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Home My WebLink AboutRES 15-292RESOLUTION NO. 15-292 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute all documents, including, specifically, a License Agreement between the City of Beaumont and Inspire Encourage Achieve (IEA) for the Cops and Kids fitness center to be used by Beaumont Police Department officers and at -risk youth for physical activities and opportunities for positive interaction, including mentoring. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of December, 2015 it1N�� ayor Becky A es - LICENSE AGREEMENT THIS LICENSE AGREEMENT, (the "Agreement"), is made this day of , 20 , by and between (IEA Located at 20 North 11th Street Beaumont Texas 77702), by its managing agent Regina Rogers ("Licensor") and Ci1Y of Beaumont having offices at 801 Main Street. Beaumont, TX 77701, on behalf of the Beaumont Police Department, by its Managing Agent, Kyle Hayes, Contact: Kyle Hayes, City Manager, c/o Beaumont Police Department Phone: 409-880-3801 ("Licensee"). It is understood and agreed that this Agreement is, and is intended to be, a license, granting the Licensee permission to engage in certain acts upon the Licensor's premises, subject to the terms, conditions and limitations set forth herein. 1. License Area: Licensee's rights under this Agreement shall be limited to the specific area identified as shown on Exhibit A, attached hereto and made a part hereof ("License Area"), of the 1EA Building located at 20 North l V" Street, Beaumont, TX 77702 (also known as Suite B) Licensee shall have no right to use any other area of Licensor's premises, other than the area identified on Exhibit A and common areas open to the general public, including access and use of the parking areas. Whenever in this Agreement the term "License Area" is used, such term shall refer to the area listed on Exhibit A during the respective periods. 2. Duration and Payment: With respect to the License Area, Licensee's rights and obligations under this Agreement, including the payment of a monthly fee of two hundred dollars ($200) per month, due and payable the beginning of each month, shall commence on January 1, 2016,(the "Commencement Date") and shall end on December 31, 2016, (the "Expiration Date"). Either party to this Agreement may cancel this Agreement with thirty (30) days notice in writing to the other party. Upon cancellation, any rental payment due for the final month will be prorated. This Agreement will automatically renew at the end of the one year term and will continue under the same terms of this Agreement, unless this Agreement is cancelled in writing, with 30 days notice to the other party to this Agreement. 3. Use: The License Area shall be occupied and used by the Licensee solely for the purpose of a facility for employees of the Beaumont Police Department to use the health and exercise equipment on premises, as well as a place for Beaumont Police Department employees to interact with youth, as part of the Beaumont Police Department's Cops and Kids programs, particularly focusing on healthy lifestyles and positive interactions between youth and the Beaumont Police Department. 4. Utilities: Licensee shall be solely responsible for and shall promptly pay for all fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for electricity furnished to the License Area. At the time of this Agreement the electric utilities to the property, including the Licensed Area (Suite B), are separately metered. The Licensee will change the electric utilities for the Licensed Area (Suite B) into the Licensee's name and Licensee will be responsible for the EXHIBIT "A" electric utilities in the Licensed Area. The Licensor will remain responsible for water and sewer on the property, including water and sewer for the Licensed Area. The water and sewer for the Licensed Area is not currently separately metered. Due to the short duration of this Agreement and the thirty (30) day cancellation provision in this Agreement, the parties have determined not to separate the meters at this time. Instead, the Licensor will remain responsible for the water and sewer bills. The Licensee hereby agrees to reimburse Licensor for one-half of the water/sewer service to the 20 North l la' Street location. Licensor will fax to the Licensee at the following fax number - (409) 880-3844, the monthly water/ sewer statement and, after receipt, the Licensee will pay one half of the monthly statement amount, within 30 days, for the purpose of reimbursing the Licensor for one half of the water and sewer to the location. Should the parties later determine to separate the water meter to this property, then an agreement to separately meter, will be made in writing between the parties to this Agreement. The Licensee does not expect or require any other utilities to the Licensed Area and should any other utilities be provided to the Licensed Area (such as burglar alarm, cable, etc.), any provision of such additional services will be at the discretion and expense of Licensor and may be terminated at any time by Licensor, at Licensor's sole discretion. 5. Condition of License area: Licensee accepts the License area identified and all the equipment contained therein "as is" with no representation or warranty by Licensor regarding the condition of the License area or its suitability for Licensee's use or occupation thereof. The Licensee is authorized to maintain and repair all equipment contained in the License Area, as Licensee, in its sole discretion, deems fit and proper. 6. Permits and Taxes: Any and all taxes, fees and assessments which may be levied or assessed on the portion of the Licensed premises or its equipment or fixtures, by any duly constituted government authority, shall be borne by Licensee to the extent applicable. Because Licensee is a government entity and is tax exempt, the parties do not anticipate any taxes being owed by Licensee. 7. Repair and Maintenance: Licensee shall maintain, at its sole cost and expense, the License Area in good condition, normal wear and tear excepted, except for structural repairs. 8. Insurance: The City of Beaumont is a self-insured municipality and is not required to maintain any insurance on the license area or its contents. 9. Obligation upon Expiration: Upon the Expiration Date or earlier revocation of this Agreement with due notice, Licensee shall remove all of the Licensee's Property and shall within thirty (3 0) days peaceably yield up the License area clean and in, good, repair and condition. 10. Notices: Whenever in this Agreement it shall be required or permitted that notice be given or served by either party to this Agreement or on the other, such notice, shall be given or served, and shall not be deemed to have been duly given or served unless in writing and forwarded by certified or registered mail or nationally recognized overnight courier, addressed to the parties at the addresses set forth: City of Beaumont, 801 Main Street, Beaumont, TX 77701; IEA, 20 North 11 m Street, Beaumont, Texas 77702. I 11. Assignment and Subletting: Licensee shall not sell, assign, mortgage, pledge or transfer this License or any interest therein nor sublet all or any part of the License Area. 12. Non -Waiver Provision: The failure of Licensor to insist upon performance of any of the terms, conditions, and covenants hereof shall not be deemed to be a waiver of any rights or remedies that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions, and covenants herein contained. 13. Binding Agreement: This Agreement contains all the covenants, promises, agreements, conditions, and understandings between Licensor and Licensee. There are no other agreements other than those set forth in this Agreement. This Agreement may not be modified other than in writing. 14. Counterparts: This Agreement may be executed in multiple counterparts, each of which, when so executed, shall be deemed an original, all of which shall together constitute one and the same Agreement, and shall be binding on the signatories. The signature of any party to any counterpart shall be deemed a signature to, and may be appended to any other counterpart. Photocopies, facsimile signatures, or signatures sent via portable document format (PDF), shall be deemed valid as an original. 15. Exhibit to Agreement; An Exhibit is attached to this Agreement and is made a part hereof. IN WI'T'NESS WHEREOF, the parties have executed this Agreement on the day and year first above written, each acknowledging receipt of an executed copy hereof, LICENSOR: i �� 'V K (_ 0 I. I L 1.'.r i_ t1. duir LICENSEE: City of Beaumont PRINT NAME: Kyle Haves Its: City Manager DATE: No Text � JUMP RCPE o JUMP n RCPE R (4' x 4•) JUPAP ROPE (4• x a') I MEN'S I 1 RESTROOM ) f' • . _ ,I -7 WOMEN'S �I I RESTROOM f OFFICE WITF PASSTHRU WINDOW (a X S') HEAVY BAG D HEAVY BAG SPEED PING (2' X 2') l___J SPEED DAG (2' x 2') ENTRY HALLWAY wwiI STORAGE ABOVE. (23•'v X 8') FLOOR PLAN I DOUBLE END PAG DOUBLE END SAG SPEED UAG 12- X �'') DOUBLE END BAO The LxBichc Architectural Group,111c. 7999 Gladys Avenue, Suite 101 - office (409) 860-0197 fax (409) 860 Ol9R T�� www.labiche.com LICENSE ACREEMENT THIS LICENSE AGREEMENT, (the "Agreement"), is made this _ IT"Llely of V_rk�, 20_6 by and between (IEA Located at 20 North I Ith Street Beaumont Texas 77702), by its managing agent Regina Rogers ("Licensor") and C't o eaumot t having offices at 801 Main Street Beaumont TX 77701, on behalf of the Beaumont Police Department, by its Managing Agent, Kyle Hayes, Contact: Kee Haves City l�i�r►ager, c/o Beaumont Police De an rtment Phone: 409-880-3801 ("Licensee"). It is understood and agreed that this Agreement is, and is intended to be, a license, granting the Licensee permission to engage in certain acts upon the Licensoe's premises, subject to the terms, conditions and limitations set forth herein. 1. License Area: Licensee's rights under this Agreement shall be limited to the specific area identified as shown on Exhibit A, attached hereto and made a pail hereof ("License Area"), of the IEA Building located at 20 North I It' Street Beaumm4nt TX 77702 (also known as Suite B) Licensee shall have no right to use any other area of Licensoe's premises, other than the area identified on Exhibit A and common areas open to the general public, including aeeess and use of the parking areas. Whenever in this Agreement the term "License Area" is used, such term shall refer to the area listed on Exhibit A during the respective periods. 2. Duration and Payment: With respect to the License Area, Licensee's rights and obligations under this Agreement, including the payment of a monthly fee of two hundred dollars ($200) per month, due and payable the beginning of each month, shall commence on January 1, 2016,(the "Commencement Date") and shall end on December 31, 2016, (the "Expiration Date"). Either party to this Agreement may cancel this Agreement with thirty (30) days notice in writing to the other party. Upon cancellation, any rental payment due for the final month will be prorated. This Agreement will automatically renew at the end of the one year term and will continue under the same terms of this Agreement, unless this Agreement is cancelled in writing, with 30 days notice to the other party to this Agreement. 3. Use, The License Area shall be occupied and used by the Licensee solely for the purpose of a facility for employees of the Beaumont Police Department to use the health and exercise equipment on premises, as well as a place for Beaumont Police Department employees to interact with youth, as part of the Beaumont Police Department's Cops and Kids programs, particularly focusing on healthy l,ifestyles and positive interactions between youth and the Beaumont Police Department. d. Utilities: Licensee shall be solely responsible for and shall promptly pay for all fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for electricity furnished to the License Area. At the time of this Agreement the electric utilities to the property, including the Licensed Area (Suite B), are separately metered. The Licensee will change the electric utilities for the Licensed Area (Suite B) into the Licensee's name and Licensee will be responsible for the electric utilities in the Licensed Area. The Licensor will remain responsible for water and sewer on the property, including water and sewer for the Licensed Area. The water and sewer for the Licensed Area is not currently separately metered, Due to the short duration of this Agreement and the thirty (30) day cancellation provision in this Agreement, the parties have determined not to separate the meters at this time. Instead, the Licensor will remain responsible for the water and sewer bills. The Licensee hereby agrees to reimburse Licensor for one-half of the water/sewer service to the 20 North I I1h Street location. Licensor will fax to the Licensee at the following fax number - (409) 880-3844, the monthly water/ sewer statement and, after receipt, the Licensee will pay one half of the monthly statement amount, within 30 days, for the purpose of reimbursing the Licensor for one half of the water and sewer to the location, Should the parties later determine to separate the water meter to this property, then an agreement to separately meter, will be made in writing between the parties to this Agreement. The Licensee does not expect or require any other - utilities to the Licensed Area and should any other utilities be provided to the Licensed Area (such as burglar alarm, cable, etc.), any provision of such additional services will be. at the discretion and expense of Licensor and may be terminated at any time by Licensor, at Licensor's sole discretion, 5. Condition of License area: Licensee accepts the License area identified and all the equipment contained therein "as is" with no representation or warranty by Licensor regarding the condition of the License area or its suitability for Licensee's use or occupation thereof. The Licensee is authorized to maintain and repair all equipment contained in the License Area, as Licensee, in its sole discretion, deems fit and proper. 6. Pgrmits and Taxes: Any and all taxes, fees and assessments which may be levied or assessed on the portion of the Licensed premises or its equipment or fixtures, by any duly constituted government authority, shall be borne by Licensee to the extent applicable. Because Licensee is a government entity and is tax exempt, the parties do not anticipate any taxes being owed by Licensee. 7. Repair and Maintenanec: Licensee shall maintain, at its sole cost and expense, the License Area in good condition, normal wear and tear excepted, except for structural repairs. 8. Insurance, The City of Beaumont is a self -insured municipality and is not required to maintain any insurance on the license area or its contents. 9 Obligation upon Expiratiog: Upon the Expiration Date or earller revocation of this Agreement with due notice, Licensee shall remove all of the Licensee's Property and shall within thirty (30) days peaceably yield up the License area clean and in, good, repair and condition. l0. Notices: Whenever in this Agreement it shall be required or permitted that notice be given or served by either party to this Agreement or on the other, such notice, shall be given or served, and shall not be deemed to have been duly given or served unless in writing and forwarded by certified or registered mail or nationally recognized overnight courier, addressed to the parties at the addresses set forth: City of Beaumont, 801 Main Street, Beaumont, TX 77701; ILIA, 20 North i Vh Street, Beaumont, Texas 77702. IF 11. Assignment and Subletting: Licensee shall not sell, assign, mortgage, pledge or transfer This License or any interest therein nor sublet all or any part of the License Area, 12. Non -Waiver Provision: The failure of Licensor to insist upon performance of any of the terms, conditions, and covenants hereof shall not be deemed to be a waiver of any rights or remedies that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions, and covenants herein contained, 13. Minding Agreemet - This Agreement contains all the covenants, promises, agreements, conditions, and understandings between I.Acensor and Licensee. 'There are no other agreements other than those set forth in this Agreement. This Agreement may not be modified other than in writing. Counterparts: This Agreement may be executed in multiple counterparts, each of which, when so executed, shall be deemed an original, all of which shall together constitute one and the same Agreement, and shall be binding on the signatories. The signature of any party to any counterpart shall be deemed a signature to, and may be appended to any other counterpart. Photocopies, facsimile signatures, or signatures sent via portable document format (PDF), shall be deemed valid as an original, 15. Exhibit to Agreement: An Exhibit is attached to this Agreement and is made a part hereof. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written, each acknowledging receipt of an executed copy hereof, LICENSOR: LICENSEE: City of Beaumont BY: PRINT NAME: Kyle Hayes Its-, Cq' Manager DATE: f - r - r f Exhibit A 4-1 . . . . . . . . . . . . . 'Y�, M*,.,,,f-, . rp ;z F] "iffl'y A I D40 X 4� lim (ZXR!) theq$ i 71-11.1-1 WOMEN'S RESTROOM SPUR) OAG (2. x vr) HEAVY SAO (ate [A SPEED I)AG (VXT) OFFI" WIT ENTRY "At LOW WI 0 1 10,110 0"nte p "�Wiu STORAOFAWVF rbi BAG C?40.CA!o X 1�) (4pX "I QPX4) FLOO'R PLAN Em"I"m The LaBiclic Arolli(CCUIrat OfOU14 Inc. 7999 Gladys Avenuo. Sidto 101 offiCe (409) 800-0197 fax (409) 360-0198