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HomeMy WebLinkAboutRES 19-140RESOLUTION NO. 19-140 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 Memorandum of Understanding between the City of Beaumont and Beaumont Preservation Partners, LLC for utilization of the parking lot across from the Jefferson Theatre, after hours and on weekends, for patron parking. Said Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July, 2019. Ir Becky Ames - BEAUMONT TEXAS MEMORANDUM OF UNDERSTANDING This agreement between the BEAUMONT PRESERVATION PARTNERS, LLC, of the County of Jefferson, State of Texas, hereinafter called "Owner", and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called "City", witnesseth: CITY and the OWNER above recited have reached an agreement wherein the OWNER is to authorize the CITY to occupy the parking lot described as follows: All of Lots 208 to Lots 210, Lots 215 to Lots 217 and Lot 219, Block 41, Original Town of Beaumont Addition, in the City of Beaumont, Jefferson County, Texas (right of 505 Orleans Street — Exhibit A) The consideration and conditions of agreement are fully listed and stated below: 1. The CITY will occupy the parking lot after working hours and on weekends. 2. The CITY will clean up after each use. 3. The CITY will provide security when occupying parking lot. 4. The CITY will allow use of a lift truck to replace light bulbs on the parking lot. 5. The CITY will assist with light ground maintenance at the City's discretion. 6. The CITY will repair pot holes, asphalt overlay, and restripe at City's discretion. IT IS FURTHER AGREED THAT ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified. This agreement is neither assignable nor transferable except in conjunction with, and as part of, Owner's conveyance of all the abutting property this agreement serves, through probate or warranty deed or lease. In any such event, City shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to City shall be sufficient if it is mailed or hand delivered to the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas 77704. Any notice to Owner or their successors shall be sufficient if mailed or hand delivered to Beaumont Preservation Partners, LLC, 505 Orleans, Suite 400, Beaumont, Texas 77701. EXHIBIT "A" f INTENTIONALLY LEFT BLANK} IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2019. CITY OF BEAUMONT BEAUMONT PRESERVATION PARTNERS, LLC By: Kyle Hayes City Manager Printed Name: Title: