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HomeMy WebLinkAboutRES 21-028RESOLUTION NO. 21-028 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 with Orleans San Jacinto, LP, of Beaumont, Texas, for use of the parking lot adjacent to the Jefferson Theatre during the theatre renovation period. The 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 February, 2021. —LWAA- A� *• - BEAUMONT MEMORANDUM OF UNDERSTANDING This agreement between the ORLEANS SAN JACINTO, LP, 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 approximately ten (10) parking spaces adjacent to the East wall of the Jefferson Theatre in the parking lot described as follows: East 35.43' of Lot 204, all of Lot 205 and the North 30' x95.43' of Lot 207, Block 40, Original Town of Beaumont Addition, in the City of Beaumont, Jefferson County, Texas (600-612 Pearl) The consideration and conditions of agreement are fully listed and stated below: 1. The CITY will occupy the parking spaces on a month to month basis during the renovation project of the Jefferson Theatre. 2. The CITY will keep the parking lot clean. 3. The CITY will be responsible for any damage to the parking lot caused as a direct result of the construction project: 4. The CITY will pay $500.00 per month during the period of construction estimated. to be four.(4) to five (5) months for the use of the spaces occupied. 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. The parties agree that this MOU will expire upon completion of the Jefferson Theatre renovation project. Owner will be provided notice of the completion as provided herein. . 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 Office of 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 Orleans San Jacinto, LP, 595 Orleans Street, Suite 1510, Beaumont, Texas 77701. 0 EXHIBIT "A" {INTENTIONALLY LEFT BLANK} IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of 92021. CITY OF BEAUMONT ORLEANS SAN JACINTO, LP By: By: �-- Kyle Hayes City Manager Printed Name: �£�(n '-r-64'1Q'1A Title: `PIS I e6L� I