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HomeMy WebLinkAboutPACKET JAN 11 2011 (02)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. 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 Tem 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 Tem 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 Ingrid Holmes Committee 01/11/11 11/15/12 Sandra Womack Police Dept. Community Advisory 01/11/11 01/10/13 Raymond Ambres Committee 01/11/11 12/18/12 Abe Roman Police Dept. Community Advisory 01/11/11 01/10/13 Bessie Chisum Committee 01/11/11 12/22/12 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 - 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. 20 0 88\ .C=2 § _�. BE a (� ) z of 0 a� U K §o 2 c QE § ■ m_ ■g _ � 0§ CL 40 / 2 ■ 0 � X co 2cn �2 v2 ■,:A0 o ■ o 0= o 0c E/c atf2 � 88\ .C=2 'B _�. BE a (� ) z of 0 ;m���■ U � 88\ E' z8 K 2 c QE § § m_ _ CL 40 2 _ � o 2cn o ■ o UA E/c E ® 0« 8 o �2 § � e 8 o CL ■ § N C v � ® Ck. @ 2 w e $ : \/72: �\\}/ ■ .. .. \ } 46l c & 2 z 0 E ■ � o a. �. ® d - z 2 cCL _ £ a� � ok§© % Lu - © _ E >u � ci Lu 0c 2� ■ §■ §® 20 0Z k2 ■� E� § noD z§ 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 - L#1 RICH WITH OPPORTUNITY 11 r A111 1�1 0 11 * T - E X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer January 11, 2011 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 Conshuction 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 MPACT 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: ; and, 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 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: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer kl January 11, 2011 Council consider authorizing the award of a six (6) month contract for liquid chlorine. 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. IU, oz - 5 z og �o mZ FN Z 02Z m Q LL = OV w v n. m c .c e� C d L v a 0 .Q :mF mmm V .g J .52 o N 3 � M d � O � M _ ww OZw mw O mm� eta .0e 0 e� C d a 0 :mF mmm V 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 [11CIA11111011* T* E 9 X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: u City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director P-0 January 11, 2011 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. 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 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 6640 INC STATE OF TEXAS X COUNTY OF JEFFERSON X 2011. 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 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°05'35" 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 54005'35" 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 85058'45" 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 40044'24" 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 THEDAY OF March 2009. f 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 6DTRE PARCEL EXISTING ROW LINE PROPERTY LINE CALLED 0.1125 ACRES CALLED 0.791 AC CRi TRATRA(CASTLE GT T ONE TRACT TWO SURVEY LINE CASTLE COUNTY LINE CF. �P2R0699633 �8NOJC . R030pD0ZZ�ERLP. M5427 CALLED 9.10 ACRES TRACT CFEBNO 2Ypp2pb06443 DFr 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. MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P. 0. BOX 6492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77728-6492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1348 ON■ P.O.0 PARCEL 60 FND. 5/8" I. ROD EXISTING TAKING REMAINING ACRES ACRES S.F ACRES 9. 7785PARCEL 60, 0. 2505/( 10,911) 9. 5280 „0„ 1181HX3 0 0 Z d N U cn a r` z C"'' O g U W O0� (n QC7�� C) (If Co Ld co +d o� n W L� �� p (U e w=NO '1 O > p�(U. 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CL O = WO� M Z dI 0 � It ¢Zz W O Q' r U LLJpjVOi-ONd C.7 Ln O Np(FN�" cDU ^�UZO� ' D�CO� (n 0- O ¢ LL Z o t- 3 O6 W a Z� U v C) J C) 00+ � o (U sc'os+czz Od W �p � Z rY co � tn rn J pp cU�v of o I+ CU � cl, t u C.0 Lo N/D, z ;- :14 0) u� O NMp��O�('7 ui II � Qol�nn�Ch e OLU V M ON o 05 m m of Z Ly (Y) od (Y) J i -r II Ln U 0 QIYF-JUfI RICH WITH OPPORTUNITY [1EAitilicill T 9 E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director PD January 11, 2011 Council consider a resolution authorizing the acquisition of property. E 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. (5670 Concord Road) Value: Owner: Bigner Survey Abstract No. 1 $2,000.00 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: XHIBIT_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 81029'55" 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 77051'59" 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 80001'58" 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. P 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 3.9059 ACRES LAND MANOR, INC. PROPOSED ROW LINE AIARCH 10, 1994 CF NO. 94-9407991 EXISTING ROW LINE OPRJC PROPERTY LINE ti — SURVEY LINE COUNTY LINE F. BIGNER SURVEY ABSTRACT NO. 1 P.O.0 PARCEL 37 FND. 1" I. PIPE CALLED 1.283 ACRES . W. H. WAII(WS JR. et al OCTOBER 26, 1999 CF NO. 199904116 OPRJC CALLEO 3.151 ACRESI WAUACE A DOMINGUE, et ux AUGUST 13, 1974 VOL. 1844, PG. 277 ORJC I P.O.S. 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. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES 3. 9059 PARCEL 37, 0.0168/(733) 2.6462 P. 0. BOX 5492 3250 EASTEX FRNY. BEAUMONT. TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-692-1346 EXHIBIT "B" „0„ 1181HX3 rn 0 �- D N O J U � �NN -q- o CO w of C) > rn N r)z F --I LU aw ir, m� C Q O - W � U �( w -��� d CU w w Q ONO CD �_ ui co ci to 2 2 g U Q o p_ O U w LU u J J � p3 v u Spa �, 00 L t 9�a4 p3032p,E sSpp 09 0 w d N o � J �S Lli 0 Q N M N + o O 0 O [O a1 P7 Cp Od• I'ON- _ �V�� . 4 Z U) ZD 0000 d 0 U ?a. o ooai' �. Z L8'Zti+l8t I O (Zr! O rn � U 0 N GAU� Idz W 3 wo Z Q Z Q_N Do U Z J N co 0w an d ! RICH WITH OPPORTUNITY [11'LA,[111C111 T- E- X- A- S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director P9 January 11, 2011 F 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. 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 12011. 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 right-of-way line of Concord Road, said comer being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 35018'35° 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 35018'35" WEST for a distance of 1.90 feet; 2) THENCE, SOUTH 54°3344" 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'd DAY OF APRIL 2009. I 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 o✓ NAZARIO LEDEZMA & ANGELA LEDEZMA SEPTEMBER 5, 2008 aj CF NO. 2008031560 / OPRJC 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�OF'' ACCOMPANIES THIS PARCEL PLAT. /`P•rc'`e C]: z- 3636 MARK W. [h1HITELEY AND ASSOCIATES INCORPORATED rSULTING ENGINEERS, VEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77728-5482 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1348 EXHIBIT "B" CALLED 0.46 ACRES TOMAS C. SARBOZA, JR. NOVEMBER 18, 1998 CF NO. 9843111 OPRJC CALLED 0.549 ACRES JAMES R. CALLAS NOVEMBER 22, 2004 CF NO. 2004045685 OPRJC A. WMIJAMS SURVEY ABSTRACT NO. 385 EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 0.46 PARCEL 19, 0.0188/(820) 0.4412 „0„ 1181HX3 0 Z o � Q U N rn d c a Q p N o� ,�` E p Lq oNw�p tjl �' di � w � 0 =0 �d LL- o ryLLl ¢�oLL. V) r- Joo o = wC Z O 00 o + n o =CL cu LO z V) O .o off (,69 -DZ M„6Z,SC.KS) a p ui X w ,LTt Z M„99,8 L .SCS a m I 7 rnw oo .-. Z -LLI N N N w �'- CL- i�v, O Q U 0000 0o Q N Q m 0000(n _p CL - rn d o .- 061 -t( -)- � < M w W -O C d N m m w � O o C:) -C,4 CL Of �� O p oUMZ� stn z Utz O �`n nLo � ,98'S�Z 3uS�,8l.S�N L ci SS'S�Z 3„S�,8L.S�N O � -C:)(,,S8'ZbZ 3„6Z,9C.2CN) + m M H LLJ,- c� ” o + o N Q<Ea-L ¢,o M oCL � LL - i D . Lr) QQ�Ln :Mc:) Mr— U L- N N W n wpu-j0 Oou Q Q) N� o J�o� N OgMLLJ C:) ��wo .- �ZaZ V) L) 'o rcla N Q ck� Z ai ai O� Q O. 0 o X� Z 0 W �ad 0� NdWlO�l ZEN o00 co 0 U N � r- N J J J RICH WITH OPPORTUNITY G [IEA,111�1011* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager d 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 801 Main Street, Suite 300 Beaumont, Texas 77701 EXHIBIT "A" Ken Miller H RICH WITH OPPORTUNITY 11EA,11M011* T- E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director PA January 11, 2011 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 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 WTPRTECH LAND SURVEYORS, INC. November 11, 2010 "Recognizing the landmarks of the past .... setting our foresight towards the future' EXHIBIT "A" Page 1 of 3 Richard L. Worthey, RPLS J.L. Sires, Jr., RPLS 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), from which a 3/4 inch iron rod found bears North 02 deg. 41 min. 43 sec. West 10.00 feet; THENCE North 86 deg. 47 min. 50 sec. 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 corner of herein described tract; THENCE North'86 deg. 47 min. 50 sec. East, a distance of 364.28 feet to a point for comer 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.com W,-PjRTECH 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 corner 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 BEGINNING, 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.) N EXHIBIT "AIT D.R.J.C. F PAGE 3 OF 3 JEFFERSON COUNTY �9 EXCLUSIVE CITY FIRE WATER LINE EASEMENT FND 112' . IE CONC. WATER LINE EASEMENT I. ROD NOTE: 8727.7 SQ. FT. 3 ALL BEARINGS ARE REFERENCED TO THE TEXAS EAST CASTON ST. a°, COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE (60' R.O.W.) $ v 4204' (US SURVEY FOOT} ALL DISTANCES AND ACREAGES PRO FND 618' ARE SURFACE WITH A SCALE FACTOR OF 1.00007 APPLIED. S1 0' 50' 100' 200' J.�RV.13 SIDEWALK SUBMITTING INFORMATION: A SCALE: 1 =100 BEAUMONT INDEPENDENT SCHOOL DISTRICT W - SOUTH PARK INDEPENDENT SCHOOL DISTRICT L12 3395 HARRISON AVENUE - BEAUMONT, TEXAS 77706 10 ACRES L13 ATTN: ROBERT ZINGELMANN 409175017 VOL 185, PAGE 327 L4 rn n D.R.J.C. F NO3'12'10"W JEFFERSON COUNTY M.R.J.C. MAP RECORDS FND 112' . JEFFERSON COUNTY CONC. WATER LINE EASEMENT I. ROD PLACE OF COMMENCING 8727.7 SQ. FT. 3 z EAST CASTON ST. a°, STREET (60' R.O.W.) $ v SET OC" N8712725"E 1.30' FND 618' S88.4T50"W IN CONC. L9 I. ROD J.�RV.13 SIDEWALK NBB'4T5O'E A L11 L4 b L5 7 VIM= MAP N.T.S. ABBREVIATIONS VOL rn n D.R.J.C. DEED RECORDS NO3'12'10"W JEFFERSON COUNTY M.R.J.C. MAP RECORDS EXCLUSIVE CITY FIRE JEFFERSON COUNTY CONC. WATER LINE EASEMENT POC PLACE OF COMMENCING 8727.7 SQ. FT. PLACE OF BEGINNING z 0.200 ACRE ST. STREET z y L7 S03'12'10"E 0 L8 S88.4T50"W 4 Ct' No' L9 SO3.12'10"E J.�RV.13 L10 NBB'4T5O'E A L11 S03'12'10"E W - SOUTH PARK INDEPENDENT SCHOOL DISTRICT L12 S88'4T50"W 10 ACRES L13 SO3'12'10"E VOL 185, PAGE 327 L14 S86'4T50'W D.R.J.C. b L5 7 VIM= MAP N.T.S. ABBREVIATIONS VOL VOLUME D.R.J.C. DEED RECORDS NO3'12'10"W JEFFERSON COUNTY M.R.J.C. MAP RECORDS JEFFERSON COUNTY CONC. CONCRETE POC PLACE OF COMMENCING POB PLACE OF BEGINNING R.O.W. RIGHT -0F -WAY ST. STREET LINE BEARING TANCE L1 NO3'12'10"W .44' L2 SBB'47'50"W L3 NO2'41'43 W ;354.3T L4 N86'47'S0"E .28'L5 SLACK S OF COLMMADDITION 503'1240'E 99'L6 N86'4T50'E 0' L7 S03'12'10"E 10.00' L8 S88.4T50"W 6.00' L9 SO3.12'10"E 341.20' L10 NBB'4T5O'E 5.00' L11 S03'12'10"E 10.00' L12 S88'4T50"W 5.00' L13 SO3'12'10"E 123.25' L14 S86'4T50'W 110.00 JOB NO: 12009-010-02 WPfRTECH LAND SURVEYORS, INC. 7999 Gladys Avenue, Suite 102 Beaumont, Texas 77706-3109 Tel:409.866.9769 Fax: 409.866.7075 EXHIBIT "B" THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY MADE UNDER MY DIRECT SUPERVISION ON JUNE 14, 2010, AND IS BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE DESCRIPTION OF THE PROPERTY SHOWN HEREON, WHICH LIES IN JEFFERSCNICCUNTY.TEXAS. ON �� L10 L14 -LI1 IN CSC. DRIVE SOUTH PARK 9®EPENDW L12 SCIS DISTIOCT (VARIABLE WIDTH R.O.W.) SLACK S OF COLMMADDITION IN CONC. VOL 346. PAGE 668 DJU.C. 12 ^13 I. PIPE _ 3 JOB NO: 12009-010-02 WPfRTECH LAND SURVEYORS, INC. 7999 Gladys Avenue, Suite 102 Beaumont, Texas 77706-3109 Tel:409.866.9769 Fax: 409.866.7075 EXHIBIT "B" THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY MADE UNDER MY DIRECT SUPERVISION ON JUNE 14, 2010, AND IS BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE DESCRIPTION OF THE PROPERTY SHOWN HEREON, WHICH LIES IN JEFFERSCNICCUNTY.TEXAS. N 86.4750' E 358.717 © L14 N 86'4750" E 932.18' IN CSC. DRIVE VIRGINIA ST. FND "m' (VARIABLE WIDTH R.O.W.) IN CONC. E" FND 112" I. PIPE _ 3 CORNER NOTES d S 1Q SET 'r IN CONCRETE SIDEWALK FROM WHICH A 314" v IRON ROD FOUND BEARS NO2'41'43W 10.00'. JOB NO: 12009-010-02 WPfRTECH LAND SURVEYORS, INC. 7999 Gladys Avenue, Suite 102 Beaumont, Texas 77706-3109 Tel:409.866.9769 Fax: 409.866.7075 EXHIBIT "B" THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY MADE UNDER MY DIRECT SUPERVISION ON JUNE 14, 2010, AND IS BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE DESCRIPTION OF THE PROPERTY SHOWN HEREON, WHICH LIES IN JEFFERSCNICCUNTY.TEXAS. 1 RICH WITH OPPORTUNITY lEpi[111011* T• E• X• A• S TO: City Council City Council Agenda Item 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: MAP, I// N � - �ae�4r L sCer4 Title: S 7 c C - ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JFFt-FtX BEFORE ME, the undersigned authority, on this day personally appeared M a rvi n 1k5 -o d, -FIrtofr-t- 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 I(v day ofcue 2010. Notary Public, Sta of 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 EXHIBIT "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, Oficial Public Records of Real Property, Jefferson County, Texas. COMMENCING 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" MARKW WMITFLF.YAND A.T.WrIATFS. THENCE SOUTH 3326'34" 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 58032'08" 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 33026'34" 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 0005'41" 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 8905442" 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, Jefferson 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 Thomas S. Rowe, RPLS No. Exhibit "A" MARK W. WHITELEYANDASSOMTES,INC. of o a 0 OR „8„ 1181HX3 N388V /N 94 a4 Uj All, 4- 0 E+ m a / �CL _ WID d Z E-+ EZ y N �' C W� _ \ / 'Q 410 .�.� f�7 V t; W z�J^ / E--; cs. w a > a3� `/`W� x F d C a 'n :,c`�iaW O M Ota ZV Ch ZOO D p 00T=„ I77,V,9S ll Ell 03CA u Zo bd$� all ,AD 3� foo w W /� v O a d ooe oe LCZCI O 00 v ~ 1n� �W 0 InLO 0 / 90� �0 .a gy p"p z -i }� / ti � WIZ N�¢ sw, tn 000 Q ti w 2WWi�i LL Q �•N�: ; OQci 0 co IW IoW cl USW W >.WW w � W Ln 1\ W o Alt cnN 2 , 00'9I —n T5'2'90 a„T-6,90o00S � ------------�- . Tb'IOE S. Tt90.00S-----------2Q' - ® 012!0 'SSZ 'Jd 'Me 'M4 a - - ANVdwoD y:)NV4y D- roe T1YJ,3a EYE �' 11X]11 LII]!/1J J/1 umnAfMW]v J RICH WITH OPPORTUNITY IIICIA,[114611T( T• E• X - A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer �L January 11, 2011 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 CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth, Texas 76102 By: Karen L. Montgomery Title: Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Denis McElroy Assistant City Attorney Contract Authorization Marty Hendrix, City Secretary Date Page 3 of 3 CITY OF <Entity Address > <City,State, Zip > IM Title: Entity Attorney Title Date 201_ L:1 RICH WITH OPPORTUNITY [I I'Em . � T - E - X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer January 11, 2011 Council consider entering into a Participation Agreement with JPMorgan Chase Bank, N.A. or Chase Bank USA, N.A. 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 M911WMY OONTRAcT No . COMMERCIAL CARDA , BMUT Thin Ccenmamol Cord Agit (the "A ) is added to a0' t 1 200„2 betwm City of Fort Worth, a How -Rule Mw id o Carpo7�ion, d ma ad Jilt Tisa ft. botM Patic+er, and Wine, Coming, Texas (the "Cliett and IPMcggan gases} Bak NJL (the "BsnflP') a A869 asl banking aumadon. Commencing an the dace of this Ate, the Same ud the Clim'havby Ww that the Baatk wM pnavide ea Commmaid Card Ptr pvra, as harchutiier deflncd, and to Client may paft4xd,a m the Prograacn subject to the terms and condidm of this A greeamm L IWndia m. Tcnms deft nd in the singular than int rude tha pharal advise vasa, as the wWw j6*&ta. "Aam CoW means the neer k1wiSCation amW and pesswwd aesigW to iadiv&zb suit ed by the Ciietd, for use in oottnection wire. tate Prom or the systm "Amunt" meso: the Visa or MaswtCard account number an*ed to a Cw4boldtx =Ucr the Client, the mb ted acaowtk abd any Card bearing such secant nizt bw *AtuaW treft Limit" mem the now IWit for in extensiao-of credit for are Account ape 4w by the cH t from tip to time and wcepaed by to Beat "AgreMeat." means this Coamne dd CWd Agree as it may be amended bom t= to time~ "Aaeaa a" means edr hfiswC rd at VhL "Aatti wbmd Usee means m vWuds authmm and by the CHIM to access amd un the Program sued Sysn. 'ADWkW Dry" mea a day alt which both the lank and tate Federal Reweave $std ane open fir bis. "CAW Mens a visa or 3ubzWCard card that is bst od by the haat with x to aft Account. "Gad itmggast" means a wrhtm ar alw ore ugun til firomn the Cheat, refines ft the Banc in :aura a Card($) or edabttab in A000tmt(s}. c'.Cardbni W meMs (i) an individual is whose nwe-a Caret is ieeueci, sod (h) my odd ampioyee, offkw, dire=, 0rpGWn V36mized by the Clkmt ar napes Grdkotder to un a Card or Ate. *Ckrdhalder AVVeMOW :acetas W agMEMeut t etwan flu Barak =4 a Cud4k, u amtaaded fiM tress to 11M, lOVerning use of an ACCOU . "Cath Tra qta Madtde" MTM no�lts a Sych m tool used in camale a wn pmaeee9ag, mansgeatent, -and approval of crib trumcdow. *Convenience •Cirecb# memos a check writ m uphW ara Amconnt. "Contract Doeuemamts" mom Wa A In ct)njtma:bm frith City of Fort War& RFP No. 07 -Wk Addembim #1 dwroto, ad Bank's PropaW wed in regmae to RFP No. 0744- RFP' No. 07-00% Addend= #1 theta, and BaaWs proposal are each inowpotued herein by this referadee, "Cliatat Amme means the account of tate Client hOD which the of ng balm= of alt Amounts are aggrepW and fru which the Chant is Hot—, uClieat. Vendar" mom a travel agent; travel &SMq or say *thee veadar sof ClieW p1timrized by the Client to Tra ndi=s to asr Account IPM%-Vm Cie BOOL NA. Pe;r 1 of 16 . . CHASE b'RNK Fax :4098985190 Dec 3 2010 10:39 P.02 "Corporate Usbldty°' metaatts the alwt is liable for ail TY'& madoras ora on Aa=W and meb liMAW shrill be as agreed to by the parties and reBected an she Bamk's ret* and subject i o this Agreement, "erect Licit" at %w dm appgr limit esWbWW for tsa aamm of ac& that ihaa Bsaak may anMatze M commotion wide osis Praga!san unda this Apsament "Credit Deas" mama an =oumts, mctadWsanQ' re�lated eaHemm costs, dw to the Eluk m oonm uoas with any Account that the Bank hats wri ten of as aaasco ale, =left Brand Lasses. "CytWt masts than monthly period oft on the am day eaob to ck or, if ft day is mg a Busban thy, dm do following i311ptwu Icy or p receft Bnsmw Day, w systdms may requm or such other paaW as the Baan may q**- wp 1 " mom ala mwo due m the Baulk in commeaft with sexy Aacaasuat tlzaat the B Mk haat written off as anaooRwdb1e aaa a r=dt of rapt A=oft being lost„ stolen, >sz*)pmMimd, kWaWIy used or COMPMised 'laeerawoosl Tra�sa a ium" meccas aq Ttamescaicrs d* is mads In it tsurrency odw them U.S. dogs or is matde in U.S. dnU= outd& of die Clashed States ofAraaedm "MCC" means a Maw Caeegory Code ad ted by Visa or MasterCard. "Lesagar+► mesas all Credit L osaft mad Frmd Losses. "MarW Mau do name, tram and *A regisWed or ur4dowed l avw mobs of dw C1imt, die Asso4stk m and the Basic. "Maa>,parCAM" ma= Ma* rCatod I *=V400al, Inc. *Program" means the Acis! acrd rys m coaW ed of Aoavusda, Card -use: caatral% and zed to ft"O to pia of orad pwflm to fw, bu=est pods and Mview esablidod its auw* m wkh the C u act Dnaumftts. "Program ArimbdwMw°' mew sap hAvitiasal wAbmzed by the Mast to pt>i k m vaarm admmj*Wa and utwity dams} is ca mwdiat w t the Pros= ud Sya:tem off» veru the a mduk dwoue wbich the Client can access Aocm= and Trara$a edw dam w d to pxt. "' r%MudoO maeauas a pattzse, a c a& advance, nae of a aemvpe owl dock, f6w, abor mry odw wdvlty dW reaautm in a to om Aemmit "Vicar" tts"M Visa U.S.A., Inc. 2. abltgarto rs hilae Bank In cmuctica with dare Client's PW&4Wft is the ftVVn4 "Bak AMU - . A. Establish Aaeeow to w d wbwe sapplkabie is= Cob 'ami wA agmbMn as mq be edtx W by due Cocas and agreed % by the $atilt 2= test to time. Aatp Cab ad m' C&Vbolft SUM= wall be dmGvearad w a U.S. attdm of afae Client or Catfaidur mbesa ottarin agtuExl. Tlae Accuumu arae taori-ittmallhble and Samek. 11w Garda the psopartlr+ of r3<e Buck. B. T* Basic may imre4199e than iaWQ ty of tt CFM anti easy .proposed as =Wing CmdwWw by ob% va*fm tasd mm*n pa=W Wim& bfarmada k aW may if ratpaeoemably MMWy o&ak scan& mon &cm third patties. C. Make available to tine Cheat any aorpor o Hability vtaiver crvve W exb=dad by Visa ar MaMrCerd in ooh with vlspected employee ratitaoao of an AoaOwL 7PMetsana Sank. KA. Pipe 2 of 16 CHASE BANK Fax.,4098985190 Dec 3 2010 10:39 P_03 I Obifgp OM Of the CIAVA In connectioa with tis; FmgtM the Client shaft: A. h&iaW requat a miaimwn often (10) Accounft in connection with the Ptugam by subudttntg a Card Request. Ram. tame to t;trha the Client may sub aft to the Bank a Card Rem form for sddir onsl a&*. The Card Request aball be to a foam waved by this Beak dhalt ins lade all h*MWAM regchv d by the Bank ad dt U be ac tad by such evidestoo of avdw ty for the Card Regnasc as the Bwk may regnm. All Card Requests AMU be deRvarad to tlhd Bank in a am, agetypted, at pmwot'd ptawW format or by such other meffi d as mW be mutus* agreed tto by the pm tW. By sebmftkg ars Card Rik tk MW rhtp=anw to the Hawk tint fhe Mwmda 00UU& ad dweis is =dst t with the Cheat's ovn maords moming the listed Cw4bolder or adty. 'The Client rrpnaerrts that iha Cards and Acounats to be teased ad mad andw t& Agsbensent are sobstituoes far awapted cards and ace wbro of will. be seta& and used asdy in t+a*onse to wnthm requeaes or applica dads foe' such Cm* or Aamm obviod by the C ftt kaan 1M prospetivo C,aadholdm is eoombace with Section 225.12 (a) of Regttladan Z of rase Nde ad TMt h in Laxiing Act. Tip Chant shall retain such appiirat m (papa cr elect *66) for say Account rtthea sack gpli=don is htot Wiled to Elie Bmk, ft a paiad of tw aty-fiwa (25) mmtbs afar the application has bow received rad acted tit. The Client agrees 10 use reasonable security pts to safegtrepd Asxo = its mat► whit tk* of nr, use, and dissemneetion of Acoohhnts. B. Not* sub Ca dboldes tit the Aowwa arc 10 be used only for btmme a pmparea cow= vn& the Gut's. establisltnd policieL C. Clearly dimolase to eaCh of it Catalholdeffn tbse awn if any, to wbieh the Bank wilt pmido Tin and Acwuntt Wbrnagion to third parties.. D. Make c=MMTWIy res+sanable eBbo to () Mabbin a► proem easwus ' and acraaraty roimbtaaa ust of all baasbm= pumU o tt>a sso m to its +Cerelboldxa, Cal atot maW do Credit Limit or permit Catdbaklm Ip etxased rho Accou d Credit Limits, and (iiQ colied and destroy my Cbrds it qo longer coquina in Connection with tits program. IL Imhtud a* notftvv she Baum ofsay Arccahrtt for v W& rhes client m law lW = F. uimediat* ash* the Bak by AM of my Aocotmt that the Clicat kaaows or aaq%x* lets been last, Midg. btproparly used or acmes. G. Camptr with art requhmaw of shay cmpmsba Uabzr wawa, corn rW. -Any bWaW OMMMft auoda wd wish an Account fbr whish a eon wra a liability waiver is t gwsied shall beome fmme&W* &0 and lle- R. Notify Eire Bwk of any 'Ti'seaac d= the Client dUpum wW a si7 y (60) days of rite Mss day of ibe Cycfc dmft wbid etch Taansactim is chaegea to the Maat. 71,e Cheat -MI1 use O*QMMWCWI7 re aouablc NBfaft to aasist tate Bank in a#rmpft to obtain t act. fim fbe Mare ham. The Haahir wM Ens 00ataoatsWddly laesaomtblat dbu to due CBM in g to nbada feimbmumog am tho Merehas# providK .however, its Clot UD&OW& dw no wh't•be grid for 'frame ms rsxeng ftom Mcotmt usage 3*W a QMuidwume is IN embossed as a QMd gt I&= there is no Card aaaodued with mh Accut= The Client or Carib" r shell not be relieved of tabilftS' ke aq 4ispw Trsagcaon if fhe dWV*ack IS rVOM& The Sank sttmlt nal be liable fta• any T amactiom vthere notice of the diVutod Tra0130lau0ft is neat $ata Etas Client mora than shay (60) days aft the last day of dw Cycle fttg wki such TMudtW is clamed to the Client. 'The Cheat sMB nae metra a chits spiest tine Bank or NEW to pay aaY ermeitnt becaoae the Client or the person using u Card may Sava a dispel with arty Makhant ae to Eta: W& or services purchased tram Such Met+e#tattt which ions hsmared tM Card for first pine. 4. .41cebitiner ojtho Cunt A. Regatdias of my a&bbisbed t: v& Limits or Acwunt Credit limits. the Client• s to pay mist Perform when &e 91 of its oWI pt;,ashN kchxbg WbhhO% lianit;ioa: 7P &WACbM BOX N.A. tie3 oY16 CHASE DANK Fax:4O%985190 Dec 3 2010 10:40 P.04 0 With mpg to Cmporde LbhWW Aotxai" the Client aWU be liable far ail std 9v* and pt>ft u wW or m mon with mA vAh Aocd= and dies Ap ma& Thr; CUM sW »1m as specified on Exhibb A R* all'Tmmuadfts pasted w st CUM Amml ae redacted wa peo ft no later thea the payment daft (ft aftming Data"). If sw& Payment D ft is a meq', SO*, or Book holidq% the paymeeft shall be doe on eitber the pret+iom or do nett budaus day as specified an dee pwjWk Waamem if all or any portion of a payment owed by the Clim is not mceived by the Bank by tM Payment Date, tion any amounts aatstaodatg :ball be srtrbjed to tt tstw gees and deRmpmaq ibis w specified on b d*k A nntl payment in full of ail P & amounts. B. Ila Gusset shall k=ediw* tum rise Bak by phm of may Acct that the Client k uum or w4vas Mur bawd kK moka. asisappvprbued bnpqwty used or comp ma lsed. The Client wilt be liable fret ' sIi Tisvatsactiosnr made on � AcCoaa prier m aoti�soatian of soot i� scokzt, aaiaapp:epaiaued, ia�x+operiy+ + or earapraaaie�d Accosmt. The C h mt wlll ih� be tit k fiat Laos a :trach rtc s;atioa baosxratu rd ifsuch tesctk in a dhw or Wbea benefit to the Matt or my Cwftldetr. C. The Cent's; obl*tiotts ssifatt be sa ble roegndWs of the validity or abroaaW y of a Ca*wkler's ohligtsdm. The C%t waivot: any demes based Tan mw i) emcim do* or wad+sw of nary rift, pow, or y Dada' any Golder AFamm� if) ba kWtcy or smffi r psnoeWb*k or any dbehar, aftbg a Landholder, tbo Chat, or 10 modification of any C adboWer Agr m^ iv) 9 with or relelm afmy Cedar, M&or V) wog at O (with of w6mn ales ClieWl Ate, khowle* or ommQ *a unties the Cliart'a ris o or mW add rwin iegaay 4r fly cot dtme d eo of a sumtty or NOW. D. Payments ander ft AgnmmM shall be made in U.S. dogars draft on a US, bank of a U.S. bcamt of a tvalp bank. E. If the Luca clam to add Convaiks e C M& capabilities to my Amami, the Clio* fill be liable fm' tie amount of%R C.onv ak a Cbecks and in catoawdoa with each A=mt. F. N the green alkws a C lieat Vendor to chwp 7ha"atus to ap Amunt, de Chat is =I* resp9085It fur bSMM&g such CHOW Vemktr in the ming Basi pe+ooeasing of baa. Client Vendssra . aro for all popoaes aSub only cif the Client road not of the Bank No fee shalt be payable by the Bak to any Client Vendor for paedorming ww seavbm. Tlea Bank mW rMaim the Clivo tD delWw to &a Book au&whWm Wmmwdoa for onah CAw Vendor kdu tg, ben not 1lsitited to (a) the amne and xkkaas of esc h anthoriaed bxUvid d of dm CHWVaudw, and (b) ath od w infornadoo in swab fmass ss brat Bank spay in its sale din reguim. The Cliea>tt aheti immed%etcly no* t1a Bank upon s+ wkmg a Clod Vendor's mdarity. NotwWousift aaytititrg .to the canbry in ittis AFeemenk the C3ieat .abaft be liatbk for ail you is awbg gad payable tmdar or In =rection with each amb Acomat and this Agamaft A. The Bank, at its scale di medA Uy aEsdsoriee etsWams of "elk with respW to (i) salts Aaootmt up m flee Aam= Credit Limit, and Cq7 in Acomm Wr to rho C latah. IV Bank is omitlod but not obNpW to 41001WO a6WI2ptoa of any TM=c dm tlsat weWd muk in any Cas & Limit or Aooamt Crok Cloth btfirs Ownde8. NotwifttmudmS the RnMft If flee Cheat saadlor tea Cwdhoidw sxmA the Credit Limit =&or rho 3pm"Pa Luau Bmis.N.A Pop 4 of 16 9130 s *a VN' -4=a 'AUT M SOW M Op of) `fid M An qi.M, 4nd Wu ;o mmmift " tpWR M op (t) =M*aaY SM j0 W003VId tw WPW= Pq pug �=m W, VV& om"mm q atm uopdgc aR t= pipA 'pag X% VWMM PM OMMJdW ASH POSE 140a«" PUD S igVMO- f 'L RM ao pogWmFittipm en A=wA 10 �aa�x op manu Ph Iwo fit'. IUOTD OM'44 SWAAM 30 spnpw ftMft VM. O d vmp s P3" e4 mqmsugkL wipab wxwias 3stH *tpmupm ,m MID op VOWS eIDJO m WIM UDA26uuo* ul 'H •cu�tS otA,�a we�axd X34 Qos�ada � � sou .tea ,� P'�'�[1 P�T��Y30 m� goo `s�t3 3o aepiq�q$feap ' aia ro ado youtoxd An as padmi qum 'am mks =apm B =* mom Aq � a&B D� oa P�tu 'ac�gpeglg+ Imo! `fid + [ maoafe JO M4 `(m % OUN mm=M 20 OPP= tM WAV mom pn soddw `dao o p spncll jv MOP Pm endo tai Xfto OAi4 9 w puPoqfis i! VW O1 Aq P P*+?m I MMrrAL 14 4m 'Xwfl p Y 9www2iM Ww ao 3w at AmtwxW algsaosm s" Cosa aA Pm -VMS 29 ar " m IM Aq wM -V Aq d at ion Pwmpv qm An 30 o*.Iqqa fi PWUoqmv P Pu Dopmmm =41ja Wa paaD rtessz a* P se *me *u. 'Q m 4mvs eq pop (n&i*m Aug v 4 m pavopme xV ) Wo ma=V ,D am - &V IP=q aPOID 89 M om Siam aw iq wK oA q at $pa 9% Aq pmnmjd aQ AM �PPJ Vii+ AR pom SM =MY JV aea TP J9 OR=Ddm 4Q Pa wM maoV TTe' Amb UM mo qU. '3 IMIT3 me os nolo =,Q ar mp =34 wgsmarnroo 4m M M m po saor M' aojd Awwoo M mqn pa A91mwL a4 ar spa WH3 q 'B �� ''� R� � � � � a4 tt� �� 4�8 '�A'►'t� d4 �pOJ y '"Wavy* offisos pw PWA8a M "9 'jt jqw.rj" f -q Moodq =Mqqojd W3 MlRUZ!t AM3v VDIMVP m MRqM &e M MM 0p n4 =UMM oto VA wqmm at MWM aoqmlmqm 33A w1ab4t �► 02 MM =w AM %MR KL 'Q 3IMn WQO slue P JD ONaM. '0= AN is 'tea *mg 9U rft=y Am *Hcq augwp ao *mmy.n wnmv ft am pt mqoqpjeoj0 WU OT Pig io pMW bM WX ift Txq oU ' se i daofiy s.W p WOdMd sag ' !gp os jMqD OM �4 T sou T ocaag AW at pis *ipm 04 Pates ipt Tipp oqL s�oa aqt aT afi� � 3a � swag � �;�► � � �3T� � � `� � 'Darn at oabar Am *as 4% ov umemqq ino qm aWojd pW polD o U. ' W.4g qm;o M *.Vag HM mpa iq d*M pw oMron oMmal ttpqqnd aa*ar 'g j*v" wzq Vm 6% 2WROM qm= lib Ad U1" zRommo m/M xoR"J em ' mowy SO"d Ob=OT OTOZ 2 3@9 06TS86860tr:xle3 ANHH 3SdH3 CHASE BANK Fax : 4098985190 Dec 3 2010 10:40 P.06 nfle, or rgaWiM or any duty srWq in law of equtty rspplu;able to it, (iii) ere within &s arvoizadonal powtaa, and Ctv) heave been artdmized by all aeon ry orgstniztrdmW action of such petty. S. Fees acid Oharges. TU CH@W agreed to pmy the Sara and abaW as opwifiod by site Ba* @yam thus w time. Tho fees iiaslly opptlaabia are sp"dlod is ram A a tachod hereto. 7tu Bank may dmp the tins stud ohargea payable by the Client at mW thte prcavided *c Back =df= tip Cham at kag doy (30) days print to the of adve date of tbv donga. Should tlsn use a need to pay Ii serviicas slier Hutu tLose opt ed in fi�lbit A, the Client apg w to pay the fees and ahmpa associated wish say sub servie s. 9. InwWm, The Bank may pay the Cliast an a and incentive award The mcwthv sword scW, faitsally WHable is apee ftd in Exhibit A. % no event shall dw Bank pay the CHea as inwndw sem. far the year In which this Agreemew is tetrminated. 10. Am 'ibis Agwmag shall have as is hUt Haut oft= (3) ym fi'ortt the date &m wdttm above unless otherwbe twnboted puftuant to the pw6ioas of this pwgpph. These t. this Amt may be mcc owively Mewed for up to two owyear guns upw the amniverm" of the effiam* data at me City's sale discaftn. 11. ToWdRaUML ,.�� 11A��.��T���h�yk Ap timed mm4p bs tarh aial the�BaaLshk'% m t�hee�/Cli�my�t,E�'s defWk ails Client racceiiva aotio�b.Lo�f RMh 1p li I and � failed t o remedy Said � wift th* (30) days of Chemt's 1'eCetpl of t4 tile. lit t Bask may refte to allow f wftr Tra wdom or revoke spay of tine Acooah at any time atm for mW mau*L a. The C W may tetptimme this Apteemad andlor caaml spy of the. Am= at xV dw and for my reasaa. The Clim dud item ediotelp.iey aR =mob aww9mder tibia AUMMM without M-offardmbadha, and deeetoy All physical Concis f tushed to Cardboldem, Tbc D&A will swigs the.Client adl 1m tights ommuing mxb amarmb paid. in She event colloW m in initiaaW by the Bank the Chem shag be liable for pay ma of reaotmable =Q=Wa fwL Sem 2-8,3.1),3Y, 3.0.3,K 4,5A 8, 11,12,13,14, lf,17.A,, 174, 17Y, Mai 17.11, and 17.M mall stsvlvc Me twmkudm of this Agatmematt. 12. DOL& his UW bMid, " fochtis W dW Clk* bftg to remit air Wjmtt to the Baulk at; required by tibia Agmnat; (i) d tie puty ffft or offhr= a pdjbM as debtor in my boakmM, rwei wft rowmawgfuc, ligttldadon. *wobaloo, itIWhWq, or adw sasttaat prod or WIIQ any aseigao-nent for alae bft* of M by the tint tinder shy material debt MM'w say book retet od eotilj, (iv) eery mUe W adv= aloe M the bwaass, opmatOos ca EMU coaftbm alible ChML 13. 1Fesretlies andDawga. Upod Ow avow of a Mwk either peaty ataxy this ,t V"mmut pwron t to Sad= 12, at dw Mmk spay, at ha tate option, st4tmad its aervlaes at obligodom in the event of umabadon, Bank rewfa the d& to declare an obligations Of the Mat hereunder ily due amd payolrte. is no Mat SW Unnioadon. or expirtbm Mene or disaharp the Mew from its *bhSrA= to pay an . P tinder" Aptement, 14. L4Wtat on of Zjahft and ZA&wgN ter. TU Bank will be Iiabie 0* fbr dubs datmaM if it fad to exettr" ofdfaary calm. The Back shall be deemed to have wcercbW vadi=y case if ins a or &i1ma to act is is city wM-pnovil beakbg umos or is aftwine a commmialy reasaaable praccico of the bmd tag fadustry. 'lha Baric shall W be liable The my tyecial, ttu he� at ommquential daaaagos, ewm if it has been advised of the possibility of these datasrgm. 'r'hia provision shall sutvift WMIndon of this AV=== a$ to math that occurred daring its team, 1 . Notices All nodm and other atmtmt Qi=don negtslmd or permitted to be given under this Agent shall be fn w except as otherwise provided twin and shah bt eilbrU" int the due wwdly mived who delivered as provided hates. Notices to be p oovided ha mder shalt be. stuff wo if hmoxded m The oft party by h=4-&9vay or via t3,&. PoeW SwAte ceased mail, postap pmpaid, to the gess of the odd patty shown below. ChM8fif*,N-& pw6afw CHPISE BRNK Fax:4098985190 Dec 5 2010 1040 P.07 To the Sank: 7PMMp Chase Burk, N.A. 3oD i7on& !riverside Plexe6 Suk IL 1.0194 anago, iliisam 60670.0199 Atm: Commerclat Card To she C&= City of Fort Waith FbucW 5ystmm Dhisiou 1000 T&Octmortic Street Fact Wordy Taxan 76102 Atm: Proc;uame xC d AdmWstraw 16. Catpiaisra=iality. In acaotdaaw with the Terms PWAW Ia6 malon Act of Tam Govaamant Code Owter 5$2 toad mot as mprasslt+ provided in this Agraemamt, el! matt fumiaimd by either pang in cwnectlm wrd this Axremnmdt do Program, or Tran ow d mundet dmR be lit c o► ddentiat and std by the odw panty in smh =mvdad, mept to dw i W ! such k&mudm (e) ig already lawfidly bimn utM ztmvvA (b) &auftw bwomw ImUty obMmbk fiom other mms, (c) is re *44 to bo di IMW to, or in ony docs Sled with the Sec es mrd Exd mge Commhakm, t mkbg repilaw, or aaey other g nwnnm . agaacks, or (d) is regked by bw m be disclosed agrd motive of each disclaame is give (sem kPUY pwmW") 4y dw disckd* paq. Native =* (A when prate, shelf be ob" arffiaiar* is advtdtct of the dinkmm to mmit dw other pmrW to bis bo action to WiM disaloarore. Em* pwty-sW krbe alt anobyOO4 conowltma* end oder movesesdMiva (Cft vas") who will bavo soca m to eo:fldam4idl Witton Amin these obtigad=. A party shit d1sslow tmofd okl mfumtbon =n y to is RAmmentudm bydved bt this Ate, the PMUSM, or the Tnmcd s. Upw termitmtift of th e Apvm=d, owh peaty A4 at itei opbw mum. da: M or rmdw nanasabl% ad aauw of ell copies Of the otbw pen s Confidential Intim9tion Lpm rowM of the ocher patty. Tho Pwt.Y reeetvbg st& ON Q404 mq, be mesa of Smote lase, system ruts or as may be req&W by ins owe Znootd keV%g mq*Wvdx, stats any of the ocher pszty~s Cowl tom, ptbvid4 however, its obiipbm of cearfdeattat U=Wm"==mpbKw if r *Wmd ha ax k party shat! ifs MPBMM with the fotag bg provision. The Bank may excbm Clicot and CaAdAtr contf kdW Wimmdion with alrilirdas. The Bomk nmY also dmb w eonlfdentW b9brmation to orvicx provisoes in eons wifh thaw mwmft the Bales provWm of MOW surview. $a& pmviden Ad be obbzftd to keep timet mformation con5daW modes doe eases: tenu and oaodiOna as set lot shave OWWft the Bunk. 'IU Bank meq► oxchamp cavdk or over inawnwon axawu nb$ to Chao or Cerdhol im wit$ at& mport armw ad m (son, in the am of Ca*oMw khrmetim with the CIkx }, iwh&g bat iter limited to bfmmdm wacerning Tmmctiam Ponied kwAmm dents, aad empiayment stems and kado. The Bink may in its sole die etwn make an advmw report to audit repos* *MOW if a Cardholder fid to m or is &-bWW in pgkg am Accotmt. 17. Adi mfiariR4trs. A. E=W ass o6eeAse pmviftd babreim not r pm ty shig uas tip =mw or bp of do adw raV without its wrium ooaasent. ff lixe Cefeas to have fits Ma rb embowed on the Cauda or provide ban w the hank for other yam, the Clim t b eby gum to Burk a nowamduda fimed Home to nit+* Etre Mob to the Cads solely Aw sae in comm wiat the Pro= and fm no odyn' pmpom B. If any pa+avi dw in d& Amt .i's held by awry court of tin be hqx amtve, a m*mable, or bvalid, mch provisMm ftV bo inoperative, moi% at inYrtlid wMout dk mg the rwnaioiog prbvisiw% and m #his ad the prwviatons of this A.grttau t aro dwWd to bo.aeY nble, Fade of either party to exercise any of its ruts in to particular itas=w SMI not be ooattiued as a waiver of those d0ts or any o*ar rights Ibr *my purpca. C_ Notbbg is this ABroaa = shall =sfta or mwe a pauzrWiA jdsrt vermat+e, sgenny, er obw mlad i baweon sloe Bank. and tht; CHH& To the aamrot either party mdffUim car pwbrift shy ddY for itself' or for dw o6w party as repaired by #his Agremear, the pity shad be asanmed to be sctag as ail JPMM8m CbW B=i, N.A Ptge 7 ofr 6 CHASE DANK Fax:4098985190 Dec 3 2010 10=41 P.08 D. In ale ngwv cotase of bnainers, the Bull[ my madb r, re=d gad renin telephone ova mdm -msde or fnrtiated to or by the Bm*, ftm or to dw Chant or C mAhoiders. B. Tis* h®s and p mvidow of this Agremavem stroll be b upas and latae to the bent& office cuw and tba Suk wA thew resmtive wwommss mad ass vrt NvAw ptsty hewto shwa aamgn, sublet or hoodu its mtamat harms without the prior vsrdtten 00usew of the cow patty, exoept do eget pang may ate, IdA.1% or u*nsft its iataast basin to &W affifiev upon wftm notion to the other. F. The Bank Shoff not be held respomMe for so ac� %hate, evot, err circmnsmnee addressed bwdn if midi at, 69m% evert or oft=uume is comod by candifts bgoud its nest md* com oL Ci. The Coatraet Doom c* acbo* ft tam agrement and w4rAndhig bfAw= the Chant and mt< Bank tad an prior and unclaaumdings betwaaa the Chart ad tbo Bedsit Mkft. to fl,e subject wow been£ In can of a to fft t of toots is to CoaM DotummU, the corder cfpreo &=e ftlt be Ibb Agrmement, Addmdam No. 1, the BoWs proposal, W thea to M. All reprmeatafi= tad wse^aa!'ses of the pontes remained is this Ageemed abaft survive the exomd m of din Amt and cotawnnaado a of the Trtmse daw canteorplawd hereunder. R This Agmuma way ba =mWed ** a by a wing deed by the porSet. All remedies =fthwd ift ties Apwmkmt or by law d bt*d dmM be exuttuladve ad vU loll be available to the, Paden berate. 1. To the cad that the fClieat would have or be able to sovarelp inm=WW in a w outlet, maim sail or pa+o eaft btvi& by the Bwnk, The Cliemt.wdm. its sale *ka immm* to shit ft the pttepaaa of s4u&cmdug a dWm fbr Wvach of tb A vcmaot oufy, sabjea 0 the W= and oonditi ms. of Snbcbepr i — Aoudmatk o of Claims Arbag Undw WhUm Conhuts with Lnw ammam w )ores, aMptW 271, Texas Local Govem m m Code. 1, geadm herdbW in this Agnea)= are for ooftvaga= of raftowl`s, recd _daait�ISi ao�e gythe iMqmbdm of my of to � oft* �. lei• -Wad'. ', brae wd ,vAdm} andl, wards of Simi] import whm uW In this Agt+MMM tdW1 left to this Age, as a vftb and not to my parlieVW provisiaa of this ASroMint. K. %adamW Ttmaaawam mrd Fm. If an Intara dotwi TnomeWn is mrck is it ct acy oth r than U.S. dolltsM the Amodadon will axiveit the TrMactbn kW U.& doilam using its ngecdve muncy comvalion War ns. Tiro exchange race auh Ase obdod testa to eavert =mq is a tate thad it m eves either from dw rop of ran avaWk is the wholetale am uty madmu fuer the applicable pu g dm twhib roe► may very ttttm the rate to ngmdM eadw ittelf recdveaj or flat gmemnea-mwttdaled rage in gem On tlaa 400acame pram trg date. 'fbe xa* in ca tote Wphcabie ptocu&g daw mq ewer *= raft on the daft what tlia lubmubwAl T==&Wm omcserred or when rte, Acooatrt was awed. Tire Sok reserves the right w4wv as biome kmd Tremac dm Feq as qedW in Exidbit A. The lteemms mW 1raucdon Fee will be cakuhmed om the U.S. dollar ==ad pmvidad to the Bask by dw Association. The same pmom and dat" tamy apply 1fx' Internadoaa! Transaction is revemed. L. Tbk Agtemant may be signed in ane at mons cmx*mpsr% each of whM"lie an origitai, with the MW cfts d wa Ede siEnaftrraa wOMtrpots ft aamc Agteaatmot. II& Amt shall b=m efibcdve oaf tM d* fiW appearing soon wbrtt each of dw pmftes hereto shall !save aigiwd a coumtetpaff hereof. 1M. TM AOR NT &HALT. BE 44VWMD BY AM COl3STRUM MACCORDANCE WM THF. 114TERNAL LAWS (AND NOT TEE LAW OF CONFLICTS) OF THE STATE OF TEXAS, BUT GWWO EFFECT TO FWERAL LAWS APPLICABLE TO NATIONAL BANKS. 'rile PART= MMY WAIVE ANY RIGHT TO A TRIAL BY JURY. JPMorgws Claret Bmk RA. pw s aC i6 CHASE BANK Fax:4098985190 Dec 3 2010 10:41 P.09 C_F Y)OF FORT WOM AsdftmtCity MmogwlCFO P*.o of 16 A tFom and =,AAWroy ATrW- 9 mms""log ...:... . t,�,� moi■ II Eo�a tie E1eak, lV h CHASE BANK Fax:4098985190 Dec 3 2010 10=41 P.10 EXiiilBlT A Cl'l'r OF FORT -WORTH INCEFrlIM & FEES RZ=IONS « a Me= aidter biasterculd or VML " moans harp Ticket Ttafpsacdm Volume divided by the to* twtabex of ft msacdons lfthkW in ft eakndzdm of Lsrp Ticket TmpAw Vokue. Sip- t targe Volume divided by fife total mt>mtber of ttarr wdotfs iwk" iM to [xlaalabm Ofamp Volume fi)r a w perjOd. Coed t V'u%e" fnte� roatol iJ.S, dol#ar r medre do a Ptactasing Cetd, a+et of rearms, and =luft Large Ticket Trafnwd m6 cwt sdfrwaces„ convaaia m chock amok, few ntchftWlMd my ftunmedow tlmr do nat qualify ft iataf wp imdw gpU*Wk AMcWw rule. "QIAIMWMMBIUMMU&*toBekiucmmdmwhhaoyA=W**Bmkhawritasa cffm ale, ettcl xft Fraud L.osaes. total U.S. dollar dtarges Made on it vutoat die use 8asottnt seed ifx ctoMMdoa with the E=Traa 8ygon, net OffaMM and a7"My Lac Ticket ThMMOM cash "w^ Mwink a dW& emaeuats, fim * M cher ad say trrmSfimms AM do hart g"y far hardwap under a�ppilcalbte Aeoodat5taa tutee. ` « mutts an wMMM dne to Bek in commiction withaay Am u= fiat Same Lea wrku off as ale as s.rasf k of 4 and b*g lost, Staler. MbW opci" fly wod or wWomtw& Vim" mesas Pwdta M card Cbwp Voh me pits EncTrec QwV volume, net of rete, Md exclrffdirtg L.arga Ii&A TrffMcb na, cmh xh►uwe% convafviance do* amounts, is rt cbwM mad any trxfsacdow that do fear qualify far fnWdup madet epphcalsfe AssodaG n mics. "LM Tidwmews s ftwaalkm tw iia Apociadaa s have debenfalaad is elipl& fx aLarge ricket Bate, means tots! V.S. d4w Lwp rwipst T msacd= mode art a Bw& C.omMreodali'94 not ofret vw ander cwh &Wwces, ooaeefeioff n check ate, fimxhdem charges attd &W mow the do avt qualify for into rchane tinder apgHwMe AsaoeWon ntks. JAW MOM all Credit Losses sad Fraud Losses. 'Stdpot Zme me= the aoambhodon ofd* l m9w of mWWw defys is a billing cycle sad the ntmtber of asletfdsr days ibilowig the earl a bitZiog. sa the cb►ta tlfffa psymcmt is due. sept Telma ars =MMW a X & Y. wbm X is t#a mobw of caleaditr days in dee bi]liag qck ad Y b the number of calendar days lbllowleg. Ste and of a Wins cycle to the doze the payiaent is due. Paeans the number of a deadat deal afber.a bAft cycle tmd dw data iidl pwjuwut o%the cynic end WLh= is posted by the Bank. 3twoepo Ch= flock, NA Para to of d CHASE DPNK Fax=4098985190 Dec 3 2010 10:41 P.11 Bak velli pay the COW a robooa based an 111t W099 Crass CWP volume N*Wv d accoWft to dw tlallowfg who". The Anbum bum Card rebate vdU be mkilated as the RAW F4ft unties the mud Ping Card Chug Volume. O"Otmo 'Chov vam* Rabou 2SO $ 09th OOO 1.25 S12150um 1.30% 115 ,000000 0.5046 $2O 000 lAI% 400 LA 000 1A% $35,00AM 1.50% WPM 1.53% S45ASM 1.55% $60 000 1.5656 rhe mcT= mbale will be cakubftd as the Rebate Rase as deatgged above mimuq 0.15% tim *s anal B,uerr a Cbmge Volume. MW Beak vrZ pay Chat au a0domal tebse based on its avWqm Speed of Fttymmt ftmocut the yes. I& on average, POMW €or tba PDWPWW AW bddeace b recowd is 90= dap 8+aaa cycle tnd dmrw4wavd under the terms of Ns Apomm ad. a qmoko-py eaaniatw d*.414; per Gott deg► of egly paylneat will be amoi Bt* wdl Pay the Oiat an mauai Mabe bused an moral Avmp Lmtge Tref Tmmifim Size $ad anal Imp Ticket Tnnacdon Volum saoas+dmg to the f A bwft saw The rebate will be vAmLw*d as *e Reba% Rade times the amwel Imp rsA* ThnnoWn Vokoo. Avarsge Large TTS l Berta moo 0.60% $10,000 0.55% $15 44o 0.5046 S3B O00 S2S 0.40% 0.3S% 7U fOROW4 is for QWkAthe paaposea coaly asad, t omfom dw muubecs provided in the =ampk below da apt cOARkm a erect by the BeIDk. lbig is to elle of a rebate oa Vwzd at 7 dart's based on the following criteria; JrMaW n Chen Beak, N.A. pw 11 of 16 CHASE BANK Fax:4098985190 Dec 3 2010 10:41 913.000,0OO terittlsr tmmucww and SZOOD,000 for bW ticket gees: 7 D nazigift Rem Transactions Larp Tielmt Tnmaoti= TOM It,ebats 1.30% $169,0W 0.40% AM 5177,000 P. 12 Rebases wgl be =Walrted &Mnaiiy int ensue. a am&xb are a bim m Tedadw by sIl Losses, uAim to Seeft 4B of the Ageemer}t. If Losses et and ft YAM awW for air cxbodar ya&, Bmir w M im+ooice dw Ciiedt tr On amim= is cma of ft mbAw, Wlticri so= i1 be pgble witbb 14 dq% UM ofine ftqPM the I,o fir Ole sh-ula Priod Wmb&* ptaoe ft ttte msbm m WE be deamW to be vqW to trio LAmm far the pricy stK mea petted. RAM p"M wM be made in dw iaat qw w it On previous calaadw year vis. Amimmd fig Rause CACIn crus to as atom& dft4pW byt o C IWL To for arty rebate paymar, ail of ft mowfag eauV*- SL 990$mlmt of my ce1*d y billed aacou*s) =xt be by mama* debit ar by CUM itro*ded AC8 or vete. b. hynwM must be raadvW by Bok in aMdMm wbh tU ScttlCMM rerms. Delia M p* "U be VAti x m a Patti Dae pees as Vociftd below. Sedlamem Terme am 7 & 7. e. 11w GiiM is net In > uadaethe AV*umiw . IL ACCMWS) must be +DRtrremt 8t tba tbue of rebus Maden m d ptymmt. JR40MR Chm BeAk.. N.A. hp 12 Of 16 CHASE BANK Fax:4098985190 Dec 3 2010 1041 P.13 enuand/or SDOL CuMm lipart * MWw Pyogrmmn=WPost-Wsd d; UM per Kota (4 bm PodmyNet Set top: MM 6 ataa: No Marge Additt%W abs: $150 per site Thidba - At IPMaagnMase sloe: No C e; client T&B not inctoW V� Talcph=: No Chwp At Cling site: Initial Training: Foor Luys Tral ft of up to 90 0m at no chege to thu Client Add itioml Tri X30 Per clary, inelude»3 alt related itan►e1 Paper Statama=: No (urge LieetrOtk Paym= Fee: No Chap Labe ibc: Moe + 2"h applied to aver ail* which is caleoleted is dock A: (Past dna balsaoe + atay neer spend) / Nttambw of dqs is cyccie. WM be eiti� an &e cycle dime. Dalilgt uewy feu: No C . Annual Card Fees: No Charge Spacial Papm Cards (bM): No Map Basic madc: 1!lo ChffF Logo Plastics: No CUM testa Plastica: At c=4 based on C=Pkx* ofdesign subjecttoS 3,000 a dtae Dwanew retrAVAI fie: $8 per d= mmt (un&exaed charge) Sta'temeU DuPtkC im $5 . $8 per $UbMWU; $0 Rough PaynmmtNet A(II rett: ,bm: No CkmV R ten'n Ch&* Fee: S15 per return Rwh Card: No ChmW Standard Cauca Reptaoam = No Charge R%IMM Chm R2W, N.A. Page 13 of 16 r CHRSE BAW Fax:4098985190 Dec 3 2010 10:42 P.14 Card Rek0leamr No Cis" Iutesnitiaw 'Transaction Fee. 1% sarchmv (associadm para tkro*) bosmsat Credit Baiww Pa: No Cha Ow Limit Pft No Charge Crib Advm= 2.0OA ($3.40 mblimm) C.mv a Com; Si per poded cheat f O.S% of dmck vah►e )Wooed Cmva iaace Cha L No ptvW Co voieaoe C6eok Stop Payments No CbxV Skald the CUM r6quest services nOt inihis wbbftk the Client agues tO PPY the be ss odabdwi& swi sesviae. A%fnw Cbm 8a* N.* Page 14 of 16 CHASE BAW Fax:4098985190 Dec 3 2010 1042 P. 15 Xtanoltccv I6ea� miay o }ot and/or SDS%..: Custm iRaPmtib/Me r SM Yur hm (4 hoar EDI Sa upJTranwinioa: Paw*smvb on 0 at up and dmbpmwg e4m TM At MM se sic.: No Chafe; aliem T&E not Wduded At Client sine: Initisi'im mfr v No omp Additiatial'I'raidq W $450 pa day, mcbdaa all feinted navel exponm FVW suftmu= No Charge MvWO* Payment Pee: No.Clt bmambs Late fm,. Cermal WE 1% of tmpadd balema:e at a)ak+ 15 dayg dwopd on cycle dale DoMqtvwy fba: 2.5% oftfte W atter }reef duo at cyc'te + 15 din md eacb cytk dwaaftr. cbmrpd at qcb des Docmcom M& -M fnm, $rat 3 *W mqueft at tee, dine $5 pa em reqwg (m&Wmd gauges) went Du Rawicn; $S per i $0 Fayote d t ACR ria imz. $20 pax rattan Retum Check Fee: $15 per re -u bbruodma Traaatwtiom Fay I% stmohmp {mon Croft $elo nm Fee: No C bwp Dryumit Pee: No Chergs MaWkwx Few Pasg-fkv* obaga fat oder socialized mvim ( by -cane fees) FTP: DWY, $5001month WwWy: SUMmumth .Bi-wcew. $120month honchiy, S75&wntb Caih. Ad owr 2.S% ($2.50 minim= and S30 M=irm m) nwawa Ch= Bent, NA. ism 1S of 16 . CHASE BAW Fax:409$985190 Dec S 2U1U 11:4ti V.U2 Oxvemiemae C hecb:1.5% - 3% of check aMWt ($1.50/check mi:ftmn, $50 check maximuft $I pct d*ck fee for krAn of p" an= Rejetd CoA renMm Cbeck: $29 per cb-a* conventem C hwk stop Psyaterrt No chap ShouW tha CAW regim G saviors that in this scl is, the CVwd agrats to pay the fee amoeimod with such BWice. 1PMe M CbW 1t, NA ho 16 of 16 CITY SECRUARY FIRST AMENDMENT TO CONTRACT NES, COMMERCIAL CARD AGREEMENT i JPMORGAN CHASE BANK, NA. THIS ANT AMEN17MW (the 'AnW&Wfr)10 CataMNOW Card AReanatt (ft •AQraernanY) d@W ae ofJPMWW Chan 00* NA (V* JWArh 4W Cky Aupuet 97, 2WOe6veett Of Fo Wq a l {pat AM OOM, shoW In Tor^ D00% FiAW. The Bann and the Civet aptee 10 amarwd ft Apra OMM as %# mw tweraM, used to this Amey WW deNr:d in Us Aprsww4 shat a used Wein ore eo didne , W=pt as a. ArA"W r mt Raraptaph 4A d rtes AprattrA" to hmfty g I- I , d in ft WW nuo as mows: 'gaud t.ossae WM nat he da &K* d tttm . pmW"d that"CAM OW k m "* ttta by ptworwa of any ltwt the Into k ON$ or Mn"* Ir•s been lest ortolan, mieetpproPrieted, bVropay UWd, or eo VMntiead. Ttwe Chant shell not be ft* for tieudldsnt tmrwsa kp(s) made en an A mo by PaMM *Uwa► Ow aeMfo w or www Oft orient and the Ceenes vendors, provided Ihat (1) the Client ar OordfioWer hent Jtnrttpdtltby ttotNied Ula Bartle ePeciiied in tlra prw3viCrrs serltawGe; pq nalnter dte Client trot the CaWttolder hes receNred any dit+9ct or ktdieCt ttarreTit leant each f►arrdttlRrK Trar,�p�*� �„ � 1�� hes ban aet up an4 operated oY llte gent in amonranoe v� tha t3entc': Asrnd taduotlon best pacvow as deeiptulad by ewe Bartle hurt tkne to Uma (iedudi w but no ynNed to bbdrkwp hoh-ft mms; Roma t b ttw ft* by the Ceawt mow Bun Ct+dhotdea for approved "Bru s; trrwifkwD =h ff"now ad*lnp to ,� end iNn$s aalebBMwrd by ttws Bardr� [M the Cesnt mattwtatns repeonable Y pre,�,� and aorrtrots topafarlp the dispntirgpprt, u9e atld MorayA d Cattle end traneltalorw dp{� and (v� !tw Cdent nWilMte ltws earA two Inter twMt ten (ib} bueirtasa days aNer rha tlale a Luper ar akt0@orric sketemwtM d whkh the irseekrfart 7fatwami4n(s] itre! ep�0aared wnrs fleet made egaNatis t0 the G'Iiant. M the e4at the Gert doss not adopt the fraud redutdi0rt beet praptlpert but rrct trndkd b Qreee deelgralad iK [lwis 9edfertw, as deaigtuMd by thal� troirw tient to tittle, �o twahtese � of beitwQ sa noh'IiYd to twtlltrt� by dls Bank. are c.Yont wlp t» Corbis tar any hatrtlwier8 TrantrapNats an e►N Acccwtt pe" t4 the time Rwe Gant nous dre Bank, 3. Antendtnwrrt. Exit A ie nOleOy detekd kw )� erl>)<Bty Mrd 1 11p@d N fUM MMh a row 14ft A as amoOM llatelb. AWWWno"L 110 Aqis haebY ntodleed ra ifwparporab a new'Etdttntt B er 'g Un Aopotft Addendtatr' as atfptdted haneb. 5 • Mrea+dnnr�l. 3aCUbrr t t Cf Uwe Apnfertrerq, TarmkwlttlOrr, id h 464 atttarwded 10 add Sadipn 1 J. C, wtwiph shgjl twtaitl ee ibltorra "in rite avant rr4 Atnds ar inawlAalertt A"s ata gpLxoptiebd by the gynt In any it M period ear dIvan n+aaivaoidhot "ftand 26 Aptnim Mut tMmttt o eo the last day d la IhW -,hr rMWi PayrrO is hw* apraed WOn fOr irlwkh fW& have b peep oo"W kkwd til afg:ept Ivor 1e !ha LrpMlOrwe Of ilia R. 09"M"iad ENeat. Except b ilia a►dertt an*rded hereby. ore IF=, omvPtum ewe ammobmrs or the in cAgfeeersrrt, an it a iay naw ova, vo lb tw *m*meo wore, stwaU rlrtlkMas tui! tape and eltact and rho Agreamartt slue nanain a�torosabb andfkT to e0onrdence 7 Aememant may ba ertawdad f4 spier bent f�Op+ratlan AOt. 191. Texan went Code (ft "And y, the uae d Apreeeunt may bo wo di sd to Wd f a MW k povattuw+arrie and % t Agendoo Of ttw.sswte ore de abW in Iiia AM Addeiarwaey, the Inv aft, in its sola diaeratloer, shore have U� rsyvatMeas at CAsrd's dlsCrellorw. nig pq r9. optbrt is stwprove itws ParUptpatlat a arwy �tetk,ipmx (as Leber dsansd Mai +order eft ean,arwt Egan p+, *#W t alevred by ft a" to at W aartcee under ON Aprewwa snore do 90 tnde"n&wi Ot easy Ww P&U*S% U* partietpettt go be fiatponsibis kr its awry abOPU M bu vhbre Or this Aosenrerwt, The ft* snap not bs ?fable n the rCon1 lar PaY mm homwder or adre &%k due to any faNwm to favus any Card Or sstab101 any Accom fora pertidpant. Ceent snarl nal tie Uebta for arty kwmcftm, P vflR tat Of feeel, a arty MW abt p mws Of mY P&**ft t under this Ag►sww& >z, Coin TW 't vAwwftft ff" tla gmX" in SW hutwwber d mx*wpwt% all of whitlw wN sn taken iopether shsi! oenedhAe ona p" herslo may awaAe itll; ArstMedrnerp bil eigtunQ ,y o f sudw torgrlsrpatls IN V ESS WMMW, the Bank and a% OWM hoo Gauged t it Am&uknwK Io to saiamW by Vot respective suNmAM dfft" as of Ow dkdit lova vrrtae . abm JPYCpWI CHASE BAM K, %A W, Aa,4 ""./ NNW.w+ F#fiE T. TRAUTH VCE P ro-, _. CITY OF FORT MOOM, MM or 0. q? �(RT Nemo: Rargn L. Monttaom Al reN: Assistant City Manage,; =NOM&�i Ttw �erderiiarfed, a arltlrgrhoed olfiCer or rept om or4 tra of the CUM doss ho" asrW W the Cthrat Int been dir4t:sptlortasd n Saler Wft and poft.. ft .J1ltssndment ane 00 the plrM ftft above on WW of the 003M weioss MOAM M of Nrfe Amond m% wolf wWomd by No wmlw% md, is are officer, porom 1.011bo or Ow r plemerAa11W of to OW posowN eunrprO In dlrMM 00 Amsndmert f roe `Wote: 7Tra p9retrfr sl�irq na aR6ealallor� N� ba someone d from the Der'+a'1 Npninp deoMa on bohalf of vw t�iprA. APPROVED AS TO FORK MD LEGALITY By blame: M1esh1 Farmer Title: Assistant CIU Attorney / M— ft"24013 EXHIBIT A INCENTIVES AND FEES 0 mma aitlhar fdemwcwd ar wsa. mann the mftw of dayo to i i m the i l is cton ppetin¢ dMe end tlyr pacWhg dtde of payrtle►d;R l N, avaayad oust tltb rot" cmaahtl m paws. " " me" Low TWA TfanttaCttttft v44Nfte awmw by ttte total number of lraneaowm is dww in tt o Oda"" of Lope rah t `I" reneacw emm. erearro the Avarapa Filet" mirwe hd to number of twNfnaler dttys fn dta bft com as spraidad in fele Sattlenfent Tones. �• sw t= Ucheck af0o1sf1E, ka dAM CJsfltgo - b�r'Yott�e ihst quwy to irt�nCtmp wwor iwolowe Aamalot m ndaa. smiume nrmm a "m voywmn ertd sirhgle UN C hwpe vraUtrse. TdjjMMyAr nher w a iZ•maM pwW bepinr 1 an Aup M M, of amh year ar any wWvwnry GI such dpOx 'Crj& LaM mem M anrounts dre to Bank In s:arrrtaWm vAh any Moser t Owl ft* hes wrfllstt off as uncamoc le. atldtr l m Fraud LOaaeR �• ntaatto Y tr►7txstto dite b iioftlt fn cptMtactlort with any AflCataq that Baht hY wtitOstt aft as trttoo(lecfr�le a► a result aF s acrd b*q bat s10kn, tttisappfapira a . impttlped) Used or aatrpronW& IM TMW tmYtte a trarwwdlan that fhe Amaoelsl( m tatYr! detanhin! d isfora Large i'" RtilR UM rdd moans tabid U.B. dOw t wp TMM TawmPLll m male on a Bank Conarrueisl CoK rtst CO mains aw r oerstrettee chock, Draft traudtdntd dwtpee end aM banucfons that do not "ft i4r kftdtMrrDa uroft 't "W"AN credo ioeuas end Reed Lossn. alder ttMfb traYo dean appttrwd tSr l for petddpTo and *W Tway Wa aMities 4%NA to pattkhlpafa in IN Program p tneerts dta amt ar a Tants puble aft aPlkWwod by the On* 4 prrUcphge under the Ganm dO Card PiNdw Nrg and &ngb Ea�dtlbtl C (fhe �h Agan woo t) orkt sto oMw tam; , Wo by ate ft m *m b 1pnaw n ft iota as aNadted harepa m and of s aldm is to dale the paymard In due. Setdarrrarn Tame 4m w1wprp,1d a XX d Y, where X ll to MMOW d cdendar dvAIn the bbv cycle and Y is the mimbw of cftm ar days loftkiiii dt9 end d s ry0te to thr caw Mw ttttyrrtent a due VM I HE 2M ' MAenll tOW U.$, dodW aFwaft me* c n ft lfift M 200 Um Aaeottnt Y44d in Oprneodon wNh ttltt wo Use SYSW", rmt Of MW fat V&Ndwvunder Oft aducnprrOkS ules. TMMOO tOM asah edv+tnaaa, *vxkO nt dthwW Snit any trsmacik rw OW do not quWo mearhf3 8 Cstdaels AreCOtrrrt 4teed kr o0rglection with s alrtgke, unkphe trarleectton. f pAdfs I Bar* wll pay Itw Par**M a orbs m based an the amici Teas PalnnsrM Caro CanearM'w Cambiwd Ch Np Vdume achfaved aeCipr l to ft UP Aq §meddle. The reticle wB be cafaiatad a the P46W wa itmae Ow annuM Pam's roy eMa Camlltned am" Vaki"IL NOM: in yMw f d ft AOrawwd (&9IWO — MK MSO I1 Bank WN tieaNMt+ Chao VckM of SMO0 ADO and pay at to .0% and t.tFo% sabaf>s seaala based en the partsatpant's aulront arawN rakaoa f:ar each yaetr fimaaffer, the aemtdo ftn rabebe wN be paid par the Odd bde w. "Cneldned ChftV Vdwm tw out Ps Mdpael *4 bqM is amm en tlw *4 dry of V a i kwil 1dwxbg Wo dam Ow Pum IFaraaat M 4=mfbd. w* MIAs pay the Pmgidpw t ara-, , ! head an the aanwi ti %% t o o wlp Vw4wm aclthrad as ,11" M baba, rhe fabM 1 wlf ba calmed as the ittdaatod l�bele Rare ynMs the arxert $k+pte use Cltade Vduna• - K Par{idpenk � i1,000,t7O0 - p1�0O0,0O0 to 9ifr� Uta Vehrna, the rebels rats is i.;f�+li N Pwddp.rn aa3dao s wgft 1Aw cw" Vakxft f than $lax0,000, ra rebate role b it acoorew+ot wwh Nw rabaie pdd MM: F*Nciparl6t whh $plple t Jaa Accawrt ptar>ye vakxne teen than 11,000,000 will net tis irnpleneerged. Tho ft* wN pay CAM an 000ft W mba based on $o Avwape Pop w TMwxt the year. If, an averaea. peyl k" AW era prbr period till balm I t1 i makatl in %WW days %m aypie ad *M mq:ig4Ki anger ft terms of ifs# Agtaemalt, an Avemp Payment Terme ew okft d 0.01% sw tldt dsy of ray► poyarent wN beam, . For pwWw t with prop m spall d wider tiro nrllaa mm*. a* maarltiwds repar" • I I "An WA be kq*RMF*d Pardalparlit with ahr o spono ar 110 now or abOn stn seise[ ft GwWa Pftmwgfret mpa" pia bi ar wmarhfafa MNt 4 d? S9 CI meed V aw JWM wapa w IOU p V a41 'M ftl �iYggM Ol l *P lIPO�a� *no � 0+�e4t�laui w" +ad Ou a �Q INd a q pIhM aq Owf�{Mllilrl0 memoNIO as wM7q � it ! 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PW 1a of to SkPttOftd eu�ootod a wd P � ao 'mWW + 7"""oa"eyr *0 WWm w A 1D uoplNW asom juoep t -MA 0 A ^ 0 aw" "°�°"'e � '�� ps Aq p�gYw � V"-IPvwmbk Am md 01 PHNOM AM OR =4 Wodl aw X11 ft= ►tot M 'MN1would Ja �so U"0 am wowd Pup iii� IF Pwwwo AP a 'p.ioxwo au ' v modpa a •iwd=iw4 AN Imm 'a►V Pa GOP 04 F w PWMW AM ■4 W UWWN OV uoppdftld M PSA OR MW 04: 'aOMEM $5"�IV11AI1 k! L RICH WITH OPPORTUNITY IIEA,111�1011�9( T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer January 11, 2011 Council consider authorizing the City Manager to execute a Lease Agreement for the WIC Division. 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 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 - EWS/svj/AB 06/08/10 07/07/10 10/27/10 11/05/10 11/09/10 LEASE CONTRACT 2008SF-NPR - TX T - 17426 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 of Beaumont, Attn: 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 apart 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 maturer 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 of the 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 Tcrm'� 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 (30) 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 fnt 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. 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 interrupted 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. 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 root); 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 ($1,000), Tenant will notify Landlord and obtain Landlord's prior written consent to the performance of such repairs, including scope of work and cost Upon completion of such repairs, Landlord will pay Tenant's contractor the reasonably documented cost of such repair. Notwithstanding the foregoing, if and to the extent any item of maintenance or repair to the plumbing and electrical systems is caused by the negligence or intentional act of Tenant's employees, agents or invitees, Tenant will be solely responsible for performing such repairs and for the entire cost of such repairs to the extent the cost of such repairs is not paid to Landlord from insurance proceeds received by Landlord pursuant to casualty insurance referenced in Section 12.04 of the Lease. SECTION 9.02.1. On or before the Commencement Date of this Lease, Tenant shall enter into a maintenance contract ("Contract") with an air conditioning maintenance contractor ("HVAC Contractor") approved by Landlord for the maintenance and service of the HVAC system. Such Contract shall provide for maintenance of the HVAC system not less than quarterly and Tenant's building staff shall change the air filters not less than monthly. Notwithstanding the remaining provisions of this Section 9.02$., 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. 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 of ten 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 of the 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 (30) 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 covering. All plumbing or electrical wiring connections 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: 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. Indemnity: 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 XIII - 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 HVAC system or electrical system, any plumbing fixture, or any pipes, paneling, wall or floor covering, ceiling tiles or lighting fixmres. 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 banlauptcy, 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 bean 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 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 sums 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 tenancy may be terminated by either party upon thirty (30) days notice to the other. Any rent due after notice has been given is to be calculated according to this Section prorated for any partial month of holdover. If Tenant tenders rent pursuant to the formula in this Section, and Landlord accepts such payment, the acceptance of such payment will not operate as a 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 20OSSF-NPP. - 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 fust 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 = — 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) of the Bankruptcy Code. ARTICLE)MV - 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 fall 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 ventre 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. 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 Shopping Center Lease 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 finished 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 nacre 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 deliveryto 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. This Option 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." Contingent upon Tenant satisfying all of the following conditions, Tenant is hereby granted an option to extend the lease term, as set forth in Section 3.01 of the Lease Contract (the "Primary Term") for one (1) additional period of thirty-six (36) full calendar months (the "Extension Term"), said conditions being that: (i) Tenant shall have fully performed all of its covenants, duties and obligations hereunder during the Primary Term; (ii) Tenant shall not have assigned the Lease Contract or any interest therein or sublet (or otherwise permitted occupancy by any third party of) all or any portion of the Leased Premises during the Primary Term (any such assignment, subletting or occupancy being subject to the provisions of Article VIII of the Lease Contract) regardless of whether any such assignment, sublease or occupancy is then still in effect and regardless of whether Landlord shall have consented to any such assignment, subletting or occupancy; and (iii) Tenant shall have given notice to Landlord not less than one hundred eighty (180) days, nor more than two hundred seventy (270) days, prior to the expiration of the Primary Term of Tenant's intent to renew the Lease pursuant to this Option Rider ("Notice of Intent to Renew"). Time is of the essence in the exercise of this option and should Tenant fail to submit a Notice of Intent to Renew as provided in (iii) above, this option shall lapse and be of no further force or effect. In the event that Tenant effectively exercises the option herein granted, then all of the terms and provisions of the Lease Contract as are applicable during the Primary Term shall likewise be applicable during the Extension Term except: (a) Tenant shall have no further right to renew or extend the lease term after the expiration or other termination of the Extension Term; and (b) The "Minimum Rent" (as defined in Article I.6 of the Lease Contract) which shall be due and payable each month during the Extension Term (and at the same time and place and in the same manner as set forth in Section 4.01 of the Lease Contract relative to payment of Minimum Rent during the Primary Term), shall be at the then prevailing Fair Market Rental Value as determined by Landlord in its sole discretion. As used herein, "Fair Market Rental Value" shall mean the projected prevailing rental rate as of the first day of the Extension Term for renewing and extension tenants for similar space situated in the Shopping Center. Landlord shall provide written notice of such amount not later than thirty (30) days after receipt of Tenant's Notice of Intent to Renew. Tenant shall have fifteen (15) days after receipt of Landlord's notice of the Fair Market Rental Value ("Tenant's Review Period') within which to accept such Fair Market Rental Value or to reasonably object thereto in writing. In the event Tenant objects to the Fair Market Rental Value submitted by Landlord, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Value. If Landlord and Tenant cannot agree to Fair Market Rental Value within fifteen (15) days after Landlord gives Tenant notice of the Fair Market Rental Value, then Tenant may rescind its Notice of Intent to Renew in writing ("Tenant's Rescission Notice"), and the term of the Lease shall expire as if Tenant had never issued such Notice of Intent to Renew. Tenant's Rescission Notice must be given no later than fifteen (15) days after the expiration of Tenant's Review Period or the term of the Lease shall be extended on the terms and conditions of the Lease including Landlord's determination of the Fair Market Rental Value for the Extension Term. References in this Rider and the Lease Contract to the "term" or the "lease term" shall be understood to refer to both the Primary Term and (if Tenant's option therefor is effectively exercised in accordance with the provisions hereof) also the hereinabove stated Extension Term unless such interpretation is expressly negated. CONCORD ROAD �MFUMV.." av \ _ --- "Leased Premises" EASTEX FREEWAY AC Approx.: 2,425sf Beaumont, oon (Texas (EASTEX FREEWAY The "Leased Premises" as shown hereon is for City of Beaumont Subject to the terms of the Lease, any future construction by the Landlord within the Shopping Center will not affect the validity of the Lease covering the Leased Premises. Subject to the terms of the Lease , Landlord may elect to change the location, size, layout, or other details of any buildings, or Common Area in the Shopping Center and/or to construct other buildings in the Shopping Center and such changes will not affect the validity of the Lease covering the Leased Premises. The post office address designated hereon, if any, is subject to change at any time. INITIAL Floor No: E00 Unit No: DATE: 06-04-2010 REV.: 00-00-0000 EXHIBIT "A" Eax NORTH PARK P"�AREogY: Project No: ea 0605 BEING 11.8700 acres (517,056 square feet) of land situated in the F. Bigner Survey, Abstract No. 1, Beaumont, Jefferson County, Texas. Said 11.8700 acre tact is more 3uily described by metes and bounds as follows; BEGINNING at an iron rod at the intersection of the east right -o€ -way line of Dowlen Road, also called Crow Road Extension (100 foot right - of --way) with the north line of U.S. Highway 69, called the Eastex Freeway, (.400 foot sight -of -way), said point also being the most westerly corner of the herein described tract; 7MMCE N 01' 18' 53" E, along the east right-of-way line of Dowlen Road, a distance of 191.50 feet to an iron rod at the point of curvature of a curve to the right. Said curve having a radius of 564.36 feet, sub= tends a central angle of 39' 36' 25", and has a chord bearing of N 21' 08' 42" E; THENCE along the arc of said curve and said east right-of-way line, a distance of 390.13 feet to an iron rod at the point of tangency; THENCE N 40' 44' 06" E, along said east right -of -stay, a distance of 100.22 feet to an iron rod for a rorner; THENCE b' 85' 44' 06" E, a distance of 35.35 feet to a monument on the south right-of-way line of Concord Road (60 foot wide) for a corner; THENCE S 50' 07' 43" E, along said south right -of --stay line, a distance of 17.60 feet to an iron rod for an angle point; THENCE S 58' 59' 31" E. along said south right-of-way line, a distance of 639.12 feet to an iron rod for it corner; THENCE S 31' 00' 29" V. a distance of 190.00 feet to an iron rod for an interior corner; 7HENCE S 58' 59' 31" E, a distance of 177.17 feet to an iron rod for a corner; THENCE S 31' 00' 29" W, a distance of 130.W feet to an iron rod for. a corner; THENCE it 5$' 59t 31" W, a distance of 11.52 feet to an iron rod for an interior corner; THENCE S 31' 00' 29" W. a distance of 349.43 feet to an iron rod on the noith right -o€ -way line of U.S. highway 69 (Eastex Freeway) for a corner; THENCE N 55' 33' 33" W, along said north right-of-way line, a distance of 310.10 faet'to a Texas Highway Department monument for a corner; THENCE N 60' lot 52" W, along said north right-of-way line, a distance of 398.14 feet to the POINT OF BEGINNING and containing 11.8700 acres of land more or less. MMIBIT "B" L6050 10 -/5/52 IM 11 Q ► �119 Q0 o Q E U ,0 •,... 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F�^f�•VI Ci BACK J CEILINGS: REUSE DEMO CEILING GRIDO 2%4TILE 2X2 TIlE FT R A 1-I ELEG. i 1 _D ��I.OYtrSe DRV WALL EXPOSED DELK 444, 11'' ` L 13L 44, `1r REUSE DEMO it LIGHTS: - 2%9 1 STRIP SPOTS eoun+Cr c'Y-C p� . . . . . . s1:dKiRQOi��X!r' d REUSE DEMO FLOORING: ..t CARPET VINYLTILE _. CERAMIC TILE WOOD . O REUSE DEMO CEILINGS: CEILING GRID . 2 X 4 TILE 2%2 TILE 1• q DRYWALL EXPOSED DEGK r . TL��. �6GY . REUSE DEMO . LIGHTS: L 5" 2X4 STRIP SPOTS m�:�. is . RkW°I RE3TROGM91�:Ii,n+_ k;ytu REUSE DEMO FLOORING: . - CARPET VINYL TILE . CERAMIC TLE WOOD REUSE DEMO CEILINGS: CEILING GRID by 2X2TILE DRYWALL EXPOSED DECK jj S C` REUSE DEMO US rrr� LIGHTS: 2X4 STRIP SPOTS DDDP, FRONT SCALE= PICTURES: INCLUDE ON DRAWING: FASCIA DEMISING WALLS SACH WALL STOCKROOM WALL RIGHT WALL RESTROOMS LEFT WALL LOCATION OF HVAC UNITS CEILING REAR DOOR RESTROOM FRONT DOOR ANY OTHER INTERIOR WALLS COMMENTS: L1PlM*WPIFORM3IVACANCY' QTKIN OF SPACE M RICH WITH OPPORTUNITY 11EA,[111011* T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director Pd January 11, 2011 Council consider a resolution authorizing the exchange of property with Altus Healthcare Management Services. RECOMMENDATION The Administration recommends the City Manager be authorized to execute a deed for the sale for the sale and a deed for the purchase of property located at Liberty & 11th Street. BACKGROUND During the acquisition of property at 390 North 11th Street, Beaumont, Texas, by Altus Healthcare Management Services (ARMS), Mark Whiteley & Associates (surveyor for AHMS) determined that 0.0112 acres was located in an existing right-of-way for Liberty Avenue. Mark Whiteley approached the City of Beaumont regarding a potential swap of the property. The City of Beaumont would exchange the 0.0112 acres owned by AMHS in return for the 0.0307 acres of right -of -way needed by AMHS to resolve an encroachment issue into the Liberty Street right-of- way adjacent to the Altus Healthcare facility. The proposed sale of 0.0307 acres is based on the value of the land determined by the appraisal. A sum of $5,112.00 is the result after the purchase of 0.0112 acres. BUDGETARY IMPACT An appraisal was completed in December 2010 on the entire property. AMHS will pay the City of Beaumont $5,112.00 for the exchange. 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 deed for the exchange of 0.0307 acres of property in return for the 0.0112 acres of property, located at Liberty and 11 th Street, owned by Altus Healthcare Management Services to resolve an encroachment issue into the Liberty Street right-of-way adjacent to the Altus Healthcare facility. The deeds are substantially in the forms attached hereto as Exhibit "A" and Exhibit "B." 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, CITY OF BEAUMONT, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of FIVE THOUSAND ONE HUNDRED TWELVE AND NO/100 ($5,112.00) 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 therhereinafter 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 ALTUS HEALTHCARE MANAGEMENT SERVICES, 390 North I lb Street, Beaumont, Texas 77702, 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 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. CITY OF BEAUMONT By r Printed Name Kyle Hayes Title _ City Manager, STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared _Kyle Hayes_City Manager 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 ALTUS HEALTHCARE MANAGEMENT SERVICES 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 52011. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 0.0307 Acre Tract or Parcel of Land Out of and Part of Lots 16 and 17, Block 49 Averill Addition Volume 1, Pages 131 and 132, Map Records Beaumont, Jefferson County, Texas BEING a 0.0307 acre tract or parcel of land situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of Lots 16 and 17, Block 49 of Averill Addition, a subdivision of the City of Beaumont, Jefferson County, Texas according to the plat thereof recorded in Volume 1, Pages 131 and 132, Map Records, Jefferson County, Texas and being out of and part of that certain called 0.134 acre tract of land as described in a deed from Carroll W. Conn, Jr. to The City of Beaumont as recorded in Volume 1515, Page 124, Deed Records, Jefferson County, Texas, said 0.0307 acre tract being more particularly described as follows: NOTE. All bearings are based on the assumed bearing of NORTH 00000'00" EAST for the East right-of-way line of Eleventh Street, the same being the West line of the said Block 49. COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northwest corner of that certain called 0.5804 acre tract of land as described in a "General Warranty Deed" from Set Asset Properties, L.L.C. to Altus Beaumont Realty, L.P. as recorded in Clerk's File No. 2010027716, Official Public Records of Real Property, Jefferson County, Texas and said corner also being the Northwest corner of the said Lot 16 and the Southwest corner of Lot 15 of the said Block 49 and being in the East right-of-way line of Eleventh Street (based on a width of 80 feet); THENCE SOUTH 00000'00" WEST, along and with the East right-of-way line of Eleventh Street and the West line of the said Lot 16, for a distance of 76.23 feet to a scribed "X" in concrete found for the POINT OF BEGINNING of the tract herein described, said corner being the Southwest corner of the said 0.5804 acre Altus Beaumont Realty tract and also being the most Northerly corner of the said 0.134 acre City of Beaumont tract, and also said corner being the beginning of a curve turning to the right having a radius of 227.12 feet and being subtended by a chord bearing SOUTH 67°54'11" EAST having a chord length of 95.40 feet; THENCE SOUTHEASTERLY, along and with said curve to the right and the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for an arc length of 96.12 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner; THENCE SOUTH 40000'46" EAST, along and with the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for a distance of 18.05 feet to a point for corner in the proposed North right-of-way line of Liberty Avenue; EXHIBIT "A" MARK W. WHITELEY AND ASSOCIATES, INC. THENCE NORTH 68020'57" WEST, along and with the proposed Northerly right-of-way line of Liberty Avenue, for a distance of 24.65 feet to a 5/8" iron rod set for corner, said corner being the beginning of a curve turning to the left having a radius of 822.15 feet and being subtended by a chord bearing NORTH 71 01 I' 17" WEST having a chord length of 81.44 feet; THENCE NORTHWESTERLY, along and with said curve to the left and the proposed Northerly right-of-way line of Liberty Avenue, for an arc length of 81.47 feet to a scribed "X" in concrete set for corner, said corner being in the East right-of-way line of Eleventh Street and said corner also being in the West line of the said Lot 16; THENCE NORTH 00000'00" EAST, along and with the East right-of-way line of Eleventh Street and the West line of the said Lot 16, for a distance of 14.35 feet to the POINT OF BEGINNING and containing 0.0307 Acres, more or less. Surveyed on October 26, 2010. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). Thomas S. Rowe' V RPLS No. 5728W:\2010\10-607\10-607TRACT TO ALTUSm&b.doc • S U n EXHIBIT "A" MAMA W. WH11&LCYA/VUAN5U(;lA1CJ,/NC. FND 5/8" I. ROD BEARING W\CAP STAMPED o, c� "M.W. WHITELEY & ° -_ ASSOCIATES" Q o c wn 24.65' W o'° Ln o^aLn N00'00'00"E ZD JWQ O VWLL O vW 2i T 2 Z 0: L M !— N w w I3 F— ., 'r' o U) O O Zm o W 0 C) w O J o W z )WAY STREET (60' ROW) TRUE VIEW REALTY PARTNERS TWO, L.P. CF. NO. 2006017915 OPRJC I I _P FND 5/8" I ROD W\CAP STAMPED "M.W. WHITELEY & ASSOCIATES" \A V0 LINE BEARING DISTANCE L1 S40'00'46"E 18.05' L2 N68'20'57"W 24.65' L3 N00'00'00"E 14.36' I G�JOQC=0 `LTCEVOICIB 1(�BMG3MC�� zZ ER3 <:�93'ffG3LZD`ff � MOo o c�,`-2 I Iz CALLED 0.5804 ACRES I to ALTUS BEAUMONT REALTY, L.P. CF. NO. 2010027716 I� OPRJC J \ Q got 6 I Q ► va I o D SCRIBED "X" ( ~ o IN CONCRETE eat Qq@ Z I EXISTING RIGHT OF WAY o i o�paQQ�gi b q SET SCRIBED "X";,1 SIN CONCRETE O i I I I EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION PROPOSED 0.0307 ACRES YJ L'2 LIBERTY AVENUE TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I I FN / 0 W\CAP STAMPED "M.W. WHITELEY & ASSOCIATES" §ET SCRIBED "X" IN IN CONCRETE CA ED 0. iia ACRE'S \ �2 CITY OF BEAUMONT CALL VOL. 1515, PG. 124 DR JC I 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. /yftk® GATE SURVEYED OCTOBER _26,2010 r •<<................. �- y �P•�F,G� � RFo y THOMAS S. ROWE 5728 of 0. �%%...•ESS� �A SUR 0.0307 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF LOTS 16 AND 17 BLOCK 49 AVERILL ADDITION VOL. 1 PGS. 131 do 132 MAP RECORDS BEAUMONT, JEFFERSON COUNTY, TEXAS CORNER \ \I ALTUS BEAUMONT REALTY, L.P. 10-607 1 10-e 7--cr TO AL t K W. WHITELEY AND ASSOCIATES INCORPORATED CONSU C rnrcRom -7 SURvseoits, AND PLAMM ram ldo" avbm � C AmWE P. 0. Sam= DMO 2 D rm. MXDIMIIITtIDD-DIDC MN 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, ALTUS HEALTHCARE MANAGEMENT SERVICES, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN AND NO/100 ($10.00) 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 EXHIBIT "B" 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. ALTUS HEALTHCARE MANAGEMENT SERVICES Printed Name r Title STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared , 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 ALTUS HEALTHCARE MANAGEMENT SERVICES 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 c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 0.0112 Acre Tract or Parcel of Land Out of and Part of Lots 17, 18 and 19, Block 49 Averill Addition Volume 1, Pages 131 and 132, Map Records Beaumont, Jefferson. County, Texas BEING a 0.0112 acre tract or parcel of land situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of Lots 17, 18 and 19, Block 49 of Averill Addition, a subdivision of the City of Beaumont, Jefferson County, Texas according to the plat thereof recorded in Volume 1, Pages 131 and 132, Map Records, Jefferson County, Texas and being out of and part of that certain called 0.5804 acre tract of land as described in a "General Warranty Deed" from Set Asset Properties, L.L.C. to Altus Beaumont Realty, L.P. as recorded in Clerk's File No. 2010027716, Official Public Records of Real Property, Jefferson County, Texas, said 0.0112 acre tract being more particularly described as follows: NOTE: All bearings are based on the assumed bearing of NORTH 00°00'00" EAST for the East right-of-way line of Eleventh Street, the same being the West line of the said Block 49. COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northwest corner of the said 0.5804 acre Altus Beaumont Realty, L.P. tract and said corner also being the Northwest comer of the said Lot 16 and the Southwest corner of Lot 15 of the said Block 49 and being in the East right-of-way line of Eleventh Street (based on a width of 80 feet); THENCE SOUTH 00000'00" WEST, along and with the East right-of-way line of Eleventh Street and the West line of the said Lot 16, for a distance of 76.23 feet to a scribed "X" in concrete found for corner, said corner being the Southwest corner of the said 0.5804 acre Altus Beaumont Realty tract and also being the most Northerly corner of the said 0.134 acre City of Beaumont tract, and also said corner being the beginning of a curve turning to the right having a radius of 227.12 feet and being subtended by a chord bearing SOUTH 67°54'11" EAST having a chord length of 95.40 feet; THENCE SOUTHEASTERLY, along and with said curve to the right and the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for an arc length of 96.12 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner; THENCE SOUTH 40000'46" EAST, along and with the Northerly line of the said 0.134 acre City of Beaumont tract, the same being the existing North right-of-way line of Liberty Avenue, for a distance of 18.05 feet to the POINT OF BEGINNING of the tract herein described, said point being in the proposed North right-of-way line of Liberty Avenue; EXHIBIT "A" MARK W. WHITELEYAND ASSOCIATES, INC THENCE SOUTH 68020'57" EAST, along and with the proposed Northerly right-of--way line of Liberty Avenue, for a distance of 65.36 feet to a scribed "X" in concrete found for corner, said corner being in the existing North right of way line of Liberty Avenue and also said corner being in the South line of the said Lot 19; THENCE NORTH 89052'33" WEST, along and with the existing Northerly right-of-way line of Liberty Avenue, the same being the South line of Lot 18 and 19, for a distance of 40.58 feet to a point for corner, said corner being the most Easterly corner of the said 0.134 acre City of Beaumont tract; THENCE NORTH 40000'46" WEST, along and with the existing Northerly right-of-way line of Liberty Avenue, the same being the Northeasterly line of the said 0.134 acre City of Beaumont tract, for a distance of 31.37 feet to the POINT OF BEGINNING and containing 0.0112 Acres, more or less. Surveyed on October 26, 2010. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). O F • TF ' S T E Thomas S. Rowe, RPLS No. 5728 •••••••"""""""" " THOMAS.S: ROWS 95728 W:\2010\10-607\10-607 _TRACT TO COBm&b.doc (� 9 .Fes ...... G O''SR�1 EXHIBIT "A" Paize 2 of 2 MARK W. WH17ELEY AND ASSOCIATES, INC. D � BROADWAY STREET w (60' ROW) .auji•- o TRUE VIEW REALTY _ C -0wm g PARTNERS TWO, L. P. a 3 N W �°t \ CF. NO. 2006017915 u � o-c�WtA I OPRJC oi3a o_Iwa A oVui u z W POC I nQ�1ilMzZ � T cam( w FND 5/8" I. ROD � oW\CAP STAMPED I I M "M. W. WHITELEY & oASSOCIATES" I I Z ,o ti W`" 0 3 \6 I ,_1 w O I J J w o I� O p I� 0 N J b IZ CALLED 0.5804 ACRES IZ ALTUS BEAUMONT REALTY, L. P. I� I� CF. NO. 2010027716 cr- FND SCRIBED "X" OPRJC Io IN CONCRETE I I SET SCRIBED "X" \ \ I EXISTING RIGHT OF WAY IN CONCRETE \ i \ \ \ W\CAP STAMPED ]� PROPOSED RIGHT OF WAY \ POB I ASSOCIATES° &i \ CORNER EXHIBIT "B" REFER TO EXHIBIT "A" ( \ I FOR LEGAL DESCRIPTION CALLED 0.134 ACRES CITY OF BEAUMONT - X% VOL. 1515, PG. 124 q!! y DRJC y 0 0, LINE BEARING DISTANCE Ll S4aOO'46"E 18.05' L2 S68'20'57"E 65.36' L3 N89'52'33"W 40.58' L4 N40'00'46"W 31.37' TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: OCTOBER 26, 2010 I THOMAS S. ROWE - REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 RIGHT OF WAY C? 9'\0.01 12 ACRES L 92- L3 CALC. CORNER EXISTING RIGHT OF WAY 0.0112 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF LOTS 17, 18 AND 19 BLOCK 49 AVERILL ADDITION VOL. 1 PG. 131 & 132 MAP RECORDS BEAUMONT, JEFFERSON COUNTY, TEXAS 1cq NINI N DESCRIBED "X" IN CONCRETE LIBERTY AVENUE ' CITY OF BEAUMONT - sw _ sovF . s� 1 U-tiUl I /0-W77%WF TO C09.0WQ I MARK W. WHITELEY AND ASSOCIATES INCORPORATED -7CONSULnNG INCID119M SURYKIMM M PLAMCRs fim !� P. 0. m esse ssso Paens rm. mmair� �vvv�e-eu� es►v�r. sue mos �oP-en-sale N RICH WITH OPPORTUNITY 1111CIAI ( T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager] Laura Clark, Chief Financial Officer JV January 11, 2011 REQUESTED ACTION: Council consider approving the purchase of a Digital Archiving System for the Tyrrell Historical Library and accepting a donation of funds. RECOMMENDATION The administration recommends approval of the purchase from OCLC® Digital Archives, of Dublin, Ohio, in the amount of $63,800 and acceptance of a donation in the amount of $63,800 from the Tyrrell Historical Library Association. BACKGROUND OCLC® is the sole source for the CONTENTdm Digital Archive System. OCLC® is a nonprofit, membership, computer library service and research organization dedicated to the public purposes of furthering access to the world's information and reducing information costs. More than 72,000 libraries in 171 countries and territories around the world have used OCLC® services to locate, acquire, catalog, lend and preserve library materials. CONTENTdm® will handle the storage, management and delivery of the Library's collection to users across the Web. Eventually the Library's collection will be viewable to researchers world- wide. Beaumont will participate in a "hosted" version of the product where all data is stored off site in a safe and reliable environment. Librarians and Archivists will input data via a local client attached to computers in the Tyrrell Historical Library. The Association's donation will cover software, installation and the initial year's hosting and maintenance fees. The Association also plans to fund the ongoing yearly fees. The City will be responsible for use of the system as contracted with the vendor, including the ongoing digitization and uploading of the Library collection. BUDGETARY IMPACT None. The purchase will be reimbursed through a donation from the Tyrrell Historical Library Association. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby accepts the donation in the amount of $63,800 from the Tyrrell Historical Library Association for reimbursement of the purchase of a CONTENTdm Digital Archive System from OCLC® Digital Archives, of Dublin, Ohio; and, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a CONTENTdm Digital Archive System from OCLC® Digital Archives, of Dublin, Ohio, in the amount of $63,800 for use by the Tyrrell Historical Library. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - X RICH WITH OPPORTUNITY 11171A,111�10111 T - E - X - A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Mana&V----- Tyrone E. Cooper, City January 11, 2011 Council consider a resolution approving the appointment of Sharae Nicole Bassett as an Assistant City Attorney II and setting her starting compensation. Administration recommends that the appointment of Sharae Nicole Bassett as an Assistant City Attorney II for the City of Beaumont be approved at a starting salary of $44,500. BACKGROUND Under the Charter, the City Attorney may appoint his assistants with the approval of the City Council at such compensation as set by the Council. There have been vacancies created in the department by the resignation of First Assistant Joseph Sanders and the termination of the Municipal Prosecutor, Darrell Vogel. Ms. Bassett is very qualified for the position. Her resume is attached for your review. BUDGETARYIMPACT The amount necessary to pay the salary and benefits of the position are available in the City Attorney's budget. SHARAE N. BASSETT 2901 Basin Street Beaumont, TX 77705 (409) 350.5631 sharaebassett@yahoo.com EDUCATION Texas Southern University, Thurgood Marshall School of Law Houston, TX Juris Doctorate, May 2010 Admitted to the Texas Bar, November 2010 Honors: Jefferson County Bar Association Scholarship Recipient (2007-2008) Henry Doyle Moot Court Competition Winner (2009) Certificate of Special Recognition for Distinguished & Outstanding Services (2010) Activities: Student Bar Association, Constitution Revision Committee (2007-2008); Secretary (2008- 2009) Black Law Students Association, Secretary (2008-2009); Mock Trial, Prosecutor (2008- 2009) Liaison, Student Ambassador (2008-2009); 3L Class President -Elect (2009-2010) Admissions Student Recruiter (2009-2010) TSU Legal Clinic, Student Attorney (2010) Lamar University, College of Business Beaumont, TX Bachelor of Business Administration, Management & Marketing - December 2006 Activities: National Association of Black Journalists (NABJ), Committee Chair of Print Materials EXPERIENCE Criminal Law Tutor Houston, TX Section Tutor, September 2008 to December 2008 • Facilitated weekly group review sessions that reinforced and enriched information covered in class • Constructed unique exercises to benchmark the student's understanding of classroom material, as well as expanded their understanding of specific subjects • Acted as a liaison between the students and professors for the purposes of garnering feedback for student improvement CUSH Communications, Inc Beaumont, TX Office Manager, January 2004 to August 2007 • Managed day-to-day logistics for communications start-up corporation with over 20 employees • Developed and produced motivational magazine with over 10,000 copies distributed across13 states • Provided managerial, marketing and business strategy consultation for local businesses Bassett Tutoring Beaumont, TX Private Tutor, August 2002 to May 2007 • Provided personal assistance for children in grades K-12 in subjects including Science, Math and English as well as standardized test preparation • Provided alternative study skills and tactics to assist children with learning disabilities • Assisted with the creation of science project models for disadvantaged youth References aVAilable UPON REQUEST RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment of Sharae Nicole Bassett as Assistant City Attorney II for the City of Beaumont be and the same is hereby approved and her initial salary is established at $44,500 annually and thereafter as established by the Budget of 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 11171A,[11�10111)( T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Mana er Tyrone E. Cooper, City ttorney January 11, 2011 1�i REQUESTED ACTION: Council consider a resolution approving the appointment of Lauren Michell Beamon as an Assistant City Attorney II and setting her starting compensation. RECOMMENDATION Administration recommends that the appointment of Lauren Michell Beamon as an Assistant City Attorney II for the City of Beaumont be approved at a starting salary of $44,500. BACKGROUND Under the Charter, the City Attorney may appoint his assistants with the approval of the City Council at such compensation as set by the Council. There have been vacancies created in the department by the resignation of First Assistant Joseph Sanders and the termination of the Municipal Prosecutor, Darrell Vogel. Ms. Beamon is very qualified for the position. Her resume is attached for your review. BUDGETARYIMPACT The amount necessary to pay the salary and benefits of the position are available in the City Attorney's budget. Lauren Beamon 3102 Airport (713)628-1763 Houston, TX 77045 LaurenMBeamon@gmail.com EDUCATION THURGOOD MARSHALL SCHOOL OF LAW, TEXAS SOUTHERN UNIVERSITY Houston, TX Juris Doctor, May 2010; Member of the State Bar of Texas since November 2010 Cum Laude Honors: Dean's List - Honors Activities: Student Member — Student Bar Association Member — Environmental Society Member — Black Law Students Association Member — Phi Alpha Delta Legal Fraternity Member — Houston Young Lawyers Association Faculty Appointment Committee — Thurgood Marshall School of Law LOUISANA STATE UNIVERSITY — May 2007 Baton Rouge, LA Major: Bachelor of Arts — Communication Studies Minor: Business Administration Activities: Member — Tiger Athletic Foundation Performer — Hopkins Black Box Theatre PUBLICATIONS L. Darnell Weeden, Race -Conscious Equality Confronts America, President Obama, Justice Sotomayor, Professor Gates, and Sergeant Crowley, 35 THUMARLR 113 (2009) L. Darnell Weeden, Racial Profiling and The Implications of Jena Six in Undermining the Civil Rights of Blacks in American, 36 SOULR 239 (2009) L. Darnell Weeden, English Only Rules in Public Schools Should Be Presumed Illegal, 34 THUMARLR 379 (2009) EXPERIENCE ExxonMobil Corporation Houston, TX Law Clerk November 2009 — Current • Conduct legal research and draft complex legal memorandum • Draft demand letters • Prepare and file documents pertaining to Pro -Bono family law matters • Attend pre-trial hearings • Drafted a successful summary judgment motion Thurgood Marshall Law School Criminal Law Clinic Houston, TX Student Attorney January 2010— May 2010 • Represented indigent clients in misdemeanor matters • Interviewed potential clients • Negotiated plea agreements on our clients behalf • Conduct legal research and writing Thurgood Marshall Law School, Houston, TX Research Assistant, L. Darnell Weeden, Associate Dean January 2009— May 2010 • Conducted legal research • Analyzed substantive and procedural legal issues • Assisted in the formation and editing of law review articles • Drafted preliminary outlines and memoranda summarizing research Rusty Hardin & Associates Houston, TX Summer Clerk May 2009 — August 2009 • Researched legal issues for criminal and civil law cases • Drafted legal memoranda • Assisted in trial preparation and discovery • Attended pre-trial and evidentiary hearings Thurgood Marshall Law School Houston, TX Research Assistant, Constance F. Fain, Earl Carl Professor of Law August 2008 — December 2008 • Conducted legal research pertaining to Constitutional Law INTERESTS Houston Volunteer Lawyers Program, Golf, LSU Football, United Way Campaign RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment of Lauren Michell Beamon as Assistant City Attorney II for the City of Beaumont be and the same is hereby approved and her initial salary is established at $44,500 annually and thereafter as established by the Budget of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - L@1 RICH WITH OPPORTUNITY 111'CA,[11�1011T T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager A� Tyrone E. Cooper, Attorney January 11, 2011 REQUESTED ACTION: Council consider a resolution approving the appointment of Courtney Pitchford Davis as an Assistant City Attorney II and setting her starting compensation. RECOMMENDATION Administration recommends that the appointment of Courtney Pitchford Davis as an Assistant City Attorney II for the City of Beaumont be approved at a starting salary of $44,500. BACKGROUND Under the Charter, the City Attorney may appoint his assistants with the approval of the City Council at such compensation as set by the Council. There have been vacancies created in the department by the resignation of First Assistant Joseph Sanders and the termination of the Municipal Prosecutor, Darrell Vogel. Mrs. Davis is very qualified for the position. Her resume is attached for your review. BUDGETARYIMPACT The amount necessary to pay the salary and benefits of the position are available in the City Attorney's budget. Courtney Pitchford Davis 21 Briarwick Drive - Lumberton, TX 77657 - 409.673.7780 - courtneypdavis@me.com EDUCATION Regent University School of Law, Virginia Beach, Virginia May 2010 juris Doctor Honors and Activities: Deans Scholarship Recipient, 2007-09; Operational Event Coordinator, Moot Court Board Member, 2009-10; BarBri Representative, 2007-10; Volunteer Baliff, Regent Cup Moot Court Competition; Semifinalist in the 1L Regent Moot Court Competition; ABA Member, 2007-09, PILAR (Public Interest Legal Advocates at Regent) Member, 2008-09; Norfolk Juvenile Detention Center Tutor, 2008-09. Evangel University, Springfield, Missouri May 2007 B.A. in Government, B.A. in Communication Studies, Minor in Social Science GPA: 3.88, magna cum laude Honors and Activities: Kendrick-Karmarkovik-Holsinger Graduate Award; Outstanding Graduate in Communication Studies; Deans List (every semester); Alpha Chi Honors Society, 2005-07; President, Evangel University Pre - Law Society, 2005-07; Public Relations Director, Evangel University Lewis Hall Council, 2004-07; Evangel University Varsity Cross Country, 2003-07 (All Conference, All Region, National NAIA Qualifier 2004; Team Captain, 2005-07); Evangel University Varsity Track, 2004-05 (All Conference). LEGAL EXPERIENCE Jefferson County District Attorney's Office, Beaumont, TX, Legal Intern Summer 2009 Conducted research for Assistant District Attorneys. Wrote in-house memorandums. Assisted in the writing of Appellate Court briefs. Observed trials and other court proceedings. Aided the Assistant District Attorneys in preparing and calling witnesses for trial. Lumberton Municipal Courthouse, Lumberton, TX, Legal Intern Summer 2008 Observed all aspects regarding the daily activities and management of the Court. Assisted the Judges and clerks with daily operations. Served as court reporter for the Chief Justice during pre-trial hearings. Observed trials and other court proceedings. OTHER PROFESSIONAL EXPERIENCE Senator Kit Bond's Administrative Office, Springfield, MO, Intern Fall 2006 Maintained database about contacts at lower education Missouri schools. Researched issues and wrote letters to constituents. Organized and filed materials regarding current issues of concerns. Compiled information on current issues that concerned Senator Kit Bond. Department of Homeland Security, Science and Technology, Washington, D.C., Intern Winter 2006 Drafted letters to concerned citizens. Organized and filed communication documents. Observed a confidential meting between the Science and Technology Department and General Electric regarding new safety equipment for the current security threats in America. Congressman Roy Blunt's Campaign, Springfield, MO, Intern Fall 2005 Organized campaign walks for grassroots efforts. Motivated supporters to get involved in campaign efforts. Recruited college students to assist with campaigns. BeAed Corporation, Beaumont, TX, Sales Representative at Safety Trade Shows Summers 2004- 08 Exhibited and relayed information to chemical plant employees as to safety products needed in order to meet current OSHA requirements. Louisiana Assembly of God Kids' Camp, Woodworth, ILA, Director of Game Staff Summer 2007 COMMUNITY Lumberton Youth Summer Track Program, Lumberton, TX, Couch Summer 2008 James River Assembly of God Children's Department, Beaumont, TX, Volunteer 2005-07 Louisiana Assembly of God Kids' Camps, Woodworth, LA, Volunteer Game Staff Summers 1999- 2005 Timber Creek Assembly of God Children's Department, Volunteer Seventh Congressional District, Springfield, MO, Volunteer INTERESTS AND ACTIVITIES I enjoy running in community 5k races, cooking, and participating in church activities. 2003-04 2004 Election RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment of Courtney Pitchford Davis as Assistant City Attorney 11 for the City of Beaumont be and the same is hereby approved and her initial salary is established at $44,500 annually and thereafter as established by the Budget of 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 11EA,11110N* T- E- X- A- S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 11, 2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider adopting an ordinance requiring motorists to give a minimum three feet of distance when approaching or passing a cyclist, pedestrian or other specified road users 2. Consider approving a contract with APAC-Texas, Inc. for the purchase of asphaltic concrete for use by the Streets and Drainage Division 3. Consider approving an annual maintenance agreement with SunGard Public Sector for Police, Fire and EMS public safety software support 4. Consider accepting a donation from Samson Lone Star, LLC for the purpose of providing certain improvements to the Gulf Terrace Hike and Bike Trail WORK SESSION * Review and discuss early voting polling locations in each Ward COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Derrick Newman v. James Cody Guedry, Charles J. Duchamp III, David Todd Burke, Jason J. Torres, and John David Brown Claim of Christy Morgan Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: Ward II City Councilmember Candidates: Lauren Williams Mason Nathan H. Cross Douglas C. Conner Charlie Gibbs Kimberly Ann Kumar Richard S. Mathews Jimmy E. Booker Rhonda E. Ruben Christine L. Stetson Tawana Walter-Cadien Ryan W. Gertz Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. n January 11, 2011 Consider adopting an ordinance requiring motorists to give a minimum three feet of distance when approaching or passing a cyclist, pedestrian or other specified road users RICH WITH OPPORTUNITY 1111COA,111�101100( T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Frank Coffin, Chief of Police 7 �j January 11, 2011 Council to consider adopting an ordinance requiring motorists to give a minimum 3 feet of distance when approaching or passing a cyclist, pedestrian or other specified road users. RECOMMENDATION The Administration recommends adoption of an ordinance establishing a standard safe distance of 3 feet for motorists approaching or passing a cyclist, pedestrian, or other specified road users on the roadway. BACKGROUND Current state law requires motorists to provide cyclists, pedestrians and other specified road users a "safe distance", with no specific distance required. This ordinance establishes a 3 -foot buffer, and establishes a penalty for not those observing that buffer. Five cities in Texas have adopted the ordinance: Austin, Helotes, New Braunfels, San Antonio and El Paso. Violation of the ordinance is a Class C Misdemeanor, subject to a maximum $500 fine. BUDGETARY IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE 20.08 OF THE CODE RELATING TO RESTRICTIONS ON OPERATING A MOTOR VEHICLE NEAR VULNERABLE ROAD USERS, AND CREATING AN OFFENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT SECTION 1. THAT Chapter 20 of the Code of Ordinances be amended by adding a new Article 20.08 Vulnerable Road Users to read as follows: ARTICLE 20.08 VULNERABLE ROAD USERS Sec. 20.08.001 DEFINITIONS In this section, a Vulnerable Road User means: a pedestrian, including a runner, physically disabled person, child, skater, highway construction and maintenance worker, tow truck operator, utility worker, other worker with legitimate business in or near the road or right-of-way, or stranded motorist or passenger; a person on horseback; a person operating equipment other than a motor vehicle, including, but not limited to, a bicycle, handcycle, horse -driven conveyance, or unprotected farm equipment; or a person operating a motorcycle, moped, motor -driven cycle, or motor -assisted scooter. Sec. 20.08.002 OPERATING AT A SAFE DISTANCE (a) An operator of a motor vehicle approaching or passing a vulnerable road user on a highway or street shall: (1) when passing, vacate the lane in which the vulnerable road user is located if the highway or street has two or more marked lanes running in the same direction; or (2) approach or pass the vulnerable road user at a safe distance. (b) For the purpose of Subsection (a)(2), when road conditions allow, safe distance is at least: (1) three feet if the operator's vehicle is a passenger car or light truck; or (2) six feet if the operator's vehicle is a truck, other than a light truck, or a commercial motor vehicle as defined by Texas Transportation Code Section 522.003. Sec. 20.08.003 TURNING REQUIREMENTS (a) An operator of a motor vehicle that is making a left turn at an intersection, including an intersection with an alley or private road or driveway, shall yield the right-of-way to a vulnerable road user who is approaching from the opposite direction and is in the intersection, or is in such proximity to the intersection as to be an immediate hazard. (b) An operator of a motor vehicle may not overtake a vulnerable road user traveling in the same direction and subsequently make a right-hand turn in front of the vulnerable road user unless the operator is safely clear of the vulnerable road user, taking into account the speed at which the vulnerable road user is traveling and the braking requirements of the motor vehicle making the right- hand turn. Sec. 20.08.004 INTIMIDATION PROHIBITED An operator of a motor vehicle may not maneuver the vehicle in a manner that: (1) is intended to cause intimidation or harassment to a vulnerable road user; or (2) threatens a vulnerable road user. Sec.20.08.005 DUE CARE An operator of a motor vehicle shall exercise due care to avoid colliding with any vulnerable road user on a roadway or in an intersection of roadways. Sec. 20.08.006 AFFIRMATIVE DEFENSE It is an affirmative defense to prosecution under this section that at the time of the offense the vulnerable road user was acting in violation of the law. SECTION 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. SECTION 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - 2 January 11, 2011 Consider approving a contract with APAC-Texas, Inc. for the purchase of asphaltic concrete for use by the Streets and Drainage Division RICH WITH OPPORTUNITY BEAUMON* 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. RECOMMENDATION The administration recommends the award of a six (6) month contract to APAC-Texas, Inc., of Beaumont, with an estimated total expenditure of $752,255. BACKGROUND Bids were requested for a six (6) month contract for asphaltic concrete to be used by the Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of street, while hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 10,700 tons of hot laid asphaltic concrete and 700 tons of cold laid asphaltic concrete will be used during the term of the contract. Four (4) vendors were notified with only APAC-Texas responding with a bid as reflected below. Specifications requested pricing for both plant pickup by City personnel and job site delivery by the vendor. The bidder met all product requirements specified and has previously held the contract satisfactorily. Six (6) Month Contract for Asphaltic Concrete January 11, 2011 Page 2 The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit prices: Dd oa Pham ftkup Jeb Site Delivery Hot Laid Concrete $59.00/ton $65.10/ton Cold Laid Concrete $74.95/ton $79.55/ton The prior contract period prices were as follows: Description Pb of Ply Job Site Delivery Hot Laid Concrete $60.00/ton $65.35/ton Cold Laid Concrete $74.95/ton I $79.55/ton BUDGETARY IMPACT Funds for the cold laid concrete are available in the Streets and Drainage Division's operating budget. Funds are available in the Capital Program for the hot laid concrete which is used for street rehabilitation. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of asphaltic concrete for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, APAC-Texas, Inc. of Beaumont, Texas, submitted a bid in the estimated amount of $752,255 in the unit amounts shown below: ; and, Description Plant Pickup Job Site Delivery Hot Laid Concrete $59.00/ton $65.10/ton Cold Laid Concrete $74.95/ton $79.55/ton WHEREAS, City Council is of the opinion that the bid submitted by APAC-Texas, Inc., 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 APAC-Texas, Inc., for a six (6) month contract for the purchase of asphaltic concrete for the Public Works Department, Streets and Drainage Division, in the estimated amount of $752,255 in 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 - 3 January 11, 2011 Consider approving an annual maintenance agreement with SunGard Public Sector for Police, Fire and EMS public safety software support TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Bart Bartkowiak, Chief Technology Officer '913 January 11, 2011 Council consider renewal of an annual maintenance agreement for SunGard Public Sector software support. RECOMMENDATION The Administration recommends payment of an invoice to SunGard Public Sector for the renewal of an annual maintenance agreement for Police, Fire and EMS public safety software support in the amount of $ 231,044.20. BACKGROUND SunGard Public sector software is used by Police, Fire, and EMS Departments. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The software maintenance agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday -Friday, 8-5 support for mobile computers, electronic field reporting, and all record managements applications, and provides annual software upgrades. This agreement is for an annual period beginning January 2011 and includes the following applications. Software Applications Contract Amount OSSI Mobile Dispatching and Field Reporting $58,011.20 OSSI Computer Aided Dispatching with Mapping $58,005.00 OSSI Roster Module $1,170.00 OSSI Firehouse Records Interface $990.00 OSSI EMS Interface to Zoll Patient Billing $1,350.00 OSSI CAD Resource Monitor $11,610.00 Intelligence Module $ 1,200.00 Records Management $49,444.00 Accident Module $5,928.00 Training Module $3,040.00 Automatic Vehicle Locator System $14,484.00 Integrated State Message Switch $10,674.00 Police 2 Citizen $2,000.00 Evidence Notification with bar coding $2,556.00 Quartermaster Module $1,040.00 Animal Services and K9 $2,272.00 Gang Module $1,200.00 Custom Interfaces $6,070.00 Total $231,044.20 BUDGETARYIMPACT The maintenance contract is budgeted in the General Fund. 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 pay an invoice in the amount of $231,044.20 to SunGard Public Sector for the renewal of an annual maintenance agreement for Police, Fire and EMS public safety software support beginning January, 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - C! January 11, 2011 Consider accepting a donation from Samson Lone Star, LLC for the purpose of providing certain improvements to the Gulf Terrace Hike and Bike Trail RICH WITH OPPORTUNITY 11 irc A ► 11 1�1 C1 11 * T• E• X• A• S Mel City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: January 11, 2011 REQUESTED ACTION: Council consider accepting a donation from Samson Lone Star, LLC for the purpose of providing certain improvements to the Gulf Terrace Hike and Bike Trail. RECOMMENDATION The Administration recommends approval. BACKGROUND Samson Lone Star, LLC ("Samson"), an independent oil and gas producer with facilities adjacent to the Gulf Terrace Hike and Bike Trail, wishes to donate $28,500 for shade structures, tables, and benches at the Hike and Bike Trail to benefit the citizens of Beaumont. Samson has discussed this proposal with Drainage District No. 6, which owns the land, and the Drainage District supports the concept and has tentatively agreed to grant the City the use of whatever property is necessary to the project. If approved, staff will work cooperatively with Drainage District No. 6 and Samson to finalize and implement the project. After completion, Samson has agreed to host an event to showcase the improvements and publicize the Hike and Bike Trail. The Staff appreciates the cooperation of Drainage District No. 6 and the generous offer made by Samson for improvements that will benefit the community and enhance the Hike and Bike Trail. To: The City of Beaumont, Beaumont, Texas Attn: City Manager Date: January 11, 2011 Re: Gift of Grant to City of Beaumont, From Samson Lone Star, LLC Samson Lone Star, LLC ("Samson") offers to The City of Beaumont ("City"), (Texas Tax ID number a gift (the "Grant") pursuant to the following terms and conditions of this Terms of Grant ("TOG"): (1) Purpose. This Grant shall be used solely to support the purchase and installation of shade structures, benches and picnic tables for the Gulf Terrace Hike and Bike Facility in Beaumont, Texas (the "Project"). (2) Goal. Samson is making this Grant in order to help City accomplish the goal improving the welfare and health of the Beaumont community. (3) Grant Term. The term of the Grant will commence on January 11`h , 2011, and terminate six months thereafter. (4) Grant Amount. The Grant shall be for Twenty Eight Thousand Five Hundred Dollars ("Grant Amount") ($28,500.00) in the form of a check attached. (5) Reporting. City is requested to provide to Samson the following documents ("Documentation"): a. On or before February 15, 2011, a City Council resolution accepting this Grant; b. Samson will be provided an itemized budget for the Project; c. Samson will be provided a copy of the purchase order(s) and any related service contract(s). d. Samson will be provided a copy of the invoice(s) from the vendor to City and documentation showing that the invoice(s) was paid. (6) Payment. Samson intends to pay this Grant in full on upon resolution of the City Council on January 11, 2011. (7) Project Budeet. Samson and City have collaborated to estimate the Grant funds required. (8) Samson Requests. City and Samson (or its agents) intend to communicate and collaborate on the manner in which the Grant has been expended and/or on the progress of the Project. Samson and City will keep each other informed of any significant changes that may occur in the Project on a timely basis, and a Samson representative may be invited to observe and/or participate in such meetings about the Project as may be appropriate. (9) Recognition of Samson. Samson's contributions to the Project are to be recognized by placing Samson's name, in a form approved by Samson, on all benches purchased using the Grant. City is requested to acknowledge the support of Samson in all publicity disseminated in connection with the Project and in a manner mutually acceptable to Samson and City. (10) Web Site. Samson intends to place a link to its web site and/or to provide relevant contact information on the Samson site so that readers might easily contact City to learn more about the Project. (11) Promotional Event. Samson will collaborate with the City to host one public relations project completion celebration event at the Gulf Terrace Bike and Hike Facility at a date and time to be mutually decided by Samson and City in the future. (12) Easement. City leases the property on which the Project will be completed from Drainage District 6. Drainage District 6 has in principle approved of the improvements to the Gulf Terrace Bike and Hike Facility provided for in the Project and this Grant. Details of the intended installations will be communicated by Samson and the City to DD6 as soon as definitive plans are final. Samson and the City will be obliged to collaborate with Drainage District 6 as may be necessary in due course to adjust the terms of lease or easement on the Gulf Terrace Hike and Bike Facility, to accommodate the placement of the Project improvements. SAMSON LONE STAR, LLC By (Signature) Name (Print) Title Date RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby accepts a donation in the amount of $28,500 from Samson Lone Star, LLC for shade structures, tables, and benches at the Gulf Terrace Hike and Bike Trail. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is authorized to execute all appropriate instruments of conveyance and gift to receive a donation in the amount of $28,500 from Samson Lone Star, LLC for shade structures, tables, and benches at the Gulf Terrace Hike and Bike Trail. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2011. - Mayor Becky Ames - WORKSESSION * Review and discuss early voting polling locations in each ward