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Home My WebLink AboutRES 21-114RESOLUTION NO. 21-114 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to accept additional funding from the Texas Historical Commission (THC) for the Emergency Supplemental Historic Preservation Fund Grant in the amount of $29,342.86 for repair of weather related damages to Jefferson Theatre; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept additional funding from the Texas Historical Commission (THC) for the Emergency Supplemental Historic Preservation Fund Grant in the amount of $29,342.86. 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 4th day of May, 2021. �'or Becky IIIIIIIIIINIIIIIVIIIIV F�' 2022016902 STATE OF TEXAS COUNTY OF JEFFERSON AMENDMENT TO GRANT OF EASEMENT This Easement Amendment ("Amendment") made and entered into this � D day of l� , 2022 ("Execution Date"), between the City of Beaumont ("Grantor"), a political subdivision of the State of Texas, and the Texas Historical Commission ("Grantee"), an agency of the State of Texas, in the property described as the Jefferson -Theatre ("Property"), located -at 345 Fannin -Street, Beaumont, Texas, 77701. RECITALS Whereas, the parties to this Amendment entered into an agreement ("Easement") by which the Grantor granted and conveyed to Grantee an interest and easement in the Property, for the conservation and preservation of historic, architectural, archeological, or cultural values, of the nature and character and to the extent set forth in the Easement executed on the 21st of September, 2021; Whereas, Section 24 of the Easement specifies that the parties may by mutual agreement jointly amend this Easement, provided the amendment shall be consistent with the preservation purpose of this Easement and shall not reduce its term of duration; Whereas, there have been no amendments to the Easement since its execution; Whereas, the development grant funded through the Emergency Supplemental Historic Preservation Fund administered by the US Department of the Interior, National Park Service ("Program) required that the Grantor sign a Preservation Easement with Grantee with terms following the guidance in the HPF Grants manual, Chapter 6; Whereas, Modification/Amendment Number 004 to Grant Agreement Number P19AP00014 between the United States Department of the Interior National Park Service and Texas Historical Commission, issued April 28, 2021, supplanted the HPF Grants Manual — Chapter 6 term of preservation covenant/easement guidance with the current competitive project grant guidance for term of preservation covenant/easement; Whereas, the parties desire to amend the Easement by revising its duration to address the changes in the Program's requirements for preservation covenant/easement terms; Now therefore, in consideration of the mutual promises and conditions contained hereunder and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AMENDMENT The Grantor and Grantee agree that the Easement is hereby modified and amended as follows: 1. Section 1: Grant is amended in its entirety with the language below: In consideration of the grant award to Grantor under the Program, Grantor hereby grants and conveys to Grantee an interest and Easement in the Property for the conservation and preservation of historic, architectural, archeological, or cultural values, of the nature and character and to the extent set forth in this Easement, to constitute a servitude upon the Property runningwith the land, for the benefit of and enforceable by Grantee, to have and to hold -the said interest and -Easement -subject to and limited by the provisions of this Easement, to and for Grantee's proper uses for a ten year term beginning on the date of execution of this Amendment. TERMS AND CONDITIONS The parties agree that except as hereby amended the terms and conditions of the Easement shall remain in full force and effect. ENTIRE AGREEMENT The Easement, as amended by this Amendment, contains the entire agreement of the parties hereto with respect to the subject matter hereof. Any representations, inducements, or agreements, oral or otherwise, between the Grantor and Grantee not contained in this Amendment shall not be of any force and effect. This Amendment may not be modified, changed or terminated, in whole or in part, in any manner other than by written consent of the Grantor and Grantee. The undersigned certifies that I am duly authorized to execute this Amendment on my own behalf or on behalf of the Grantor listed below. IN WITNESS THEREOF, the Grantor and Grantee hereto have caused this instrument to be duly executed as of n' , 202a-. Grantor: City of Beaumont By: Chris Boone --- STATE OF TEXAS On this the eday of 1QQ , in the year o_Z, before me, a Notary Public in and for the State of Texas, C U11 S &n Wt= , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the Amendment to the Grant of Easement acknowledged that they executed the same for the purposes therein contained. In witness whereof, I here unto set my hand and official seal. Notary Public TINA GAIL BROUSSARD i{' Gas Notary Public, State of Texas Comm. Expires 01-12-2023 ,OF ,,,�� Notary ID 11435119 Grantee: Texas Historical Co By: Mark Wolfe Executive Director STATE OF TEXAS On this the ="), day of PDDLMr , in the year e%O AR, before me, a Notary Public in and for the State of Texas, - M a rUOCA-�c , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the Amendment to the Grant of Easement acknowledged that they executed the same for the purposes therein contained. In wi ss whereof, I here unto set my hand and official seal. No ry Pu PAIGE NEUMANN Notary Public, State of Texas Notary ID#128042072 My Commission Expires 04.21.2026 Notary without Bond CITY OF BEAUMONT PO BOX 3827 BEAUMONT, TX 77704 FILED AND RECORDED OFFICIAL PUBLIC RECORDS JLaurie Leister, County Clerk _ Jefferson County, Texas May 13, 2022 01:29:19 PM FEE: $34.00 2022016902