January 11, 2011 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 and fire protection services for South Park Middle School located at 4500 Highland Drive. BACKGROUND Beaumont Independent School District has agreed to convey a ten (10) foot wide exclusive Waterline Easement to the City of Beaumont. The Water Line Easement will provide mandatory access to the water lines and fire hydrants for the school property and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. This Water Line Easement is recommended for approval by the City Manager, Public Works Director and Water Utilities Director. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, Beaumont Independent School District has offered to convey a ten foot (10')wide water line easement, said easement being out of the James W. Bullock Survey, Abstract No. 7, as described in Exhibit"A"and shown on Exhibit"B"attached hereto,to the City of Beaumont for the purpose of providing water and fire protection services for South Park Middle School located at 4500 Highland Avenue; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Beaumont Independent School District, as described in Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use, repair, alter, and maintain a single underground water line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating, repairing, rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, but Grantor reserves the right to use the surface of the easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that EXHIBIT "A" will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line. Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2011. BEAUMONT INDEPENDENT SCHOOL DISTRICT By Dr. Carrol Thomas, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2011. Notary Public, State of Texas RETURN TO. City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont, TX 77704 • "Recognizing the landmarks of the past....setting our f i ht towards the future- ores 9 LAND SURVEYORS, INC. Richard L.Worthey,RPLS J.L.Sires,Jr.,RPLS EXHIBIT"A" Page 1 of 3 November 11,2010 Surveyor's Field Note Description: 0.200 Acre Exclusive City Fire Water Line Easement BEING a 0.200 acre (8727.7 square feet) tract of land (Exclusive City Fire Water Line Easement) out of and a part of that certain South Park Independent School District called 10 acre tract of land, more fully described and recorded in Volume 185, Page 327 of the Deed Records of Jefferson County, Texas and said 0.200 acre (8727.7 square feet)tract of land(Exclusive City Fire Water Line Easement) being situated in the James W. Bullock Survey, Abstract No. 7, Jefferson County,Texas and being more particularly described as follows: COMMENCING at a set "X" in a concrete sidewalk for the Southwest corner of said 10 acre tract, same being the intersection of the North line of Virginia Street (variable width right-of- way) with the East line of Highland Avenue (60 feet wide right-of-way), fr om which a 3/4 inch i iron rod found bears North 02 deg.41 min. 43 sec. West 10.00 feet; THENCE North 86 deg. 47 min. 50 see. East,along and with the South line of said 10 acre tract, same being the North line of said Virginia Street, a distance of 358.79 feet to a point for the PLACE OF BEGINNING of the herein described tract; THENCE North 03 deg. 12 min. 10 sec. West, a distance of 498.44 feet to a point for corner of herein described tract; THENCE South 86 deg. 47 min. 50 sec.West, a distance of 354.37 feet to a point for corner of herein described tract,said point being in the West line of said 10 acre tract, same being the East line of said Highland Avenue; THENCE North 02 deg. 41 min. 43 sec. West, along and with the West line of said 10 acre tract, same being the East line of said Highland Avenue,a distance of 10.00 feet to a point for comer of herein described tract; THENCE North'86 deg. 47 min. 50 sec.East, a distance of 364.28 feet to a point for corner of herein described tract; THENCE South 03 deg. 12 min. 10 sec. East, a distance of 23.99 feet to a point for corner of herein described tract; 1950 Cornerstone Court Beaumont,Texas 77706 Tel: 409.866.9769 Fax: 409.866.7075 www.wortech.cam� W-Pj RTECH LAND SURVEYORS, INC. EXHIBIT "A" Page 2 of 3 0.200 Acre Exclusive City Fire Water Line Easement THENCE North 86 deg.47 min. 50 sec.East,a distance of 5.00 feet to a point for corner of herein described tract; THENCE South 03 deg. 12 min. 10 sec. East,a distance of 10.00 feet to a point for comer of herein described tract; THENCE South 86 deg.47 min. 50 sec. West,a distance of 5.00 feet to a point for comer of herein described tract; THENCE South 03 deg. 12 min. 10 sec.East, a distance of 341.20 feet to a point for comer of herein described tract; THENCE North 86 deg. 47 min. 50 sec.East, a distance of 5.00 feet to a point for corner of herein described tract; THENCE South 03 deg. 12 min. 10 sec.East,a distance of 10.00 feet to a point for comer of herein described tract; THENCE South 86 deg. 47 min. 50 sec. West,a distance of 5.00 feet to a point for comer of herein described tract; THENCE South 03 deg. 12 min. 10 sec. East,a distance of 123.25 feet to a point for comer of herein described tract,said point being in the South line of said 10 acre tract,same being the North line of said Virginia Street; THENCE South 86 deg. 47 min. 50 sec. West, along and with the South line of said 10 acre tract, same being the North line of said Virginia Street, a distance of 10.00 feet to the PLACE OF BEGIlVNING, containing 0.200 acre(87257.7 square feet)of land,more or less. ('This description is based upon a survey made on the ground under my direct supervision on June 14, 2010 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are referenced to Texas Coordinate System of 1983, South Central Zone `4204' (US Survey Foot). All distances and acreages are surface with a scale factor of 1.00007 applied.) OF ,`�•1 O s rtq Rgistered Profession and Surveyor 90 4599 a�f•¢ oess%f**-k SUR� I E)CMIT "All PAGE 3 OF 3 I m IE EXCLUSIVE CITY FIRE WATER LINE EASEMENT w W CAM NOTE: ALL BEARINGS ARE REFERENCED TO THE TEXAS � COORDINATE SYSTEM OF 1983,SOUTH CENTRAL ZONE 6 '4204'(US SURVEY FOOT).ALL DISTANCES AND ACREAGES PROJECT ARE SURFACE WITH A SCALE FACTOR OF 1.00007 APPLIED. SITS rAmu 0' 50' 100' 200 WMAN SUBMITTING INFORMATION: SCALE:1=100' BEAUMONT INDEPENDENT SCHOOL DISTRICT 3395 HARRISON AVENUE-BEAUMONT,TEXAS 77706 ATTN:ROBERT ZINGELMANN 40"174017 Vic=MAP KTB. F FRS 3 EAST CASTON ST. �a° ABBREVIATIONS , (W R.O.W.) ^�+$ VOL VOLUME SET x D,R.J.C. DEED RECORDS IN CONC. N8T2T25'E 1.30 FND 618' e�7! JEFFERSON COUNTY SIDEWALK I.ROD M RJ.C. MAP RECORDS JEFFERSON COUNTY CONC. CONCRETE a LS POC PLACE OF COMMENCING IL6 POB PLACE OF BEGINNING I,'] R.O.W. FJC 9-OF-WAY L8 ST• sTREEr rn LINE IBEARING DISTANCE L1 NO3.12'10'W 4 .44' EXCLUSIVE CITY FIRE L2 SBB•47'50'W 354.3T WATER LINE EASEMENT L3 NO2.41'43"W 10.00' 8727.7 SQ.FT. L4 NS8'47WE 364.28' zz 0.200 ACRE L5 S03.121a'E 23.99 La N86.4T50'E 5A0' L7 S03.1r10"E 10.00' $ z V�Y tr Le SBB•4T60"W 6.00' N e LA S03'1r10"E 341.20' �] t" L10 NBB•4T5O'E 5A0' L11 S03.1r10"E 10.01Y 5�lit� L12 S88.4T50'W 5.00 L13 SO3°1r10'E 123.25' W L14 SBB•4T50'W 10.00 SOUTH PARK INDEPENDENT SCHOOL DISTRICT 10 ACRES VOL 185,PAGE 327 Ap�4LZON D.R J.C. L1 O Cpvy O81 L11 SOUTH PARK BA)EPENDEI•IT L12 SCHOOL DISTRICT BLOCK S OF COLLEGEADDMON VOL 326,PAGE 668 DRJ.C. t" — —12 r w 13 N 86.4T50'E 356.71 © L14 p 9 C. VIRGINIA ST. N 86.4750"E 932.18 FND"X" (VARIABLE WIDTH R.O.W.) IN CONC. FND 112" E4 I.PIPE _ ' 3 CORNER NOTES 1Q SET'r IN CONCRETE SIDEWALK FROM WHICH A 314" a" IRON ROD FOUND BEARS NO2.41'43W 10A0'. a CA JOB NO: 2008-016-02 FIELD BOOK 701/073 SURVEYORS CERTIFICATION DFLBY: MWG THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY DATE 11111!2010 Oi PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY < F MADE UNDER MY DIRECT SUPERVISION ON JUNE 14,2010,AND IS SCALE 1=10(1 l�' pl S T tq'`, BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE W RTE C H 4`Q•9 DESCRIPTION OF THE PROPERTY SHOWN HEREON,WHICH LIES IN JEFFERSCNI COUNTY,TEXAS. J.L SIMS,1R. LAND SURVEYORS, INC. r 0,.45990+pio 7999 Glades Avenue,Suite 102 �.p� lrs• ///� Beaumont,Texas 77706-3109 SUP Tel: 409.866.9769 P° Fax:409.866.7675 EXHIBIT "B" SU www.wortech.com i RICH WITH OPPORTUNITY r City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager p PREPARED BY: Patrick Donart, Public Works Director PO MEETING DATE: January 11, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a fifteen foot (15') wide Exclusive Waterline Easement. RECOMMENDATION The Administration recommends acceptance of a Waterline Easement located at 3920 West Cardinal Drive. BACKGROUND Antioch Missionary Baptist Church has agreed to convey a fifteen foot (15') wide Waterline Easement to the City of Beaumont. The property is described as out of 0.3386 Acre (14,748 square feet) Out of and Part of Block 14, M.C. Cartwright Subdivision located at 3920 West Cardinal Drive. This Waterline Easement is recommended for approval by the City Manager, Public Works Director, and Water Utilities Director. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, Antioch Missionary Baptist Church has offered to convey a fifteen foot (15')wide water line easement, said easement being 0.3386 acre(14,748 square feet)out of and part of Block 14, M.C. Cartwright Subdivision located at 3920 West Cardinal Drive, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to the construction of a facility located at 3920 West Cardinal Drive; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Antioch Missionary Baptist Church, as described in Exhibit"A"and shown on Exhibit"B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,ANTIOCH MISSIONARY BAPTIST CHURCH,of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,hereinafter called"GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT,P. O. Box 3827,Beaumont, Texas 77704, Jefferson County,Texas,its successors and assigns,a Water Line Easement and the exclusive right to construct,alter,and maintain said water lines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A" and"B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing,constructing,operating, repairing,rebuilding,replacing,relocating,and/or removing water lines and appurtenances,and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid,and giving said City the right and privilege to improve,maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property. EXHIBIT "A" Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of��i�-- , 2010. GRANTOR: ANTI CH MISSIONARY BAPTIST CHURCH By: Printed Name: f 4AL4 V I N L Kjy Title: S 7 c C- ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFt-Ft X BEFORE ME,the undersigned authority, on this day personally appeared Mar/i o 1k5 -o d, —Fi-ttStGt- of ANTIOCH MISSIONARY BAPTIST CHURCH, known to me to be the person and officer whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this l(v day of cue 2010. aA Notary Public, Statdof Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont, TX 77704 :010, CARLA GIGLIOTTA *'� MY COMMISS?0N EXPIRES '' October 27,2014 EXIMIT"A" 15 Feet Wide Exclusive Waterline Easement Legal Description: 0.3386 Acre(14,748 sq.feet)Exclusive Waterline Easement Out of and Part of Block 14 M.C.Cartwright Subdivision Volume 4,Page 194,Map Records Out of and Part of Tract No. 1B&2B Partition Map No. 1 of the McFaddin Trust Volume 7,Page 132,Map Records J.W.Bullock League,Abstract No.7 Beaumont,Jefferson County,Texas BEING a 0.3386 acre(14,748 sq. feet)waterline easement situated in the J.W. Bullock League,Abstract No. 7, Jefferson County, Texas and being out of and part of Block 14 of the M. C. Cartwright Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4,Page 194,Map Records,Jefferson County,Texas and also being out of and part of Tract No. 1B&2B of the Partition Map No. 1 of the McFaddin Trust according to the plat thereof recorded in Volume 7, Page 132, Map Records, Jefferson County, Texas and being out of and part of certain 30 foot wide unnamed street situated in the said M.C. Cartwright Subdivision between Blocks 8, 9, 14 and 15 as vacated and abandoned by City of Beaumont Ordinance as recorded in Volume 1149, Page 623, Deed Records,Jefferson County,Texas and being out of and part of that certain called 19.725 acre tract of land as described in a "Special Warranty Deed" from Bar C Ranch to Antioch Missionary Baptist Church as recorded in Clerk's File No. 2000027592, Official Public Records of Real Property, Jefferson County, Texas, said 0.3386 acre (14,748 sq. feet) waterline easement being more particularly described as follows: NOTE.- All bearings are based on the North line of the said 19.725 acre Antioch Missionary Baptist Church tract as NORTH 89°5946"EAST as recorded in Clerk's File No. 2000027592, Official Public Records of Real Property,Jefferson County, Texas. COAUKENCING at a 5/8" iron rod found for the Northwest corner of the said 19.725 acre Antioch Missionary Baptist Church tract, said corner also being the Northeast comer of the remainder of that certain called Fourth Tract as described in a"Warranty Deed" from J. L. C. McFaddin and wife,Rosine Blount McFaddin to Bar-C Ranch Company as recorded in Volume 2045, Page 255, Deed Records, Jefferson County, Texas and the Southeast comer of that certain called Fifth Tract as described in a "Warranty Deed"from J. L. C. McFaddin and wife,Rosine Blount McFaddin to Bar-C Ranch Company as recorded in Volume 2045, Page 255,Deed Records, Jefferson County, Texas and being the common corner of Blocks 7, 8, 13 and 14 of the said M.C.Cartwright Subdivision and being the Southwest corner of Jehovah Jireh Village Phase Two, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Clerk's File No. 2010013195, Official Public Records of Real Property,Jefferson County,Texas; THENCE SOUTH 00°05'41" EAST, for the boundary between the said 19.725 acre Antioch Missionary Baptist Church tract and the remainder of the said Bar-C Ranch Company Fourth Tract, the same being the centerline of the said abandoned 30 foot wide street, and the common line between the said Blocks 8 and 14,for a distance of 301.71 feet to the POINT OF BEGINNING of the easement herein described; THENCE NORTH 59°03'11" EAST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 419.45 feet to a point for corner; Exhibit"A" Page 1 of 2 MARK W.WHITELEYAND ASSOCIATES,INC THENCE SOUTH 33 026'34"EAST,continuing over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 315.88 feet to a point for comer; THENCE SOUTH 58 032'08" WEST, continuing over and across the said 19._725 acre Antioch Missionary Baptist Church tract, passing at a distance of 3.52 feet the most Northerly comer of that certain called 0.1366 acre waterline easement as described in a "Waterline Easement" from Antioch Missionary Baptist Church to the City of Beaumont as recorded in Clerk's File No.2005045543,Official Public Records of Real Property, Jefferson County, Texas, and passing at a distance of 13.52 feet the most Northwesterly comer of the above mentioned 0.1366 City of Beaumont Waterline easement recorded in Clerk's File No.2005045543, and continuing for a total distance of 15.01 feet to a point for corner; THENCE NORTH 33 026'34" WEST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 301.00 feet to a point for corner, THENCE SOUTH 59°03'11" WEST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 396.58 feet to a point for comer; THENCE SOUTH 00 005'41" EAST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 262.51 feet to a point for comer; THENCE SOUTH 89 05442" WEST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract,passing at a distance of 5.00 feet the most Northeasterly corner of that certain called 0.0384 acre waterline easement as described in a"Waterline Easement"from Antioch Missionary Baptist Church to the City of Beaumont as recorded in Clerk's File No. 2005024915, Official Public Records of Real Property,Je fferson County,Texas, and continuing for a total distance of 15.00 feet to a point for comer, said comer being in the West line of the said 19.725 acre Antioch Missionary Baptist Church tract and in the East line of the remainder of the said Bar-C Ranch Company Fourth Tract,and also said comer being the most Northwesterly corner of the above mentioned 0.0384 acre City of Beaumont waterline easement recorded in Clerk's File No.2005024915; THENCE NORTH 00°05'41"WEST, for the boundary between the said 19.725 acre Antioch Missionary Baptist Church tract and the remainder of the said Bar-C Ranch Company Fourth Tract,the same being the centerline of the said abandoned 30 foot wide street, and the common line between the said Blocks 8 and 14,for a distance of 271.02 feet to the POINT OF BEGINNING and 0.3386 acres(14,748 sq.feet) waterline easement,more or less. Description based on a survey prepared by Mark W. Whiteley and Associates dated August 17, 2010. This legal description is being submitted along with a plat based on this survey (see EXHIB ). Thomas S.Rowe,RPLS No. 5728 THOMAS S;ROW•»••�•••S 5728 �Tk' WA20 1 011 0-01 R10-01 1_WATEpuNE m&hd0c q% ...FE s s%O f� UR 12 � Exhibit"A" Page 2 of 2 MARK W.WHITELEYANDASSOCMTES,INC. I I ' JEHOVAH JIREH VILLAGE z 4 JEHOVAH JIREH VILLAGE PHASE ONE �� i L 2045,PC 155 PHASE TWO REFERENCE BEARING PER Cr NO. 2000027592, OPRJC CF. NO. 2009015520 QP JW CF. NO. 2010013195 (CALL N89-5946-E 727.27') SARAH - r!- OPRJC FND NB9'59'46 E 727.30' OPRJC � � BLOCK LINE I BLOCK UME I —— — — — — — FND 5a"— — SI LOCATION w — — — —— — — — — — — — — — —— — 0——Q — —� $ R.O.W.�CEATEMENT I. R a JEFFERSON TRACT DRAINAGE 28 3 ® j I FND 5 8" VOL�!y M.o fl y' HMO@ DISTRICT N0. 6 96 69 VOL. 16 RJ�G. 190 0 I CALC. 1 NED.3 R.D.W. CORNER PROPOSED 15' WIDE / 0.3388 ACRES ��QQ Br FauMON cirY / (14,748 SQ. FT.) �0;� "" VICINITY MAP VOL. 1146 3, DRJC // Q EXCLUSIVE WATERLINE o C w Nora: Gj / EASEMENT. 'y DESCRIPTION WRITTEN IS BASED / ON A SURVEY PREPARED BY `�� MARK SW WHITELEY AND ASSOCIATES '' a ✓/� \�� ° DATED AUGUST 17, 2010. TRACT NO. 2B Va Lo O I CORNER/// 15.00, \ Cq / ME"Al£RLdVE 0 V ! �'\ I 1 ��y1+y0� CAW- PROPOSED 9rcA C. O S8r5442w 1100• \ \ ,.5 m (CORNER SEE DETAIL "B" CORER aa0 °"ter/ �I 10.00' CORNER CALC CALC. CALC. +0°° Z >, CORN R CORNER aare4 AM \ a 1788 AC4E \ m S58°32'08"W 15.01' \ \ _ g v o I� \ \ oawC I \ Caste w CALLED 19.725 ACRES ANTIOCH MISSIONARY BAPTIST CHURCH \;\ DETAIL "A" DETAIL "B" L W BRICK BUILDING CF. NO. 2000027592 OPRJC O \c TO THE OWNERS OF THE PREMISES SURVEYED \ EXHIBIT "B" O r AS OF THE DATE OF THE SURVEY \ p TRACT N0. AB �� \ REFER TO EXHIBIT "A" 1 FOR LEGAL DESCRIPTION THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY \ \ MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED CUENT; I HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME ANTIOCH MISSIONARY BAPTIST CHURCH , ��, CALC. OF THE SURVEY. oe eT. SA: scaF. SWEET No.. PROPOSED 15 WIDE CORN ORNER vEre AcAO Zoos 1"=100' 1 of 1 OF T ,roe NO. aaE,W.\2o10\10-011\ , 0.3386 ACRE '(14,748 SQ. FT) .•••'••••• �` 10-011 10-011_TATEnuKE�sc>�Nrofrc 0 EXCLUSIVE USE I O Q G1 S T f.9'•. A MARK W. WHITELEY WATER LINE EASEMENT a ••• D ASSOCIATES AN AS S.ROWS INCORPORATED J.W. BULLOCK LEAGUE •$7Z8 j COMULTIN0 ENGINEERS. ABSTRACT NO. 7 A �-A'.°xFSS+°?'� tZ1Z �I� T-E Ems° BEAUMONT, JEFFERSON COUNTY ,m F-M P. o. BU 54M Me Lam rim. TEXAS O THOMAS S. ROWE - REGISTERED P SURVEYOR No. 5728 ee►uwoxr. TMS 7"0-UN eehurosr. =,e rnoe aoo-ew-au (' aoo-eoe-fxe J RICH WITH OPPORTUNITY 111C1A,[11q61jT ( City Council Agenda Item T • E • X - A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer- MEETING DATE: January 11, 2011 REQUESTED ACTION: Council consider entering into a Cooperative Purchasing Agreement. RECOMMENDATION Administration recommends that Council authorize the City Manager to enter into a Cooperative Purchasing Agreement with the City of Fort Worth. BACKGROUND The State bids the administration of a procurement card program that meets all bidding requirements. Municipalities are able to participate in the State contract for their procurement card programs. Since 2006, the successful proposer has been JPMorganChase (Chase) and the City of Beaumont has participated in the State's procurement card program since that time. The State recently went out for bid and awarded the procurement card program contract to Citibank. Chase is extending its services under the current contract through a special "Transition"provision which ends on February 28, 2011. Programs that do not have a valid Chase contract under which they are participating by that date will be closed. The new contract with Citibank was to have begun in August 2010; however, Citibank has only contacted the City once via email asking that a survey be completed to assess our needs. There have been no other attempts to contact us or transition our procurement card program to the Citibank program. Since losing the State contract, Chase has established the Texas Payment Card Consortium(the Consortium). The Consortium is a competitively bid commercial card contract, anchored by the City of Ft. Worth, which has a piggyback clause allowing governments to participate. The 2005 Texas Government Code, Chapter 791, Interlocal Cooperation Contracts,provides for municipalities to piggyback off other government contracts. Interlocal Agreement with Fort Worth January 11, 2011 Page 2 Some of the advantages of participating in the Consortium are 1) 0% fraud liability, (With Citibank there is a liability of$50/card and $100,000 cap.) 2) late payment fees will not apply, 3) no co-op fee, 4) speed of pay escalator(rebate increases for each day the bill is paid before the deadline), 5) no Average Transaction Size (ATS)required for rebate eligibility, 6) approximately $24,000 savings in cost of transitioning to a new program, 7) uninterrupted service for another two (2) years. In an effort to reduce the interruption to our procurement program,the staff has considered this option of the Consortium over transitioning to Citibank. Considering the amount of staff time required to retrieve all old procurement cards, issue new cards, learn the online reporting system, and troubleshoot the new program, it was determined that it would cost approximately $24,000 to transition to Citibank. The savings from not interrupting our program, coupled with the benefits listed above, led the staff to a recommendation of contracting with Chase for administering the procurement card program. In order to do this,the City must join the Consortium, which requires entering into a Cooperative Purchasing Agreement with the City of Fort Worth. A copy of the Cooperative Purchasing Agreement is attached for your review. BUDGETARYIMPACT None. 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 Cooperative Purchasing Agreement with the City of Fort Worth, Texas for the purpose of joining the Texas Payment Card Consortium for the administration of the City of Beaumont's procurement card program. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - City of Fort Worth& Cooperative Purchasing Agreement FORT WORTH CITY SECRETARY CONTRACT NO. COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written below between (" ") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both and Fort Worth have each determined a need for a cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing; and WHEREAS, and Fort Worth are authorized by Section 271.102 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs. NOW, THEREFORE, for and in consideration of the mutual obligations and benefits contained herein, and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide and Fort Worth with additional purchasing options by satisfying the provisions of Section 271.102 of the Local Government Code. SECTION 2. The parties agree that each of the parties shall respectively designate a person to act under the direction of, and on behalf of, the designating party (the "Designated Representative"). SECTION 3. At the request of the other party, a party that enters into a contract with a vendor for goods or services (the "First Purchasing Party") shall attempt to obtain the vendor's agreement to offer those goods and services to the other party (the "Second Purchasing Party") for the same price and on the same terms and conditions as have been offered to the First Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is agreeable to such terms and conditions, the Second Purchasing Party may enter into its own separate contract with the vendor for the purchase of such goods or services. SECTION 4. Unless otherwise agreed between the Designated Representatives, payments for a purchase made by the Second Purchasing Party shall be paid directly to the vendor and not to the First Purchasing Party. The Second Purchasing Party shall have the responsibility of determining whether the vendor has complied with any provisions in its contract with the vendor, including but not limited to those relating to the quality of items and terms of delivery, and shall be responsible for enforcement of its contract against the vendor, including all cost of enforcement. SECTION 5. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations. Page 1 of 3 EXHIBIT "A" City of Fort Worth& Cooperative Purchasing Agreement SECTION 6. This Agreement may be terminated by either party, without cause or penalty, upon not less than thirty days written notice to the other party. SECTION 7. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. SECTION 8. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. SECTION 9. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. SECTION 10. Execution of this Agreement does not obligate or Fort Worth to make any purchase, to pay any membership fee or to otherwise or in any manner incur any cost or obligation. SECTION 11. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. SECTION 12. The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. SECTION 13. All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid,to the respective city representative set out below, or his/her designee. Page 2 of 3 City of Fort Worth& Cooperative Purchasing Agreement EXECUTED this day of , 201_ CITY OF FORT WORTH CITY OF 1000 Throckmorton Street <Entity Address > Fort Worth,Texas 76102 <City, State, Zip > By: By: Karen L. Montgomery Title: Assistant City Manager_ Title: APPROVED AS TO FORM AND LEGALITY: Denis McElroy Assistant City Attorney Entity Attorney Title Contract Authorization Marty Hendrix, City Secretary Date Date Page 3 of 3 K RICH WITH OPPORTUNITY [I I'Em , City Council Agenda Item T - E - X • A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 11, 2011 REQUESTED ACTION: Council consider entering into a Participation Agreement with JPMorgan Chase Bank,N.A. or Chase Bank USA, N.A. RECOMMENDATION Administration recommends that Council authorize the City Manager to enter into a Participation Agreement with JPMorgan Chase Bank,N.A. or Chase Bank USA,N.A. to provide commercial procurement card services to the City of Beaumont. BACKGROUND Since 2006, The State of Texas has had a contract with JPMorgan Chase (Chase) for administration of a procurement card program. Because in bidding the services, the State met all bidding requirements, municipalities are able to participate in the state contract for their procurement card programs. The City of Beaumont has participated in the State of Texas' procurement card program since 2006 with Chase. The State recently went out for bid and awarded the procurement card program contract to Citibank. Chase is extending its services under the current contract through a special "Transition" provision which ends on February 28, 2011. Programs that do not have a valid Chase contract under which they are participating by that date will be closed. The new contract with Citibank was to have begun in August 2010; however, Citibank has only contacted the City once via email asking that a survey be completed to assess our needs. There have been no other attempts to contact us or transition our procurement card program to the Citibank program. Citibank has two (2)representatives that work the entire State of Texas for its program. Since losing the state contract, Chase has established the Texas Payment Card Consortium (the Consortium). The Consortium is a competitively bid commercial card contract, anchored by the City of Ft. Worth, which has a piggyback clause allowing governments to participate. The 2005 Texas Government Code, Chapter 791, Interlocal Cooperation Contracts,provides for municipalities to piggyback off other government contracts. Procurement Card Program January 11, 2011 Page 2 Some of the advantages of participating in the Consortium are 1) 0% fraud liability, (With Citibank there is a liability of$50/card and $100,000 cap.) 2) late payment fees will not apply, 3) no co-op fee, 4) speed of pay escalator(rebate increases for each day the bill is paid before the due date), 5) no Average Transaction Size (ATS) required for rebate eligibility, and 6) uninterrupted service for another two (2)years. In an effort to reduce the interruption to our procurement program,the staff has considered this option of the Consortium over transitioning to Citibank. Considering the amount of staff time required to retrieve all old procurement cards, issue new cards, learn the online reporting system, and troubleshoot the new program, it was determined that it would cost approximately $24,000 to transition to Citibank. The savings from not interrupting our program, coupled with the benefits listed above, led the staff to a recommendation of contracting with Chase for administering the procurement card program. Because the contract with the City of Fort Worth has the piggyback clause in it, the City will enter into a Cooperative Purchasing Agreement with the City of Fort Worth. A copy of the Participation Agreement, Commercial Card Agreement and Amendment One is attached for your review. BUDGETARYIMPACT Entities are required to have a minimum spend of$500,000 to earn rebates. The City's procurement card spend for FY 2009 was $935,478, with an average monthly spend of$77,956. Based on this annual spend, the City currently generates rebates amounting to approximately $10,000 per year. In the first year of the contract the City is guaranteed a rebate level of.95%. In the future it is expected to be between .90% and 1.00% depending on the combined charge volume of all members in the consortium. The Bank will pay the City a rebate escalator of.O1% per full day of early payment, if on average, payment for the prior period full balances is received in fewer days from cycle-end than required under the terms of the Agreement. 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 Participation Agreement with JPMorgan Chase Bank, N.A. or Chase Bank USA, N.A., to provide commercial procurement card services to the City of Beaumont. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - PARTICIPATION AGREEMENT I JPMORGAN CHASE BANK.NA. THIS PARTICIPATION AGREEMENT (the "Participation Agreement') is made and effective this day of ("Effective Date"),by and between City of Beaumont,a Texas municipality(the'Participant')and JPMorgan Chase Bank,N.A.or Chase Bank USA,N.A.,as may be determined from time to time,(the'Bank")each a national banking association. WITNESSETH: WHEREAS, pursuant to that certain Commercial Card Agreement dated as of August 31, 2007(the"Commercial Card Agreement')between City of Fort Worth (the"Client')and the Bank,the Bank has agreed to provide commercial card services to the Client(the'Program")on the terms and conditions of the Commercial Card Agreement,attached hereto and incorporated herein as Exhibit I;and WHEREAS,the Participant desires to participate in the Program,subject to the terms and conditions of the Commercial Card Agreement; NOW,THEREFORE, in consideration of the foregoing premises and the mutual agreements, provisions and covenants contained herein,the parties agree as follows: 1. Definitions. Except as otherwise provided herein, all capitalized terms used herein and not otherwise defined and which are defined in the Commercial Card Agreement shall be used herein as so defined in the Commercial Card Agreement. 2. Mutual Obligations. By their execution of this Participation Agreement, the Participant and Bank hereby agree to be bound by all the terms and conditions of the Commercial Card Agreement as may be amended from time to time attached hereto as Exhibit I. This Participation Agreement shall remain in effect according to its terms without regard to the continued existence or enforceability of the Commercial Card Agreement with respect to the original parties thereto. All references to "Client' in the Commercial Card Agreement shall be deemed to constitute references to the Participant hereunder. Without limiting the generality of the foregoing,the Participant further agrees that it shall be responsible only for transactions and for fees, charges and other amounts due under the Commercial Card Agreement related to the use of Accounts of the Participant pursuant to the Commercial Card Agreement and that the Client shall not be liable for any such transactions and for any such fees, charges and other amounts. 3. Incentives. For purposes of calculating rebates, Combined Charge Volume for each Participant will begin to accrue on the first day of the month following the date the Participation Agreement is executed. 4. Notices. Notwithstanding the provisions of the Commercial Card Agreement,all notices and other communications required or permitted to be given under this Participation Agreement shall be in writing and shall be effective on the date on which such notice is actually received by the party to which addressed. All notices shall be sent to the address set forth below or such other address as specified in a written form from one party to the other. To the Bank: JPMorgan Chase Bank,N.A. 300 South Riverside Plaza,Suite 11-1-0199 Chicago, IL 60670-0199 Attn: Commercial Card Contracts Manager To the Participant: City of Beaumont 801 Main Suite 315 Beaumont,TX Attn: Brenda Dean 5. Miscellaneous. This Participation Agreement shall be governed by and construed in accordance with the substantive laws of the State of Texas, and as applicable, federal law. The headings, captions, and arrangements used in this Participation Agreement are for convenience only and shall not affect the interpretation of this Participation Agreement.This Participation Agreement may be executed in any number of counterparts, all of which,when taken together shall constitute one and the same document, and each party hereto may execute this Participation Agreement by signing any of such counterparts. EXHIBIT "A" Page 1of2 IN WITNESS WHEREOF,the parties have caused this Participation Agreement to be duly executed as of the date first written above. BANK: By: Name: Title PARTICIPANT: By: Name: Title: Participant Attestation: The undersigned, a duly authorized officer or representative of Participant, does hereby certify that Participant has been duly authorized to enter into and perform this Participation Agreement and that the person signing above on behalf of the Participant, whose execution of this Participation Agreement was witnessed by the undersigned, is an officer, partner, member or other representative of Participant possessing authority to execute this Participation Agreement. By: Name: Title Page 2 of 2 CHASE BRNK Fax:4098985190 Dec 3 2010 10:39 P.01 CITY MRY OONTRAcT No. COMMERC LAL CARDA ,t`UZMUT This Ccramamol Cord AF t (the "A ) is added to a 0' t � 200„2 between City of Fort woes,a How-Rnle Municipal Carperattson,d mad Jim Tats W. e,Poft,and Wise, Cures,Texas(the"Cliem and JPMOrM n Chase Bak NJL(the"Banf1P')a A869 al banking aasocia ca. Commencing an the dace of this Ate,the Same ud the Clieta'havby Wee that the Bmk wM;vovW the COMMMeld Card Ptr pvra,ea hmumi}er deflncd,ad to Client may participle in the Prop=s dgw to the terms and condidm of this,4greentem L IWndians.Terms deft nd in the singular rhali kdude the phral advise versa,as tlta coot x6*&ts. "Am a CoW means the near klegtiSCatia®co&and pesswmd aw*ad to iadiv&zb wed by the CUeK for use in ooitnection with.ft Prom or the Systm aAt unt" mum the Visa or Magid account number an*ed to a Cw4bcldtx =Ucr the Client,the related woowtk abd a W Card bearing such secant nWbw a Att 4eQl#Limit"tests the now IWI for as exteasiar•of cmdit for an Account the . from tip to time and wcepeed by Beat ��by "Agrearuettt"means this Coatane dd Card Agremaeat as it may be amended b m t=to timer. "ASa da>ioB"meadti edW h Card at VhL "An&wbmd Usee means imdivWuds authmmmd by the CHIM to ACCESS aml un the Program alnd Sy8amtn. ":gauge DW MW a day ate a}hich both the lathe ad the Federal Reweave$ate ame apen fir bps. "CAW Mans a visa or 3ubIMCard card that is bstrsd by the Bast with izepext to aft Account. "Cad Beggat" means a wrdtm ar alo Wan ugundtal fitamn the Meat,regnesft the Banc in steam a Cards)or amabitab in A000wt ga *Cordbnt W meas(i)an individual in whom nemte•a Card is isw44 ad(u') my odd ampioyee, ookw, dbUM Or pown Whorized by Ste Clkmt ar nand CudhoWe to an a Cud or Ate. "C krdboWer Avvenar maw u asmemW betwem tt Book=4 a Caid4k, a amtstded Am tress to emu,SOveming use of an ACCOU . "COO Tramutia Madde" fc TM's tuts a Sych m ittol used in comecti m with an pma eeia& maosgagme&-and approval of crib Mmactiow. *Convenience•Cieecb*mesas a WN*writtou against as Aaconrrt. "Cantmct Doeueaattts" mom this A$Mwm ad In ct)njt nWon vMh City of Fort War& RFP No 07-0068, Added#1 thereto, sad Back's PMpciettt wbm Md in respaatea to RFP No.0744- RFP No.07-00% Addend=iii tlt=a,and Bank's proposal are each inowpotued herek by this refereuee. 'TIOnt Amt"means the account of the Client hOD which the otabWft,bates of alt Amounts ere aggrepW and Ibr w IdCb t1tC Client is liable, uClieat.Vendor"MOM tt travel aWt;travel y or any othac veadar of Client vl&oftd by the Client to ktunge'Tra MW=s to ast Accanut: 1PM%-Vm c9me Beek.NA. Pe;a t of 16 CHASE b'RNK Fax:4098985190 Dec 3 2010 10=39 P.02 "Corporate Uabldty°'maa¢ts the Cliwt is habit for ail Boras an on Account and meb lbbfty dAR be as agreed to by the patties and r lected an the Bank's re a and mWeaet i o this Aavanent, "ereft Limit" teas abet appgc limit evablishad for ao paatea8m of ac&that tho Barad;may antb Ww b connection wide"Praga!sam umda this Apeament "Craft Leas"mcm aIl mounts,M' dludWsS�reed collemon coats,dot#to the Elwk fan oenmctioas with any Account that the Bank has written.off as;Tw-olio Mle,=left Brand Lasses. "CytWt masts the monthly period oft on the am day ftd moth,or,if ft day is mg a Busbam toy, dm the tollowittg i3assiaesa Day or preceft Bnsmw Day,a systams may requm or such other paaW as dw Bank may q*ify. *Fnvsd 14ow"moms aU mwo due tD the Bak is comDeaft with sexy Aacaamt that the Bank haat written off as uuooRwdb1e aaa a r=dt of coat A=oft being lost„ stolen, >sz*)pmMimd, kWaWIy used or COMPMised 'latera wball T aefim" means aq Tumsa aian d*is rnada In it mmmy odw than U.S.dogs or is matde in U.S.dnU=owd&oldie CJaaited States ofAtaaa:dm "MCC"means a M Cae*my Code ad by Visa or MnkrCud. "Leeaea"mesas ell Credit L osaea mad Fraad Last. KBUR tai' maaau the Dame, teem aaaDa, and *A ra gi Wed, or ur4dowed savioa metlos of the C1imt, die Aao4stk m and the Book "MaeparCAW ma=Ma*rCatad Int=V4oaaal,Inc. *Program" means the commercial card rys m dosed of Aoavuuda, Card-use: cattral% and zed to ft"O to papa of grad paynmote fw, baaysimess pods and Mview eaablidod irs anwAm wkh the C u act Documents. "Programs Admbdw wO meaaaas sae hAvidatel wAborized by the Mast to pnfoafrm va>riaus admmj*Wa and Utwity limt,`dow is ca mwdion vft that Program ud Sya:tem. owe Meru the oamduk dwoue witich the Client cm ac ews Aaxxmmt and Tramsa edw dam sand next. "TraMudOO means a p tzse, a c a& advance, am of a oomvgn ows Check, feat, or amyr Cher' wdvity dW rataa>.tm in a d"to om Aemmit °Vicar"tts"M Visa U.S.A.,Inc. 2. Obltgarto rs q'tlja Bank Ira cmuctica with dare Mw"PW&4Wft is the PraoV*n4"Bak ahailr A. Batablisls Aaeeow to w d wbwe sapplkabie is=Cob wkb oath a gmbilities U Mq be edea W by doe Mon and agreed%by the Batik 2=terse to time. ft Cab ad my C&Vboldra'gum=wall be daGvwad to a U.S.attdm of 1W Client or Coftidar mlesa oftrwiac agtuExl. Tine Accama'ta arse rat-lhmaffiaable and aora•a 4pMbbk. Tyne Cards sal"mok the palope V of r3ae Back. B. Thar Basic may i0resti99e tlw identity of tt Chart ad nosy proposed or=Wing CmdwWw by ob%=* va*f aL wd recording peagcs W W=Wyiq imfcrmudak am may if rameomubly neca wy obtm a a h won*=third patties. C. Make available to the Clieent any aorpor o Hability vtaiver cavne W exb=da3 by Visa ar MaMrCerd in ooh with suspected employee mieaaao of an Aoaoaat. 7PMOt�ana Soak.N A. Pipe 2 of 16 CHASE BANK Fax.,4098985190 Dec 3 2010 10:39 P_03 I Obifga OM Of the C&M4 in cm=tioa with tie;PrmgtM the Client sbatl: A. tweet a miaimwn often(10)Act in cannwdo with the Pogam by=banfitdttg a Card Request. From tame to t;tnc the Client may sub aft to the Bank a Cad Regret form iar uftoasl a&*. the Card Request aball be in a foam waved by the Bank tdtall inolade all kftmada nquked by the Bank sod shall be ac tad by such"Wenoo of aut a ty for the Card Regnasc as tote B=k may regWm.All Card Rapasu shall be delivered to the Bank in a senora,a ypted,at psaswotd p uamW rum or by sock other ntemod as MW be mutiny agreed m by dw pmtW&By SW=ttmg ay Card Requeat,tk CFW up=am to the Bank tW**iuft�awtained ftreja is with the Cheat's ovn teoords awning the listed CW&Older or amity.The Cheat rcpnaersts dart the Ca*ad AcooaM to be tweed ad eras tard Haden this Agreement are s¢bseittmes far woepted cardt and accotatts, at will be wu& and Umd crdy in re*oese to wntlen tequaft or applications foe' such Cards of Amts obtained by the Gloat Pram the proosp xtn CM&OMM in am dance with Serdoa.225.12(a)of Regulation Z of the Nde al Trout in LamUng Act. ra Chant shall retain such appliratim(papa cr elecacai0)for say Aaowd whoa sack sppdimaion is trot ptttvWW to Elie Bask,'lbe a i?aiad of twenty*-jjva(25)mmtb aft the application hu bow received gad acted tow, The Client agrees to uw reasonable semarhy pmubm to aegtt d Accn=in mat►veldt tk**Mr,use, and distormhegtion of Ac munts. B. Not*rat Ca*aldvr*M dwAmumb ant 0 be used only for business prepare$acsasvg=vv&the Client's.esrablidied policies. C. Clearly dMaelm to Oath of tits tMrtllsohlats the teeters, if any, to wbieh the Beek wilt pmido TM=Kdon and Aowaut Womugan to third perrties.. D. Make C=MMTWIy rersamable dfbM to () Mabbin a► proem easubs dm and acme M min*m a ust of ail bushm=Mchase ttvasactionr to its+CerllhoMw4 Cal not maW the Credit Limit or pesmdt Cat&okkrs Ip exased tho Account C m t Umits,and(iiQ 0oiiect and destroy any Cords it 40 logger ragyiMa m connection with tills prrovam. IL hMuu lately no*she Bak ofsaty Arcatrtt for vahlah tiro client m lamer bag= F. 1mmdist*w*the Bak by phm of my Ammtmt&M the Clint knaves or suspects bras beee last, lY used or cats . G. Campt, with all rcWffwmu Of atsy coMMUM li"walva,covarae.-Any bah= o Utw&g auociW4d wish an Accourn fbr WhA a coqxnb habfty waiver is maqussied than beome faaeed W*&0 and lle- R. Nodly the Bwk of any tba Client dl wj&ja si7n:ty(60) daps of fire Met day of*e Cyolo dorm which such T=WdM is chwged to the Cliaat. The cling-MII.ftoft..idly re.eou" O f0ft to raster the Bonk in aftempft sa obtain ream fim the Marro. Tye Bak wM rtes ooammaaarialtsr taegaoastblat effaarts tb #k Ckaot in art tmg m the bdet had# PWVM4.waver,tba CUM WAMOI&the no w3.be Smod for Tr=ue ms r+et,Wng ftom A.ccc=anew whare a QMIM KI nmt a IS pM aathomad OUR QMd ar I&=time is no Cord maocltm d wish vxh Awm= The Client or Cacdb"r sleep not be tvslieved Of l sbtlfty'ke any dis}s W Tmasati n k-the chlfPbw,k 4 rvjWW& The Sault shall not be &ble ft any Tinnaacdom vrhere notice of the disntW Traassotion is mc+etved$arn$9 Client molts than sixty(60)days atler the last flay of the Cyck dttrlag which such Tauftdft is cha vd to the Client. 'The Cheat sMB nac mama a t imm atgt<ieat the Bmlt or re w to pay MY mount beca m the Client or the person using dm Card may Sava a di"with arty lvlerchaut ae to the goods err services purdumd tom such Mwdu*which hu hanared the Card far that pear ase. 4. .41gbabli r of tho climt A. Regatdias of nay ead�lnisbed Qv&Limits ar Acoaudt Credit Limits, the Client•s to pay ad petfo>1m when at 91 of ins abli8nt;,0114 kchxbg WbhO%tintitodon: 7P& art are Not NA lie 3 of t6 CHASE DANK Fax:4O9898519O Dec 3 2010 10:40 P.O4 0 With roped to CMp,orde rah* A==M ft Clad aball be liable for all aataaat* ow* and Or m Wmwcdon weth Deal,vAh AociRM tad tutus Apamem Tbo Ow draft make MuM as VedW on EXbhh A ft all' posted w s Cum A000=as raflaeied ctt•a pueo& no lakr thsa the payment daft Ohs'T ynlad Date"). If W&1'syazmt D ft is a ',&M*s or Smote b0 idw,the paymft shall be doe on either the previous or do mu buhus aq as specified can the periu "emgnL if all or any pm ion of a pqnment owed by the Client is not mmived by the Bradt by the Payment DM dram MW amotmts OM Oft tg shalt be aablect to the late fees and deffnqumq as rpeoified on Exhft A until payment in full of ail vAj amounts. B. The C&d dhati itztMUUW* notify the Bank by Om of nay A== that the Clkat kwm or w4wob hu beear Jost',atokn,miia q�-I;rWo ,b p vpaady need or Compaonsk& The Client will be ii"far all Trmtsacle=,node on an Account prior to nusoatim of such Ioat,AD1014 tnisaP Mpaiaad,is pmPurly used or�Aeaou m Tte Cheat wlll farther be i1able for Ttaauftm after atich 40068 an has omur end if such r>suk in a direct or imbed benefit to to Client or 4+y Cmeolder, C. The Guard's ablutions shall be r=tfb uOke tesardkas of the validity or sky of a C&talder's Obbgdm. The Cliew waives any daftses based upaa nay 0 exercise,dtlay or wahv of my rW power,or ram*mda any Cud kgder Apmtm� if) banimaptcy or sitni v pmwWb*k ar any dbehmW,afJb dN a Cm Molder,the Cheat,or erase, left) modification of any CardhokVt A mwwu, iv) attiewou whit or release ofmy CBr ,and/or v) 4s lu. J�.G�Vjit��p,qY aC�11 �${�k i'nrig3 tfi*trliezrt'a rWO or aafght aft win UVMY w fly oouadI= of a sonny or gas mmr, * D. PgmmmU=der this Agreeatew!ball be made in U.S.dollars drawn an a US,b�of a U.S.kuch of F. If the Cheat claps to add Coumime Meek CWOWWW to MW Mona.the Chard wlll be liable for flue amount of%U C408ckw C WdM Dud itt aanenectiaa With each Attmmt. F- N she Miser atiowa a Client Vendor to dwp Tr+naMctiatnt to ap Am mt, do CUmr it: solely im'1OWN&S sand,Client Vtndttr In the ItMA tmd ps+o aubg of Tnnucdaft Cheat Vendors. WO for sit PUPOM Mub MIY of the Ci tt aood not of tine Bank No fee shalt be payable by the Beak to any Client Vendor far pa tmMing=y services. The Bank may ragWm far Cljw to deifivor to &a Bank&U&WWWaa WMmWA m far tntoh Ca" VmdOr bw not 1hatited to(a)the=vo and a ftem of me h aal&W=d£ttditnidoal of tae CBW Vender,and(b) Moh other Wosmado in spat faamat•aa the Bank my in Its sale&aadm m pke. Tlse Ctieatt shed Mmediatcly BO*the !lank WM t+e%kMg a Garr Vetuior's atdhOrity. NoMmoft aay+Nng.to the Dowry in this Apeemenk flu Ment athatt be Ilft for ail tttttt is pwbg gad payable umdw or In¢onmectim with each such Accaopmt and Buis Apvenaat. 3. G'�sdf7r. A. The Bttttk,at its sole dk=im,easy=bMiN uftam Of eted t with re WOW to(t)each Accotmt up m tlta Acaoamt Q edk Limit►sad fu7 afi Attempt up w the thc*Unit. The Bait it tad but not ablidd 40 dettliuc ZWbW2006 of any won that weWd result in cony Cre t Limit or Aoeolm Cm&Fait bckg mwftded. NotW'ftWfts the ftremft if due Clk mt anNor the CardholBa sxuaed the CreM Limit=&or tTto A%lo "C.kmBN*,N.A PW d of l6 CHASE BANK Fax:4098985190 Dec 3 2010 10=40 P.OS Account Cru%Limk,the Client and/ar Cdtald c dall pay all amomb Oweeding the mail Limit"o£ A count Cd6t Limit as apgliaable. B. If cot pubiialy available dmxzgb do Scourkles and Eacehzgp Cvmanissian,the ClbW sail prude the Hank wdth oq*ic of M ao whdad audttesl th m Ud MOM= inclttditlt it anul it *=statement and bat wce du*4 Fepared in wrd*ce w9h GAAP,as tom as available and no later Am 120 dip aftr ft and of each 6=9 yeu, The Client shall pcovi&Mxh other current dial khr mabn as the Bak tati?'tequest ttom tame to tiara. tf ante,flue Cll M WM buffy the Bank withia live Batsinese Days of wW chmp in the Clietst's baud rib& The Buick ehsil be erditled to raive,sad w roly upaa,5aaacid stsumema provided by the Clfine to Bak affliates,whe&w Fw pwpoaes cf'this Ageee =or tbr Aber pop mm C. ire Bank at ally the may c=W or mspeatd do rW of Ca nMoldettt tome anyy Account ar Aaocrass, or decline to establish my Accawt The Duk may,at way time,ire or deetease any Awomat Cnl&Limit or the Oredit Llratit,modify tin payment teams,or regdm the providm of coLUftsl ac dal collateral, D. The Bask may ft= time to time require MCC m6whation reoicti= in maectim wa the program E. Nang to ft f+the Book ahem not be obligs W to camd CM&or p ervide my Arco= to the Cliag or wW Cathotder in via bits t of any hmitetiott or probs'bWm hqxmcd by qnfiable kw, d. PrWaws and System dccau. A. The Barth shall prude do Client wft pwwaadj uteciad dater accew 10 Ate Od Tmmefim loss,teem wd a wtat malaws ce fmwdons dtrough use of as Acrme Cale, TM Bs&shaft usip an •milled Access Code to&a ftgram AdmickvOw. The Ph IPM Aik&aster alias masse wA diiusubwe Acuum Codes to Aad axned Users. Sucb wtxaess d mG be piavkW bt soewdme vdk sad , basting rt au ials,end odtar ithrmatitm a Ow Bak shall ptavide frema bane totbm. EL The Cheat RPM to be bound by ad Wow dte se=ity FOMO +es,teasfs stud oostditi=ft the Bank may vm mnu nia tt:from dlme to time upon natice to flirt Client. C. T as Clot ftO 92 d ail AMU Codes and be respoaalb for all use of Acres Coss iaasaad by the Pico= A,deo afar. The Qxw adtxes that any aooea8, Troxacdaa,cr businem c bmuhm red using'as Aocees Cade:mfy be Pmsumed by the Baulk to have bem in to Cheat's acme Ew fife CBwls but& Aay tm06004ed use of an Access Code(except for ttt sud aaised use by a Be&artgrlayee) duo be soldy the tasspmabiliity dthe Client, D. The Battle is authorized to rely tapaost my and or wrh t inaa wdm that des*ow ase Au6mind User tunny#se aati 0*y of any Mb An6wisssd User is chzpd by the Qua by asst or erittea a to the Bank sad fire$wok bas s+masonable appw dw t4 act an unh foaoasobm Sub Auewoataod t7w,aabjoat to writem llmlmtloa sawed a waged by the Bank is audw ized on behalf of the Cbe to: apes sand dM Aacormts, o C dboklm appoint ad remove Au&w ed Mom t"xectrhe or othemw Wee to arty t cm of agnmMew relaCing to the Phan,bOltadiag,wiift:ant lltttMum,maw*r iadd to secaa*praoed and Ova hnftems, by Maw otter 6w a wAM aignuma, with Mgmd to say Am=opt or clams, 404P on of C %1bolders,of S�of A96mired Users,and any shier mom in co on wkh dw operadon office Ptxsgcam or flue >3. In comiceft with am of the System,$ae Mom m4y Wsha the Bsak to fiaam sped&tMas oa dada to thud puties drat psovidm mpo ft products or saeryitsa to the Client. The Bstait wilt Mang tlao TtymswcdM data,wW WO rip=pWoift or wmrmM to such tWd perdes ide dfitd 1hJU h bwac ious. 7. ?4ppmWaftmu and WwrcwWAL Esach patty reprasestts aad waonte that ft Agr+eemeEd aoastitates its ks&L valid and binding obbyatlm enfmc cable in saxrrdsaca with its terms,and that axecrtrioas earl peftf== of this Agree xumt.(i)do root baaach any speaW of such pearly with any d*d Percy, (ii)do not vrolm ally law, �Ma�aa Chas+H>ak R.A. Pa®c 5 aElti CHASE BANK Fax:4098985190 Dec 3 2010 10:40 P.06 nfle,or repladon,or any duty srWq in law of egurty Applicable to it,(iii)ere within&s ell powcts, and Ctv)heave been autbaciaod by all as m ry organiz�action of such pwy. S. Fees aced Ohargm TU Clie=nt agreed to pmy the Ssra and cb=W as apwifiod by tau Hank, @yam taus m tame.Tho fees hibally Vplic"are sp"dlod is r A Woclwd hereto. 7ho Bmk may age ft ties sled ohstgpa payable by the Client at say thte p vvidcd rho Bleak=df=ft Mat at kaat ftV(30)days p ice to the affective date of the donge. Should Hewn Ise a need to pay fdram services aa�r than tLose sap :~d in fi>�ibit A,the Client app a to pay ibe fete and ahmpa asaoaated wfah say swh servieai. 9. InwNtt+es,The Bank may pay the Client an smmvd incentive award The mcwtive sword scWltle iaitsally ap Habte is specified in ExlZibit A. la no event shell dw Beak pay the CHea ant inwndw xwwd.fm the ym in which this Agreemew is Onainaud. 10. Threes. 'this Agtnemeat shall have sas it hUt term oft=(3)year,ft aat the date best wrest above=lea otherwise terminated putuant to the pw6ioas of this pwgpph. Thatafter, tills Agrwmmt may be =cwssivelY renewed for up to two owyear to =tipw the annivan"of the effiam*darts at am chy'ss sale discaftss. 11. TW"bkdM M.�A��.��T��h�yk Apemen atop be�Y=, bythLe�BaarLehk'% m thee�Cli�my�t,E�'s dew aiu�,'lient receives aotio�b.Lo�f amh 1i�.A}I and he tiered t o remedy Said di�W L w" (Tat)4qs of�ys rt e of W4 notim 'm Bak may reite to sdlow f wMer Trooscd=or revoke any of fx Acoat:tds at any time as d for aey mastson. a. The CIW Wray w mtde this Agteema d andlor amml a w of ft Ac cna at aw dw and for my reasca. The Oberst shall=mediotej*y eR=mob aww9mderfim Agraemext,WAPut set-Of ar , and deaetoy all phy6W Canis agu#itrhed to Cardboiders, Tbc B&A will a a4p the.Cliaot sd1 fits r%bb omwrding mxb among paid. In She oveat edUo diem is taitMW by the Bank the CHM shag be liable for paymew of reaoow*le=Q=Wa ties. Sew 2-8,3.1),3.F,3.Q,3.8,4,5A 8, 11,12,13,14,16,17.A, 174,17Y,17.C1, 17A,and 17.M mall=Yin Me unnkudm of this Agarmemot. 12. Dgbuk his t'sicd htsreht, MOAW idchmia W the Clk* bftg to remit my Wflaft to the Mak w required by tibia Agmnat; (3) gidw per flft or affern a pelibae as dakor in my b=IwpoCy, rocaiveatft WosMWgfuc, ligttldatitan,*wobalm,MIWhWay,or aber sasaraar prod,or sra kleg m+ asei for else bft*of OW dew by the tint tiamder sky mmmisl debt owed'tea sap tit relaberl sotby;(iv)many material adverse d mV M the Won;dense roads or fupaxsaW cook of the Ch m 13. 1Fearetllea andDawga. Upod the avow of a&fiuk ddser peaty easy dds,aiVaamnt pnasaa g to Sacda 12,at drove mask smy,at ha mote option,=pad its aervleea at obligasiam in the event of umabadan, Barak rewves the d&to declare all obllgations of the:Cheat havooder bra rely dire amd patyalge. In no sweat sW Unnioadon.or ea mlbon Mew or diuharpts the Mew fmm its obhVrA=to V7 all mwmzft P Ender lisle Aptement 14. LWtaa on of Zjahft =d ZA&WOgalwL Tie BB=kk wW be.liable 0*Ibr dirba damages if b Sh to exetwW"diary calm. The Beak shall be deemed to hive eat ondl=y cmr+a if ks sodden.or to act is ba Owhanhy wWgentad bankbg umos or is ahe wise a com m,or*W remmosable preedm of tire:bmdit ladumhy. 'the Book shag W be liable The any"ciak hectic,at ommquential chess m e m if it has been edvisad of the possibility of these datsasrgmm. 7 hle pmbvidQA shall atuvive WMIndon of this AV===a$to math that occurred daring its team, 1 . Notices All tarxcim and o*er aommuai=doa regu imd or p=int d to be given.under this A&*=AW s se�be iu wrAmg except as otherwise provided lain and aba11 ba e0ove ma the date actually tect:ived when deslivaed as PwAded helm Notices to be pamilkd hareem+der tr#sA1l be•saaff wo if ibrwe,rded m The oft p sty by hW4-&9vety or via U.S. PoeW Service certified mail, pasta p p mpaid,to thee address of the odd patty shown below. �satatatr e:mmc s3�N.A 1'�5�16 CHRSE BRNK Fax:4098985190 Dec 5 2010 10:40 P.07 To the Sank: 7PMMp Cbam Be*N.A. 30D Sod h ttivaraide PINZ16 SUk IL I-p 194 Cm ago,go,iliium 60670.0199 Attn: Can m mW Card To the C&= City of Fort Wasth FbucW 5ymm Dhisiou 1000 T&**Mortia Street Fast Worth,Texas 76102 Ann:Proc;uammrC d Admiaistraior 16. CwpiadwWjd i'ty. In aewrtla mw with the Texas PWAW Wwmalw Act of Texas Govanma t Code Chapter 5$2 toad except as eq!xw dy provided in d&AgrommA all iafartutiast frnmhed by @Mw pang in=nemlm witty this Agremnmdt rise Program, or Transwdow dm-eundet dmR be kept c o►aidentiat end umd by the odw p V oaf in smrh ca mwdt tx, mept to the eoro ! such IafOMMice (e) ig aiseady tawtitiy ]maven aatsert reaelved,(b)6maaw becmw lstwfWty obtambk fiom other swsom(c)is t+q*ed to be d lmW to,or m tiny docsmmem Sled with the Sec es mtd Fxdmge Commission,tm;nking repgaw,or a W otba r gwmmneW a gmacks, or (d) is regked by bw m be disclosed and oche of each dWclaame is give (whft ImpUy pwwdW*)4y tans discWaV lay Notice War(A whom p mmicft Ad be gsvda ago**is advtdtct of the dinkmm to Mmit the other pmrW to i,im IMA arm to ptviM disclumm. Fm*pody-shall advise alt smocyoft,q=wkm* and offer�(cft ova")who will have wmew to eoWUesdial motion Amin rheas;obt pdans. A party shit diealaw smoMaa dal mhmgbft=�y m a Rbp vas is dyed ht this Ate, the Program, ar the Tnnard as. IVW twmWatift of tds Aptoemcas,owh M sb4 at its opbmx� renaar deeM or reader mmbl%ad aaaae of ell copies of the otbw pasty's Confidential Intimadon uprm rtxlaest of the offer patty. Ttto patty reoebft:ah msy,b6 mm of Smote lase,system setlsweiments or as may be required by im own nowd ktaV%g mqubmwals, rsttaln any of the ocher past,y's Cowl lam, provided, however,Ib oblipbm of can5dean W tttaeht shrill rttt iaplaca. Xf tegotd ha tastiaryi,catch patty ahafl i��vPid:l6e fotagtrdang provisi m. The Bank may oxcheage Chen and CaAdAtr cm&kd al Wimmdion wit$alriliam The Brisk shay also disclose eonlfdmaW wfa m don to service pwmks k conned wj&theme asppaft the Bales provision of Program sa w& pmvidwxs shelf be obbgftd to Yeep diet mfarnw t m wa damtial mAe r the same tern and oaodidw as set lot above obIqpft the wank. 'IU Bak may oxchaage credit or o&w inawnwo+moo ab$to Client or Cardboldas with credit rgmftg spa=ad m (sod,in tree am of Ca*oMw khrmation, with this CIkm},iwittding bat ttct lWted to bfmmdm wa=nfxg T msmctiatts, MMed hey, dents, aad employment status and tpc d o. The Bank may in its sole mak�L an admw report to credit reporting agendas if a Cadholder ttsr`ls to pry or is debped in paying an A�ccotmt. 17. Adi mfiariR4trs. A. Except m otwrwiae pxaviftd hwalm nsitbesr party shad uas the=mw or bp of the other pa y wMaut its Wdum co mML ff ft Clint eteers to bove its idsab embomed on the Cmda or provide&=to the gmt for other yea,the Clim t busby gum the Bmk a nowamAn da fished Hoc=to mt;*do Mob to the solely faa use in connection with do PnW=and fm no Ave pmpose, B, If any pawvisi:om in dis Amt.is bald by arty count of to be bVmwjM we tomble, or bvalid, ouch.Ownsiou oW bo inoperative,umftmb1%at mvAlitf wWwK dm mg tba rwnaining prbvis w%and m#his ad the provisions of this AgVanoat arc dwWd to be.wwmbIL Fade of either party to exewist any of its rusts in is pm*uh r bamw SMI nett be crostm d as a waiver of those flghn or any o*ar rigs$tit*my perrpca. C_ Notbbg io this Aweemm Ad cxm huts or ctwe a patuarWiA jdau venmv,agency', er ether mlad i baweon sine Bank and tit;Clio. To the t III eat antler'loty mdffUim w pasbrAs sky doh'for Aself or for am rather party as requhed by this Agrement,the pmy da be ea med to be actag as art TPkio�nCie1 ,N.A Psge7*f76 CHASE DANK Fax:4098985190 Dec 3 2010 10=41 P.08 D. In a*ngwv cotase of b zkws,the Brad[my moeib r,re=d sad rerun tekThoee cmvamdm -msde or inrtluted to or by the Sark,from or to the Ctimrt or C mAholdem B. The h®s and p mvidow of We Agm ew stroll be b up=end ku*to the bendh ofthe Cuw acrd tba Sftk wA their resmtive w4oaw=mad ass pat Ncitbor ptirty hm to shwa aoign,sAW or hoodu its mtmm t bmw without the prior vsrJ3tten caeumm of the cow petty,now that ek6a pang may aagA adet,or uansft its Wave basin to mW affifiev upon wr tmai notice to the other. P. The Bank shall not be held responsible for a'r3'act,faalUM evot,or circmnsm=addressed bwdn if midi act,fhi n%event,or cft is rimed by conditions bgoud its ieaso>sd*cowl, 0. The Contract Dommoc*atabo*ft tntire agrement and=&Modhig bdwem the Chw and tht Bank and ao aedas an prior and mclm mdiogs betwom the Clima ad the Beth rdaft.to ft subject wow bwm& In can of a too fftft of tmm is the Coatteet Dotumerrtt,the corder ofpseo &=e ftU be tbta Agraemmm4 Addmdam No. 1,the SoWs proposal,W dm the ItFP'. All reprmefitafi=ad wasaPkW of fire pwdes wesined in this Ageemed shall m"ive the exvmfim of this AF=mt and conmmmadon of the Traosacdoos canteoyplawd hereunder. H. Thk Agmamot may lap=mWW**a by a wd ft deed by the p utitet. All remedies oontahed si fib Apwmkmt or by law affbtciaed shall be exuttuladve and all Ball be avdiabb to the patties I mew L To the mum that the Client wood have or be able to t sovaelp inmmum W in a w au"daim s4 or p mea ft brought by the Bank,The ClimJt.wdm.its so;+mAgn immm* to aft ft the p npaaa of a4odiraft a dWm ibr breach of ft Apumag duly,aubjeoa 0 the W=and oondhsaus.of Subcheor I— A*udic W=of Chnx Arbag Undr WhUm Contracts with Load Gova mental>btJtit mm,Chapter 271,Texas Local GoVe E"m C.oae. 1. &Wm itiadiqgs in trio Agmeam are fir conywift=of raft **, sa{d ab�il�no�t tlta bUnpladw of terry o to�o tw�. lei. bxw . bree wd her and words of aims] import whm=W In 2b Agmunant shall left to this Ag t, as a vftb sad not to My partietft pJtovision of tern Agreeiot K bawmaimW Ttmaarit*om mad Fawn. If 4n IJmermatiMW Thometion a matte m it cta:eacy achr than U.S. dolliM the Association will maveft the 1zsomactim iWo U.& dollam using its tmpecdve cummy tosivetaiom Pw0ftVL Tilt exahmp taco each Asaockdafl um to convert corm q is a rate tW it selects either from dw sage of ran avaWk is the wholesale om=y matipets for the applicable procmbg dm twbib tW may my fivm the rate the nq mctM ead W ittelf recdveal or fit gorm meetm=m4aled rape in gem opt tlaa 400acame p uensaitrg dace. Tba xa*in etfKt oti tits"habit pmusbg daft nary d'effar fimn tiro rate on the dace vh=ffm AdIM415WAl Tr sz ocownd or whm the Aacouirt was awed. Tic loh reserves tea right*4=p as btmukmd Transaction.Fee;as qedW in Bxblbit A. The htum motto►#1raucdon Fee wlll be calcubod oa the U.S.4*Uw amoa d poK YWd to the Bank by the Amoeiatiam. The tame Pmom mod dMtSM MY Apply lfXW 19MMtttiott21 Tfansaction is reversed. L. This Amt may be signed in ace at mono mmbqmti6 each of which shall be m origital,with the samo of d ant Ede siE mAm wmm 1VW ft aamc Apv=mt. 11&Amt sissll boom efibedve m of tM daft-first appew ft six=wbm emb of dlta pmttiea ltet shall haver signed a couaeetpart 3tarsof. 1K. TIM AOREMW&HALT.BE 4MMM BY AM CONSTRUID]Iri'ACCORDANCE WM THl~ 11ITERNAL LAWS (AND NOT TEE LAW OF CONFLICT'S) OF THE STATE OF TEXAS, BUT GWWO EFFECT TO FDERAL LAWS APPLICABLE TO NATIONAL BANKS. MM PARTIES H eery WAIVE ANY RIGHT TO A TRIAL BY JURY. JPMOW C bm Berk RA. CHASE BANK Fax:4098985190 Dec 3 2010 10=41 P.09 BANK C'LMMT XPMRW CHASE BRIM N.A. CFY)OF FORT WOM BY S ?Cj 4 l f. Fwi.i.Ci-yf 'i ii.�v is Karin L.MOR .r! `� Name CiAF�� ,��JTFi L TR . Asst OW )CFO �` VICE PRESIDENT 7WO Rnded By: A. Famnce toFomand AtLp OW AT"W- Iuliciy Iieadtix cty Secretary AOIL — L liqlal eE1eak,lVt1 P*9ad16 CHASE BANK Fax:4098985190 Dec 3 2010 10=41 P.10 EXIi1BIT A Crry OF FORT T-WOIRTH INCEN IM FEES RZ=IONS « a me=either b1sacrCard of Vies. "moans Large Ticket T`tamsactfon Volume divided by the tote[uataber of u msacdons it►bltkW in the eakndzdm of Lsrp Ticket TCatasaet w Vokae. Sin-t Charge Voh me divided by the total amber of tmwscdm inck*d im to eW=dltiM Ofawse Volume fi)t a w"pwiod. Coed Volume"mmama u;W U.S.do9w duages merle an a Pumps iog Card,M of retnrms, and excic4iug Large Ta*d Tramiw xkm cwk advances„convaaiaaoe cback s®o wM few nt oils"sod my ftansacdow filar do not qualify ft fntandwp under gpUW*Associst m rule. "mesa:all ataoutrts dde to Bate la camttion wfih aay Acoaat#hat Baalchas r►}ritasa offal ale,excl xft Fraud L.osaes. total U.S.dWw dtarges made on it vbtoal shale use am=mead iut cuoweW m with the E=Traa 8ygtem,net ofraMM and e7o*4my Lwp Ticket 1'rama cwh a WW^ kme chut amauuonts,fium*dM dwW ad say t<aas eums that do trot g"y far hardwap under applkaibte Aeoodattan tutee. mum ail wMMM dne to Beak in cowntion with aay Am=that Bak bass wrioeea off as ale as ascsnk Qf a wd b*g lost,stales,minppcopM4 bqroWly weld or wWambed Vale e"mean Pwsiag Cad Cbwp Voh a pis ExscTrec Cbap Volume,net of rctuma, and acckdittg L wp IDdW Tnnwcd na,cah sdvauc%convaniance do*amau^SmAgat chacge+s mad any umactiow that do m qualify fw fnwdu a reads apphcAb AssodaGn ruin. "LM,Ticket mews a ftwealkm tW tin Apociatl=have datmM ed is elipVc jw a Large Ti ketck Raw means total V.S.doBw Lwp Tkimt Tlanswdoaa mode oa a Boob C.ommtesdd L'04 net of ftvw and adludn cwh advamcCt,ooaeeaence check ate,firauddem charges attd&W ft*Mw:darua the do avt qualify for interchane tinder ag pHwMe Association r uks. JAW MOM all Credit Losses sad Fraud Lou= ` "me=the mob insdon ofd*mmabw of mWWw days in a biting cycle sad*a amber of saleraias days fbllowittg the errd a bilZiong. sa the cb►ta the payment is due. saulamoammm mad a X&Y.when X is tfte numbec of cahadar days in the blWmg cycle and Y b the number of calendar days lbilowieg.Ste and of a billing cycle to the dare the payraent is due. means the number of ododat&W of w a bAft cycle und to dale fin pwjuwi t of 6c, qvL-end bWm=is posted by the Bwk. zwoepo chm pock,N.A. Par to of d CHASE DPNK Fax=4098985190 Dec 3 2010 10:41 P.11 Bak w111 pay the Clitmt a rdWo buW an tht atmaW Crass Cif volume&*Wv d uccoWft to the thllowlng who". The Pu c buM Card rebate vdll be cakulated as f11e RAW RM times the mud Pwvhasing Card Chug Volume. Charge Rabou 2SO vela¢ $ M OOO 122% $l 1.30% SIS 440004 I.M% $22 444 lAI% 4Q0 1A6% 004 1A % 9 5004 1.50% MOMM 1.53% S45ASM 1.55% $60 044 1.5656 Isamu Vataeae l OMM Ad#na= 1Le mcT=nbale wlll be cakubftd at the Rebate Rase as deatm9ud above mbun 0.15%times the atmoal &Ue rrso Cbmge VaIUM. 9tleed.a[ t l�ealttor MW Bak WM pay Clia t au addisiamal rebate based on its avege Speed of Fttymmt ftmocut the yes.I&on average,POMW€or tba Pow PWW 6ai1 bddeace b received is 90M dap iim cyce tnd dm rwqukW mAw the terms of Ok Apou nne.a qnoko-py eaanlatw of 0.414;per Gott deg►of early pay'1l m will be=MC& Bt*wdl Pay the Giant an ttt a al rabde bused an tuaa al Average LM Tidset Twulfim$in emd anal I.argt Ticket 7�10acdaa Valurae sa ft*og to the M bwft*d>Tt1 C rebate will be"W�a*e Rebate Rabe times tk aameel imp rsA*Thnnown Vo um. Average!Gauge TTY liter Rata moo 0.60% $10,000 0.55% $15,000 0.5o% SM ODO S2S 0.40% 0.3S% 7U 5ollove4 it for QWUMM purposes taaly asad,tharfore,Me 31=becs Wv ded in the=amp k below da apt cwristwea a erect by the Baok. This is to emample of a rebate oa Vwzd at 7 days based on the following criteria; ]PMOWn Chm Beek,N..4. 11 of 16 CHASE BANK Fax:4098985190 Dec 3 2010 10:41 P. 12 913.000,0OO mgttlsr tmmucww and SZOOD,000 for bW ticket tmnomL 7D nazigift l Rem Ttaamalons t.3(riF6 5169,08Q Larp Tidimt Trammw= 0.40% S8,O00 Total Rebate 5177,000 Rebus w1g1 be eatmlrted awaWly in ensue.ltebe am&xb sum abjm m redwfm by all Lock,hAim to See ft 4B of the Ageeang.If Losses emend ft lattice aatr W for mW cxbodar ye&, lmir w M iara w dw Cyim tr the amim=bt cma of ft mbAw,Wyticy3 so=sW be pgble witbb 14 days.Ups►tattr*pgd a Of ttte Pmgram,tyre I,osaes A r Ole skdz mb pact MONAelg ptaee ft ttte Mmbafm WE be deamW to be vqW to trio LAmm far the pricy sbc m w&petted. RAM p"M wM bb made in dke first gwrter it tyre prevom aalaadw year vta Aestoimmd fig Haase{"ACM we&to as aroma dftkmmd byt to(3it L To gmtJ fy for arty rebmc paymar,adl of ft Rdow ft ma d is agpty. s. S of say cemmEy billed aacou*s)=xt be by awma*debit er by Clim m*ded AQj or W e. b. Pwimepb must be reoely ed by Bimk in aenarc m v tb tU Scttltsl m rerms. Delitxglcet ps1►t m ,belt be aubjecx m a Patel Dec Pees as Vwified below. Sadamem Tam am 7&7. c. Tbo GiiM is nat In> >mdw the Avft=mL L1, ACC mKs)must be+DRtrremt at tba tbue of rebetie cdcubtim mid ptymmt. ttl0 Ftttdr.N A hp 12 Of 16 CHASE BANK Fax:4098985190 Dec 3 2010 1041 P. 13 �Ras anu�and/or SDOL Rq acmglMagper Prerg wmmWPOstrloadw%M pw Kota(4 hwu l sdmyNet Set top: Fim 6 alas: No Marge Additt%W sites: $150 per site Thidba - At IPa mvnChm sloe: No t wp;client T&B not inch V�Talq&=: No Chwp At Cling site: i:aitlal Training: Four Days Trai ft of up to 90 um at no cbMe to thu Ciient Add —1 TmbinF $950 Per dtry,ip hW=alt related tnwd opcom Paper Statemem.- No(urge Lleetrook Paymcut Fee: No Chmp Labe flee:Pthrte+2"A applied to avmv dally wW4 is calculated is Mk,,.: (PW dne bdaaoe+smy near spend)/Nombw of dgys it cycle, WM be clued an tiro cycle come. Dalilq mkcy feu: No C"p Fm Annual Card Fees: No Charge Special Papoea Cards(b2B): No Ebargc Basic :€tic: No Charge Logo Pkulas:No CMW CtMOM Ptastits:At cost;based on coesgaktdq+of design subject tat S 1,000=W man Doctmtent retrAVId fie:$8 per dnctumM(mdiepeW Burgs) Stmm u Duplk�d m:$5.$8 per$Ubmgvg$0 Rough Payrr.+entNet ACR nv=,bm:No Charge Rft n Check Fee: Si5 perretrm Rush Card:No ChmW Shard Cwd Replacement: No Chsge R%IMM Chm R2W,N.A. Page 18 Of 16 I r CHRSE BAW Fax:4098985190 Dec 3 2010 10:42 P.14 Card Rekalenmr No Cis" Intesnitiaw'Transaction Fee. 1%sarchmv(Associadm pm tiuo*) bosmsat Ovdit Balmos Pee: No Clma Ovw Limit Pft No Charge Crib Advat=2.OA($3.40 mmimm) Cvummiaaee Choob:Sl per poded check f O.S%of check vah►e IWecled Cmvtniem Cha L No pts p Co voieaoe C ook Stop Paymew No Charge Skald tba CUM request services not intbis ache&&the Clift agmes tO p4y the So smodabedwilb stilt sesviae. ]�Mocgrrtrx N Page 14 cf 16 CHASE BAW Fax:4098985190 Dec 3 2010 1042 P. 15 ��noltccv I6ea� mum}at and/or SDOL:Custom lRapannW Wper Wo per hm(4 hoar EDI Sa uplTransminioa: Ptw*smlh on 0 at yep and dmbpmm e4m 'limit % At JMftgnCJuw sic.:No Chafe;dkm T&E net Wdudad At Client sine: Initisi'Im mfr v No otxw Ad&otial'I'raiiq W $450 pa day,mcbdaa all feinted gavel exponm paper' : No Chafe Ebxfto*Payment Pee: No.Cit We sec:Cermal SHE 1%of wqWd hel=m at qck+15 days;dwopd on cycle date cy fba:2.5%ofthe-W a wow peat duo at o)vk+ 15 d"ad amb cyQlc d aaftr;dwrpd at cycb des Domes t eel fm; $rat 3 Dopy mTmw at tee,dine$5 pa em reqwg(m&pmd ) StstsmWDvplia&lim,SS per imp in- 3D dwo PayoteatNet Acu rya $20 pax rouse Return Chic Fee: $i S per-p-mo bbruodmat Trawawm Fay 1% Dania Crodit Balm=Fee: No C bwp Dryumit Pa: No omp bfiwAUanmx Fees: Pas$4hv*obaga fat odor specialized se Nkm( by-cane fees) FTP: Dally:$500/month WwWy:$2$0oitr wh .Bi-wcew.$120month houchly,S75&wntb Cash.Aboam.2.S%($2.50 mien==end S30 M=im m) 7P1�Ma Banc,ldA. ism 0 of 16 CHASE BPW Fax:409$985190 Dec S 2U1U 11:4ti V.U2 conveuiemae Checb:1.5%-3%of check am mt($1.54/check ttf b&Mtl,U0 check maximum);$I pct dieck fee for king of payee aamo ftOWd COOMMoo Check:$29 per d & Convetakwo c hwk stop Ps/amt No Chap Shou1d tha C1iot rrgr,ast.artvicrs not in this the Chaff agiM tc pay ft fee sasociMd with such service, 3PMe M chew 1t,NA paye 16 of 16 CITY SECRUARY FIRST AMENDMENT TO CONTRACT IVES.. COMMERCIAL CARD AGREEMENT i JPMORGAN CHASE BANK,NA. TElls MT AMENCWINT(the'Arnendme r)Mo CafrtmsnW Card AWMot(ft•AW'glr WW)Dated ore of Aug JPMWW Chan 00*NA(ft IWArh 4W Cky liet 97,2pptt Oa6Ues11 Of Fo Wq al {pdt Ca00ratlon. arr�a%Dns1oa.Pirtaer, The Bent;and the CW spree to WWW ttbs AWeemsnt as%dews~ hereto used to this Anse WMW and d@& in the Apraamant shat a used herwn as eo dolne mo as a. Antsndanenk t+arapneplt�c.a.d the Aprasnberq is ne,eey tttbleted in Ne entiirsq�and rsshotpo b n�as tbNowp: 'Fraud t.ol�ss wr41 not!a tladucled ttom+�baatt.plvYidad that YM Cfiatl ettw Wtmedatsy„may ttba Beall by phone of my Aoeoun( roar ftb Me Mm*WON$or s q**his hurt 1sst,s DW-mieappro Aftd,ftropmy used,or oompromi ja The MM ehw not be vwd for tiatrdtdsnt tratheacGon(s)roads en an ACt Dort by PwMM*ow pun antpayses or NOVAS Oft orient and the CMent's vendors,provided that(l)the Client or Ctlydtlolder fats Jntrtlpdttkly rtotMFstt the Barb% apeettred in the pr9vl0us Serb_ oo;(N) naluler the Cti�tar M1t:CaeWlolder has reoehred erg+din9td or ltdiect bsnefit kont eudr f►audtrlprK Trar,�p�*� has bean apt up an4 opartbted d1r the gent to amorresrroe+uAh the tbytk's Asrad raduotlon best pasvow as 4"ip tsd by un Bar* then Nrne to Ilene(tndu"but no(trnNed b bbd"hi pd*moos;psyntst b ttw erolh by the dlsat mow than Ctbdltptdera for approved a�srbses;B++SrtD rmeh s4trancat:;adtlrrkrp tp hnsoclon,may,uWaychimits tedebdstted by ft Banks(M the CNSnt matrblalns reppCnable se�urMy P Nona and aortsrots Iwpllfafl((ute disslntk"W.use and atorapa CFCs*awd baneeogort dptew and(v�!lw t:iertt rtdaNtn the ear*ra later than Isn(ib}txsirrosa:days aNer the tlaie a t�apsr ar slsa@orbic seemrr+M I In~the ira<atedsnt Twmacsgon(s)Sd ep,psared rtes rtes!made evaNshle 10 In COw t.In ttbe erect Qte Mat doss not adopt the Maud redutdi0n beet praettoes but rrat n�tdlsd b those dsalgrwled iK ttels seGfon,as eesigraMd by the Bm* trout time to ttrrta,wMFlat�o t�uslrtesa�of bentB sa notified In rttlllrtd by errs Bar�ir,the c.Yont wlp b�iebta tar any batadutsr>t TrmnmWm on ON Ae Mwg pdw b dw tkne ft Cram noWw the Bar&. 3. Antendw*OL E*W A Is hereby MAW In XswgolyWW pephlaed N fUM MMh a r4w Uft A as atmdW hpbelb. Ate' Tft AqrGeoWq iB hweby modod tD,n rperab a nerr'r;r ft a e 'g Uri Ap0=0 Addendran'as atttttdted hsratn. 5• Mb a"Aff""t 3ataon t t of ft Apras wlt 7aemha6w,is hpaby amatdad 10 add Sedbn t t.C,whidr shw taati w bkws: "in clarl the awant 60 roods or ieklkWu Ams are gppaop WW by qa Ctlsrt h arty Meal period for ��wan nrceivaO�rrYhot ApretprrterR thaN ttrnntt on use lest defy of be I**petted fhr vwgd Or abgtsrtae b ihs CRant of any kW wnablpM,MEOW as%the portions of the aWwd UPaen fOr whidr flee&hm boon 4iDpr4grlok0.' R. C*GNMRW Effect. Exospt b the g►dartt amsrtded hereby.d W=,omvisim and omrdplone or ttn Agreasresre.an it may new bss, rhos eo Nnee,ShW ca tua h Rd faros and add and trio Agremtant do nUPINW w torrasbte and bWkT in aconrdence 7 Aermatt may be erta+log to outer t o �'�' fit.Taxat:Qoventrnent Code ltl►s"Ad%the uar of ABr.6ntsrlt may be aeeter>,tsd to NabFbapr0lN oovanh+anls and wRt""410 of ttw.sswte As desonbed in the/let. AdduomoV,the ins BtinMt,in its sole dtperauon,steal have theme�ts��gt glsd's dtscretlon. nbtleratlsftpatdkg hq r9. oplbn tc 8wwe ate parlpips*n of arty b}ar�(w+sorer detb,d herriat under tore A~m rt Eaoh parudpent alorbaei by era a"to attW WVk ore under this Apres mm sow do so lndepa,d♦ot of any Dula!' Eadt Partietppnt tthsil bs fabponsibls for Ns awn ohigetbne�„ „Or this Agrssmer>R The Ep*span not ba?fable to tits L pint tar paynwny hartlurder Or afire&r W dup to any fpNues to WM any Card or es1 a1101 any Awwx t for a pwti*= . out ehsbl scot Ce NeMbte for any trarmcftw,pe7mertt atf fees,ar any Deter dAp om of arty ft**"*under this Agmwa,t. R, Coin �Aq May tea VNNX d bt any"umbw d co Kowprart%all of wf title%"M W*m iopether shat!osnsdfule one hereto rutty ewoute the;Arnsn fwg&I ei4ninQ"Of such counts oo is IN WMM=WHEW.M,dW Bonk and tha O M hwa COMW ft AM&Uknant b to a QMW by raSpect�e sun�orFned aAisars d ow dFr ww doe W.me,above 001001"CMAS9 BAM K,MA CITY OF FORT WORTH,TEXAS Nonce. .L F1RE T. TRAUTH Nw. 1t€ar n L, a /G' VICE P TMO' rpe Aaaistant City manager chant: NO M&r Ttw aid ,a A autl*mM wd o or tlatassrMiv�a of tha plant,eo.s neM4yr�that 00 cunt ho trm d* y tQ GnW lobo and perform ttYa Nnandment and That to ve�eon atpre�p ■on bat�alf of ara 013M weroaa saes MM d awe Aerslnglm%wea phi Ow+rdwsWad, is as o111asr, parWW' Irs"bar or other nrprr;aerdattve of 00 dram poeuae M Moo b OMM� Blame: roe Note: The per:w ft"the at6e WMW ehraii ba samww diBefarlt from the o.., soft gW a on bo a of ft t%ft APPROVED AS TO FORK AND LEGALITY By blame: Ileshia Farmer Title: Assistant Ity Attmey P&ady laWfi&City F go �i+Zds9 EXHIBIT A INCENTIVES AND FEES 'ntsene ether moomcord w Vi". ep 'means the mmdw of days befit Ore tr:uwactlon poe6rq drle aro tlut posling dabs of payrrlerM;n ,ovaaped over thr mbft rilarddon a paws. Cdau�ripn d Lsrpe Tfdret rratatxlon Vetlsna. L8W Ticket Tf&MPCW V*kvm 111" d by ft loW number d banswf w hdtxm in so Saltl4mept Tann4. ° fne AvwW FkWm minus hW the n mbrr d cows r days n ft "cycle, as sprai ied in tln �� U wimx � a ON*OwO r 6d Card.net d mkr�ns,4m�dy�Lade rod� A®oobfbn rrdae. afltl My bar 01M ilk d0 nrK Apr p under appflm* TAM MEW4 Charya Vokrne and f3lr*um chm"VFikm. " YW Tww a l2grm dh parted bepfnnkrp an August 31~d aaeh yw ar my r"verary of surd,dple, TMAJAMU'Mms dl amounts 4ue to Bank in aarrrraction vAh any A60sur f dwt 80nk hu w ift o(1 as m cpsseabte,ell Uft Fmnd Lamm?M"MM mans Y riciWO due to 8sfdt n 90MMnorf YM ab AcMW that Bonk tats weftOBrt dr a4 ur agodUe ae a result at a acrd bainp lost.**I,m appraprfawrd,implpperfy.uapd ar aampmmiad. mearre a ranasr tfon thsit thr Asaodakene hm ddamkm ft effplbfa for a►Mtge Tbd PAft r"IMMU Mh 0"L means lobes U.S.dOw f„oW Ti*d Tran.4rifons male on a Ranh OMVWARW CgK rW of means and aPA m Dues#ftm&^traudplsrd and any bans dkm tfist da nd"W fbr k*NWdna4 undo %QUW meMls ap CMWR LCrrsas and FmA Lamm Beam under the Aat arfd tMt fisw tlran a l4 m C*Or RA end WW TOM WAft eftb 4 afpibb to para#oo in me vragra, MMW'ffdw ft CIW ar a Tmrae puhlfs w ft and w4d by ur4 Lwnk top I Malpare under wo CanurdwoW Cad pUMhmk and ako Maw C(""P&hdPoom Araen+�t)or urdw 1*r aifw ft �oMt, by ft sm�a n the thrnr as ahrldled hurep4 as ' aft Tftmli'.N Mls IM"NO Wimr of*4 number d awm dM days In a bMft"aw a+e number ar aswlxhr days &ids to ft dale the payment Is dw. SOON arq Tarns ere 1,piss as X fff Y,when►X lo to nunroK d cdardsr drys In th4 tAlNrg osCfa and Y ili the nlrnb4r Or C91rVW days falowinp ft end a($Mg rj*to the dm*the rryrnent is dui Ow"tolat U.S,dadar c WIN made aR$1►irt W$ingle Use Atx ur4 and in agrxrecUon wflh itw Mroo um "eadu1rrpAssft Ttaneerdtons,ceeh rdvanae4,haudraferrt oh:gee and axey trsfiraatlaass twat doquarpyr nrrarr4 a Cstdaaes l4nnowK used fn aannection wilh a dr+9M►,unique rnrreacuorr. �►AdrY Er i B t IM W f[ta F40:4 and a rabeta b and an Ve aenual Taft P"vlwR t CM 'e CromMned CIO"Vdume adtiwed aoOprGrtd voki "ING W"k& Tha tabafe we be OdKh kd a ate P46Ms RO area 00 w9wW Paru*Wj rospeo W Combined Chomp NOM: In Veer'f of that Apraward(ftir 010—Q/9Q►�Qf 1 j,BV*lg rataMr Ch@W Vahtrao of$S00.000,OW wtd pay at#*.Oft and f.80lfi WHO*Nab based en dw ftdcd erxy aerant araatal rd=M rw eanh yew tttal�llell,to pp ,yryr re6ebe Mr1N be paid par the �d WOW, `Cenrblrr*d a" Caeprtrran CAM VebaM $!ltl0tt.i1111f SIM ar Srwre tJndar a f i. i75 tloD 1-am d. f • f,af+li agar Parltatpaet 06 be*10 SCOM an to&*day of to rnerdtr fetl*wMg Me do%flte Pare t�atdc Pay vo at a shape bred an are WWWW gb"Un t hMp VplYrtla atd#&md as 6XIcated below. The weele we bo calotrded as the kdladod ibaballr t�detee the wa o gMp UK CM"VdLM. If Partidpent sdib ae 51,000,000-110;000.1100 to Sh*Uaa Cto"Vawft ate retsale rats is t.U% 11PS04witsilloo►es ftela IAW MOP vbkane pnteter Ut m$10,Co,OpQ,Half roo rate la in som mum wab the rabeii prtd obam WM: PWWW*WM SMOe Um Ac xu*ChOW vokrns tees ow 51,GO0,000 wtb not be ko rrmacL The tt.rk wN py►6",�lwlt an oddtiorW rebate beeed on ie Attarape paynte,x Tom V*yaw,if,en ava rape.payment fbr do prior partod 0x1 tf0.01% tt t. day f drm Uan grate end Itrwt r.gtiRO wxW ft W"aF ate/tWMwa s,an Awarop Payment Tenn eecaWOr d 0.0116�A,a day of eedy r>a>"+r�wN be ttsrrtea. watt prvml tr ww d t rider 510 mom anrtretly,eta wavo np"aok+dm wa be komw*d Padieiprrite tMtlt*hraraf aReral of iip na7ktn or sbotw ran aaleet the 1&*3 F*.'wgNet spar pin ar wwooft p�4 pf S9 Bank wAl bp�po an i VWW Mb*baled d1 WAW Awxsp@ Larne Trdad Tlaneet0on S O and OftW Urpo Tieleet Trap jj vekeni p GdNWUis.when ill$r@W nu, @ enrelAt Cernbbed Hbkm H-wiotd rs4Wnmsnpo irs aefitrrrad. 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RECOMMENDATION Administration recommends authorizing the City Manager to execute a three (3)year Lease Agreement with Weingarten Realty(Landlord), for the use of property located at 4890 Dowlen Road. BACKGROUND The Beaumont Public Health Department's Women, Infants, and Children(WIC)program is currently operating its satellite office at 5550 Eastex Freeway, Suite EE, on a month-to-month basis. WIC would like to relocate to 4890 Dowlen Road, located in the Target Shopping Center, in order to accommodate increased participation and to offer clients an improved clinic space and location. The move would take place within sixty(60) days of notice of termination to the current Landlord. The facility at 4890 Dowlen Road is approximately 2,425 square feet and is in move-in condition. The proposed rent rate is $2,909.48 per month, or $1.19 per square foot. The Landlord will maintain the major building components, such as the roof and foundation, exterior doors and walls, electrical and plumbing systems, and major components of the heating and air conditioning systems. Also, water and garbage service is included in the rent payment. The City will be responsible for minor miscellaneous repairs and painting, minor plumbing repairs, air conditioner filters, and telephone and electricity services. The three year lease will begin on approximately March 1, 2011 and expire February 28, 2014, with an option to renew for one (1) additional three (3) year term. Ingrid Holmes, Public Health Director, approves of the proposed move and new lease. The Texas Department of State Health Services, who provides funding for this program, has granted I Agenda Item - WIC Relocation and Lease Page 2 January 11, 2011 approval for the relocation and the proposed new lease. A copy of the proposed lease in its substantial form is attached for your review. BUDGETARYIMPACT Expenditures for this lease are reimbursed by the Bureau of Nutrition Services through the State of Texas Department of Health WIC program. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a three (3) year lease agreement with Weingarten Realty (Landlord)for property located at 4890 Dowlen Road, Beaumont, Texas, for a proposed expenditure of$2,909.48 per month for the Women's, Infants and Children (WIC) satellite office. The lease agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - 2008SF-NPR-TX EWS/svj/AB T-17426 06/08/10 07/07/l0 10/27/10 11/05/10 11/09/10 LEASE CONTRACT THIS LEASE CONTRACT entered into by and between "Landlord" and "Tenant" on this the day of ,2010,in accordance with the terms and conditions hereinafter set forth. WITNESSETH: ARTICLE I.BASIC PROVISIONS AND CERTAIN DEFINED TERMS When used herein,the following terms shall have the indicated meanings: 1. "LANDLORD":Eastex Venture "NOTICE ADDRESS":P.O.Box 924133,Houston,TX 77292-4133,Attn:General Counsel 2. "TENANT": City of Beaumont "TENANT'S TRADE NAME"(d/b/a):Public Health Department;Women,Children's and Infants(WIC)Program "NOTICE ADDRESS": City ofBeaumont,Attu:City Manager,P.O.Box 3827,Beaumont,TX 77704-3827 3. "GUARANTOR":None 4. "LEASED PREMISES": Approximately 2,425 square feet constituting part of the Shopping Center as shown on Exhibit "A" 5. LEASE TERM: "COMMENCEMENT DATE": Earlier of:(i)45 days after tender of possession of the Leased Premises to Tenant,or (ii)the date upon which Tenant opens for business in the Leased Premises. "TERMINATION DATE": Last day of the 36th full calendar month after the Commencement Date. 6. "MINIMUM RENT":$2,909.48 per month 7. "PERCENTAGE RENT": N/A S. "PERMITTED USE": For general office and distribution purposes for the women, infant,children supplemental food program and for no other purpose.Under no circumstance shall Tenant utilize the Leased Premises for a medical or dental clinic or offer medical or dental treatment or dispense drugs or other pharmaceutical products(prescription or otherwise) from the Leased Premises. 9. PREPAID RENT: Tenant shall pay $2,909.48 upon Lease execution, which shall be applied to the first month's Minimum Rent. THE SUBMISSION OF THIS LEASE FOR EXAMINATION BY TENANT AND/OR EXECUTION THEREOF BY TENANT DOES NOT CONSTITUTE A RESERVATION OF OR OPTION FOR THE LEASED PREMISES AND THIS LEASE SHALL BECOME EFFECTIVE ONLY UPON EXECUTION BY ALL PARTIES HERETO AND DELIVERY OF A FULLY EXECUTED COUNTERPART HEREOF BY LANDLORD TO TENANT. EXHIBIT "A" 2008SF-NPR-TX ARTICLE II-PREMISES SECTION 2.01. Landlord hereby leases to Tenant,and Tenant hereby leases from Landlord the Leased Premises which shall be a portion of a building situated or to be situated substantially in the location identified as the Leased Premises on Exhibit "A",attached hereto and made a part hereof for all purposes,such building to be constructed or being constructed on part of the tract of property described in Exhibit"B",attached hereto and made a part hereof for all purposes. The land described in Exhibit "B" (as may be reduced or increased from time to time)and any existing and/or future buildings,parking area, sidewalks,service areas or other improvements now existing or hereafter erected thereon are sometimes herein referred to as the"Shopping Center". Landlord reserves the right to place under or over the Leased Premises pipes,wires and lines serving other areas of the Shopping Center provided such right is exercised in a manner which does not unreasonably interfere with Tenant's business. SECTION 2.02.hi determining the floor area of the Leased Premises,distances shall be measured from the exterior face of all exterior walls and the center of all partition walls,which separate the Leased Premises from any interior area. Walls separating the Leased Premises from a mall and corridor walls shall be deemed to be exterior walls ofthe Leased Premises. SECTION 2.03. The Leased Premises shall be constructed in accordance with the Construction Rider attached hereto and incorporated by reference herein for all purposes. ARTICLE III-TERM SECTION 3.01. The term of this Lease(the"Lease Term's shall commence on the Commencement Date and shall terminate on the Termination Date,unless sooner terminated in accordance with the terms and conditions hereinafter set forth. At the request of Landlord from time to time made, Tenant will execute one or more memoranda or letters stating the commencement and termination dates of the Lease. Notwithstanding anything contained herein to the contrary,Landlord and Tenant hereby agree and understand that funds for the Leased Premises and the Permitted Use are approved by the State of Texas. The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end of the current State of Texas fiscal year will be subj ect to budget approval. Tenant may cancel this Lease upon thirty (3 0)days'written notice to Landlord,if appropriate fiords are not approved for the following fiscal year. SECTION 3.02. Notwithstanding the fact that the Lease Term will commence at a date subsequent to the execution of this instrument by Landlord and Tenant,such parties intend that each shall have vexed rights immediately upon the signing of this instrument and that this instrument shall be fully binding and in full force and effect from and after execution hereof by Landlord and Tenant. SECTION 3.03. The term"Lease Year"shall,in the case of the first Lease Year,mean the period which commences with the Commencement Date and terminates on the last day of the twelfth(12th)full calendar month after the Commencement Date. If a Minimum Rent Commencement Date is provided in Article L6.hereof,then the first Lease Year shall be the period which commences on the Commencement Date and terminates on the last day of the twelfth(12th)full calendar month after the Minimum Rent Commencement Date. If the Commencement Date is not the first day of a calendar month,the first Lease Year shall include the partial month,if any,at the beginning of the Lease Term. Each subsequent Lease Year shall mean a period of twelve(12)full calendar months commencing with the date following the last day of the first Lease Year,and commencing with each subsequent annual anniversary of such day. The last Lease Year of the Lease Term shall be the period which commences on the day immediately following the last day of the preceding Lease Year and terminates on the last day of the Lease Term. Accordingly,such last Lease Year may be less than twelve(12)full calendar months. SECTION 3.04. Landlord covenants that Tenant,upon paying all Minimum Rent and other charges due under this Lease and performing and observing all of the other terms and conditions of this Lease to be performed or observed by Tenant,shall peacefully and quietly have,hold and enjoy the Leased Premises and the appurtenances thereto throughout the Lease Term without hindrance,ejection or molestation by Landlord. ARTICLE IV-RENTAL SECTION 4.01. Tenant covenants and agrees to pay to Landlord the Minimum Rent in Houston,Harris County,Texas,at P.O.Box 924133,Houston,TX 77292-4133,or at such other address as Landlord may from time to time designate in writing. Payments made to a lockbox are not reviewed or read,and any written statements or notices addressed to the lock box or written on a check deposited in a lockbox are not binding or enforceable upon Landlord. All Minimum Rent payments shall be made on the first day of each calendar month,monthly in advance,for each and every month during the Lease Term. Upon the Commencement Date,Minimum Rent shall be payable for the first full calendar month of the Lease Term;but if the Lease Term does not commence on the first day of a calendar month,a pro rata part of Minimum Rent shall be payable for such partial month. Any prepaid or advance rental actually paid by Tenant shall be applied toward all amounts due under this Lease as the same accrue. SECTION 4.02. Intentionally Omitted. SECTION 4.03. All rent and other sums hereunder provided to be paid by Tenant shall be due and payable by Tenant, subject to any lawful offset,deduction or credit to which Tenant may be entitled. Minimum Rent and other payments which are more than ten(10)days past due shall bear interest as provided for by§2251 of the Texas Government Code. All sums and charges of whatsoever nature required to be paid by Tenant pursuant to the terms of this Lease constitute additional rent and failure by Tenant to timely pay any amount due hereunder may be treated by Landlord as a failure by Tenant to pay Minimum Rent. SECTION 4.04. The relation created by this lease is that of landlord and tenant. No provision of this Lease shall be construed to create a joint venture,partnership,or other business association between Landlord and Tenant. In no event shall Tenant be the agent of Landlord nor shall Landlord be liable for the debts of Tenant. 2 2008SF-NPR-TX ARTICLE V—UTILITIES SECTION 5.01. Landlord will provide water and sanitary sewer service to the Leased Premises,and the cost to provide same has been included in Minimum Rent As such,no separate charge shall be payable by Tenant with respect to water and sanitary sewer service to the Leased Premises. Commencing upon tender of possession of the Leased Premises to Tenant, Tenant will at its own cost and expense pay for all other utilities used in the Leased Premises and will save and hold Landlord harmless from any charge or liability for same. Payments shall be made directly to the suppliers of such utilities. SECTION 5.02. Interruptions or malfunctions of any utility services shall not constitute an eviction or disturbance of Tenant's use or possession of the Leased Premises or a breach by Landlord of any of Landlord's obligations hereunder or render Landlord liable for any damages or entitle Tenant to be relieved from any of Tenant's obligations hereunder or grant Tenant any right of off-set or recoupment,except that in the event any utility service to the Leased Premises is intemupted due to the negligence of Landlord,or Landlord's employees,agents or contractors,and,as a result,Tenant is unable to and does not, conduct business in the Leased Premises, and if such interruption continues for a period of twenty-four (24) consecutive hours or more after Tenant notifies Landlord of such interruption,then commencing upon the date the twenty- fourth(24`)hour of continuous interruption occurs and continuing through the date prior to the date the interrupted service is restored,Minimum Rent and Additional Rent shall be abated based upon the number of days of continuous interruption as compared to the total number of days in the applicable calendar month. Such abatement shall be Tenant's sole and exclusive remedy arising out of any interruption of utility services due to Landlord's negligence or the negligence of Landlord's employees,agents or contractors. ARTICLE VI-USE SECTION 6.01. Tenant will use the Leased Premises solely for the Permitted Use. Tenant will not use or permit use of the Leased Premises for any other purpose without the prior written consent of Landlord,which may be withheld by Landlord in its sole and absolute discretion. The Leased Premises shall be advertised as and operated under Tenant's Trade Name. Tenant will comply with such reasonable regulations as Landlord may promulgate regarding sanitation,cleanliness and other matters at the Leased Premises or within the Shopping Center,including without limitation removal of garbage, trash and other waste. Tenant will not conduct any auction or bankruptcy or fire or"lost-our-lease" or "going-out-of-business" or similar sale or make any unlawful use of the Leased Premises or permit any unlawful use thereof. SECTION 6.02. Landlord hereby agrees to contract for the supplying of a"dumpster"for Tenant's use. Tenant shall place all of its trash from the normal operation of its business activities at the Leased Premises(excluding construction)into the dumpster container provided by Landlord,and Tenant agrees that no other trash container may be utilized by Tenant outside the Leased Premises. Landlord hereby agrees to contract for a dumpster service which will empty the dumpster on a regular basis. The cost to provide trash removal service has been included in Minimum Rent and as such,no separate charge shall be payable by Tenant ARTICLE VII-COMMON AREA SECTION 7.01. Landlord will provide and maintain a"Common Area'(as hereinafter defined)in the Shopping Center and make necessary repairs thereto and,except when prevented from doing so by causes beyond its control,Landlord will also provide lighting in the parking area in the Shopping Center from dusk until the later of(i)9:30 o'clock P.M.,or(ii)one-half hour after the closing hour of the tenants occupying ninety percent(90%) of the floor area of all stores in the Shopping Center. Tenant,its employees,customers and invitees shall have the non-exclusive use,along with others,of the Common Area. Landlord shall have the right,from time to time,to change the arrangement,layout and/or size of the Common Area, and designate employee parking spaces and tenant truck loading zones,and to do and perform such other acts in the Common Area as Landlord shall,in its good faith judgment,determine to be advisable. Landlord shall have the right,from time to time,to establish,modify and enforce rules and regulations with respect to the Common Area For purposes of this Lease, the phrase"Common Area"means all or any part of the Shopping Center not leased or rented or held by Landlord for the purposes of being leased or rented to other tenants as may from time to time be designated or treated by Landlord as part of the Common Area. Nothing in this Article or elsewhere in this Lease shall be construed as constituting the Common Area,or any part thereof, as part of the Leased Premises. Nothing contained in this Lease shall require or obligate Landlord to provide security services in all or any portion of the Shopping Center. To the extent Tenant deems it necessary or prudent to provide security services in the Leased Premises Tenant shall have the right to provide such services at Tenant's sole cost SECTION 7.02. Tenant will at all times keep all merchandise and displays within the Leased Premises. ARTICLE VIII-ASSIGNMENT AND SUBLETTING SECTION 8.01. Notwithstanding any provision herein to the contrary,Tenant agrees not to assign or in any manner transfer this Lease without the prior written consent of Landlord,which consent shall not be unreasonably withheld. Without limiting any other reasonable basis for withholding consent,it shall not be unreasonable for Landlord to withhold its consent if:(i)an "Event of Defaulf' (as hereinafter defined)has occurred; (ii)the use of the Leased Premises would not comply with the provisions of this Lease;,or(iii) in Landlord's reasonable judgment,the proposed transferee does not have the financial capability to perform the obligations of Tenant under this Lease with respect to the Leased Premises which are the subject of the Assignment or Sublease. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law. Landlord shall have the right to charge a reasonable fee for review and approval of any assignment. SECTION 8.02. If Tenant is a corporation, then any transfer of this Lease from Tenant by merger, consolidation or dissolution or any change in ownership or power to vote a majority of the voting stock in Tenant outstanding at the time of execution of this Lease(or at any future time)shall constitute an assignment for the purpose of this Lease. For purposes of this Section 8.02,the term"voting stock"shall refer to shares of stock regularly entitled to vote for the election of directors of the corporation involved. 3 2008SF-NPR-TX SECTION 8.03. If this Lease is assigned or if the Leased Premises is subleased(whether in whole or in part)or in the event of the mortgage,pledge or hypothecation of the leasehold interest or grant of any concession or license within the Leased Premises or if the Leased Premises is occupied in whole or in part by anyone other than Tenant,Landlord may nevertheless collect all Minimum Rent and other amounts due under this Lease from the assignee,sublessee,mortgagee,pledgee,party to whom the leasehold interest was hypothecated,concessionee or licensee or other occupant and apply the net amount collected to the amounts payable hereunder,but no such transaction or collection or application thereof by Landlord shall be deemed a waiver of the provisions of this Article or a release of Tenant from the performance by Tenant of its covenants,duties and obligations hereunder. ARTICLE Df-REPAIR AND MAINTENANCE SECTION 9.01. Landlord will repair and maintain only the following portions of the Leased Premises:roof(exclusive of flashing around the rooftop air conditioning unit); structural portions of the Leased Premises (consisting only of the foundation and members supporting the roof);and utility lines located outside the boundaries of the Leased Premises that serve other premises in common with the Leased Premises. If,however,damage to any of the foregoing is caused by the acts or omissions of Tenant,its agents,contractors, employees,customers or invitees,or any burglar,vandal,or unauthorized entrant,then notwithstanding the provisions of Article XI,Tenant shall bear the cost of such repairs to the extent the cost of such repairs is not paid to Landlord from insurance proceeds received by Landlord pursuant to casualty insurance referenced in Section 12.04 of the Lease. Tenant shall give Landlord written notice of any repair required to be made by Landlord. SECTION 9.02.A. Except as otherwise provided in Section 9.02.13 below,all maintenance,repair and replacements other than those required to be made by Landlord in Section 9.01 or Article XI will be made by Tenant at Tenant's cost and expense. Tenant shall not make or permit any penetration in the roof above the Leased Premises and shall be responsible for all rooftop flashing around the rooftop air conditioning unit If any such roof penetration is required in connection with Tenant's repair responsibilities,Landlord shall perform such roof penetration at Tenant's cost,which shall be paid within thirty (30) days after receipt of an invoice. If Landlord reasonably considers necessary any repairs, maintenance or replacements required to be performed by Tenant,under this Lease,and if Tenant refuses or neglects to perform same after reasonable notice(except in the event of an emergency,when no prior notice shall be required),Landlord shall have the right (but no obligation),to perform such repair,maintenance or replacement and Tenant will pay the cost thereof on demand. Tenant shall be responsible for maintenance and repairs of plumbing and electrical systems up to the sum of One Thousand Dollars($1,000)for each repair item. If Tenant determines that any single maintenance item will exceed One Thousand Dollars($1,000),Tenant will notify Landlord and obtain Landlord's prior written consent to the performance of such repairs, including scope of work and cost Upon completion of such repairs,Landlord will pay Tenant's contractor the reasonably documented cost of such repair. Notwithstanding the foregoing,if and to the extent any item of maintenance or repair to the plumbing and electrical systems is caused by the negligence or intentional act of Tenant's employees,agents or invitees, Tenant will be solely responsible for performing such repairs and for the entire cost of such repairs to the extent the cost of such repairs is not paid to Landlord from insurance proceeds received by Landlord pursuant to casualty insurance referenced in Section 12.04 of the Lease. SECTION 9.02.1. On or before the Commencement Date of this Lease, Tenant shall enter into a maintenance contract ("Contract") with an air conditioning maintenance contractor ("HVAC Contractor") approved by Landlord for the maintenance and service of the HVAC system. Such Contract shall provide for maintenance of the HVAC system not less than uarterl Y and Tenant's building staff shall change the air filters not less than monthly. Notwithstanding the remaining 9 provisions of this Section 9.02$.,if the filters on the HVAC are not changed on a monthly basis,and repairs,maintenance, or additional repairs or maintenance are required to the HVAC because of the failure to change the filters,Tenant will bear the entire cost of such repair or maintenance.Tenant shall be responsible for the total cost of the basic charge of the Contract and,during the Lease Term,the cost of the maintenance and repairs to the HVAC mechanical system up to the sum of One Thousand Dollars($1,000.00)for each item of repair. For the Lease Term only,in the event the cost of any single item of maintenance and repair to the HVAC mechanical system is greater than One Thousand Dollars($1,000.00)(exclusive of the basic charge of the Contract per calendar year),Landlord's prior written approval(which will not be unreasonably withheld) of any such repair must be obtained prior to any such repair being performed,and provided that Landlord's consent has been obtained,then Landlord agrees to pay the HVAC Contractor such amount in excess of One Thousand Dollars($1,000.00) within thirty(30)days after receipt of an invoice therefor. In the event Landlord,in its sole discretion,elects to replace at its sole cost any or all of the HVAC mechanical units, Landlord shall have no further liability with respect to the cost of maintenance and/or repair of that portion of the HVAC mechanical system so replaced. In such event,Tenant shall thereafter have total responsibility for the maintenance,repair and replacement in accordance with Section 9.02.A above. SECTION 9.03. Tenant will maintain the Leased Premises in a clean,attractive condition and in good repair,and shall keep adjacent sidewalks clean. Upon termination of this Lease,Tenant will surrender the Leased Premises to Landlord broom- clean and in the same condition in which they existed at the commencement of this Lease,excepting only ordinary wear and tear,damage arising from acts of God,and any damage required hereunder to be repaired by Landlord and shall deliver to Landlord all keys to the Leased Premises. Tenant shall not be required to remove any improvement(s)made to the Leased Premises which were approved by Landlord. SECTION 9.04. Landlord will have a right to enter the Leased Premises during Tenant's normal business hours to inspect the condition thereof. Except for emergencies,Landlord shall give at least three(3)days notice to Tenant's store manager before entering the Leased Premises to make repairs for which Landlord is responsible hereunder. In case of an emergency, Landlord shall have the right to enter the Leased Premises at any time but must give oral notice to the party designated by Tenant In any instance where Landlord enters the Leased Premises for the purpose of making repairs,Landlord will use reasonable efforts not to interfere with Tenant's business operations. SECTION 9.05. Should any mechanic's liens or other liens or affidavits claiming liens be filed against the Leased Premises or the Shopping Center arising out of the acts or omissions of Tenant,its agents or contractors,Tenant shall cause the same to be cancelled and discharged of record by payment,bonding or otherwise,within thirty(30)days after Tenant receives notice of same. 4 2008 SF-NPR-TX ARTICLE X-ADDITIONS AND FIXTURES SECTION 10.01. In no event shall Tenant make any exterior or structural alteration or addition to the Leased Premises. Tenant shall have the right to make cosmetic changes and to redecorate the Premises without the prior written consent of Landlord so long as the following conditions are met: (i)the proposed redecorating does not affect Tenant's storefront, Tenant's storefront sign,or the roof,foundation,or structural supports of the building of which the Premises is a part;and(ii) the total cost of all work involved does not exceed an amount equal to the product often dollars and 00/100 ($10.00) multiplied by the number of square feet in the Leased Premises. Any other alteration or addition to the Leased Premises shall require Landlord's prior written consent. At such time as Tenant requests such consent, Tenant shall submit plans and specifications for such alterations or additions to Landlord and Landlord agrees to respond to such submission within fifteen (15)business days after receipt. Tenant will have the right,at Tenant's sole cost and expense,and for Tenant's sole use,to install,maintain,and operate a small roof mounted satellite dish together with ancillary equipment(the"Satellite Equipment")on the roof over the Leased Premises. The exact location ofthe Satellite Equipment shall be mutually agreed upon between Landlord and Tenant. If any penetration of the roof is required in connection with the installation of the Satellite Equipment, such penetration shall,at Tenant's expense,be performed by a roofing contractor pre-approved in writing by Landlord. The location of the Satellite Equipment and the method of installation utilized by such roofing contractor are also subject to Landlord's prior written approval. Tenant shall not install the Satellite Equipment until it has received Landlord's prior written approval of Tenant's roofing contractor,location of the Satellite Equipment,and the method of installation of the Satellite Equipment.Upon the expiration or early termination of this Lease,Tenant shall remove the Satellite Equipment and repair any damage caused thereby. The Satellite Equipment shall remain the property of Tenant and its installation shall not cause the Satellite Equipment to become a fixture pursuant to this Lease or by operation of law. Tenant's roofing contractor shall take out and maintain Commercial General Liability insurance in a minimum amount of $1,000,000.00 combined single limit. Said liability insurance shall name Landlord as an additional insured with the contractor(and shall contain a cross-liability endorsement)and shall be non-cancellable with respect to Landlord except upon thirty(3 0)days'notice to Landlord(given in the same manner as provided in this Lease)(or,at the request of Landlord,shall be in the form of a separate liability policy in which Landlord alone is the named insured). Tenant's roofing contractor shall also take out and maintain Workers'Compensation and Employers Liability in a minimum amount of$500,000 bodily injury for each accident,$500,000 bodily injury by disease for each employee,and$500,000 bodily injury disease aggregate and provide a waiver of subrogation for the Tenant and Landlord. Certificates of all such insurance shall be delivered by Tenant or its roofing contractor to Landlord prior to Tenant's roofing contractor performing any work. SECTION 10.02. Upon the termination of this Lease or expiration of the Lease Term,Tenant shall remove all"Removable Trade Fixtures"(as hereinafter defined)and,in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: (i)such removal must be made within five(5)days after the termination of this Lease or prior to the expiration of the Lease Term,as applicable;(ii)Tenant must not be in default of any obligation or covenant under this Lease at the time of such removal;and(iii)such removal must be effected without damage to the Leased Premises or the building of which the Leased Premises are a part. Tenant shall promptly repair all damage caused by such removal. For the purposes hereof,the phrase"Removable Trade Fixtures"means the following. all of Tenant's signs,tables,chairs,desks, racks,merchandisers and displayers, standards,wall brackets,hang-rods,shelves,mirrors,marking equipment, computers, cash registers and business machines and equipment. In no event shall Tenant remove from the Leased Premises any component of the HVAC system,any plumbing fixture(s)or lighting fixture(s),or any pipes,paneling,wall covering or floor v covering. All plumbing or electrical wiring connection's exposed as a result of the removal of Tenant's Removal Trade Fixtures,or removal of any other alteration(s),addition(s),fixture(s),equipment or property installed or placed in the Leased Premises shall be capped by Tenant in a safe and workmanlike manner. ARTICLE XI-FIRE AND DESTRUCTION OF PREMISES SECTION 11.01.If at any time during the Lease Term,the Leased Premises or any portion of the Shopping Center should be destroyed or damaged by fire or other casualty, Landlord shall have the election to repair and reconstruct the damaged portion of the Leased Premises and/or the Shopping Center to substantially the condition which existed at the time of Landlord's tender of possession of the Leased Premises to Tenant. Landlord will notify Tenant of its election within sixty (60)days after receipt of written notice from Tenant of such damage or destruction. SECTION 11.02.Notwithstanding anything to the contrary contained herein,in the event the Leased Premises are damaged by fire or other casualty:(f)during the last six(6)months of the Lease Term;(ii)such damage was not caused by one or more acts or omissions of Tenant; and (iii) the damage to the Leased Premises exceeds twenty percent(20%) of the replacement cost of the Leased Premises,then Tenant shall have the right to terminate this Lease upon written notice to Landlord provided Tenant assigns to Landlord Tenant's insurance proceeds related to leasehold improvements. In such event,Tenant shall notify Landlord in writing within thirty(3 0)days after the date of the aforesaid casualty. SECTION 11.03.In any circumstances described above where Landlord elects to repair and restore the Leased Premises,this Lease shall continue in full force and effect,and such repairs will be diligently pursued by Landlord,subject to delays caused by governmental restrictions, strikes, lockouts,shortages of labor or material, acts of God, war or civil commotion,fire, unavoidable casualty,inclement weather,insurance settlement,preparation of plans necessary to obtain a building permit or any cause beyond the control of Landlord(all of the aforesaid causes for delay being herein sometimes referred to as"Force Majeure"). Minimum Rent shall abate proportionately during the period and to the extent that the Leased Premises are unfit for use by Tenant and not actually used by Tenant in the ordinary conduct of its business. ARTICLE XII-LIABILITY AND INDEMNITY ,SECTION 12.01.Liabili : To the extent permitted by law,Landlord is NOT responsible to Tenant or Tenant's employees, patrons,guests,or invitees for any damages,injuries,or losses to person or property caused by: 5 2005 SF-NPR-TX (a) An act, omission, or neglect of: Tenant, Tenant's agent, Tenant's guest, Tenant's employees, Tenant's patrons, Tenant's invitees,or any other tenant on the Property. SECTION 12.02. Indemni : Each party will be responsible for any property damage, personal injury, suits, actions, liabilities,damages,cost of repairs or service to the Leased Premises or Property,or any other loss caused by the negligence or intentional act of that party or that party's employees,patrons,guests,or invitees. SECTION 12.03. A letter on City of Beaumont Legal letterhead will be provided with the following statement: 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 owned by Tenant. All real and personal property are protected by"all-risk"type coverage including flood. Real and personal property owned by Tenant are subject to a$50,000 deductible. SECTION 12.04. Tenant will not be required to procure or maintain insurance coverage for casualty damage to the structure of the Leased Premises. Landlord will maintain insurance on the structure of the Leased Premises_ Landlord will not maintain insurance coverage on or otherwise be responsible for repair, replacement or restoration of Tenant's personal property,equipment,furniture,inventory,or Removable Trade Fixtures. ARTICLE)MI-INTENTIONALLY DELETED ARTICLE XIV—TENANT'S EQUIPMENT SECTION 14.01. Upon the expiration or termination of this Lease,Tenant shall remove from the Leased Premises all furniture, fixtures, equipment, inventory and other property installed or placed or permitted at the Leased Premises by Tenant;however,in no event shall Tenant remove any component of the H VAC system or electrical system,any plumbing fixture,or any pipes,paneling,wall or floor covering,ceiling tiles or lighting fixates. The Leased Premises shall be left weather tight and secure from any unauthorized entrant. ARTICLE XV-DEFAULT,REMEDIES AND DETERMINATION OF DAMAGES SECTION 15.01. Each of the following acts or omissions of Tenant or occurrences shall constitute an"Event of Default": (a) Failure or refusal by Tenant to timely pay Rent or any other sum when due following ten(10)days written notice;or (b) Failure or refusal by Tenant to comply with the obligations of Tenant set forth in Article VI and/or Article VIII of this Lease and such failure or refusal continues for a period often(10)days after written notice thereof to Tenant;or (c) Failure or refusal by Tenant to timely perform or observe any other covenant,duty or obligation of Tenant under this Lease;provided,however,notwithstanding the occurrence of such Event of Default,Landlord shall not be entitled to exercise any of the remedies provided for in this Lease or by law unless such Event of Default continues beyond the expiration of thirty(30)days following notice to Tenant of such Event of Default;however,in the event such other covenant,duty or obligation reasonably requires more than thirty(30)days for the curing thereof such failure to cure shall not be deemed to be an"Event of Default"if Tenant shall have commenced the curing of such failure within such thirty(3 0)day period and having commenced such cuing carries forward the curing thereof to completion with reasonable diligence;or (d) Abandonment or vacating of the Leased Premises or any significant portion thereof;or (e) The entry of a decree or order for relief by a court having jurisdiction over Tenant or any guarantor of Tenant's obligations hereunder in an involuntary case under the federal banlauptcy laws, as now or hereafter constituted,or any other applicable federal or state bankruptcy,insolvency or other similar law,or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of Tenant or any guarantor of Tenants obligations hereunder or for any substantial part of either of said parties'property,or ordering the winding- up or liquidation of either of said parties'affairs. SECTION 15.02. This Lease and the term and estate hereby granted and the demise hereby made are subject to the limitation that if and whenever any Event of Default shall occur,after such notice,if any,as is provided in Section 15.01,Landlord may,at its option,in addition to all other rights and remedies given hereunder or by law or equity,terminate this Lease,in which case Tenant shall immediately surrender possession of the Leased Premises to Landlord. Exercise by Landlord of any one or more remedies granted or otherwise available shall not be deemed to be an acceptance of surrender of the Leased Premises by Tenant,whether by agreement or by operation of law,it being understood that such surrender can be effected only by the written agreement between Landlord and Tenant SECTION 15.03. In the event of any default by Landlord, Tenant's exclusive remedy shall be either: (i) an action for damages;or(ii)an action for specific performance in connection with Landlord's repair responsibilities affecting the Leased Premises,or repair responsibilities affecting the Common Area adjacent to the Leased Premises if as result of Landlord's action(or inaction),Tenant,its employees and customers cannot gain access to or use the Leased Premises during regular business hours. Prior to commencing any legal action Tenant shall give Landlord written notice specifying any alleged default in reasonable detail,and Landlord shall thereupon have a reasonable period of time,but in no event less than thirty (30)days,in which to commence to cure such default. If Landlord fails to commence to cure such default or,having so commenced,thereafter fails to exercise reasonable diligence to complete such curing,Tenant may exercise any remedy set forth in this Section. All obligations of Landlord hereunder will be construed as independent covenants,not conditions;and 6 2008SF-NPR-TX all such obligations will be binding upon Landlord only during the period of its possession of the Shopping Center and not thereafter. ARTICLE XVI-NON-WAIVER SECTION 16.01. Neither Landlord's acceptance of rent or any other sums payable by Tenant hereunder(or any portion thereof),nor failure by Landlord or Tenant to complain of any action,non-action or default of the other shall constitute a waiver as to any breach of any covenant or condition contained herein nor a waiver of any of Landlord's or Tenant's rights hereunder. Waiver by Landlord or Tenant of any right shall not constitute a waiver of any other right or for any prior or subsequent default of the same obligation. No right or remedy of Landlord or Tenant hereunder or covenant, duty or obligation hereunder shall be deemed waived unless such waiver is in writing and signed by the party waiving such right. ARTICLE XVII-EMINENT DOMAIN SECTION 17.01. If there shall be taken during the Lease Term any portion of the Leased Premises,by any authority having the power of eminent domain, then and in that event, the Lease Term shall cease and terminate, and the date of such termination shall be,at Landlord's election,either the date upon which possession shall be tendered to such authority by Landlord or the date upon which possession is taken by such authority. SECTION 17.02. Whether or not any portion of the Leased Premises may be taken by such authority, Landlord may nevertheless elect to terminate this Lease or to continue this Lease in effect in the event any portion of any building in the Shopping Center or more than ten percent(10%)of the Common Area of the Shopping Center be taken by such authority. SECTION 17.03. If a substantial amount of the parking spaces immediately adjacent to the Leased Premises are taken by such authority, Tenant may elect to terminate this Lease_ All sutras awarded or agreed upon between Landlord and the condemning authority for the taking of the fee or the leasehold estate,whether as damages or as compensation,shall be the property of Landlord. Tenant hereby assigns to Landlord all proceeds,whether by way of compensation or damages,for loss of the leasehold interest by reason of such taking. SECTION 17.04. Any amounts specifically awarded or agreed upon by Tenant and the condemning authority for the taking of Tenant's removable trade fixtures and/or the unamortized cost of Tenant's leasehold improvements shall be the property of Tenant. Tenant shall have the right to pursue any separate award from the condemning authority for relocation expenses,loss of business,or other non-real estate related awards;provided any such award does not decrease the amount of the award otherwise due Landlord for the taking of the fee simple interest in the Shopping Center. Landlord shall not be liable to Tenant for any such amounts in connection with such taking. SECTION 17.05. If this Lease should be terminated under any provision of this Article,rental and other sums due and payable by Tenant hereunder shall be payable up to the date that possession is taken by the taking authority,and Landlord will refund to Tenant an equitable portion of any such rental and other sums paid in advance but not yet earned by such date. ARTICLE XVIII-HOLDING OVER SECTION 18.01. If Tenant should remain in possession of the Leased Premises after the expiration of the Lease Term, without the execution of a new lease and with Landlord's consent, Tenant shall be deemed to be occupying the Leased Premises as a tenant from month-to-month,subject to all the covenants and obligations of this Lease,except that as liquidated damages by reason of such holding over,the monthly amounts payable by Tenant under this Lease shall be increased to one hundred twenty-five percent(125%)of the monthly amounts payable is the last month of the Lease Term. Such month-to- month 30 days notice to the other. Any rent due after notice has been month tenancy maybe terminated by either party p thirty( ) y prorated for an partial month of holdover. If Tenant tenders rent pursuant calculated according to this Section y p given is to be g P gt and Landlord accepts such payment,the acceptance of such payment will not operate as a formula in this Section P Ym to the form , P waiver by Landlord of the notice of termination,unless such waiver is in writing and signed by Landlord. Notwithstanding anything to the contrary contained in this Section,in the event the term of this Lease has expired and provided that Landlord and Tenant have entered into good faith negotiations to renew or extend the term of the Lease,Tenant shall not be deemed on a month-to-month tenancy so long as the negotiation of any such renewal or extension is concluded within sixty(60)days following such expiration of the term of this Lease. ARTICLE XIX-LANDLORD'S MORTGAGEE SECTION 19.01. Tenant agrees that its interest under this Lease shall be subordinate to any mortgage, deed of trust or similar device now or hereafter placed upon the Leased Premises or all or any portion of the Shopping Center by Landlord if the mortgagee or beneficiary under said deed of trust or lender for whose benefit any other security device is created so elects, and, upon notice to Tenant of such election, Tenant will execute any instruments required to evidence such subordination. SECTION 19.02. Landlord and Tenant shall execute and deliver to each other,at such time or times as either Landlord or Tenant may request,a certificate stating:(i)whether or not the Lease is in full force and effect;(ii)whether or not the Lease has been modified or amended in any respect,and submitting copies of such modifications or amendments, if any; (iii) whether or not there are any existing defaults under this Lease to the knowledge of the parry executing the certificate,and specifying the nature of such defaults,if any;and(iv)such other information as may be reasonably requested. The aforesaid certificate(s)shall be delivered to Landlord or Tenant,as the case may be,promptly upon receipt of a written request therefor, but in no event more than ten(10)days following receipt of such request ARTICLE XX—Intentionally Deleted. ARTICLE XXI-NOTICE SECTION 21.01. Any notice which may or shall be given under the terms of this Lease shall be in writing and sent to the Notice Address of either Landlord or Tenant,by national courier service or certified mail. For purposes of the calculation of 7 2008SF-NPR-TX various time periods referred to herein,notice delivered by national courier service shall be deemed received when delivered to the recipient's Notice Address and notice delivered by certified mail shall be deemed received when delivered to the recipient's Notice Address upon the earlier to occur of:(i)actual receipt as indicated on the signed return receipt;(ii)the date of first attempted delivery;or(iii)three(3)days after posting as herein provided. Any written notice actually received by the addressee,shall constitute sufficient notice for all purposes under this Lease regardless of the delivery method. ARTICLE XXII-TENANT'S SIGNS SECTION 22.01. Tenant shall be responsible for the costs and installation of a building fascia sign and a sign under the canopy of the building of which the Leased Premises are a part. Sign plans shall be prepared by Tenant in accordance with the sign criteria of the Shopping Center and submitted to Landlord for Landlord's prior written approval. Except as approved by Landlord in writing,no sign,placard or advertisement,or exterior or interior window sign,placard or advertisement shall be painted,erected or displayed on the storefront of windows of the Leased Premises and no awnings shall be erected on the Leased Premises. Tenant shall cause Tenant's exterior sign to be placed on a time clock and photoelectric cell device such that the electricity illuminating such sign shall keep Tenant's electric signs on from dusk until 11:00 o'clock P.M.,every day during the Lease Term. ARTICLE XXIII—TENANT'S BANKRUPTCY SECTION 23.01. This is a lease of real property in a"shopping center"within the meaning of Section 365(b)(3)of the Bankruptcy Code. Notwithstanding anything in this Lease to the contrary,all amounts payable by Tenant to or on behalf of Landlord under this Lease,whether or not expressly denominated as"rent",shall constitute"rent"for the purposes of Section 502(b)(7)ofthe Bankruptcy Code. ARTICLE XXIV-TERMINOLOGY AND MISCELLANEOUS SECTION 24.01. With respect to terminology in this Lease,each number(singular or plural)shall include all numbers,and each gender(male,female or neuter)shall include all genders. If any provision of this Lease shall ever be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the Lease, but such other provisions shall continue in full force and effect. The titles of the Articles in this Lease shall have no effect and shall neither limit nor amplify the provisions of the Lease itself. This Lease shall be binding upon and shall accrue to the benefit of Landlord,its successors and assigns- SECTION 24.02. In all instances where either Landlord or Tenant is required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period,it is understood that time is of the essence. SECTION 24.03. Neither Landlord nor Tenant shall ever be liable hereunder for consequential or special damages. All liability of Landlord for damages arising under this Lease may be satisfied only out of the interest of Landlord in the Shopping Center existing at the time any such liability is adjudicated in a proceeding as to which the judgment adjudicating such liability is non-appealable and not subject to further review or out of rents to be received by Landlord from occupants of the Shopping Center. The term"Landlord"shall mean only the owner,for the time being of the Shopping Center,and in the event of the transfer by such owner of its interest in the Shopping Center and the assumption by the transferee of the covenants,duties and obligations of Landlord hereunder,such transferor shall thereupon be released and discharged from all covenants and obligations of Landlord thereafter accruing,but such covenants and obligations shall be binding during the Lease Term upon each new owner for the duration of such owner's ownership. SECTION 24.04. All monetary obligations of Landlord and Tenant are performable exclusively in Beaumont,Jefferson County,Texas. This Lease shall be construed in accordance with the laws of the State in which the Shopping Center is located,and the County in which the Shopping Center is located shall be the venue for any litigation arising from this Lease. SECTION 24.05. To the best of Tenant's knowledge,Tenant is currently in compliance with,and covenants to Landlord that Tenant shall at all times during the Lease Term(including any extension thereof)remain in compliance with,the regulations of the Office of Foreign Assets Control("OFAC")of the U.S.Department of Treasury(including those named on OFAC's Specially Designated Nationals and Blocked Persons List)and any statute, executive order(including,but not limited to, Executive Order 13224, dated September 24, 2001 and entitled `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit,or Support Terrorism"),or other governmental,regulatory,or administrative action relating thereto. SECTI N 24.06. Weingarten Realty Investors(the"trust")is an unincorporated trust organized under the Texas Real Estate Investment Trust Act. Neither the shareholders of the trust,nor its trust managers, officers,employees or other agents are personally,corporately or individually liable for any debt,act,omission or obligation of the trust, and all persons having claims of any kind against the trust must look solely to the property of the trust for the enforcement of their rights. SECTION 24. 07. Notwithstanding anything contained herein to the contrary, Landlord and Tenant hereby agree and understand that funds for the Leased Premises and the Permitted Use are approved by the State of Texas. The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end of the current State of Texas fiscal year will be subject to budget approval. Tenant may cancel this Lease upon thirty(30) days' written notice to Landlord,if appropriate funds are not approved for the following fiscal year. ARTICLE XXV-ENTIRE AGREEMENT SECTION 25.01. This instrument (including all Riders,Exhibits and Guaranty, if any)constitutes the entire agreement between Landlord and Tenant;no prior written or prior or contemporaneous oral promises or representations shall be binding. This Lease shall not be amended,changed or extended except by written instrument signed by both parties hereto. 8 2008SF-NPR-TX EXECUTED in multiple counterparts,each of which shall have the force and effect of an original,on the day and year first written above. EASTEX VENTURE, a Texas joint venture By: Weingarten Realty Investors, a Texas real estate investment trust, its General Manager By: Name: Title: "LANDLORD„ CITY OF BEAUMONT, a Texas Municipal Corporation By: Name: Title: "TENANT" Execution Page to Shounina Center Lease 9 AS-IS-MIN CONSTRUCTION RIDER This Construction Rider is attached to and forms a part of that certain Lease Contract(the"Lease Contract")dated 2010, between EASTEX VENTURE, as "Landlord" and CITY OF BEAUMONT, as "Tenant". Section 1.01. The Leased Premises will be tendered to Tenant by Landlord in its existing condition on an"AS-IS" basis without any nature of construction work being performed by Landlord,except as provided in Section 1.07 below. Tenant has inspected the Leased Premises and accepts them in such"AS-IS"basis except that, prior to tender of Leased Premises,Landlord shall place the HVAC system serving the Leased Premises in good working order,and Landlord shall incur no liability to Tenant by reason of any defects in the Leased Premises,including any latent defects. Tenant may,at its sole cost and expense,make such minor alterations,remodeling and changes to the Leased Premises as it deems necessary for the operation of Tenant's business;provided,however,that prior to commencement of such work,Tenant submits and obtains written approval from Landlord of plans and specifications covering any such work(including the name of the general contractor or contractors that Tenant expects to use in completing such work)and that such work is completed as approved. Landlord's approval of Tenant's plans and specifications is to satisfy a condition precedent to the commencement of Tenant's construction,and should not be relied upon by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant's proposed construction is structurally sound, is in compliance with the above-mentioned rules,regulations,or laws, or is sufficient to obtain all required permits. No change,alteration or remodeling shall at any time be made which shall impair the structural soundness or diminish the value of the Leased Premises. All work done in connection with any change, remodeling or alterations shall be.done in a good and workmanlike manner and in compliance with all laws, ordinances, building codes,Hiles and regulations of appropriate governing authorities and Tenant shall procure any certificates required by any such governing authority at Tenant's sole cost and expense. Tenant will also provide and install all other interior work,trade equipment,furniture,fixtures and effects of every description necessary or appropriate for Tenant's business and all such items to be provided and installed by Tenant shall be new and modem and of first-class quality. Upon completion by Tenant of its work at the Leased Premises,Tenant will furnish Landlord one(1)set of as-built drawings for the electrical and mechanical systems of the Leased Premises. Section 1.02. With respect to any labor performed or materials furnished by Tenant at the Leased Premises,the following shall apply: All such labor shall be performed and materials furnished at Tenant's own cost,expense and risk. Labor and materials used in the installation of Tenant's firniture and fixtures,and in any other work on the Leased Premises performed by Tenant, will be subject to Landlord's prior written approval. Any such approval of Tenants labor shall constitute a revocable license authorizing Tenant to permit such labor to enter upon the Shopping Center and Leased Premises prior to the commencement of the lease term for so long as Tenant's labor does not interfere with labor utilized by Landlord or any other tenant. With respect to any contract for any such labor or materials,Tenant acts as a principal and not as the agent of Landlord. To the extent permitted by law,Tenant agrees to indemnify and hold Landlord harmless from all claims(including costs and expenses of defending against such claims)arising or alleged to arise from any act or omission of Tenant or Tenants agents, employees, contractors, subcontractors, laborers, materialmen or invitees or arising from any bodily injury or property damage occurring or alleged to have occurred incident to Tenant's work at the Leased Premises. Tenant shall have no authority to place any lien upon the Leased Premises or any interest therein nor in any way to bind Landlord;and any attempt to do so shall be void and of no effect. Landlord expressly disclaims liability for the cost of labor performed or materials furnished by Tenant. If, because of any actual or alleged act or omission of Tenant, any lien, affidavit,charge or order for the payment of money shall be filed against Landlord,the Leased Premises or any portion thereof or interest therein,whether or not such lien,affidavit,charge or order is valid or enforceable,Tenant shall,at its own cost and expense,cause same to be discharged of record by payment,bonding or otherwise no later than fifteen(15)days after notice to Tenant of the filing thereof but in all events,prior to the foreclosure thereof. All of Tenant's construction at the Leased Premises shall be performed in strict compliance with the working drawings, all applicable building codes and other legal requirements and in a good and workmanlike manner satisfactory to Landlord's Architect and in such manner as to not cause Landlord's fire and extended coverage insurance to be canceled or the rate therefor increased. In the performance of such work,Tenant shall not interfere with or delay any work being done by Landlord's contractors. Upon completion by Tenant of its work at the Leased Premises,Tenant shall provide to Landlord a certificate of occupancy(or other certificates evidencing inspection and acceptance of all of Tenant's construction by appropriate government authorities). Section 1.03. All improvements constructed by Tenant at the Leased Premises(excepting only Removable Trade Fixtures installed by Tenant)shall,immediately upon such construction,become and remain the property of Landlord;and Tenant shall have no right,title or interest(including lien interest)therein,except only as Tenant under the provisions of the Lease Contract. The aforesaid improvements, if constructed by Tenant, are not intended as any nature of rent or compensation to Landlord Section 1.04. If at any time during the course of Tenant's work at the Leased Premises,the storefront of the Leased Premises is not fully secure,Tenant shall construct a barricade of plywood or other material approved by Landlord to secure the Leased Premises and adjoining lease space. Section 1.05. Any work(except the annual inspection)at the Leased Premises involving the sprinkler system(if any)serving the Leased Premises shall be performed by Landlord or its contractors at Tenant's cost,up to$1,000 of each repair or maintenance item. Notwithstanding the foregoing,if and to the extent any item of maintenance or repair to the sprinkler system is caused by the negligence or intentional act of Tenant's employees,agents or invitees,Tenant will be solely responsible for performing such repairs and for the entire cost of such repairs to the extent the cost of such repairs is not paid to landlord from insurance proceeds received by Landlord pursuant to Landlord's casualty insurance referenced in Section 12.04 of the Lease. Tenant shall pay the cost of any such work for which it is responsible pursuant to this Section 1.05(or reimburse Landlord therefor)within ten(10)days after delivery to Tenant of a statement therefor. Section 1.06. In the event Tenant fails to satisfy the conditions set forth in Section 1.01 of this Construction Rider and also commence construction on or before the expiration of seven 7 days from the date of tender of possession of the Leased Premises to Tenant, then such failure shall constitute an Event of Default under the Lease Contract and without further notice Landlord shall have the right to either terminate the Lease Contract at any time thereafter or exercise such other remedies as may be available to Landlord pursuant to the terms of the Lease Contract, Section 1.07. Prior to the date upon which Landlord tenders possession of the Leased Premises to Tenant,Landlord shall perform the work as outlined on Exhibit"X" attached hereto and made a part hereof;in order to bring the Leased Premises into compliance with the American with Disabilities Act of 1990. 2 •I°••I*•°rr°•*°"I** CITY OF BEAUMONT,BEAUMONT,TEXAS BEAUMOH 4 0( PURCHASING DIVISION BID TABULATION r • a • x • a • s Bid Name: Six Month Contract for Water Treatment Chemical-Liquid Chlorine Bid Number: 6F1211-14 Bid Opening: Thursday,December 30,2010 Contact Person: Robert(Bob)Holiar, Buyer II rhollaraci.beaumont.tx.us Phone: 409-880-3758 Vendor Aftda 004k DXI Industries City/State Houston Phone or Fax No. Unit Price Extended ITEM DESCRIPTION QTY ,. Pie 1 ILiquid Chlorine 130 Tons S 483.60 $62,868.00 TOTAL BID ; 62,866.00 anu acturer ran i V, Cannexus Cylinder renta tt n a cylinder Deposit . n a NOTE: AWARDED VENDOR IS HIGHLIGHTED. RESOLUTION NO. WHEREAS, bids were solicited for a six(6)month contract for the purchase of liquid chlorine for use by the Water Utilities Department; and, WHEREAS, Altivia Corporation of Houston,Texas,submitted a bid for an estimated total expenditure of$62,660 in the unit amounts shown below: VENDOR TONS PRICE /TON TOTAL Altivia Corp. 130 $482.00 $62,660 Houston, TX DXI Industries 130 $483.60 $62,868 Houston, TX and, WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corporation of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Altivia Corporation, Houston, Texas, for a six (6) month contract for the purchase of liquid chlorine in the unit prices shown above for an estimated total expenditure of$62,660 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY D C City g Council Agenda Item T * E 9 X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director P-0 MEETING DATE: January 11, 2011 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 properties 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 owner of the property listed below, has agreed to convey his property to the City: Parcel #60 0.2505 acre out Thomas Spear Survey Abstract No. 50 (6640 Eastex Freeway) Value: $96,000.00 Owner: 6640 Inc. The acquisition of the utility easement is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. 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 #60: 0.2505 acre out of Thomas Spear Survey Abstract No. 50 (6640 Eastex Freeway) Value: $96,000.00 Owner: 6640 Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 11th day of January, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NO.OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, 6640 INC., of the County of Jefferson, State of Texas,hereinafter called GRANTOR for and in consideration of the sum of NINETY-SIX THOUSAND AND N011 00 ($96,000.00)DOLLARS and other good and valuable consideration,to it in hand paid by the City of Beaumont,a municipal corporation, domiciled in Jefferson County, Texas,hereinafter called GRANTEE, for the conveyance.of the hereinafter described property,the receipt and sufficiency of which is hereby acknowledged and confessed,has GRANTED; SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. 0. Box 3827, Beaumont,Texas 77704, and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself,her successors and assigns,forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions,easements-and mineral and/or royalty reservations,if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging,unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds EXHIBIT "A" herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE.and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above,when the claim is by,through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. 6640 INC STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on , 2011, by , its for 6640 INC.,known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act on behalf of said 6640 INC., that he/she executed the same for the purpose and consideration expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of .2011. Notary Public, State of Texas J RETURN T0: City of Beaumont do Antoinette Hardy P.0.Box 3827 Beaumont,TX 77704 March 2009 Parcel 60 Page 1. of 6 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 60 Being a 0.2505 acre (10,911 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 9.10 acre tract, identified as TRACT I, and that certain called 0.791 acre tract, identified as TRACT II, having been conveyed to 6640, Inc. from Sheldon Greenberg, by deed dated February 22, 2000 and being recorded under Clerk's File No. 2000006442, of the Real Property records of Jefferson County, Texas, the same being the tracts of land having been conveyed to 6640, Inc. from Brad Klein as recorded in Clerk's File No. 2000006443, of the Real Property records of Jefferson County, Texas, save and except that certain called 0.1125 acre tract, identified as TRACT ONE, as described in a "Special Warranty Deed" from 6640, Inc. to Crown Castle GT Company LLC as recorded in Clerk's File No. 2006048633, of the Real Property records of Jefferson County, Texas, said 0.2505 (10,911 square feet) acre of land being more particularly described as follows; COMMENCING at the most Southerly corner of the said 9.10 acre, Tract One, 6640, Inc. tract and the most Westerly corner of that certain called 13.38 acre tract of land having been conveyed to Parkdale Village, L.P. from SGI Beaumont-I Ltd., by deed dated March 4, 2005 and being recorded under Clerk's.File No. 2005008427 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 40°44'24" EAST, along the Northwesterly line of the said 13.38 acre Parkdale Village, L.P. tract and the Southeasterly line of the- said 9.10 acre, Tract One, 6640, Inc. tract for a distance of 858.12 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 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 960.00 feet and being subtended by a chord bearing NORTH 51"04'15"WEST having a chord length of 101.23 feet; 1) THENCE, NORTHWESTERLY, along said curve for an arc length of 101.28 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 of Concord Road; 2) THENCE, NORTH 54°05'35" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 193.53 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 of Concord Road, said corner being in the East line of the said 0.791 acre Tract Two, 6640, Inc. tract; March 2009 Parcel 60 Page 2 of 6 EXHIBIT_ 3) THENCE, NORTH 54 005'35"WEST, continuing along the proposed Southwest right- of-way of Concord Road for a distance of 148.92 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 of Concord Road, said corner being in the West line of the said 0.791 acre Tract Two, 6640, Inc. tract; 4) THENCE, NORTH 54°05'35"WEST, continuing along the proposed Southwest right- of-way of Concord Road for a distance of 149.74 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 of Concord Road; 5) THENCE, NORTH 61019'16" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 3.46 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the existing Southwest right-of-way of Concord Road, said corner being in the most Northwesterly line of the said 9.10 acre, Tract One, 6640, Inc.; 6) THENCE, NORTH 85 058'45" EAST, along the existing Southwest right-of-way of Concord Road for a distance of 30.89 feet to a point for comer in the existing Southwest right-of-way of Concord Road; 7) THENCE, SOUTH 53°54'31" EAST, along the existing Southwest right-of-way of Concord Road and the Northeast line of the said 9.10 acre, Tract One, 6640, inc. tract and the said 0.791 acre, Tract Two, 6640, inc. tract for a distance of 492.70 feet to a point for corner in the existing Southwest right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 924.93 feet and being subtended by a chord bearing SOUTH 51021'59" EAST having a chord lengtli-of 82.05 feet; 8) THENCE, SOUTHEASTERLY, along said curve for an arc length of 82.08 feet to a point for corner in the existing Southwest right-of-way of Concord Road, said corner being the East corner of the said 9.10 acre, Tract One, 6640 Inc. tract and said corner also being the North corner of the said 13.38 acre Parkdale Village, L.P. tract; 9) THENCE, SOUTH 40 044'24" WEST, along the Southeast line of the said 9.10 acre, Tract One, 6640 Inc. tract and along the Northwest line of the said 13.38 acre Parkdale Village, L.P. tract fora distance of 19.31 feet to the POINT OF BEGINNING and containing 0.2505 acre (10,911 square feet) of land. March 2009 Parcel 60_ Page 3 of 6 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 Y GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF March 2009. F T� HITELEY ... ...N.... Mark W. Whiteley, RPLS #3636 `�'Z'p°�.... LEGEND ■ SET 5/8' I. R, WITH CAP STAMPED 'M. W. WHITELEY & ASSOCIATES' 0 TXDOT CONTROL MONUMENT Q PARCEL NUMBER CONCORD ROAD O FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE 60 PARCEL 60 EXISTING ROW LINE PROPERTY LINE CALLED 0.1125 ACRES CALLED 0.791 ACRES CRi TRACT CASTLE GT TRACT TWO SURVEY LINE CROWN COUNTY LINE CF. �P2R06 99633 FEB�8NO. RlOpD06443 P�KDADLEINWZZ ACRES CFMAfjCH2Ob50085427 ��OPPRJC CALLED 9.10 ACRES TRACT CFEBNO 2Ypp2pb06443 DFr P.O.0 PARCEL 60 FND. 518'I. ROD PARENT TRACT N.T.S. 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. OF TFf � . ,Vl�V'.Vt� •IT,LEY.,,�. EXISTING TAKING REMAINING ACRES ACRES S.F ACRES 9. 7785 0.2505/00,911)PARCEL 60, 9. 5280 +ARK . WHITELEY D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 60 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 6482 3250 EASTEX FRWY. BEAUlSO 409-8 829042126-642 BE�FAX) 409-892-1348 03 SCALE 1' = 50 MARCH 2009 SHEET 4 OF 6 EXHIBIT "B" -n N N N - CONCORD ROAD _N54'05'35"W 492.19' 222+00_ _ PROPOSED BASELINE S53'54'31"E 492.70' EXISTING RIGH 0 C \,Z224+81.69 40.00LT PROPOSED RIGHT OF WAY ❑ C1 N54'05'35"W 193.53' N54'05'35"W 148.92' 222+88.16 co 40.00LT P.O.B. PAR. 5 / w 60 �L CURVE DATA w 221+82,66 N p PI—16 53 441+ 41.7 _ e i w w �gy 40.00LT c" R1000.0000' SS4 �� 5� ``' L294.8821' U I ,��0�S,'' _c`tv Ch293.8149' w D05e43'46' m Z 2 -� CALLED 9.10 ACRES z x TRACT ONE w U CALLED 0.791 ACRES 6640, INC. 13.38 ACRES TRACT TWO FEBRUARY 22, 2000 P CALLED CALLED E VILLAGE, L.P. 6640, INC. CF. NO. 2000006443 MARCH 4 2005 i CF. 2000bO6443 OPRJC CF. NO. 20b5008427 OPRJC P.O.C. PAR. 58 OPRJC FND 5/8" I. ROD PARCEL PLAT LINE BEARING DISTANCE SHOWING L3 I S40'4424"W 1931 PARCEL 60 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING I DELTA ANGLE CONCORD ROAD JEFFERSON COUNTY Cl 960.00' 101.28' 101.23' N51'04'15'V 1 06'02'41" SCALE 1 " = 50' MARCH 2009 C2 924.93' 82.08' 82.05' S51'21'59"E 05'05'05" SHEET 5 OF 6 I. r7 0 0 N N a CONCORD ROAD 226+00 _ PROPOSED BASELINE N54'0535"W'492.19'�- CL CURVE DATA +8 .09 EXISTING RIGHT OF WAY S53'54'31"E 92.70'— PI STA=229+59.01 - A=39°19'30' 40.42LT R500.0000' PROPOSED RIGHT OF WAY T178.6564' L1 N54'05'35"W 149.74' N54'05'35"W 148.92' L343.1746' 227+80.35 w Ch336.4783' 40.00LT 226+30.61 _ D11°27'33' 60 40.00LT V) CALLED 9.10 ACRES w TRACT ONE w cn 6640, INC. FEBRUARY 22 2000 CALLED 0.791 ACRES CF. NO. 2000606443 TRACT TWO w 6640, IN . OPRJC yp� FEBRUARY 22C 2000 0� ��o �,� �y0• CF. NO.OPR00006443 _ Q �� CALLED 0.1125 ACRES v- TRACT ONE CROWN CASTLE GT COMPANY LLC D CF. NO. 2006048633 OG� OPRJC � 15 PARCEL PLAT SHOWING LINE BEARING DISTANCE PARCEL 60 L1 N61'19'16"W 3.46' CONCORD ROAD JEFFERSON COUNTY L2 N85'58'45"E 30.89' SCALE 1" = 50' MARCH 2009 SHEET 6 OF 6 RICH WITH OPPORTUNITY [1EAitilicill City Council Agenda Item T 9 E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director PD MEETING DATE: January 11, 2011 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 properties 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 owner of the property listed below, has agreed to convey his property to the City: Parcel #37 0.0168 acre out F. Bigner Survey Abstract No. 1 (5670 Concord Road) Value: $2,000.00 Owner: Land Manor, Inc. The acquisition of the utility easement is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. 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 #37: 0.0168 acre out of F. Bigner Survey Abstract No. 1 (5670 Concord Road) Value: $2,000.00 Owner: Land Manor, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 11th day of January, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NO.OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, LAND MANOR, INC., of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TWO THOUSAND AND NO/100 ($2,000.00) DOLLARS and other good and valuable consideration,to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property,the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. MASON WILKINSON STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by MASON WILKINSON. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 Apri12009 Parcel 37 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East.Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 37 Being a 0.0168 acre (733 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 3.9059 acre tract of land having been conveyed to Land Manor, Inc. from Mohammad A. Swati by deed dated March 10, 1994 and being recorded under Clerk's File No. 94-9407991 of the Real Property records of Jefferson County, Texas, said 0.0168 (733 square feet) acre of land being more particularly described as follows; COMMENCING at a 1" iron pipe found for the Northwest comer of that certain called 3.151 acre tract of land having been conveyed to Wallace. A. Domingue and wife, Bettye Jean Domingue from Tula Marie Comstock by deed dated August 13, 1974 and being recorded under Volume 1844 Page 277 Deed Records of Jefferson County, Texas and being in the East line of the said 3.9059 acre Land Manor, Inc. tract; THENCE, SOUTH 03°03'28" EAST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 551.09 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 of Concord Road, and the POINT OF BEGINNING. of the parcel herein described; 1) THENCE, SOUTH 03°03'28" EAST, continuing along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 2.68 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said corner also being the beginning of a curve'turning to the left having a radius of 1303.24 feet and being subtended by a chord bearing NORTH 80°29'42"WEST having a chord length of 45.65 feet; 2) THENCE, NORTHWESTERLY, along said curve for an arc length of 45.65 feet to a point for corner in the existing Northeast right-of-way of Concord Road; 3) THENCE, NORTH 81 029'55" WEST, along the existing Northeast right-of-way line of Concord Road fora distance of 42.19 feet to a point for comer, said comer also being the beginning of a curve turning to the right having a radius of 1115.92 feet and being subtended by a chord bearing NORTH 78°45'36" WEST having a chord length of 106.64 feet; April 2009 Parcel 37 Page 2 of 4 EXHIBIT 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 106.68 feet to a point for comer in the existing Northeast right-of-way of Concord Road, said comer being Southwest comer of the said 3.9059 acre Land Manor, Inc. tract and being the Southeast corner of that certain called 1.283 acre tract of land having been conveyed to W. H. Watkins, Jr., B. R. Casey, and J. E. Dollinger-from Concord Apartments by deed dated October 29, 1999 and being recorded under Clerk's File No. 1999041166 of the Real Property records of Jefferson County, Texas, and from said point a 2" iron pipe bears SOUTH 03°01'04" EAST a distance of 2.12 feet; 5) THENCE, NORTH 03°01'04" WEST, along the East line of the said 1.283 acre Watkins et al tract and the West line of the said 3.9059 acre Lang Manor, Inc. tract for a distance of 4.58 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 of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 970.00 feet and being subtended by a chord bearing SOUTH 77 051'59" EAST having a chord length of 73.34 feet; 6) THENCE, SOUTHEASTERLY, along said curve for an arc length of 73.36 feet to 5/8" iron rod with cap stamped "City of Beaumont ROW Monument' set for comer in the proposed Northeast right-of-way of Concord Road; 7) THENCE, SOUTH 80 001'58" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 121.58 feet to the POINT OF BEGINNING and containing 0.0168 acre (733 square feet) of land. 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 April 2009. S OF . ...........:N. W HITELEY ; ....'636 %0 Mark W. Whiteley, RPLS #3636 SURD I I C LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXD❑T CONTROL MONUMENT Q PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE CALLED 19059 ACRES LAND MANOR, INC. PROPOSED ROW LINE MARCH 10, 1994 CF N0. 94-9407991 EXISTING ROW LINE OPRJC PROPERTY LINE ti — SURVEY LINE COUNTY LINE F. BIGNER SURVEY ABSTRACT N0. 1 P.O.0 PARCEL 37 FND. 1" I. PIPE CALLED 3.151 ACRES WAUACE A DOMINGUE, et ux CALLED 1.283 ACRES AUGUST 13, 1974 W. H. WA11(WS JR. et al VOL. 1844, PG. 277 OCTOBER 26, 1999 DRJC CF NO. 199904116 OPRJC P.O.S. 3 PARCEL 37 CONCORD ROAD PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. i SURVEYED FEBRUARY 20D9 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. b co Q Off, r ............ ' W. 11H'E E o.:E•`V•• ; EXISTING TAKING REMAINING ., ACRES ACRES S.F. ACRES I 3. 9059 PARCEL 37, 2. 6462 MARK W. WHITELEY •41•dpi 0.0168/(733) AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 37 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRNY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-692-1346 SCALE 1 " = 50 APRIL 2009 SHEET 3 OF 4 j EXHIBIT "B" n S LINE BEARING DISTANCE L 1 S03'03'28 E 2.68' L2 N81*2955"W 42.19' L3 NO3'01'04"W 4.58" CALLED 1.283 ACRES P.0.C. PAR. 37 W. H. WATKINS JR. et al FND 1 OCTOBER 26, 1999 00 I. PIPE CALLED 3.151 ACRES CF N0. 1999041166 Wo WALLACE A. DOMINGUE, et ux OPRJC CALLED 3.9059 ACRES j c1� ll AUGUST 13, 1974 `�� o LAND MANOR, INC. 0 UA 0 VOL. 1844, PG. 277 °o+ MARCH 10, 1994 °•0 U! DRJC r CF NO. 94-9407991 LOU CD_ _ � OPRJC ate_ o U LTI co 0,co 0o co PI STA=187+1.23 `"A =17°58'00" p do X R=1010.0000' c��+v'. W T=159.6679' -� L=316.7148'. 37 P.O.B. PAR. 37 Ch=315.4188' 38 1 D=05°40'22' O 1182+19.25 181+42.87 180+21.28 36 40.00RT 40.00RT 40.00RT PROPOSED RIGHT OF \`EX wAY NG RIGHT pF C3 S800158 E 9 1.58' ISTI wAY 3 C2 L2 C 1 N L 1 FND 2'`I. PIPE BEARS CO�COso3•o1 'o4"E 2.12'-Js2+oo PARCEL PLAT RD ROAD PROPOSED BASEL NE_N80'4'14.87'W 147.35- SHOWING 37 , PARCEL CURVE RADIUS ARC LENGTH I 'CHORD LENGTH I CHORD BEARING DELTA ANGLE CONCORD ROAD JEFFERSON COUNTY Cl 1303.24' 45.65' 45.65' 1 N80'29'42"W 02'00'25" C2 1115.92' 106.68' 1 106.64' 1 N78'45'36"W 05'28'38" SCALE 1 " = 50' APRIL 2009 C3 970.00' 73.36' 1 73.34' 1 S77'51'59"E 04'19'59" 1 SHEET 4 OF 4 RICH WITH OPPORTUNITY F [11'LA,[111C111 T - E • x . A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director P9 MEETING DATE: January 11, 2011 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 properties 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 owner of the property listed below, has agreed to convey his property to the City: Parcel#19 0.0188 acre out of E pt Tract 29, French Heights Addition (5275 Concord Road) Value: $1,000.00 Owner: Tomas C. Barboza, Jr. The acquisition of the utility easement is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. I 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 #19: 0.0188 acre out of E pt Tract 29, French Heights Addition (5275 Concord Road) Value: $1,000.00 Owner: Tomas C. Barboza, Jr. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 11th day of January, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE . OR 'STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR. SOCIAL SECURITY NO.OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, TOMAS C.BARBOZA,JR.,of the County of Jefferson, State of Texas,hereinafter called GRANTORS for and in consideration of the sum of ONE THOUSAND AND N01100 ($1,000.00)DOLLARS and other good and valuable consideration,to it in hand paid by the City . of Beaumont,a municipal corporation,domiciled in Jefferson County,Texas,hereinafter called GRANTEE,for the conveyance of the hereinafter described property, the receipt.and sufficiency of which is hereby acknowledged and confessed,has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made,and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O.Box 3827,Beaumont, Texas 77704,and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself,her successors and assigns,forever, all of the oil,gas,and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants,conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging,unto the said EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns,forever;and said GRANTORS binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns,against every person lawfully claiming or to claim all or any part of the property,subject to the provisions stated above,when the claim is by,through, or under GRANTORS but not otherwise. EXECUTED this the day of , 2011. TOMAS C. BARBOZA ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of. ,2011, by TOMAS C. BARBOZA,JR. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,Texas 77704 April 2009 Parcel 19 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 19 Being a 0.0188 acre (820 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain called 0.460 acre tract of land having been conveyed to Tomas C. Barboza, Jr. from Huey P. Soileau and Elba Sue Williams Soileau by deed dated November 18, 1998 being recorded under Clerk's File No. 9843111 of the Real Property Records of Jefferson County, Texas, said 0.0188 acre (820 square feet) of land being more particularly described as follows; COMMENCING at a 1" iron pipe with cap found for the most Westerly comer of the said 0.460 acre Barboza tract and said point being the most Southerly comer of that certain'tract of land being identified as Tract No. 2 having been conveyed to Nazario Ledezma and Angela Ledezma from James Robbins and Shirley Robbins, by deed dated September 5, 2008, and being recorded under Clerk's File No. 2008031560 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 35°18'35" EAST along the Northwesterly comer of the said 0.460 .acre Barboza tract and the Southeasterly line of said Tract No. 2 for a distance of 235.86 feet to a 5/8" iron rod witti cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest ri ght-of-way line of Concord Road, said comer being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 35 018'35° EAST, continuing along the Northwesterly line of the said 0.460 acre Barboza tract and the Southeasterly line of said Tract No. 2 for a distance of 9.69 feet to a point for comer in the existing Southwest right-of-way line of Concord Road, and from said point an axle found bears SOUTH 35 018'35"WEST for a distance of 1.90 feet; 2) THENCE, SOUTH 54 03344" EAST, along the existing Southwest right-of-way line of Concord Road for a distance of 84.27 feet to a point for corner, said corner being the most Easterly corner of the said 0.460 acre Barboza tract and the most Northerly corner of that certain called 0.549 acre tract of land having been conveyed to James R. Callas from Larry Pedigo, Florence Boston, Lora Canter and Betty Mixson by deed dated November 22, 2004 being recorded under Clerk's File No. 2004045685 of the Real Property Records of Jefferson County, Texas; April 2009 Parcel 19 Page 2 of 4 EXHIBIT_ 3) THENCE, SOUTH 35°18'24" WEST along the Southeast line of the said 0.460 acre Barboza tract and along the Northwest line of the said 0.549 acre Callas tract for a distance of 9.78 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right-of-way line of Concorde Road; 4) THENCE, NORTH 54°30'26" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 84.27 feet to the POINT OF BEGINNING and containing 0.0188 acre(820 square feet) of land. 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 comers are truly shown just as found at the time of the survey. Surveyed February 2009 P�, GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF APRIL 2009. G OFEq�+ t 1 fij�Q� �O•;tn ..M.W'WKiTELEY ....:........................... Mark W. Whiteley, RPLS #3636 <: 3636 aP:e SU 0 qj��RESS��.•'� LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT PARCEL NUMBER O FND PROPERTY CORNER AS NOTED POWER POLE PARENT TRACT PROPOSED ROW LINE N.T.S. EXISTING ROW LINE CONCORD ROAD PROPERTY LINE SURVEY LINE P.O.B. COUNTY LINE o PARCEL 19 19 CALLED 0.46 ACRES TOMAS C. BARBOZA, JR. NAZARIO LEDEZMA & NOVEMBER 18, 1998 ANGELA LEDEZM4 CF NO. 9843111 SEPTEMBER 5, 2008 OPRJC CF NO. 2008031560 aj a4 OPRJC CALLED 0.549 ACRES JAMES R. CALLAS ARP NOVEMBER 22, 2004 CF NO. 2004045685 OPRJC A. WILLIAMS SURVEY ABSTRACT NO. 385 P.O.0 PARCEL 19 FND. 1" 1. PIPE. 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 't ;........ F-J- ACCOMPANIES THIS PARCEL PLAT. co "'M.1N�WHITELEY... ........N.................• �� 36..36 EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES PARCEL 19, MARK W. WHITELEY =' �' 46 0.01881(820 0. 4412 AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 19 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 32550 EASTEX FRWY. BEAUMONT, TEXAS 77728-5¢82 eB(At�>409TB M 77703 TEXAS SCALE 1" = 50' APRIL 2009 4 SHEET 3 OF 4 EXHIBIT "B" N '30'26"W 1552.99' 164+�00 54 �--- PROPOSED BASELINE J \ C O N O R D . ROAD FND AXLE BEARS S35'18'35"W 1.90' (551'15'00 1 84.27 EXISTING RIGHT OF WAY S54'33'44"E $4.27 163+71.31 N54' 0'26"W 84.27' PROPOSED RIGHT OF WAY 40,00LT 162+87.0 P.0. PAR. 19 40.00LT 24 O 19 18 NAZARIO LEDEZMA & ANGELA LEDEZMA CALLED 0.46 ACRES SEPTEMBER 5, 2008 TOMAS C. BARBOZA, JR. CF NO. 2008031560 NOVEMBER 18, 1998 OPRJC N� oo CF NO. RJC 3111 "R u; d M CALLED 0.549 ACRES N N N N N JAMES R. CALLAS - 'i'-`1' ' 3 NOVEMBER 22, 2004. U TRACT 1 TRACT 2 n co N CF NO.02004045685 Lo 00 O°L m bo Lo ul En Go Z Z Z Nv x w P.O.C. PAR. 19 FND 1" �B I. PIPE (S51-45'1 O-E 84.27') S55'1 O'12"E 84.29' PARCEL PLAT SHOWING PARCEL 19 LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L 1 N35'18'35"E ' 9.69' L2 S35'1824V 9.78' SCALE 1" = 50' APRIL 2009 SHEET 4 OF 4 I RICH WITH OPPORTUNITY G r 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: January 11, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute an agreement for the use of the stables at Tyrrell Park. RECOMMENDATION The Administration recommends approval. BACKGROUND On June 29, 2010, the City Manager was authorized to renew an agreement for one year with Danielle Sams for the use of the Tyrrell Park Stables property. This agreement was recommended by staff based on satisfactory performance and the efforts she was making to enhance the property. Just recently, Mrs. Sams served notice that her health will no longer allow her to continue, and she would be leaving. Mrs. Sams indicated that Mr. Ken Miller, who assisted her with many of the events and programs at the Stables, is interested in managing the property. Staff met with Mr. Miller and determined that he is committed to continuing the programs that have been started. He understands the importance of working collaboratively with the City to develop a sustainable stables operation and will continue to clean, improve, and maintain the barn property and its associated grounds and pastures located north of the stables road. The property on the south side is maintained by the Parks and Recreation Department. Staff is recommending a one-year agreement with Mr. Miller under same terms and conditions previously established. The agreement provides for annual renewals by agreement of the parties and contains a 30-day cancellation clause. The riding trails will continue to remain open to the general public. BUDGETARYIMPACT Mr. Miller will pay for his utilities and $350 per month for rent. 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 an agreement with Ken Miller for use of the Tyrrell Park Stables property for a period of one (1) year beginning January 15, 2011. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - Agreement between the City of Beaumont and Ken Miller for the use of Tyrrell Park Stables Property In order to allow and support equestrian and stables related activities, the City agrees to allow Ken Miller access to the Tyrrell Park Stables property subject to the conditions detailed below. Property Description Barn Property - Mr. Miller will control the barn and its associated pastures north of the stables road to Downs Road extended. Term This agreement will have a term of one year, beginning January 15, 2011, and may be extended by agreement of the parties. Insurance Mr. Miller will maintain $1,000,000 in liability insurance with the City named as an Additional Insured. Clean Up and Maintenance Barn Property and Pastures - Mr. Miller will clean and maintain the grounds, structures, and fences. Structural elements which are added will be similarly well maintained. The mowing schedule will be coordinated with the City, so that the grounds complement the surrounding park property. Payment Mr. Miller will pay the City $350 per month for rent and be responsible for the utilities for the Barn Property. The rent is due at the first of the month and late on the 10`x'. Utility payments will be invoiced and paid with the next rental payment. The City's Cash Management Office will issue payment instructions. Cancellation This agreement may be cancelled by either party with 30 days written notice delivered in person or by certified mail, return receipt requested, to the addresses listed below. Executed by the parties this day of January, 2011. Kyle Hayes, City Manager Ken Miller 801 Main Street, Suite 300 Beaumont, Texas 77701 EXHIBIT "A" H RICH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director PA MEETING DATE: January 11, 2011 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 and fire protection services for South Park Middle School located at 4500 Highland Drive. BACKGROUND Beaumont Independent School District has agreed to convey a ten (10) foot wide exclusive Waterline Easement to the City of Beaumont. The Water Line Easement will provide mandatory access to the water lines and fire hydrants for the school property and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. This Water Line Easement is recommended for approval by the City Manager, Public Works Director and Water Utilities Director. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, Beaumont Independent School District has offered to convey a ten foot (10')wide water line easement, said easement being out of the James W. Bullock Survey, Abstract No. 7, as described in Exhibit"A"and shown on Exhibit"B"attached hereto,to the City of Beaumont for the purpose of providing water and fire protection services for South Park Middle School located at 4500 Highland Avenue; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Beaumont Independent School District, as described in Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use, repair, alter, and maintain a single underground water line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating, repairing, rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, but Grantor reserves the right to use the surface of the easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that EXHIBIT "A" will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line. Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2011. BEAUMONT INDEPENDENT SCHOOL DISTRICT By Dr. Carrol Thomas, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2011. Notary Public, State of Texas RETURN TO. City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont, TX 77704 • "Recognizing the landmarks of the past....setting our f i ht towards the future- ores 9 LAND SURVEYORS, INC. Richard L.Worthey,RPLS J.L.Sires,Jr.,RPLS EXHIBIT"A" Page 1 of 3 November 11,2010 Surveyor's Field Note Description: 0.200 Acre Exclusive City Fire Water Line Easement BEING a 0.200 acre (8727.7 square feet) tract of land (Exclusive City Fire Water Line Easement) out of and a part of that certain South Park Independent School District called 10 acre tract of land, more fully described and recorded in Volume 185, Page 327 of the Deed Records of Jefferson County, Texas and said 0.200 acre (8727.7 square feet)tract of land(Exclusive City Fire Water Line Easement) being situated in the James W. Bullock Survey, Abstract No. 7, Jefferson County,Texas and being more particularly described as follows: COMMENCING at a set "X" in a concrete sidewalk for the Southwest corner of said 10 acre tract, same being the intersection of the North line of Virginia Street (variable width right-of- way) with the East line of Highland Avenue (60 feet wide right-of-way), fr om which a 3/4 inch i iron rod found bears North 02 deg.41 min. 43 sec. West 10.00 feet; THENCE North 86 deg. 47 min. 50 see. East,along and with the South line of said 10 acre tract, same being the North line of said Virginia Street, a distance of 358.79 feet to a point for the PLACE OF BEGINNING of the herein described tract; THENCE North 03 deg. 12 min. 10 sec. West, a distance of 498.44 feet to a point for corner of herein described tract; THENCE South 86 deg. 47 min. 50 sec.West, a distance of 354.37 feet to a point for corner of herein described tract,said point being in the West line of said 10 acre tract, same being the East line of said Highland Avenue; THENCE North 02 deg. 41 min. 43 sec. West, along and with the West line of said 10 acre tract, same being the East line of said Highland Avenue,a distance of 10.00 feet to a point for comer of herein described tract; THENCE North'86 deg. 47 min. 50 sec.East, a distance of 364.28 feet to a point for corner of herein described tract; THENCE South 03 deg. 12 min. 10 sec. East, a distance of 23.99 feet to a point for corner of herein described tract; 1950 Cornerstone Court Beaumont,Texas 77706 Tel: 409.866.9769 Fax: 409.866.7075 www.wortech.cam� W-Pj RTECH LAND SURVEYORS, INC. EXHIBIT "A" Page 2 of 3 0.200 Acre Exclusive City Fire Water Line Easement THENCE North 86 deg.47 min. 50 sec.East,a distance of 5.00 feet to a point for corner of herein described tract; THENCE South 03 deg. 12 min. 10 sec. East,a distance of 10.00 feet to a point for comer of herein described tract; THENCE South 86 deg.47 min. 50 sec. West,a distance of 5.00 feet to a point for comer of herein described tract; THENCE South 03 deg. 12 min. 10 sec.East, a distance of 341.20 feet to a point for comer of herein described tract; THENCE North 86 deg. 47 min. 50 sec.East, a distance of 5.00 feet to a point for corner of herein described tract; THENCE South 03 deg. 12 min. 10 sec.East,a distance of 10.00 feet to a point for comer of herein described tract; THENCE South 86 deg. 47 min. 50 sec. West,a distance of 5.00 feet to a point for comer of herein described tract; THENCE South 03 deg. 12 min. 10 sec. East,a distance of 123.25 feet to a point for comer of herein described tract,said point being in the South line of said 10 acre tract,same being the North line of said Virginia Street; THENCE South 86 deg. 47 min. 50 sec. West, along and with the South line of said 10 acre tract, same being the North line of said Virginia Street, a distance of 10.00 feet to the PLACE OF BEGIlVNING, containing 0.200 acre(87257.7 square feet)of land,more or less. ('This description is based upon a survey made on the ground under my direct supervision on June 14, 2010 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are referenced to Texas Coordinate System of 1983, South Central Zone `4204' (US Survey Foot). All distances and acreages are surface with a scale factor of 1.00007 applied.) OF ,`�•1 O s rtq Rgistered Profession and Surveyor 90 4599 a�f•¢ oess%f**-k SUR� I E)CMIT "All PAGE 3 OF 3 I m IE EXCLUSIVE CITY FIRE WATER LINE EASEMENT w W CAM NOTE: ALL BEARINGS ARE REFERENCED TO THE TEXAS � COORDINATE SYSTEM OF 1983,SOUTH CENTRAL ZONE 6 '4204'(US SURVEY FOOT).ALL DISTANCES AND ACREAGES PROJECT ARE SURFACE WITH A SCALE FACTOR OF 1.00007 APPLIED. SITS rAmu 0' 50' 100' 200 WMAN SUBMITTING INFORMATION: SCALE:1=100' BEAUMONT INDEPENDENT SCHOOL DISTRICT 3395 HARRISON AVENUE-BEAUMONT,TEXAS 77706 ATTN:ROBERT ZINGELMANN 40"174017 Vic=MAP KTB. F FRS 3 EAST CASTON ST. �a° ABBREVIATIONS , (W R.O.W.) ^�+$ VOL VOLUME SET x D,R.J.C. DEED RECORDS IN CONC. N8T2T25'E 1.30 FND 618' e�7! JEFFERSON COUNTY SIDEWALK I.ROD M RJ.C. MAP RECORDS JEFFERSON COUNTY CONC. CONCRETE a LS POC PLACE OF COMMENCING IL6 POB PLACE OF BEGINNING I,'] R.O.W. FJC 9-OF-WAY L8 ST• sTREEr rn LINE IBEARING DISTANCE L1 NO3.12'10'W 4 .44' EXCLUSIVE CITY FIRE L2 SBB•47'50'W 354.3T WATER LINE EASEMENT L3 NO2.41'43"W 10.00' 8727.7 SQ.FT. L4 NS8'47WE 364.28' zz 0.200 ACRE L5 S03.121a'E 23.99 La N86.4T50'E 5A0' L7 S03.1r10"E 10.00' $ z V�Y tr Le SBB•4T60"W 6.00' N e LA S03'1r10"E 341.20' �] t" L10 NBB•4T5O'E 5A0' L11 S03.1r10"E 10.01Y 5�lit� L12 S88.4T50'W 5.00 L13 SO3°1r10'E 123.25' W L14 SBB•4T50'W 10.00 SOUTH PARK INDEPENDENT SCHOOL DISTRICT 10 ACRES VOL 185,PAGE 327 Ap�4LZON D.R J.C. L1 O Cpvy O81 L11 SOUTH PARK BA)EPENDEI•IT L12 SCHOOL DISTRICT BLOCK S OF COLLEGEADDMON VOL 326,PAGE 668 DRJ.C. t" — —12 r w 13 N 86.4T50'E 356.71 © L14 p 9 C. VIRGINIA ST. N 86.4750"E 932.18 FND"X" (VARIABLE WIDTH R.O.W.) IN CONC. FND 112" E4 I.PIPE _ ' 3 CORNER NOTES 1Q SET'r IN CONCRETE SIDEWALK FROM WHICH A 314" a" IRON ROD FOUND BEARS NO2.41'43W 10A0'. a CA JOB NO: 2008-016-02 FIELD BOOK 701/073 SURVEYORS CERTIFICATION DFLBY: MWG THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY DATE 11111!2010 Oi PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY < F MADE UNDER MY DIRECT SUPERVISION ON JUNE 14,2010,AND IS SCALE 1=10(1 l�' pl S T tq'`, BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE W RTE C H 4`Q•9 DESCRIPTION OF THE PROPERTY SHOWN HEREON,WHICH LIES IN JEFFERSCNI COUNTY,TEXAS. J.L SIMS,1R. LAND SURVEYORS, INC. r 0,.45990+pio 7999 Glades Avenue,Suite 102 �.p� lrs• ///� Beaumont,Texas 77706-3109 SUP Tel: 409.866.9769 P° Fax:409.866.7675 EXHIBIT "B" SU www.wortech.com i RICH WITH OPPORTUNITY r City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager p PREPARED BY: Patrick Donart, Public Works Director PO MEETING DATE: January 11, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a fifteen foot (15') wide Exclusive Waterline Easement. RECOMMENDATION The Administration recommends acceptance of a Waterline Easement located at 3920 West Cardinal Drive. BACKGROUND Antioch Missionary Baptist Church has agreed to convey a fifteen foot (15') wide Waterline Easement to the City of Beaumont. The property is described as out of 0.3386 Acre (14,748 square feet) Out of and Part of Block 14, M.C. Cartwright Subdivision located at 3920 West Cardinal Drive. This Waterline Easement is recommended for approval by the City Manager, Public Works Director, and Water Utilities Director. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, Antioch Missionary Baptist Church has offered to convey a fifteen foot (15')wide water line easement, said easement being 0.3386 acre(14,748 square feet)out of and part of Block 14, M.C. Cartwright Subdivision located at 3920 West Cardinal Drive, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to the construction of a facility located at 3920 West Cardinal Drive; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Antioch Missionary Baptist Church, as described in Exhibit"A"and shown on Exhibit"B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,ANTIOCH MISSIONARY BAPTIST CHURCH,of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,hereinafter called"GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT,P. O. Box 3827,Beaumont, Texas 77704, Jefferson County,Texas,its successors and assigns,a Water Line Easement and the exclusive right to construct,alter,and maintain said water lines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A" and"B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing,constructing,operating, repairing,rebuilding,replacing,relocating,and/or removing water lines and appurtenances,and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid,and giving said City the right and privilege to improve,maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property. EXHIBIT "A" Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of��i�-- , 2010. GRANTOR: ANTI CH MISSIONARY BAPTIST CHURCH By: Printed Name: f 4AL4 V I N L Kjy Title: S 7 c C- ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFt-Ft X BEFORE ME,the undersigned authority, on this day personally appeared Mar/i o 1k5 -o d, —Fi-ttStGt- of ANTIOCH MISSIONARY BAPTIST CHURCH, known to me to be the person and officer whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this l(v day of cue 2010. aA Notary Public, Statdof Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont, TX 77704 :010, CARLA GIGLIOTTA *'� MY COMMISS?0N EXPIRES '' October 27,2014 EXIMIT"A" 15 Feet Wide Exclusive Waterline Easement Legal Description: 0.3386 Acre(14,748 sq.feet)Exclusive Waterline Easement Out of and Part of Block 14 M.C.Cartwright Subdivision Volume 4,Page 194,Map Records Out of and Part of Tract No. 1B&2B Partition Map No. 1 of the McFaddin Trust Volume 7,Page 132,Map Records J.W.Bullock League,Abstract No.7 Beaumont,Jefferson County,Texas BEING a 0.3386 acre(14,748 sq. feet)waterline easement situated in the J.W. Bullock League,Abstract No. 7, Jefferson County, Texas and being out of and part of Block 14 of the M. C. Cartwright Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4,Page 194,Map Records,Jefferson County,Texas and also being out of and part of Tract No. 1B&2B of the Partition Map No. 1 of the McFaddin Trust according to the plat thereof recorded in Volume 7, Page 132, Map Records, Jefferson County, Texas and being out of and part of certain 30 foot wide unnamed street situated in the said M.C. Cartwright Subdivision between Blocks 8, 9, 14 and 15 as vacated and abandoned by City of Beaumont Ordinance as recorded in Volume 1149, Page 623, Deed Records,Jefferson County,Texas and being out of and part of that certain called 19.725 acre tract of land as described in a "Special Warranty Deed" from Bar C Ranch to Antioch Missionary Baptist Church as recorded in Clerk's File No. 2000027592, Official Public Records of Real Property, Jefferson County, Texas, said 0.3386 acre (14,748 sq. feet) waterline easement being more particularly described as follows: NOTE.- All bearings are based on the North line of the said 19.725 acre Antioch Missionary Baptist Church tract as NORTH 89°5946"EAST as recorded in Clerk's File No. 2000027592, Official Public Records of Real Property,Jefferson County, Texas. COAUKENCING at a 5/8" iron rod found for the Northwest corner of the said 19.725 acre Antioch Missionary Baptist Church tract, said corner also being the Northeast comer of the remainder of that certain called Fourth Tract as described in a"Warranty Deed" from J. L. C. McFaddin and wife,Rosine Blount McFaddin to Bar-C Ranch Company as recorded in Volume 2045, Page 255, Deed Records, Jefferson County, Texas and the Southeast comer of that certain called Fifth Tract as described in a "Warranty Deed"from J. L. C. McFaddin and wife,Rosine Blount McFaddin to Bar-C Ranch Company as recorded in Volume 2045, Page 255,Deed Records, Jefferson County, Texas and being the common corner of Blocks 7, 8, 13 and 14 of the said M.C.Cartwright Subdivision and being the Southwest corner of Jehovah Jireh Village Phase Two, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Clerk's File No. 2010013195, Official Public Records of Real Property,Jefferson County,Texas; THENCE SOUTH 00°05'41" EAST, for the boundary between the said 19.725 acre Antioch Missionary Baptist Church tract and the remainder of the said Bar-C Ranch Company Fourth Tract, the same being the centerline of the said abandoned 30 foot wide street, and the common line between the said Blocks 8 and 14,for a distance of 301.71 feet to the POINT OF BEGINNING of the easement herein described; THENCE NORTH 59°03'11" EAST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 419.45 feet to a point for corner; Exhibit"A" Page 1 of 2 MARK W.WHITELEYAND ASSOCIATES,INC THENCE SOUTH 33 026'34"EAST,continuing over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 315.88 feet to a point for comer; THENCE SOUTH 58 032'08" WEST, continuing over and across the said 19._725 acre Antioch Missionary Baptist Church tract, passing at a distance of 3.52 feet the most Northerly comer of that certain called 0.1366 acre waterline easement as described in a "Waterline Easement" from Antioch Missionary Baptist Church to the City of Beaumont as recorded in Clerk's File No.2005045543,Official Public Records of Real Property, Jefferson County, Texas, and passing at a distance of 13.52 feet the most Northwesterly comer of the above mentioned 0.1366 City of Beaumont Waterline easement recorded in Clerk's File No.2005045543, and continuing for a total distance of 15.01 feet to a point for corner; THENCE NORTH 33 026'34" WEST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 301.00 feet to a point for corner, THENCE SOUTH 59°03'11" WEST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 396.58 feet to a point for comer; THENCE SOUTH 00 005'41" EAST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 262.51 feet to a point for comer; THENCE SOUTH 89 05442" WEST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract,passing at a distance of 5.00 feet the most Northeasterly corner of that certain called 0.0384 acre waterline easement as described in a"Waterline Easement"from Antioch Missionary Baptist Church to the City of Beaumont as recorded in Clerk's File No. 2005024915, Official Public Records of Real Property,Je fferson County,Texas, and continuing for a total distance of 15.00 feet to a point for comer, said comer being in the West line of the said 19.725 acre Antioch Missionary Baptist Church tract and in the East line of the remainder of the said Bar-C Ranch Company Fourth Tract,and also said comer being the most Northwesterly corner of the above mentioned 0.0384 acre City of Beaumont waterline easement recorded in Clerk's File No.2005024915; THENCE NORTH 00°05'41"WEST, for the boundary between the said 19.725 acre Antioch Missionary Baptist Church tract and the remainder of the said Bar-C Ranch Company Fourth Tract,the same being the centerline of the said abandoned 30 foot wide street, and the common line between the said Blocks 8 and 14,for a distance of 271.02 feet to the POINT OF BEGINNING and 0.3386 acres(14,748 sq.feet) waterline easement,more or less. Description based on a survey prepared by Mark W. Whiteley and Associates dated August 17, 2010. This legal description is being submitted along with a plat based on this survey (see EXHIB ). Thomas S.Rowe,RPLS No. 5728 THOMAS S;ROW•»••�•••S 5728 �Tk' WA20 1 011 0-01 R10-01 1_WATEpuNE m&hd0c q% ...FE s s%O f� UR 12 � Exhibit"A" Page 2 of 2 MARK W.WHITELEYANDASSOCMTES,INC. I I ' JEHOVAH JIREH VILLAGE z 4 JEHOVAH JIREH VILLAGE PHASE ONE �� i L 2045,PC 155 PHASE TWO REFERENCE BEARING PER Cr NO. 2000027592, OPRJC CF. NO. 2009015520 QP JW CF. NO. 2010013195 (CALL N89-5946-E 727.27') SARAH - r!- OPRJC FND NB9'59'46 E 727.30' OPRJC � � BLOCK LINE I BLOCK UME I —— — — — — — FND 5a"— — SI LOCATION w — — — —— — — — — — — — — — —— — 0——Q — —� $ R.O.W.�CEATEMENT I. R a JEFFERSON TRACT DRAINAGE 28 3 ® j I FND 5 8" VOL�!y M.o fl y' HMO@ DISTRICT N0. 6 96 69 VOL. 16 RJ�G. 190 0 I CALC. 1 NED.3 R.D.W. CORNER PROPOSED 15' WIDE / 0.3388 ACRES ��QQ Br FauMON cirY / (14,748 SQ. FT.) �0;� "" VICINITY MAP VOL. 1146 3, DRJC // Q EXCLUSIVE WATERLINE o C w Nora: Gj / EASEMENT. 'y DESCRIPTION WRITTEN IS BASED / ON A SURVEY PREPARED BY `�� MARK SW WHITELEY AND ASSOCIATES '' a ✓/� \�� ° DATED AUGUST 17, 2010. TRACT NO. 2B Va Lo O I CORNER/// 15.00, \ Cq / ME"Al£RLdVE 0 V ! �'\ I 1 ��y1+y0� CAW- PROPOSED 9rcA C. O S8r5442w 1100• \ \ ,.5 m (CORNER SEE DETAIL "B" CORER aa0 °"ter/ �I 10.00' CORNER CALC CALC. CALC. +0°° Z >, CORN R CORNER aare4 AM \ a 1788 AC4E \ m S58°32'08"W 15.01' \ \ _ g v o I� \ \ oawC I \ Caste w CALLED 19.725 ACRES ANTIOCH MISSIONARY BAPTIST CHURCH \;\ DETAIL "A" DETAIL "B" L W BRICK BUILDING CF. NO. 2000027592 OPRJC O \c TO THE OWNERS OF THE PREMISES SURVEYED \ EXHIBIT "B" O r AS OF THE DATE OF THE SURVEY \ p TRACT N0. AB �� \ REFER TO EXHIBIT "A" 1 FOR LEGAL DESCRIPTION THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY \ \ MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED CUENT; I HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME ANTIOCH MISSIONARY BAPTIST CHURCH , ��, CALC. OF THE SURVEY. oe eT. SA: scaF. SWEET No.. PROPOSED 15 WIDE CORN ORNER vEre AcAO Zoos 1"=100' 1 of 1 OF T ,roe NO. aaE,W.\2o10\10-011\ , 0.3386 ACRE '(14,748 SQ. FT) .•••'••••• �` 10-011 10-011_TATEnuKE�sc>�Nrofrc 0 EXCLUSIVE USE I O Q G1 S T f.9'•. A MARK W. WHITELEY WATER LINE EASEMENT a ••• D ASSOCIATES AN AS S.ROWS INCORPORATED J.W. BULLOCK LEAGUE •$7Z8 j COMULTIN0 ENGINEERS. ABSTRACT NO. 7 A �-A'.°xFSS+°?'� tZ1Z �I� T-E Ems° BEAUMONT, JEFFERSON COUNTY ,m F-M P. o. BU 54M Me Lam rim. TEXAS O THOMAS S. ROWE - REGISTERED P SURVEYOR No. 5728 ee►uwoxr. TMS 7"0-UN eehurosr. =,e rnoe aoo-ew-au (' aoo-eoe-fxe J RICH WITH OPPORTUNITY 111C1A,[11q61jT ( City Council Agenda Item T • E • X - A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer- MEETING DATE: January 11, 2011 REQUESTED ACTION: Council consider entering into a Cooperative Purchasing Agreement. RECOMMENDATION Administration recommends that Council authorize the City Manager to enter into a Cooperative Purchasing Agreement with the City of Fort Worth. BACKGROUND The State bids the administration of a procurement card program that meets all bidding requirements. Municipalities are able to participate in the State contract for their procurement card programs. Since 2006, the successful proposer has been JPMorganChase (Chase) and the City of Beaumont has participated in the State's procurement card program since that time. The State recently went out for bid and awarded the procurement card program contract to Citibank. Chase is extending its services under the current contract through a special "Transition"provision which ends on February 28, 2011. Programs that do not have a valid Chase contract under which they are participating by that date will be closed. The new contract with Citibank was to have begun in August 2010; however, Citibank has only contacted the City once via email asking that a survey be completed to assess our needs. There have been no other attempts to contact us or transition our procurement card program to the Citibank program. Since losing the State contract, Chase has established the Texas Payment Card Consortium(the Consortium). The Consortium is a competitively bid commercial card contract, anchored by the City of Ft. Worth, which has a piggyback clause allowing governments to participate. The 2005 Texas Government Code, Chapter 791, Interlocal Cooperation Contracts,provides for municipalities to piggyback off other government contracts. Interlocal Agreement with Fort Worth January 11, 2011 Page 2 Some of the advantages of participating in the Consortium are 1) 0% fraud liability, (With Citibank there is a liability of$50/card and $100,000 cap.) 2) late payment fees will not apply, 3) no co-op fee, 4) speed of pay escalator(rebate increases for each day the bill is paid before the deadline), 5) no Average Transaction Size (ATS)required for rebate eligibility, 6) approximately $24,000 savings in cost of transitioning to a new program, 7) uninterrupted service for another two (2) years. In an effort to reduce the interruption to our procurement program,the staff has considered this option of the Consortium over transitioning to Citibank. Considering the amount of staff time required to retrieve all old procurement cards, issue new cards, learn the online reporting system, and troubleshoot the new program, it was determined that it would cost approximately $24,000 to transition to Citibank. The savings from not interrupting our program, coupled with the benefits listed above, led the staff to a recommendation of contracting with Chase for administering the procurement card program. In order to do this,the City must join the Consortium, which requires entering into a Cooperative Purchasing Agreement with the City of Fort Worth. A copy of the Cooperative Purchasing Agreement is attached for your review. BUDGETARYIMPACT None. 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 Cooperative Purchasing Agreement with the City of Fort Worth, Texas for the purpose of joining the Texas Payment Card Consortium for the administration of the City of Beaumont's procurement card program. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - City of Fort Worth& Cooperative Purchasing Agreement FORT WORTH CITY SECRETARY CONTRACT NO. COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written below between (" ") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both and Fort Worth have each determined a need for a cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing; and WHEREAS, and Fort Worth are authorized by Section 271.102 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs. NOW, THEREFORE, for and in consideration of the mutual obligations and benefits contained herein, and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide and Fort Worth with additional purchasing options by satisfying the provisions of Section 271.102 of the Local Government Code. SECTION 2. The parties agree that each of the parties shall respectively designate a person to act under the direction of, and on behalf of, the designating party (the "Designated Representative"). SECTION 3. At the request of the other party, a party that enters into a contract with a vendor for goods or services (the "First Purchasing Party") shall attempt to obtain the vendor's agreement to offer those goods and services to the other party (the "Second Purchasing Party") for the same price and on the same terms and conditions as have been offered to the First Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is agreeable to such terms and conditions, the Second Purchasing Party may enter into its own separate contract with the vendor for the purchase of such goods or services. SECTION 4. Unless otherwise agreed between the Designated Representatives, payments for a purchase made by the Second Purchasing Party shall be paid directly to the vendor and not to the First Purchasing Party. The Second Purchasing Party shall have the responsibility of determining whether the vendor has complied with any provisions in its contract with the vendor, including but not limited to those relating to the quality of items and terms of delivery, and shall be responsible for enforcement of its contract against the vendor, including all cost of enforcement. SECTION 5. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations. Page 1 of 3 EXHIBIT "A" City of Fort Worth& Cooperative Purchasing Agreement SECTION 6. This Agreement may be terminated by either party, without cause or penalty, upon not less than thirty days written notice to the other party. SECTION 7. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. SECTION 8. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. SECTION 9. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. SECTION 10. Execution of this Agreement does not obligate or Fort Worth to make any purchase, to pay any membership fee or to otherwise or in any manner incur any cost or obligation. SECTION 11. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. SECTION 12. The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. SECTION 13. All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid,to the respective city representative set out below, or his/her designee. Page 2 of 3 City of Fort Worth& Cooperative Purchasing Agreement EXECUTED this day of , 201_ CITY OF FORT WORTH CITY OF 1000 Throckmorton Street <Entity Address > Fort Worth,Texas 76102 <City, State, Zip > By: By: Karen L. Montgomery Title: Assistant City Manager_ Title: APPROVED AS TO FORM AND LEGALITY: Denis McElroy Assistant City Attorney Entity Attorney Title Contract Authorization Marty Hendrix, City Secretary Date Date Page 3 of 3 K RICH WITH OPPORTUNITY [I I'Em , City Council Agenda Item T - E - X • A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 11, 2011 REQUESTED ACTION: Council consider entering into a Participation Agreement with JPMorgan Chase Bank,N.A. or Chase Bank USA, N.A. RECOMMENDATION Administration recommends that Council authorize the City Manager to enter into a Participation Agreement with JPMorgan Chase Bank,N.A. or Chase Bank USA,N.A. to provide commercial procurement card services to the City of Beaumont. BACKGROUND Since 2006, The State of Texas has had a contract with JPMorgan Chase (Chase) for administration of a procurement card program. Because in bidding the services, the State met all bidding requirements, municipalities are able to participate in the state contract for their procurement card programs. The City of Beaumont has participated in the State of Texas' procurement card program since 2006 with Chase. The State recently went out for bid and awarded the procurement card program contract to Citibank. Chase is extending its services under the current contract through a special "Transition" provision which ends on February 28, 2011. Programs that do not have a valid Chase contract under which they are participating by that date will be closed. The new contract with Citibank was to have begun in August 2010; however, Citibank has only contacted the City once via email asking that a survey be completed to assess our needs. There have been no other attempts to contact us or transition our procurement card program to the Citibank program. Citibank has two (2)representatives that work the entire State of Texas for its program. Since losing the state contract, Chase has established the Texas Payment Card Consortium (the Consortium). The Consortium is a competitively bid commercial card contract, anchored by the City of Ft. Worth, which has a piggyback clause allowing governments to participate. The 2005 Texas Government Code, Chapter 791, Interlocal Cooperation Contracts,provides for municipalities to piggyback off other government contracts. Procurement Card Program January 11, 2011 Page 2 Some of the advantages of participating in the Consortium are 1) 0% fraud liability, (With Citibank there is a liability of$50/card and $100,000 cap.) 2) late payment fees will not apply, 3) no co-op fee, 4) speed of pay escalator(rebate increases for each day the bill is paid before the due date), 5) no Average Transaction Size (ATS) required for rebate eligibility, and 6) uninterrupted service for another two (2)years. In an effort to reduce the interruption to our procurement program,the staff has considered this option of the Consortium over transitioning to Citibank. Considering the amount of staff time required to retrieve all old procurement cards, issue new cards, learn the online reporting system, and troubleshoot the new program, it was determined that it would cost approximately $24,000 to transition to Citibank. The savings from not interrupting our program, coupled with the benefits listed above, led the staff to a recommendation of contracting with Chase for administering the procurement card program. Because the contract with the City of Fort Worth has the piggyback clause in it, the City will enter into a Cooperative Purchasing Agreement with the City of Fort Worth. A copy of the Participation Agreement, Commercial Card Agreement and Amendment One is attached for your review. BUDGETARYIMPACT Entities are required to have a minimum spend of$500,000 to earn rebates. The City's procurement card spend for FY 2009 was $935,478, with an average monthly spend of$77,956. Based on this annual spend, the City currently generates rebates amounting to approximately $10,000 per year. In the first year of the contract the City is guaranteed a rebate level of.95%. In the future it is expected to be between .90% and 1.00% depending on the combined charge volume of all members in the consortium. The Bank will pay the City a rebate escalator of.O1% per full day of early payment, if on average, payment for the prior period full balances is received in fewer days from cycle-end than required under the terms of the Agreement. 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 Participation Agreement with JPMorgan Chase Bank, N.A. or Chase Bank USA, N.A., to provide commercial procurement card services to the City of Beaumont. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - PARTICIPATION AGREEMENT I JPMORGAN CHASE BANK.NA. THIS PARTICIPATION AGREEMENT (the "Participation Agreement') is made and effective this day of ("Effective Date"),by and between City of Beaumont,a Texas municipality(the'Participant')and JPMorgan Chase Bank,N.A.or Chase Bank USA,N.A.,as may be determined from time to time,(the'Bank")each a national banking association. WITNESSETH: WHEREAS, pursuant to that certain Commercial Card Agreement dated as of August 31, 2007(the"Commercial Card Agreement')between City of Fort Worth (the"Client')and the Bank,the Bank has agreed to provide commercial card services to the Client(the'Program")on the terms and conditions of the Commercial Card Agreement,attached hereto and incorporated herein as Exhibit I;and WHEREAS,the Participant desires to participate in the Program,subject to the terms and conditions of the Commercial Card Agreement; NOW,THEREFORE, in consideration of the foregoing premises and the mutual agreements, provisions and covenants contained herein,the parties agree as follows: 1. Definitions. Except as otherwise provided herein, all capitalized terms used herein and not otherwise defined and which are defined in the Commercial Card Agreement shall be used herein as so defined in the Commercial Card Agreement. 2. Mutual Obligations. By their execution of this Participation Agreement, the Participant and Bank hereby agree to be bound by all the terms and conditions of the Commercial Card Agreement as may be amended from time to time attached hereto as Exhibit I. This Participation Agreement shall remain in effect according to its terms without regard to the continued existence or enforceability of the Commercial Card Agreement with respect to the original parties thereto. All references to "Client' in the Commercial Card Agreement shall be deemed to constitute references to the Participant hereunder. Without limiting the generality of the foregoing,the Participant further agrees that it shall be responsible only for transactions and for fees, charges and other amounts due under the Commercial Card Agreement related to the use of Accounts of the Participant pursuant to the Commercial Card Agreement and that the Client shall not be liable for any such transactions and for any such fees, charges and other amounts. 3. Incentives. For purposes of calculating rebates, Combined Charge Volume for each Participant will begin to accrue on the first day of the month following the date the Participation Agreement is executed. 4. Notices. Notwithstanding the provisions of the Commercial Card Agreement,all notices and other communications required or permitted to be given under this Participation Agreement shall be in writing and shall be effective on the date on which such notice is actually received by the party to which addressed. All notices shall be sent to the address set forth below or such other address as specified in a written form from one party to the other. To the Bank: JPMorgan Chase Bank,N.A. 300 South Riverside Plaza,Suite 11-1-0199 Chicago, IL 60670-0199 Attn: Commercial Card Contracts Manager To the Participant: City of Beaumont 801 Main Suite 315 Beaumont,TX Attn: Brenda Dean 5. Miscellaneous. This Participation Agreement shall be governed by and construed in accordance with the substantive laws of the State of Texas, and as applicable, federal law. The headings, captions, and arrangements used in this Participation Agreement are for convenience only and shall not affect the interpretation of this Participation Agreement.This Participation Agreement may be executed in any number of counterparts, all of which,when taken together shall constitute one and the same document, and each party hereto may execute this Participation Agreement by signing any of such counterparts. EXHIBIT "A" Page 1of2 IN WITNESS WHEREOF,the parties have caused this Participation Agreement to be duly executed as of the date first written above. BANK: By: Name: Title PARTICIPANT: By: Name: Title: Participant Attestation: The undersigned, a duly authorized officer or representative of Participant, does hereby certify that Participant has been duly authorized to enter into and perform this Participation Agreement and that the person signing above on behalf of the Participant, whose execution of this Participation Agreement was witnessed by the undersigned, is an officer, partner, member or other representative of Participant possessing authority to execute this Participation Agreement. By: Name: Title Page 2 of 2 CHASE BRNK Fax:4098985190 Dec 3 2010 10:39 P.01 CITY MRY OONTRAcT No. COMMERC LAL CARDA ,t`UZMUT This Ccramamol Cord AF t (the "A ) is added to a 0' t � 200„2 between City of Fort woes,a How-Rnle Municipal Carperattson,d mad Jim Tats W. e,Poft,and Wise, Cures,Texas(the"Cliem and JPMOrM n Chase Bak NJL(the"Banf1P')a A869 al banking aasocia ca. Commencing an the dace of this Ate,the Same ud the Clieta'havby Wee that the Bmk wM;vovW the COMMMeld Card Ptr pvra,ea hmumi}er deflncd,ad to Client may participle in the Prop=s dgw to the terms and condidm of this,4greentem L IWndians.Terms deft nd in the singular rhali kdude the phral advise versa,as tlta coot x6*&ts. "Am a CoW means the near klegtiSCatia®co&and pesswmd aw*ad to iadiv&zb wed by the CUeK for use in ooitnection with.ft Prom or the Systm aAt unt" mum the Visa or Magid account number an*ed to a Cw4bcldtx =Ucr the Client,the related woowtk abd a W Card bearing such secant nWbw a Att 4eQl#Limit"tests the now IWI for as exteasiar•of cmdit for an Account the . from tip to time and wcepeed by Beat ��by "Agrearuettt"means this Coatane dd Card Agremaeat as it may be amended b m t=to timer. "ASa da>ioB"meadti edW h Card at VhL "An&wbmd Usee means imdivWuds authmmmd by the CHIM to ACCESS aml un the Program alnd Sy8amtn. ":gauge DW MW a day ate a}hich both the lathe ad the Federal Reweave$ate ame apen fir bps. "CAW Mans a visa or 3ubIMCard card that is bstrsd by the Bast with izepext to aft Account. "Cad Beggat" means a wrdtm ar alo Wan ugundtal fitamn the Meat,regnesft the Banc in steam a Cards)or amabitab in A000wt ga *Cordbnt W meas(i)an individual in whom nemte•a Card is isw44 ad(u') my odd ampioyee, ookw, dbUM Or pown Whorized by Ste Clkmt ar nand CudhoWe to an a Cud or Ate. "C krdboWer Avvenar maw u asmemW betwem tt Book=4 a Caid4k, a amtstded Am tress to emu,SOveming use of an ACCOU . "COO Tramutia Madde" fc TM's tuts a Sych m ittol used in comecti m with an pma eeia& maosgagme&-and approval of crib Mmactiow. *Convenience•Cieecb*mesas a WN*writtou against as Aaconrrt. "Cantmct Doeueaattts" mom this A$Mwm ad In ct)njt nWon vMh City of Fort War& RFP No 07-0068, Added#1 thereto, sad Back's PMpciettt wbm Md in respaatea to RFP No.0744- RFP No.07-00% Addend=iii tlt=a,and Bank's proposal are each inowpotued herek by this refereuee. 'TIOnt Amt"means the account of the Client hOD which the otabWft,bates of alt Amounts ere aggrepW and Ibr w IdCb t1tC Client is liable, uClieat.Vendor"MOM tt travel aWt;travel y or any othac veadar of Client vl&oftd by the Client to ktunge'Tra MW=s to ast Accanut: 1PM%-Vm c9me Beek.NA. Pe;a t of 16 CHASE b'RNK Fax:4098985190 Dec 3 2010 10=39 P.02 "Corporate Uabldty°'maa¢ts the Cliwt is habit for ail Boras an on Account and meb lbbfty dAR be as agreed to by the patties and r lected an the Bank's re a and mWeaet i o this Aavanent, "ereft Limit" teas abet appgc limit evablishad for ao paatea8m of ac&that tho Barad;may antb Ww b connection wide"Praga!sam umda this Apeament "Craft Leas"mcm aIl mounts,M' dludWsS�reed collemon coats,dot#to the Elwk fan oenmctioas with any Account that the Bank has written.off as;Tw-olio Mle,=left Brand Lasses. "CytWt masts the monthly period oft on the am day ftd moth,or,if ft day is mg a Busbam toy, dm the tollowittg i3assiaesa Day or preceft Bnsmw Day,a systams may requm or such other paaW as dw Bank may q*ify. *Fnvsd 14ow"moms aU mwo due tD the Bak is comDeaft with sexy Aacaamt that the Bank haat written off as uuooRwdb1e aaa a r=dt of coat A=oft being lost„ stolen, >sz*)pmMimd, kWaWIy used or COMPMised 'latera wball T aefim" means aq Tumsa aian d*is rnada In it mmmy odw than U.S.dogs or is matde in U.S.dnU=owd&oldie CJaaited States ofAtaaa:dm "MCC"means a M Cae*my Code ad by Visa or MnkrCud. "Leeaea"mesas ell Credit L osaea mad Fraad Last. KBUR tai' maaau the Dame, teem aaaDa, and *A ra gi Wed, or ur4dowed savioa metlos of the C1imt, die Aao4stk m and the Book "MaeparCAW ma=Ma*rCatad Int=V4oaaal,Inc. *Program" means the commercial card rys m dosed of Aoavuuda, Card-use: cattral% and zed to ft"O to papa of grad paynmote fw, baaysimess pods and Mview eaablidod irs anwAm wkh the C u act Documents. "Programs Admbdw wO meaaaas sae hAvidatel wAborized by the Mast to pnfoafrm va>riaus admmj*Wa and Utwity limt,`dow is ca mwdion vft that Program ud Sya:tem. owe Meru the oamduk dwoue witich the Client cm ac ews Aaxxmmt and Tramsa edw dam sand next. "TraMudOO means a p tzse, a c a& advance, am of a oomvgn ows Check, feat, or amyr Cher' wdvity dW rataa>.tm in a d"to om Aemmit °Vicar"tts"M Visa U.S.A.,Inc. 2. Obltgarto rs q'tlja Bank Ira cmuctica with dare Mw"PW&4Wft is the PraoV*n4"Bak ahailr A. Batablisls Aaeeow to w d wbwe sapplkabie is=Cob wkb oath a gmbilities U Mq be edea W by doe Mon and agreed%by the Batik 2=terse to time. ft Cab ad my C&Vboldra'gum=wall be daGvwad to a U.S.attdm of 1W Client or Coftidar mlesa oftrwiac agtuExl. Tine Accama'ta arse rat-lhmaffiaable and aora•a 4pMbbk. Tyne Cards sal"mok the palope V of r3ae Back. B. Thar Basic may i0resti99e tlw identity of tt Chart ad nosy proposed or=Wing CmdwWw by ob%=* va*f aL wd recording peagcs W W=Wyiq imfcrmudak am may if rameomubly neca wy obtm a a h won*=third patties. C. Make available to the Clieent any aorpor o Hability vtaiver cavne W exb=da3 by Visa ar MaMrCerd in ooh with suspected employee mieaaao of an Aoaoaat. 7PMOt�ana Soak.N A. Pipe 2 of 16 CHASE BANK Fax.,4098985190 Dec 3 2010 10:39 P_03 I Obifga OM Of the C&M4 in cm=tioa with tie;PrmgtM the Client sbatl: A. tweet a miaimwn often(10)Act in cannwdo with the Pogam by=banfitdttg a Card Request. From tame to t;tnc the Client may sub aft to the Bank a Cad Regret form iar uftoasl a&*. the Card Request aball be in a foam waved by the Bank tdtall inolade all kftmada nquked by the Bank sod shall be ac tad by such"Wenoo of aut a ty for the Card Regnasc as tote B=k may regWm.All Card Rapasu shall be delivered to the Bank in a senora,a ypted,at psaswotd p uamW rum or by sock other ntemod as MW be mutiny agreed m by dw pmtW&By SW=ttmg ay Card Requeat,tk CFW up=am to the Bank tW**iuft�awtained ftreja is with the Cheat's ovn teoords awning the listed CW&Older or amity.The Cheat rcpnaersts dart the Ca*ad AcooaM to be tweed ad eras tard Haden this Agreement are s¢bseittmes far woepted cardt and accotatts, at will be wu& and Umd crdy in re*oese to wntlen tequaft or applications foe' such Cards of Amts obtained by the Gloat Pram the proosp xtn CM&OMM in am dance with Serdoa.225.12(a)of Regulation Z of the Nde al Trout in LamUng Act. ra Chant shall retain such appliratim(papa cr elecacai0)for say Aaowd whoa sack sppdimaion is trot ptttvWW to Elie Bask,'lbe a i?aiad of twenty*-jjva(25)mmtb aft the application hu bow received gad acted tow, The Client agrees to uw reasonable semarhy pmubm to aegtt d Accn=in mat►veldt tk**Mr,use, and distormhegtion of Ac munts. B. Not*rat Ca*aldvr*M dwAmumb ant 0 be used only for business prepare$acsasvg=vv&the Client's.esrablidied policies. C. Clearly dMaelm to Oath of tits tMrtllsohlats the teeters, if any, to wbieh the Beek wilt pmido TM=Kdon and Aowaut Womugan to third perrties.. D. Make C=MMTWIy rersamable dfbM to () Mabbin a► proem easubs dm and acme M min*m a ust of ail bushm=Mchase ttvasactionr to its+CerllhoMw4 Cal not maW the Credit Limit or pesmdt Cat&okkrs Ip exased tho Account C m t Umits,and(iiQ 0oiiect and destroy any Cords it 40 logger ragyiMa m connection with tills prrovam. IL hMuu lately no*she Bak ofsaty Arcatrtt for vahlah tiro client m lamer bag= F. 1mmdist*w*the Bak by phm of my Ammtmt&M the Clint knaves or suspects bras beee last, lY used or cats . G. Campt, with all rcWffwmu Of atsy coMMUM li"walva,covarae.-Any bah= o Utw&g auociW4d wish an Accourn fbr WhA a coqxnb habfty waiver is maqussied than beome faaeed W*&0 and lle- R. Nodly the Bwk of any tba Client dl wj&ja si7n:ty(60) daps of fire Met day of*e Cyolo dorm which such T=WdM is chwged to the Cliaat. The cling-MII.ftoft..idly re.eou" O f0ft to raster the Bonk in aftempft sa obtain ream fim the Marro. Tye Bak wM rtes ooammaaarialtsr taegaoastblat effaarts tb #k Ckaot in art tmg m the bdet had# PWVM4.waver,tba CUM WAMOI&the no w3.be Smod for Tr=ue ms r+et,Wng ftom A.ccc=anew whare a QMIM KI nmt a IS pM aathomad OUR QMd ar I&=time is no Cord maocltm d wish vxh Awm= The Client or Cacdb"r sleep not be tvslieved Of l sbtlfty'ke any dis}s W Tmasati n k-the chlfPbw,k 4 rvjWW& The Sault shall not be &ble ft any Tinnaacdom vrhere notice of the disntW Traassotion is mc+etved$arn$9 Client molts than sixty(60)days atler the last flay of the Cyck dttrlag which such Tauftdft is cha vd to the Client. 'The Cheat sMB nac mama a t imm atgt<ieat the Bmlt or re w to pay MY mount beca m the Client or the person using dm Card may Sava a di"with arty lvlerchaut ae to the goods err services purdumd tom such Mwdu*which hu hanared the Card far that pear ase. 4. .41gbabli r of tho climt A. Regatdias of nay ead�lnisbed Qv&Limits ar Acoaudt Credit Limits, the Client•s to pay ad petfo>1m when at 91 of ins abli8nt;,0114 kchxbg WbhO%tintitodon: 7P& art are Not NA lie 3 of t6