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HomeMy WebLinkAbout06/15/2021 PACKETr111111111111111111111111111111111111111111111111 U1111111111111111 1111111111111111 TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JUNE 15, 2021 1:30 PM AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognitions X Public Comment: Persons may speak on .Items 1-21 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) Approval of the June 1, 2021 City Council Meeting Minutes 2. Authorize the City Manager to purchase replacement furniture for the Police 911 Operations Center which will be reimbursed by the South East Texas Regional Planning Commission Approve the award of annual contracts for temporary personnel services for various departments 4. Approve revising Resolution 21-123 to award two secondary vendors to provide lubricants for use in city vehicles 5. Approve the purchase of chemicals to be used by Jefferson County Mosquito Control as part of an Interlocal Agreement with Jefferson County 6. Authorize the City Manager to execute a hangar lease agreement with Air Rescue for property located at the Beaumont Municipal Airport 7. Authorize the City Manager to execute a hangar lease agreement with Curtiss & Son for property located at the Beaumont Municipal Airport 8. Authorize the City Manager to execute a hangar lease agreement with Clay Dugas for property located at the Beaumont Municipal Airport 9. Authorize the City Manager to execute a hangar lease agreement with Mark Fertitta for property located at the Beaumont Municipal Airport 10. Authorize the City Manager to execute a hangar lease agreement with St Johns Aviation for property located at the Beaumont Municipal Airport 11. Authorize the City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Conu nission for regional emergency notification registration 12. Authorize the settlement of the lawsuit styled Lizaheth All. Noble, Indh4dually and on behalf of All Others Sinzila4y Situated v. City of Beaumont; Civil Action No. 1:20-cv-400 13. Approve the award of a contract for the replacement of the windows at the Streets and Drainage Administration Building 14. Approve rejecting all bids received for the Jackson Street 12-Inch Water Main Replacement (From Pennsylvania Avenue to Sabine Pass Avenue) REBID 15. Authorize the City Manager to execute Change Order No. 2, to the contract with Texas Pride Utilities, LLC 16. Approve the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system 17. Authorize the City Manager to execute all documents necessary to apply for grant Rinding for the Southeast Texas Auto Theft Task Force REGULAR AGENDA 18. Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main Street 19. Consider a resolution authorizing the City Manager to execute Change Order No. 1, to the contract with Viking Painting, LLC related to the West Elevated Storage Tank Rehabilitation Project 20. Consider an ordinance approving the rates proposed by Centerpoint Energy 21. Consider a request to abandon a portion of an alley located at 3154 Shannon Avenue 22. Consider a request for a Specific Use Permit and a Rezone from RS (Residential Single -Family Dwelling) and NC (Neighborhood Commercial) to GC-MD-2 (Gencral Commercial — Multiple -Family -T- 2) District to allow for a coffee shop located at 3154 Shannon Avenue COMMENTS Public Comment (Persons are limited to 3 minutes) Counciln-tembers/City Manager/City Attorney continent on various matters CLOSED SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Goverrunent Code, to wit: 555 Main Street Consider matters related to contemplated or pending litigation ill accordance with Section 551.071 of the Government Code: Rhonda Scott vs, The City of Beatnnont; Case No. 0207024 Persons with disabilities who playato attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777, I June 15, 2021 Approval of the Jude 1, 2021 City Council Meeting Minutes TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider approval of the June 1, 2021 City Council Meeting Minutes. T E X A S COUNCIL MEETING Albert "A.J." Turner Jr., At -Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neiid, Ward l CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III JUNE 1, 2021 Chris Durio, Ward IV Tyrone Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on June 1, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call Presentation and Recognition Public Comment; Persons may speak on scheduled agenda items 1-3 and 5&6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Edward Petty with Mount Rose Missionary Baptist Church gave the invocation. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Feldschau, Councilmembers Durio, Getz, Turner, Samuel and Neild. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Kenneth R. Evans Day" — June 5, 2021-- Proclamation read by Mayor Ames; received by Dr. Kenneth Evans, President of Lamar University Public Comment: Persons may speak on scheduled agenda items 1-3 and 5&61Consent Agenda None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) Approval of the May 25, 2021 City Council Meeting Minutes Minutes — June 1, 2021 2. Approve a contract with Tri-Con of Beaumont to supply fuel for non -automated fuel sites - Resolution 21-130 3. Authorize the City Manager to execute all documents necessary to enter into an lnterlocal Agreement with Jefferson County for additional mosquito control - Resolution 21-131 Councilmember Getz moved to approve the Consent Agenda with an amendment to Item #2. Mayor Pro Tern Feidschau seconded the motion. AYES: MAYORAMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 4. Consider a request for the conveyance and dedication of private streets and infrastructure located in Wood Hollow Townhomes, Sections 1 & 2 to the City of Beaumont. Alan Cramer, President of the Wood Hollow Town Homes Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Wood Hollow Town Homes Private Drive, and its infrastructure, The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance. An analysis of the request was considered with the following responses: Public Works/Engineering — reject the request because it is a parking lot. Water Utilities — a review of the plat and construction plans shows the water lines are located within a utility easement dedicated to the City of Beaumont. Therefore, the City currently maintains the existing water lines. The sewer lines are not marked on the plats or construction plans. It is recommended to reject the request until the sewer lines are located and reviewed. Fire Department— Fire Marshal Condina reviewed the site and stated the property is more of a driveway and not a street... It is recommended to reject the request because it is a parking lot. Solid Waste -- Solid Waste will not be able to offer residential garbage/heavy trash pickup to these units as there is no place for garbage cans. At a Joint Public Hearing held on May 17, 2021, the Planning Commission recommended 5:0 to deny the request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont. Denial of the request. Minutes — June 1, 2021 Mayor Pro Tern Feldschau moved to DENY A RESOLUTION THAT THE CITY OF BEAUMONT PLANNING COMMISSION RECOMMENDED DENIAL OF A REQUEST FOR THE CONVEYANCE AND DEDICATION OF PRIVATE STREETS AND INFRASTRUCTURE TO THE CITY OF BEAUMONT FOR WOOD HOLLOW TOWNHOMES, SECTIONS 1 &2, AND THAT THE CITY COUNCIL DENIES THE REQUEST TO CONVERT THE PRIVATE STREETS AND OTHER INFRASTRUCTURE FOR WOOD HOLLOW TOWNHOMES, SECTONS 1&2 TO PUBLIC OWNERSHIP, Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, GETZ, TURNER, SAMUEL AND NEILD NAYS; NONE MOTION DENIED Resolution 21-132 DISCUSSION ITEMS 5. Review and discuss a plan to spend approximately $16.54 million in funding from the American Rescue Plan Act of 2021 Todd Simoneaux, Chief Financial Officer reviewed and discussed a plan to spend approximately $16.54 million in funding from the American Rescue Plan Act of 2021. Mr. Simoneaux stated that the Coronavirus State and Local Fiscal Recovery Funds can be used to support public health emergency expenditures by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety of staff and to address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small business, nonprofits, impacted industries, and the public sector. Funds can also be used to replace public sector revenue by using the funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic, as well as to provide premium pay for essential workers and invest in water, sewer, and broadband infrastructure. There was also discussion of proposed water and sewer infrastructure with the design or construction phases and the estimated cost of the water and sewer projects, along with a summary of the proposed uses. 6. Review and discuss the Capital Program and the potential borrowing for street, drainage and general improvement projects Kyle Hayes, City Manager, reviewed and discussed the Capital Program and the potential borrowing for street, drainage and general improvement projects. Mr. Hayes gave a breakdown of the general fund for FY 2021 which is $0.50684; the debt service is $0.20316 which totals $0.71/$100, borrowing for two years for street rehabilitation $16 million, citywide ditching program $4 million and storm water pipe inspections and point repairs $2 million. Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the Regular Agenda portion of the meeting. Public Comments (Persons are limited to three minutes) Minutes -- June 1, 2021 Brian Nepveux 6955 Shanahan Dr. Beaumont TX Spoke to Council regarding a foundation that he will be creating soon called "Make Ends Meet", stated that the purpose of the foundation is to bridge the gap and help single parent households and to provide hot and ready food for their families, stated that he would start off with once a week and as it progresses he would add more days in the week, this program would be for families that utilize SNAP etc., stated that the foundation would be a 501(c)3, he will be coming back to request help from the City, BISD as well as the South East Texas I✓ood Bank and citizens in general for anyone that wants to help * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL - NONE MAYOR PRO TEM FELDSCHAU - REMINDED EVERYONE THAT THE RUNOFF FOR THE MAYOR'S RACE IS COMING UP, EARLY VOTING STARTS .DUNE 7TH AND RUNS THROUGH .TUNE 15TH, ELECTION DAY IS .TUNE 'I9T", ENCOURAGED ALL CITIZENS TO GET OUT AND VOTE, COUNCILMEMBER TURNER - NONE COUNCILMEMBER GETZ - COMMENTED ON THE MEMORIAL ❑AY CEREMONY THAT HE ATTENDED ON MONDAY, IT WAS A WONDERFUL CEREMONY WITH GUEST SPEAKER MAJOR KATY COOK, WHO WAS THE FIRST FEMALE PILOT FOR THE BLUE ANGELS COUNCILMEMBER DURIO - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYEES - NONE MAYOR AMES - NONE Open session of meeting recessed at 3:06 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: 555 Main Street Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Minutes — June 1, 2021 Claim of Lauren Lewis Lizabeth "Beth" M. Noble, Individually and On Behalf of All Others Similarly Situated vs. The City of Beaumont; Case No. 1;20-cv-00400 Becky Ames, Mayor Tina Broussard, City Clerk Minutes M June I, 2021 June 15, 2021 Authorize the City Manager to purchase replacement furniture for the Police 911 Operations Center which will be reimbursed by the South East Texas Regional Planning Commission TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to purchase replacement furniture for the Police 911 Operations Center which will be reimbursed by the South East Texas Regional Planning Commission. BACKGROUND The Police 911 Operations Center currently serves as the primary Public Safety Answering Point (PSAP) for the City and South East Texas region. The SETRPC has obligated $270,020.05 to fully reimburse the City purchase of furniture to replace the obsolete items currently in use. The modern design will also snake the Center more conducive to installing new equipment, enhancing communication between operators and providing a more efficient and comfortable work environment. A layout design and detailed quote are attached. Pricing was obtained from Russ Bassett Corporation of Whittier California through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC connplies with State of Texas' procurement statutes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. CD: t z CD 0. Oi 01. C5 � 1 4,q: � 1 j-A col cn! I), 1)� I'>1 OD W A E ._; NNi CA,: 0, 'Ni cv: m cu. 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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of replacement furniture for use by the Police 911 Operations Center from Russ Bassett Corporation, of Whittier, California, in the amount of $270,020.05 through the Houston -Galveston Area Council (H-GAC) Cooperative Purchasing Program, with the funding to be reimbursed by the South East Texas Regional Planning Commission. 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 15th day of June, 2021. - Mayor Becky Ames - 3 June 15, 2021 Approve the award of annual contracts for temporary personnel services for various departments W T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoncaux, Chief Financial Officer MEETING DATE: .Tune 15, 2021 REQUESTED ACTION: Council consider a resolution approving the award of annual contracts for temporary personnel services for various departments. BACKGROUND Specifications for the contract require temporary staffing agencies to provide pre-screened and qualified individuals on an on -call and as -needed basis. Temporary employees must pass a drug screen and a criminal background search prior to being assigned to the City. The contract specifications requested firm hourly prices inclusive of wages, benefits, testing, screening, workers compensations, taxes, and agency fees. Twelve (12) vendors were solicited and three vendors submitted bids for an annual contract to provide temporary employees to fill positions in business offices, skilled and unskilled laborers, equipment operators, and Licensed Vocational Nurses (LVN). Administration recommends awarding contracts to Advanced Staffing Inc. of Beaumont, as the primary vendor, and American Personnel & Temps of Beaumont and the secondary. A2Z Staffing Solutions did not meet bid specifications. Bid Tabulation attached. FUNDING SOURCE General Fund (26%); Water Utilities Fund (52%) and Solid Waste Fund (22%). RECOMMENDATION Approval of resolution. RESOLUTION NO, WHEREAS, bids were solicited for an annual contract for temporary personnel services for various City departments; and, WHEREAS, Advanced Staffing, Inc., of Beaumont, Texas and American Personnel & Temps, of Beaumont, Texas submitted the lowest bids meeting specifications, as shown in Exhibit "A" attached hereto, for a total amount of $93,320.00 and $105,830.00, respectively; and, WHEREAS, City Council is of the opinion that the bids submitted by Advanced Staffing, Inc., of Beaumont, Texas, and American Personnel & Temps, of Beaumont, Texas, are the lowest responsible bidders providing the best value to the City and should be accepted as primary and secondary providers respectively; 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 bids submitted by Advanced Staffing, Inc., of Beaumont, Texas (primary), and American Personnel & Temps, of Beaumont, Texas (secondary), for an annual contract for temporary personnel services for various City departments, in the dollar amounts as shown on Exhibit "A" attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute contracts with Advanced Staffing, Inc., of Beaumont, Texas, and American Personnel & Temps, of Beaumont, Texas, for the purposes described herein. 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 15th day of June, 2021. - Mayor Becky Ames - Z rrn z � r O � n O Cn d m m o cn a N m n > m O m z z w *a X in J t i 4N W N 1-A z rt o rp rD X = z�n- o o , 0 o o 0 M rnD mro _ d. (DN L3 0- N c rt A C C aN rD rD rD -_ a o o� aL -- CL CL ro n n z ro o, 0 a w �•+ t•+ w N N s-+ � OD o 0 o o 0 0 0 0 0 0 o 0 0 o a o o -C4 in ih i/1- iA. iA. to �o z n m ci7 00 0 0 0 o CO r m Cd � iD a, iD w iD m o o w tD © O O N V w 0 W W o CL W W :5 (A N :n C? in. i!h in v/ v)- in- m p tTl C7 0 o O v In x `Jl 0 0 go O N v w O " `" O p 0 0 0 0 0 ro Q n o O 0 0 O O O ih ih i/� a tD tD N r.r1 N O d 0 co t/} in �n a Ul o rD N o v o o cn o O �n 0 `o0o � ,7 N N T OF� Imo-+ rn iD I�-ti N Cn F� N Fes- O t O Ocn r n tD Cl O U-1p pCD [n C7 V (D � O C7 O O C) © O (D (D C7 O O O C7 O Q 0 o o O O o ih ih if} i i� irr NLn N FJ A (DD v l�n 70 oo ODD 0 Cl) © qppp -Ci R1 N r 0-r Y O CD.P N CFl t(n 41 r 00 r o � O N N v H w X o `F" `l-0 N Q 0 0 0 0 0 o ro ca 0 0 0 0 0 0 rD °- 0 0 0 0 0 0 0 n mooED "a C N 0 0q s Cn > CL C) N w r-D ro 3 Q w CO r`D w N 0� 4 iID ro o Pi 0 m 9 o X Po v H I to rD h' rD N .w Ii June 15, 2021 Approve revising Resolution 21-123 to award two secondary vendors to provide lubricants for use in city vehicles TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider revising Resolution 21-123 to award two secondary vendors to provide lubricants for use in city vehicles. BACKGROUND On May 17, 2021, City Council awarded multiple six-month contracts to supply various lubricants for use by city vehicles and equipment. Sections 2 and 4 were awarded to Tri-Con, Inc., of Beaumont. Since that time, Tri-Con, Inc., has submitted a refusal of acceptance, citing unforeseen volatile market conditions. The secondary vendor for section 2 is Lazer Energy Company, of Houston, in the amount of $3,494.50. The secondary vendor for section 4 is Spidle & Spidle, of Port Arthur, in the amount of $31,335.00. Bid tab is attached. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on May 17, 2021, the City Council of the City of Beaumont, Texas, passed Resolution No. 21-123 awarding a six (6) month contract, with an option to renew for a period of six (6) months at the same pricing as the awarded contract, to Tri-Con, Inc., of Beaumont, Texas, for Section 2 , in the estimated total expenditure of $2,830.85, and Section 4, in the estimated total expenditure of $11,445.00, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment; and, WHEREAS, Tri-Con, Inc., of Beaumont, Texas, has submitted a refusal of acceptance, citing unforeseen volatile market conditions; and, WHEREAS, City Council is of the opinion that the current contract with Tri- Con, Inc., of Beaumont, Texas, should be terminated and the remainder of the current contract, with an option to renew for a period of six (6) months at the same pricing as the awarded contract, be awarded to the next lowest qualified bidder, Lazer Energy Company, of Houston, Texas, for Section 2 in the unit amounts shown on Exhibit "A," attached hereto, for an estimated total expenditure of $3,494.50; and, WHEREAS, City Council is of the opinion that the current contract with Tri- Con, Inc., of Beaumont, Texas, should be terminated and the remainder of the current contract, with an option to renew for a period of six (6) months at the same pricing as the awarded contract, be awarded to the next lowest qualified bidder, Spidle & Spidle, Inc., of Port Arthur, Texas, for Section 4 in the unit amounts shown on Exhibit "A," attached hereto, for an estimated total expenditure of $31,335.00; 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 current contract with Tri-Con, Inc., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months at the same pricing as the awarded contract, awarded to Tri-Con, Inc., of Beaumont, Texas, for Section 2 for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment is hereby terminated and the remainder of the six (6) month contract, with an option to renew for a period of six (6) months at the same pricing as the awarded contract, is awarded to Lazer Energy Company, of Houston, Texas, in the unit amounts shown in Section 2 on Exhibit 'A" attached hereto, for an estimated total expenditure of $3,494.50; and, THAT the current contract with Tri-Con, Inc., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months at the same pricing as the awarded contract, awarded to Tri-Con, Inc., of Beaumont, Texas, for Section 4 for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment is hereby terminated and the remainder of the six (6) month contract, with an option to renew for a period of six (6) months at the same pricing as the awarded contract, is awarded to Spidle & Spidle, Inc., of Port Arthur, Texas, in the unit amounts shown in Section 4 on Exhibit 'A" attached hereto, for an estimated total expenditure of $31,335.00; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Lazer Energy Company, of Houston, Texas, and Spidle & Spidle, Inc., of Port Arthur, Texas, or the purposes described herein. 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 15th day of June, 2021. - Mayor Becky Ames - fn -o C) C D M cn 0 o v rt m � m (D O -I C -I uy r C cL7 Ic p r-, m rzt n, �M, � o T� X 0 G)G7(n N -G�C C)x Cr-U- 0 n i7� ao z -. � .Zi -0 W 0 � C Q CJl �1 � m nj�jC o m C p Q D -n -i -n n zz O O C� C O -I r --I O D r EA V) ' f1 fn rfl W O-10 � co :. m 00 ci (D d7 h m co N W CD- co ;u � - W:730')4y (Js S. � a, 0 Ncri o . 0 N cr, �°a„ (D °° m C) - Nv w ro D Z --i O n r 69 �o ch a -s. N - w rn i - (0D[a. 0 W M N 7L (D Nco .p � ~ C U7 ' � 0 CD© o 0 0cri 0 Ell C) �-0 E n M m m Q � z -1 O :f nr -.. EA Efl W r N �cWD +-4 ti 0) 0 .�.a 0 (31 C) ' P oo m L1 w O in , CD 4 o o Q Cl) m rn X 3 ! 0 O � z o po (DO r r 4, m CD 03 (fl3 © T : m O X cD �. Oho W A m w M rn ,t Q V A C) W _ w a o cn to 0,,� w m r n ww v Q z Q O_ Q a c M n 17 �. tr ro CD - (n „ O v vj -nx � , 3 pp 0 m o@� o x w - 0o N cn M < co ((D N n C O O N N c 00 i w O 0 v 3 CD tr 0 U) T O C 0 O �n Z Q C 0 O-1 m Do- D D � 30 DO rn� C D m m Z I.MI(i11: 5 June 15, 2021 Approve the purchase of chemicals to be used by Jefferson County Mosquito Control as part of an Interlocal Agreement with Jefferson County TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of chemicals to be used by Jefferson County Mosquito Control as part of an Interlocal Agreement with Jefferson County. BACKGROUND On June 1, 2021, by Resolution 21-131, City Council approved an Interlocal Agreement with Jefferson County, for the one time supply of mosquito spray chemicals provided by the Hurricane Harvey Recovery Crisis Agreement (Crisis CoAg) grant in the amount of $50,382.59. Fyfanon is the chemical used by Jefferson County Mosquito Control. Pricing was obtained from Veseris of Austin, at a price of $48.70 per gallon. Total price of $50,382,59 will supply 1,035 gallons of product. Veseris is a Sole Source Vendor. FUNDING SOURCE Crisis CoAg Grant. RECOMMENDATION Approval of the resolution. Company Address Date 6/1/2021 1919 Jacintoport Blvd, Houston, TX 77015 Quotation # Fyfanon UL.V Harvey Phone: 713-203-0436 Customer ID 632011 Quotation For City of Beaumont Purchasing Division P.O. Box 3827, Beaumont, TX 77704 Comments or Special Instructions Delivery to Jefferson County Mosquito Control Quotation valid until: 1/30/2021 Prepared by: Keith L. Haas Subtotal If you have any questions concerning this quotation, please contact: Tax Rate Keith L. Haas 713-203-0436 Sales Tax Shipping Thank you for your businessl TOTAL QV' Fyfanorr Date: January 1, 2021 To Whom It May Concern: fifefic An Agricultural Sclences Company 2929 walnut Street Philadelphia, PA 19104 This letter affirms that FMC Corporation is the sole manufacturer of the trademarked product Fyfanon ULV Insecticide for the calendar year 2021. Fyfanon branded products are sold by FMC Authorized distributors only. Veseris is the exclusive Authorized distributor for FyfanonO ULV bulk delivery in the United States and its territories. This includes deliveries of Fyfanon0 ULV - volumes greater than 1000 gallons - by liquid tank carriers, which is then transferred into customers' owned storage tanks. Please feel free to contact me with any additional information. Sincerely, Wendell Codner Director, Consumer and Environmental Solutions Email: Wendell.codner fmc.com Cell Phone: (609) 410-1417 0 FMC and Fyfanon are trademarks of FMC or an affiliate. 02020 FMC Corporation. All rights reserved. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of mosquito spray chemicals for use by Jefferson County Mosquito Control from Veseris, of Austin, Texas, a sole source provider, in the amount of $48.70 per gallon for a total price of $50,382.59 to be used in conjunction with an Interlocal Agreement with Jefferson County. 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 15th day of June, 2021. - Mayor Becky Ames - T" June 15, 2021 Auttiorize the City Manager to execute a hangar lease agreement with Air Rescue for property located at the Beaumont Municipal Airport TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a hangar lease agreement with Air Reseue for property located at the Beaurnont Municipal Airport. BACKGROUND The lease agreement provides for a rnonth-to-month term commencing upon execution and signing of the lease. All costs associated with the general maintenance of the hangar is the responsibility of the City as described in Section 4 of the lease; however, tenant shall be responsible for repairing any damages to the Hangar caused by the tenant. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of $500,000 for bodily injury and $100,000 for property damage and require to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. Attached, is the proposed lease agreement. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute an Aircraft North Hangar Rental Agreement between the City of Beaumont and Air Rescue for property located at the Beaumont Municipal Airport, 455 Keith Road. The Rental Agreement 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 15th day of June, 2Q21. - Mayor Becky Ames - AIRCRAFT NORTH HANGAR RENTAL AGREEMENT CITY OF BEAUMONT BEAUMONT MUNICIPAL AIRPORT 455 KEITH ROAD BEAUMONT, TEXAS This HANGAR RENTAL AGREEMENT (this "Agreement") entered into as of this day of , 20 by and between the City of Beaumont (the "City") and Air Rescue (the "Tenant"). In consideration of the mutual covenants contained here, and for other good and valuable consideration, the parties hereby agree as follows: 1. Rental of the Hangar: City hereby rents to Tenant, a portion of the South Hangar (the "Hangar"), located at the Beaumont Municipal Airport, 455 Keith Road (the "Airport"), and described as follows: (see Exhibit "A"). The Hangar and office space shall be used and occupied by Tenant for the storage of the following described aircraft: Aircraft Type: Registration No. Owner and Registration Number information will be verified. 2. Term: The term of this Agreement shall be month -to -month, commencing on the day of unless terminated earlier under the terms of the Agreement. Tenant does hereby acknowledge and consent to the City's right to terminate this Agreement by giving thirty (30) days written notice if, in the sole judgment of the City, such termination is necessary or desirable for any reason consistent with the Airport Master Plan development and/or operational needs of the Airport. City reserves the right to terminate this agreement for violation of any portion of agreement, including but not limited to, non-payment and unauthorized use of hangar. 3. Rent and Deposit: Tenant agrees to pay City, as rent for the use and occupancy of the Hangar, the sum of Four Hundred Fifty -Five dollars and no cents 455per month. Upon execution, Tenant must pay to the City the first month's rent and a sum equal to the monthly rental to be held as a Deposit. For the second month and for each monthly term thereafter, Tenant must pay the City, or its designee, the monthly rental each month payable in advance, on or before the first (1st) EXHIBIT "A" day of each month. If that date falls on a Saturday or Sunday, the monthly rental is due on the next business day. Each month's rent must be paid on or before the due date to: City of Beaunxont Central Collections Division 801 Main, Suite 110 Beaumont, Texas 77701 If any monthly rental is not paid on or before the tenth (10"') day of each month, such payment shall bear interest at ten percent (10%) per annum. Tenant's right to possession and all of the City's obligations hereunder are expressly contingent on the prompt payment of rent. Failure to pay rent on the first day of each month may result in termination of the agreement. (See Item 6 of this Agreement.) Upon termination of this Lease, the deposit paid by Tenant will be applied to any unpaid rental, the cost to remove and store Tenant's aircraft or personal property, and the cost to remove and dispose of any trash or debris left on the Leased Premises by Tenant. The Tenant is liable to the City for any remaining rental due, storage costs, or cost of cleanup in excess of the amount of the deposit. Any monies from the deposit remaining will be returned to the Tenant after keys have been returned to the City and all lawful deducts are made by the City. 4. Premises and Services Provided: Tenant agrees to accept all facilities in an "as is" condition and the City is responsible and will pay the expenses of maintaining and repairing the structural components of the Hangar including doors and door mechanisms, and the Tenant shall be responsible for repairing damages to the Hangar caused by the Tenant, other than normal wear and tear. Requests for repairs shall be forwarded to the City's current Facilities Director. Water and electric are provided. No trash service is provided. 5. Use of Hangar: Hangar shall be used for the storage of Tenant's aircraft for private use. 4 a) Tenant may not store any other items, goods, or equipment on the rented premises except those that are necessary for and used in the storage or routine pre-flight owner maintenance of aircraft. If Teriant uses the Hangar for "non -aviation" purposes, defined as "not having any airplane or aircraft stored in said Hangar for ten (10) days" and the City Manager or his/her agent ("Agent") reserves the right to terminate the Agreement upon thirty (30) days' notice to Tenant. b) No commercial activity (activity for profit) of any kind shall be conducted by Tenant, in, from or around the Hangar. c) Maintenance or repair of an aircraft in any hangar shall be performed by a licensed mechanic. Such maintenance shall not include any spark producing equipment however, such minor maintenance as would normally be performed by an aircraft owner without the benefit of an aircraft mechanic is permissible, d) Under no circumstances, will spray -painting of aircraft or any other property be allowed in Hangar. e) Tenant assures that lie will not store gasoline and other aviation fuels in Hangar, other than that fuel stored in the fuel tanks of any operational aircraft. Tenant shall control the conduct and demeanor of its employees and invitees and those doing business with it, in and around Hangar and shall take all necessary steps to remove persons whom the City, for good and sufficient cause, deem objectionable. fl Tenant shall always keep the Hangar clean and free of debris. g) Tenant may not keep an inoperable aircraft on the Leased Premises for more than sixty (60) consecutive days, unless undergoing repair for return to use. h) Tenant may not make alterations to the Leased Premises or place or permit the placement of any signs or similar devices on the Leased Premises. 3 G. Termination: (a) Either party may terminate this Lease at any time by giving 30 days written notice to the other party, except as otherwise provided for in this lease. Upon termination of this Lease for any reason, the Tenant must immediately remove all personal property from the Leased Premises and must surrender the Leased Premises in substantially the same condition as existed at the beginning of the Lease, normal wear and tear excepted. If Tenant fails to give the thirty (30) clays written notice, Tenant will be liable for all rent accrued through the end of the month at which time the City receives notice of agreement termination. (b) If the Tenant fails to pay all or part of the rental as required by this Lease and the failure continues twenty (20) days past the date the rental is due, the City may remove or alter Tenant's lock or place a new lock on the Leased Premises and deny Tenant the right of access thereto until Tenant has paid the rental due. The City will place a written notice on the front door of the Leased Premises stating the name, address, and telephone number of the person from which the new key may be obtained upon payment of the delinquent rent. If the failure to pay rent continues more than twenty (20) days past the date the rental is due, the City may immediately terminate this Lease by giving notice to Tenant. (e) In the event of any default due to the non-payment of rent specified in this contract, the City may take possession of and sell all fixtures, chattels and personal property of every kind and description now or hereafter to be placed, installed or stored by tenant on the Leased Premises; said sales may be made by any manner prescribed by law, with the City crediting the net proceeds upon any indebtedness due or damage sustained by Airport, without prejudice, to further claims to arise later under the terms of this Agreement. (d) Tenant shall comply with all laws, ordinances, and federal regulations and with any direction of any public officer pursuant to law, which shall impose any duty on the Tenant with respect to the aircraft or the occupation of the Hangar. In addition, Tenant shall comply with all standards and policies of the City relating to the Beaumont Municipal Airport or operations on the airport premises. Tenant and guests must not knowingly allow any other person to use the Leased Premises in violation of any Federal, State, or County law or regulation or City ordinance. Failure to comply with all laws, ordinances, regulations, standards, and policies may result in notice from the City and subsequent termination of the lease. (e) Tenant shall maintain a valid airworthiness certificate on the aircraft stored in the Hangar in conformity with FAA regulation 91.203. Any Tenant whose annual inspection of said aircraft is three (3) months past due shall be deemed in breach of this rental agreement unless undergoing maintenance for return to use. Upon such occurrence, this agreement shall automatically terminate. Tenant grants the City, or its designee, the authority to enter the Hangar and remove the aircraft and all property belonging to the Tenant, 7. Sublease/Assignment: Tenant shall not assign this lease nor sublet the Leased Premises. In the event a Tenant sells the aircraft being stored in the Leased Premises, the Tenant shall notify the City within three (3) working days that the sale has occurred. The Tenant has sixty (60) days following the sale to provide the City with information regarding a replacement aircraft. Should the Tenant fail to provide information regarding a replacement aircraft, for any reason, the lease shall terminate and the City shall take possession of the Hangar. The vacated Hangar will be offered for lease to individuals on the waiting list maintained by the City. 8. Right of Inspection: Tenant shall permit the City and the City's agents, representative or employees to enter into or on the Leased Premises at all times for the purpose of inspecting the Leased Premises. Tenant will be given forty-eight (48) fours written notice in advance of inspection date. Tenant may be present during inspection. The City reserves the right to enter Hangar at any reasonable hour to make inspections, replacements, repairs and restorations. The City shall notify the Tenant of intent to enter the leased premises for replacements, repairs or restorations to the premise. In order to allow the Tenant to secure the aircraft in a safe location if necessary. If, in the opinion of the City, an emergency exists requiring immediate action, the City may enter the Hangar to carry out any work or activities in connection with safety, protection or preservation of the Hangar or aircraft stored within S 9. Alterations: Tenant covenants and agrees not to install any fixtures or make any alterations, additions or improvements to the Hangar without the prior written approval of the City and such approval will not be unreasonably will-l-ield. All fixtures installed or additions and improvements made to the Hangar shall upon completion of such additions and improvements, become the City's property and shall remain in the Hangar at the termination of this Agreement, however terminated, without compensation or payment to Tenant. 10. Insurance: Tenant agrees to maintain, at its own expense, for the benefit of itself and the City as an additional insured, liability insurance for property damage or personal injury or death arising as a result of Tenant's occupation of the Leased Premises: Amounts $250,000.00 For each person $500,000.00 For each single occurrence for bodily injury or death $100,000,00 For injury to or destruction of property for each single occurrence within the damage limits of Section 1.01.023(c) of the Texas Civil Practice and Remedies Code, with one or more insurance companies authorized to transact business in Texas and approved by the City. This insurance shall be "occurrence" based. Prior to the commencement of this Agreement, Tenant shall deliver to the City certificates or binders evidencing the existence of the insurance required herein. Such policy or policies shall name both Tenant and the City as insured, The policy or policies shall provide that any loss or damages to buildings, structures or improvements shall be payable to the City of Beaumont, 11. Casualty: In the event the Hangar or the means of access thereto shall be damaged by any cause, the rent payable hereunder shall not abate, provided that the Hangar is not untenantable, as determined by the City's Building Official, and the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts of omission of Tenant, its employees, agents or invitees in which case the rent shall not abate. If the Hangar is 6 rendered untenantable and the City elects not to repair the Hangar, this Agreement shall terminate. 12. Indemnity: Tenant agrees to indemnify and hold the City, its officers and employees, harmless from and against any and all claims, demands costs and expenses, including reasonable attorneys fees for the defense of such claims and demands arising from the conduct or management of the Tenant's activities on the Leased Premises or from any act of negligence of Tenant, its agents, contractors, licensees or invitees in or about the Leased Premises, whether such damage or injury arises frorn the acts of omission of Tenant, its agents, contractors, licensees or invitees solely or in conjunction with any other person, including the City. 13. Force Majeure: The City shall not be liable for its failure to perform this Agreement or any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by an Act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. 14. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Texas. Venue of any disputes shall be in a court of competent jurisdiction in Jefferson County, Texas. 15. Relationship of Parties: The relationship between the City and Tenant shall always and only be that of the City and Tenant. Tenant shall never, at any time during the term of this Agreement, become the agent of the City and the City shall not be responsible for the acts of omission of Tenant, its employees or agents. 16. Remedies Cumulative: The rights and remedies, with respect to any of the terms and conditions of this agreement, shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party at law or in equity. 7 17. Notices: Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested: a. If to the City, addressed to: Chief Financial Officer Finance Department P,O, Box 3827 Beaumont, TX 77704 b, If to Tenant, addressed to: Tenant: Address: City: State: Zip Code: Notices shall be deemed to have been received on the date of receipt, as shown on the return receipt. Each Tenant shall provide the following additional contact information: Home Phone: Work Phone: bmail address: Billing address, if different from above: Cell Phone: Fax Phone: City: State: ZIP: 8 18. Integration: This Agreement constitutes the entire Agreement between the parties, as of its effective date, and supersedes all prior independent agreements between the parties related to the leasing of the Hangar, Any change or modification hereof must be in writing, signed by both parties, 19. Waiver: The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms hereof, 20. Successors Bound: This Agreement shall be binding on and shall inure to the benefit of heirs, legal representatives, successors and assigns of the parties hereto, 21. Severability: If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of parties, IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below, By: Date: Tenant: Air Rescue By: Date: Kyle Hayes, City Manager Printed Name Signature 9 June 15, 2021 Authorize the City Manager to execute a hangar lease agreement with Curtiss & Son for property located at the Beaumont Municipal Airport TEXAS TO: City Council FROM: 1�ylc Hayes, City Manager PRE' PARED BY: Todd Simoncaux, Chief Financial Officer MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a hangar lease agreement with Curtiss & Son for property located at the Beaumont Municipal Airport. BACKGROUND The lease agreement provides for a month -to -month term commencing upon execution and signing of the lease. All costs associated with the general maintenance of the hangar is the responsibility of the City as described in Section 4 of the lease; however, Tenant shall be responsible for repairing any damages to the Hangar caused by the Tenant. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of $500,000 for bodily injury and $100,000 for property damage and require to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. Attached, is the proposed lease agreement. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute an Aircraft North Hangar Rental Agreement between the City of Beaumont and Curtiss & Son for property located at the Beaumont Municipal Airport, 455 Keith Road. The Rental Agreement 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 15th day of June, 2Q21. - Mayor Becky Ames - AIRCRAFT NORTH HANGAR RENTAL AGREEMENT CITY OF BEAUMONT BEAUMONT MUNICIPAL AIRPORT 455 KEITH ROAD BEAUMONT, TEXAS This HANGAR RENTAL AGREEMENT (this "Agreement") entered into as of this day of , 20 by and between the City of Beaumont (the "City") and Curtiss & Son (the "Tenant"). In consideration of the mutual covenants contained here, and for other good and valuable consideration, the parties hereby agree as follows: 1. Rental of the Hangar: City hereby rents to Tenant, a portion of the South Hangar (the "Hangar"), located at the Beaumont Municipal Airport, 455 Keith Road (the "Airport"), and described as follows: (see Exhibit "A"). The Hangar and office space shall be used and occupied by Tenant for the storage of the following described aircraft: Aircraft Type: Registration No. Owner and Registration Number information will be verified. 2. Term: The term of this Agreement shall be month-to-nhonth, commencing on the day of unless terminated earlier under the terms of the Agreement. Tenant does hereby acknowledge and consent to the City's right to terminate this Agreement by giving thirty (30) days written notice if, in the sole judgment of the City, such termination is necessary or desirable for any reason consistent with the Airport Master Plan development and/or operational needs of the Airport. City reserves the right to terminate this agreement for violation of any portion of agreement, including but not limited to, non-payment and unauthorized use of hangar. 3. Rent and Deposit: Tenant agrees to pay City, as rent for the use and occupancy of the Hangar, the sum of Two Hundred Thirty Dollars $230) per month. Upon execution, Tenant must pay to the City the first month's rent and a sunk equal to the monthly rental to be held as a Deposit. For the second month and for each monthly terns thereafter, Tenant must pay the City, or its designee, the monthly rental each month payable in advance, on or before the first (1 st) day of each month. EXHIBIT "A" If that date fails on a Saturday or Sunday, the monthly rental is due on the next business day. Each month's rent must be paid on or before the due date to; City of Beaumont Central Collections Division 801 Main, Suite 110 Beaumont, Texas 77701 If any monthly rental is not paid on or before the tenth (10"') day of each month, such payment shall bear interest at ten percent (10%) per annurn. Tenant's right to possession and all of the City's obligations hereunder are expressly contingent on the prompt payment of rent. Failure to pay rent on the first day of each month may result in termination of the agreement. (See Item 6 of this Agreement.) Upon termination of this Lease, the deposit paid by Tenant will be applied to any unpaid rental, the cost to remove and store Tenant's aircraft or personal property, and the cost to remove and dispose of any trash or debris left on the Leased Premises by Tenant. The Tenant is liable to the City for any remaining rental due, storage costs, or cost of cleanup in excess of the amount of the deposit. Any monies from the deposit remaining will be returned to the Tenant after keys have been returned to the City and all lawfirl deducts are made by the City. 4. Premises and Services Provided: Tenant agrees to accept all facilities in an "as is" condition and the City is responsible and will pay the expenses of maintaining and repairing the structural components of the Hangar including doors and door mechanisms, and the Tenant shall be responsible for repairing darnages to the Hangar caused by the Tenant, other than normal wear and tear. Requests for repairs shall be forwarded to the City's current Facilities Director. Water and electric are provided. No trash service is provided. 5. Use of Hangar: Hangar shall be used for the storage of Tenant's aircraft for private use. z a) Tenant may not store any other items, goods, or equipment on the rented premises except those that are necessary for and used in the storage or routine pre-flight owner maintenance of aircraft. if Tenant uses the Hangar for "non -aviation" purposes, defined as "not having any airplane or aircraft stored in said Hangar for ten (10) days" and the City Manager or his/her agent ("Agent") reserves the right to terminate the Agreement upon thirty (30) days' notice to Tenant. b) No cornnrercial activity (activity for profit) of any kind shall be conducted by Tenant, in, from or around the Hangar. c) Maintenance or repair of an aircraft in any hangar shall be performed by a licensed mechanic. Such maintenance shall not include any spark producing equipment however, such minor maintenance as world normally be performed by an aircraft owner without the benefit of an aircraft mechanic is permissible. d) Under no circumstances, will spray -painting of aircraft or any other property be allowed in Hangar. e) Tenant assures that he will not store gasoline and other aviation fuels in Hangar, other than that fuel stored in the fuel tanks of any operational aircraft. Tenant shall control the conduct and demeanor of its employees and invitees and those doing business with it, in and around Hangar and shall take all necessary steps to remove persons whom the City, for good and sufficient cause, deem objectionable. f) Tenant shall always keep the Hangar clean and free of debris. g) Tenant may not keep an inoperable aircraft on the Leased Premises for more than sixty (60) consecutive days, unless undergoing repair for return to use. h) Tenant may not make alterations to the Leased Premises or place or permit the placement of any signs or similar devices on the Leased Premises. 3 6. Termination: (a) Either party may terminate this Lease at any time by giving 30 days written notice to the other party, except as otherwise provided for in this lease. Upon termination of this Lease for any reason, the Tenant must immediately remove all personal property from the Leased Premises and must surrender the Leased Premises in substantially the same condition as existed at the beginning of the Lease, normal wear and tear excepted. If Tenant fails to give the thirty (30) days written notice, Tenant will be liable for all rent accrued through the end of the inonth at which time the City receives notice of agreement termination. (b) If the Tenant fails to pay all or part of the rental as required by this Lease and the failure continues twenty (20) days past the date the rental is due, the City may remove or alter Tenant's lock or place a new lock on the Leased Premises and deny Tenant the right of access thereto until Tenant has paid the rental due. The City will place a written notice on the front door of the Leased Premises stating the name, address, and telephone number of the person from which the new key may be obtained upon payment of the delinquent rent. If the failure to pay rent continues more than. twenty (20) days past the date the rental is due, the City may immediately terminate this Lease by giving notice to Tenant. (c) In the event of any default due to the non-payment of rent specified in this contract, the City may take possession of and sell all fixtures, chattels and personal property of every kind and description now or hereafter to be placed, installed or stored by tenant on the Leased Premises; said sales may be made by any manner prescribed by law, with the City crediting the net proceeds upon any indebtedness due or damage sustained by Airport, without prejudice, to fiirther claims to arise later under the terms of this Agreement. (d) Tenant shall comply with all laws, ordinances, and federal regulations and with any direction of any public officer pursuant to law, which shall impose any duty on the Tenant with respect to the aircraft or the occupation of the Hangar. In addition, Tenant shall comply with all standards and policies of the City relating to the Beaumont Municipal Airport or operations on the airport premises. Tenant and guests must not knowingly 4 allow any other person to use the Leased Premises in violation of any Federal, State, or County law or regulation or City ordinance. Failure to comply with all laws, ordinances, regulations, standards, and policies may result in notice from the City and subsequent termination of the lease. (e) Tenant shall maintain a valid airworthiness certificate on the aircraft stored in the Hangar in conformity with FAA regulation 91.203. Any Tenant whose annual inspection of said aircraft is three (3) months past due shall be deemed in breach of this rental agreement unless undergoing maintenance for return to use. Upon such occurrence, this agreement shall automatically terminate. Tenant grants the City, or its designee, the authority to enter the Hangar and remove the aircraft and all property belonging to the Tenant. 7. Sublease/Assignment: Tenant shall not assign this lease not sublet the Leased Premises. In the event a Tenant sells the aircraft being stored in the Leased Premises, the Tenant shall notify the City within three (3) working days that the sale has occurred. The Tenant has sixty (60) days following the sale to provide the City with information regarding a replacement aircraft. Should the Tenant fail to provide information regarding a replacement aircraft, for any reason, the lease shall terminate and the City shall take possession of the Hangar, The vacated Hangar will be offered for lease to individuals on the waiting list maintained by the City. 8. Right of Inspection: Tenant shall permit the City and the City's agents, representative or employees to enter into or on the Leased Premises at all times for the purpose of inspecting the Leased Premises. Tenant will be given forty-eight (48) hours written notice in advance of inspection date. Tenant may be present during inspection. The City reserves the right to enter Hangar at any reasonable hour to make inspections, replacements, repairs and restorations. The City shall notify the Tenant of intent to enter the leased premises for replacements, repairs or restorations to the premise. In order to allow the Tenant to secure the aircraft in a safe location if necessary. If, in the opinion of the City, an emergency exists requiring inmiediate action, the City may enter the Hangar to carry out any work or activities in connection with safety, protection or preservation of the Hangar or aircraft stored within 5 9. Alterations: Tenant covenants and agrees not to install any fixtures or make any alterations, additions or improvements to the Hangar without the prior written approval of the City and such approval will not be unreasonably withheld. All fixtures installed or additions and improvements made to the Hangar shall upon completion of such additions and improvements, become the City's property and shall remain in the Hangar at the termination of this Agreement, however terminated, without compensation or payment to Tenant. 10. Insurance: Tenant agrees to maintain, at its own expense, for the benefit of itself and the City as an additional insured, liability insurance for property damage or personal injury or death arising as a result of Tenant's occupation of the Leased Premises: Amounts $250,000.00 For each person $500,000.00 For each single occurrence for bodily injury or death $100,000.00 For injury to or destruction of property for each single occurrence within the damage limits of Section 101.023(c) of the Texas Civil Practice and Remedies Code, with one or more insurance companies authorized to transact business in Texas and approved by the City. This insurance shall be "occurrence" based. Prior to the commencement of this Agreement, Tenant shall deliver to the City certificates or binders evidencing the existence of the insurance required herein. Such policy or policies shall name both Tenant and the City as insured. The policy or policies shall provide that any loss or damages to buildings, structures or improvements shall be payable to the City of Beaumont. 11. Casualty: In the event the Hangar or the means of access thereto shall be damaged by any cause, the rent payable hereunder shall not abate, provided that the Hangar is not untenantable, as determined by the City's Building Official, and the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts of omission of Tenant, its employees, agents or invitees in which case the rent shall not abate. If the Hangar is 6 rendered untenantable and the City elects not to repair the Hangar, this Agreement shall terminate. 12. Indemnity: Tenant agrees to indemnify and hold the City, its officers and employees, harmless from and against any and all claims, demands costs and expenses, including reasonable attorney's fees for the defense of such claims and demands arising from the conduct or management of the Tenant's activities on the Leased Premises or frorn any act of negligence of Tenant, its agents, contractors, licensees or invitees in or about the Leased Premises, whether such damage or injury arises from the acts of omission of Tenant, its agents, contractors, licensees or invitees solely or in conjunction with any other person, including the City. 13. Force Majeure: The City shall not be liable for its failure to perform this Agreement or any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by an Act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. 14. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Texas. Venue of any disputes shall be in a court of competent jurisdiction in Jefferson County, Texas. 15. Relationship of Parties: The relationship between the City and Tenant shall always and only be that of the City and Tenant. Tenant shalt never, at any time during the term of this Agreement, become the agent of the City and the City shall not be responsible for the acts of omission of Tenant, its employees or agents. 16. Remedies Cumulative: The rights and remedies, with respect to any of the terms and conditions of this agreement, shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party at law or in equity. 17. Notices: Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested: a. If to the City, addressed to: 7 Chief Financial Officer Finance Department P.O. Box 3827 Beaumont, TX 77704 b. If to Tenant, addressed to: Tenant: Address: City: State: Zip Code: Notices shall be deemed to have been received on the date of receipt, as shown on the return receipt. Each Tenant shall provide the following additional contact information: Home Phone: Work Phone: E-mail address: Billing address, if different from above: Cell Phone: Fax Phone: City: State: ZIP: IS. Integration: This Agreement constitutes the entire Agreement between the parties, as of its effective date, and supersedes all prior independent agreements between the parties related to the leasing of the Hangar. Any change or modification hereof must be in writing, signed by both 8 parties. 19. Waiver: The waiver by either Marty of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 20. Successors Bound: This Agreement shall be binding on and shall inure to the benefit of heirs, legal representatives, successors and assigns of the parties hereto. 21. Severability: If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. By: Date: Tenant: Curtiss & Son By: Date: Kyle Hayes, City Manager Printed Name Signature 7 0 June 15, 2021 Authorize the City Manager to execute a hangar lease agreement with Clay Dugas for property located at the Beaumont Municipal Airport TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a hangar lease agreement with Clay Dugas for property located at the Beaumont Municipal Airport. BACKGROUND The lease agreement provides for a month -to -month term coninaencing upon execution and signing of the lease. All costs associated with the general maintenance of the hangar is the responsibility of the City as described in Section 4 of the lease; however, Tenant shall be responsible for repairing any damages to the Hangar caused by the Tenant. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of $500,000 for bodily injury and $100,000 for property damage and require to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. Attached, is the proposed lease agreement. FUNDING ,SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute an Aircraft North Hangar Rental Agreement between the City of Beaumont and Clay Dugas for property located at the Beaumont Municipal Airport, 455 Keith Road. The Rental Agreement 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 15th day of June, 2021. - Mayor Becky Ames - AIRCRAFT NORTH HANGAR RENTAL AGREEMENT CITY OF BEAUMONT BEAUMONT MUNICIPAL AIRPORT 455 KEITH ROAD BEAUMONT, TEXAS This HANGAR RENTAL AGREEMENT (this "Agreement") entered into as of this day of , 20 by and between the City of Beaumont (the "City") and Clay Dugas (the "Tenant"). In consideration of the mutual covenants contained here, and for other good and valuable consideration, the parties hereby agree as follows: 1. Rental of the Hangar: City hereby rents to Tenant, a portion of the South Hangar (the "Hangar"), located at the Beaumont Municipal Airport, 455 Keith Road (the "Airport"), and described as follows: (see Exhibit "A"). The Hangar and office space shall be used and occupied by Tenant for the storage of the following described aircraft: Aircraft Type: Registration No. Owner and Registration Number information will be verified. 2. Terra: The term of this Agreement shall be month to-nhonth, commencing on the day of , unless terminated earlier under the terms of the Agreement. Tenant does hereby acknowledge and consent to the City's right to terminate this Agreement by giving thirty (30) days written notice if, in the sole judgment of the City, such termination is necessary or desirable for any reason consistent with the Airport Master Plan development and/or operational needs of the Airport. City reserves the right to terminate this agreement for violation of any portion of agreement, including but not limited to, non-payment and unauthorized use of hangar. 3. Rent and Deposit: Tenant agrees to pay City, as rent for the use and occupancy of the Hangar, the sunk of Two Hundred Thirty Dollars ($230). her month. Upon execution, Tenant must pay to the City the first month's rent and a sum equal to the monthly rental to be held as a Deposit. For the second nhonth and for each monthly term thereafter, Tenant must pay the City, or its designee, the monthly rental each month payable in advance, on or before the first (Ist) day of each month. EXHIBIT "A" If that date falls on a Saturday or Sunday, the monthly rental is due on the next business day. Each month's rent must be paid on or before the due date to; City of Beaumont Central Collections Division 801 Main, Suite 110 Beaumont, Texas 77701 If any monthly rental is not paid on or before the tenth (10"') day of each month, such payment shall bear interest at ten percent (10%) per annual. Tenant's right to possession and all of the City's obligations hereunder are expressly contingent on the pronrpt payment of rent. Failure to pay rent on the first clay of each month may result in termination of the agreement. (See Item 6 of this Agreement.) Upon termination of this Lease, the deposit paid by Tenant will be applied to any unpaid rental, the cost to remove and store Tenant's aircraft or personal property, and the cost to remove and dispose of any trash or debris left on the Leased Premises by Tenant. The Tenant is liable to the City for any remaining rental due, storage costs, or cost of cleanup in excess of the amount of the deposit. Any monies from the deposit remaining will be returned to the Tenant after keys have been returned to the City and all lawful deducts are made by the City. 4. Premises and Services Provided: Tenant agrees to accept all facilities in an "as is" condition and the City is responsible and will pay the expenses of maintaining and repairing the structural components of the Hangar including doors and door mechanisms, and the Tenant shall be responsible for repairing damages to the Hangar caused by the Tenant, other than normal wear and tear. Requests for repairs shall be forwarded to the City's current Facilities Director. Water and electric are provided. No trash service is provided. 5. Use of Hangar. IIangar shall be used for [lie storage of Tenant's aircraft for private use. rA a) Tenant may not store any other items, goods, or equipment on the rented premises except those that are necessary for and used in the storage or routine pre-flight owner maintenance of aircraft. If Tenant uses the Hangar for "non -aviation" purposes, defined as "not having any airplane or aircraft stored in said Hangar for ten (10) days" and the City Manager or his/her agent ("Agent") reserves the right to terminate the Agreement upon thirty (30) clays' notice to Tenant. b) No connzmercial activity (activity for profit) of any kind shall be conducted by Tenant, in, from or around the Hangar. c) Maintenance or repair of an aircraft in any hangar shall be performed by a licensed mechanic. Such maintenance shall not include any spark producing equipment however, such minor maintenance as would normally be performed by an aircraft owner without the benefit of an aircraft mechanic is permissible. d) Under no circumstances, will spray -painting of aircraft or any other property be allowed in Hangar. e) Tenant assures that lie will not store gasoline and other aviation fuels in Hangar, other than that fuel stored in the fuel tanks of any operational aircraft. Tenant shall control the conduct and demeanor of its employees and invitees and those doing business with it, in and around Hangar and shall take all necessary steps to remove persons whom the City, for good and sufficient cause, decor objectionable. 0 Tenant shall always keep the Hangar clean and free of debris. g) Tenant may not keep an inoperable aircraft on the Leased Premises for more than sixty (60) consecutive days, unless undergoing repair for return to use. h) Tenant may not make alterations to the Leased Premises or place or perinit the placement of any signs or similar devices on the I.,eased Premises. 3 G. Termination: (a) Either party may terminate this Lease at any time by giving 30 days written notice to the other party, except as other«rise provided for in this lease. Upon termination of this Lease for any reason, the Tenant must immediately remove all personal property from the Leased Premises and must surrender the Leased Premises in substantially the same condition as existed at the beginning of the Lease, normal wear and tear excepted. If Tenant fails to give the thirty (30) days written notice, Tenant will be liable for all rent accrued through the end of the month at which time the City receives notice of agreement termination. (b) If the Tenant fails to pay all or part of the rental as requited by this Lease and the failure continues twenty (20) days past the date the rental is due, the City may remove or alter Tenant's lock or place a new loek on the Leased Premises and deny Tenant the right of access thereto until Tenant has paid the rental due. The City will place a written notice on the front door of the Leased Premises stating the name, address, and telephone number of the person from which the new key may be obtained upon payment of the delinquent rent. If the failure to pay rent continues more than twenty (20) days past the date the rental is due, the City may immediately terminate this Lease by giving notice to Tenant. (c) In the event of any del-ault due to the non-payment of rent specified in this contract, the City may take possession of and sell all fixtures, chattels and personal property of every kind and description now or herea{ er to be placed, installed or stored by tenant on the Leased Premises; said sales may be made by any manner prescribed by law, with the City crediting the net proceeds upon any indebtedness due or damage sustained by Airport, without prejudice, to fiarther claims to arise later under the terms of this Agreement. (d) Tenant shall comply with all laws, ordinances, and federal regulations and with any direction of any public officer pursuant to law, which shall impose any duty on the Tenant with respect to the aircraft or the occupation of the Hangar. In addition, Tenant shall comply with all standards and policies of the City relating to the Beaumont Municipal Airport or operations on the airport premises. Tenant and guests must not knowingly 4 allow any other person to use the Leased Premises in violation of any Federal, State, or County lam, or regulation or City ordinance. Failure to coinply with all laws, ordinances, regulations, standards, and policies may result in notice from the City and subsequent termination of the lease. (e) Tenant shall maintain a valid airworthiness certificate on the aircraft stored in the Hangar in conformity with FAA regulation 91.203. Any Tenant whose annual inspection of said aircraft is three (3) months past due shall be deemed in breach of this rental agreement unless undergoing maintenance for return to use. Upon such occurrence, this agreement shall automatically terminate. Tenant grants the City, or its designee, the authority to enter the Hangar and remove the aircraft and all property belonging to the Tenant. 7. Sublease/Assignment: Tenant shall not assign this lease nor sublet the Leased Premises. In the event a Tenant sells the aircraft being stored in the Leased Premises, the Tenant shall notify the City within three (3) working days that the sale has occurred. The Tenant has sixty (60) days following the sale to provide the City with information regarding a replacement aircraft. Should the Tenant fail to provide information regarding a replacement aircraft, for any reason, the lease shall terminate and the City shall take possession of the Hangar. The vacated Hangar will be offered for lease to individuals on the waiting list maintained by the City. S. Right of Inspection: Tenant shall permit the City and the City's agents, representative or employees to enter into or on the Leased Premises at all times for the purpose of inspecting the Leased Premises. Tenant will be given forty -Light (48) hours written notice in advance of inspection date. Tenant may be present during inspection. The City reserves the right to enter Hangar at any reasonable hour to make inspections, replacements, repairs and restorations. The City shall notify the Tenant of intent to enter the leased premises for replacements, repairs or restorations to the premise. In order to allow the Tenant to secure the aircraft in a safe location if necessary. If, in the opinion of the City, an emergency exists requiring inunediate action, the City may enter the Hangar to carry out any work or activities in connection with safety, protection or preservation of the Hangar or aircraft stored within I 9. Alterations: Tenant covenants and agrees not to install any fixtures or make any alterations, additions or improvements to the Hangar without the prior written approval of the City and such approval will not be unreasonably withheld. All fixtures installed or additions and improvements n-lade to the Hangar shall upon completion of such additions and improvements, become the City's property and shall remain in the Hangar at the termination of this Agreement, however terminated, without compensation or payment to Tenant. 10. Insurance: Tenant agrees to maintain, at its own expense, for the benefit of itself and the City as an additional insured, liability insurance for property damage or personal injury or death arising , as a result of Tenant's occupation of the leased Premises: Amounts $250,000.00 For each person $500,000.00 For each single occurrence for bodily injury or death $100,000.00 For injury to or destruction of property for each single occurrence within the damage limits of Section 101.023(c) of the Texas Civil Practice and Remedies Code, with one or more insurance companies authorized to transact business in Texas and approved by the City. This insurance shall be "occurrence" based. Prior to the cornmencenlent of this Agreement, Tenant shall deliver to the City certificates or binders evidencing the existence of the insurance required herein. Stich policy or policies shall nanne both Tenant and the City as insured. The policy or policies shall provide that any loss or damages to buildings, structures or improvements shall be payable to the City of Beaumont. 11. Casualty: In the event the Hangar or the means of access thereto shall be damaged by any cause, the rent payable hereunder shall not abate, provided that the Hangar is not untenantable, as determined by the City's Building Official, and the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts of omission of Tenant, its employees, agents or invitees in which case the rent shall not abate. If the Hangar is C rendered untenantable and the City elects not to repair the Hangar, this Agreement shall terminate. 12. Indemnity: Tenant agrees to indemnify and hold the City, its officers and employees, harmless from and against any and all claims, demands costs and expenses, including reasonable attorney's fees for the defense of such claims and demands arising from the conduct or management of the Tenant's activities on the Leased Premises or Iron any act of negligence of Tenant, its agents, contractors, licensees or invitees in or about the Leased Premises, whether such damage or injury arises from the acts of omission of Tenant, its agents, contractors, licensees or invitees solely or in conjunction with any other person, including the City, 13. Force Ma,jeure: The City shall not be liable for its failure to perform this Agreement or any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by an Act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. 14. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Texas. Venue of any disputes shall be in a court of competent jurisdiction in Jefferson County, Texas. 15. Relationship of Parties: The relationship between the City and Tenant shall always and only be that of the City and Tenant. Tenant shall clever, at any time during the term of this Agreement, become the agent of the City and the City shall not be responsible for the acts of omission of Tenant, its employees or agents. 16. Remedies Cumulative: The rights acid remedies, with respect to any of the terms and conditions of this agreement, shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party at law or in equity. 17. Notices: Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested: a. If to the City, addressed to: 7 Chief Financial Officer Firm nce Departanient P.O. Box 3827 Beaulnnont, TX 77704 b. If to Tens€nt, addressed to: Temmlt: Address: City: State: Zip Code: Notices shall be deemed to have been received on the date of receipt, as shown on the return receipt. Each Tenant shall provide the following additional contact information: Home Phone: Cell Phone: Work Phone: Fax Phone: E-mail address: Billing address, if different fronn above: City: State: ZIP: 18. Integration: This Agreemenl constitutes the entire Agreement between the parties, as of its effective date, and supersedes all prior independent agreements between the parties related to the leasing of the Hangar. Any change or modification hereof must be in writing, signed by both 8 parties. 19. Waiver: The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 20. Successors Bound: "Phis Agreement shall be binding on and shall inure to the benefit of heirs, legal representatives, successors and assigns of the parties hereto. 21. Severability: If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining; provisions shall continue in effect as nearly as possible in accordance with the original intent of parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. By: Date: Tenant: Clay Douglas itz Date: Kyle Hayes, City Manager Printed Name Signature Z June 15, 2021 Authorize the City Manager to execute a hangar lease agreement with Mark Fertitta for property located at the Beaumont Municipal Airport TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a hangar lease agreement with Mark Fertitta for property located at the Beaumont Municipal Airport. BACKGROUND The lease agreement provides for a month -to -month term commencing upon execution and signing of the lease. All costs associated with the general maintenance of the hangar is the responsibility of the City as described in Section 4 of the lease; however, Tenant shall be responsible for repairing any damages to the Hangar caused by the Tenant. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of $500,000 for bodily injury and $100,000 for property damage and require to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. Attached, is the proposed lease agreement. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute an Aircraft North Hangar Rental Agreement between the City of Beaumont and Mark Fertitta for property located at the Beaumont Municipal Airport, 455 Keith Road. The Rental Agreement 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 15th day of June, 2021. - Mayor Becky Ames - AIRCRAFT NORTH HANGAR RENTAL AGREEMENT CITY OF BEAUMONT BEAUMONT MUNICIPAL AIRPORT 455 la, ITH ROAD BEAUMONT, TEXAS This HANGAR RENTAL AGREEMENT (this "Agreement") entered into as of this day of , 20 by and between the City of Beaumont (the "City") and Mark Fertitta (the "Tenant"). In consideration of the mutual covenants contained here, and for other good and valuable consideration, the parties hereby agree as follows: 1. Rental of the Hangar: City hereby rents to Tenant, a portion of the South Hangar (the "Hangar"), located at the Beaumont Municipal Airport, 455 Keith Road (the "Airport"), and described as follows: (see Exhibit "A"). The Hangar and office space shall be used and occupied by Tenant for the storage of the following described aircraft: Aircraft Type; Registration No. Owner and Registration Number information will be verified. 2. Term: The term of this Agreement shall be month -to -month, commencing on the day of unless terminated earlier under the terms of the Agreement. Tenant does hereby acknowledge and consent to the City's right to terminate this Agreement by giving thirty (30) days written notice if, in the sole judgment of the City, such termination is necessary or desirable for any reason consistent with the Airport Master Plan development and/or operational needs of the Airport. City reserves the eight to terminate this agreement for violation of any portion of agreement, including but not limited to, non-payment and -unauthorized use of hangar. 3. Rent and Deposit: Tenant agrees to pay City, as rent for the use and occupancy of the Hangar, the sum of One Hundred Twelve dollars ($112) per month. Upon execution, Tenant must pay to the City the first month's rent and a semi equal to the monthly rental to be held as a Deposit. For the second month and for each monthly term thereafter, Tenant must pay the City, or its designee, the monthly rental each month payable in advance, on or before the first (1st) day of each month. EXHIBIT "A" If that date falls on a Saturday or Sunday, the monthly rental is due on the next business day. Each month's rent must be paid on or before the due date to: City of Beaumont Central Collections Division 801 Main, Suite 110 Beaumont, Texas 77701 If any monthly rental is not paid on or before the tenth (10"') day of each month, such payment shall bear interest at ten percent (10%) per annum. Tenant's right to possession and all of the City's obligations hereunder are expressly contingent on the prompt payment of rent. Failure to pay rent on the first day of each month may result in termination of the agreement, (See Item 6 of this Agreement.) Upon termination of this Lease, the deposit paid by Tenant will be applied to any unpaid rental, the cost to remove and store Tenant's aircraft or personal property, and the cost to remove and dispose of any trash or debris left on the Leased Premises by Tenant, The Tenant is liable to the City for any remaining rental due, storage costs, or cost of cleanup in excess of the amount of the deposit. Any monies from the deposit remaining will be returned to the Tenant after keys have been returned to the City and all lawfijl deducts are made by the City. 4. Premises and Services Provided: Tenant agrees to accept all facilities in an "as is" condition and the City is responsible and will pay the expenses of maintaining and repairing the structural components of the Hangar including doors and door mechanisms, and the Tenant shall be responsible for repairing damages to the Hangar caused by the Tenant, other than normal wear and tear. Requests for repairs shall be forwarded to the City's current Facilities Director. Water and electric are provided. No trash service is provided. 2 5. Use of Hangar: Hangar shall be used for the storage of Tenant's aircraft for private use, a) Tenant may not store any other items, goods, or equipment on the rented premises except those that are necessary for and used in the storage or routine pre-flight owner maintenance of aircraft. If Tenant uses the Hangar for "non -aviation" purposes, defined as "not having any airplane or aircraft stored in said Hangar for ten (10) days" and the City Manager or his/her agent ("Agent") reserves the right to terminate the Agreement upon thirty (30) days' notice to Tenant. b) No comiiercial activity (activity for profit) of any kind shall be conducted by Tenant, in, fiom or around the Hangar. c) Maintenance or repair of an aircraft in any hangar shall be performed by a Iicensed mechanic. Such maintenance shall not include any spark producing equipment however, such minor maintenance as would normally be performed by an aircraft owner without the benefit of an aircraft mechanic is permissible. d) Under no circumstances, will spray -painting of aircraft or any other property be allowed in Hangar. e) Tenant assures that he will not store gasoline and other aviation fuels in Hangar, other than that ftiel stored in the Riel tanks of any operational aircraft. Tenant shall control the conduct and demeanor of its employees and invitees and those doing business with it, in and around Hangar and shall take all necessary steps to remove persons whom the City, for good and sufficient cause, deem objectionable. f) Tenant shall always keep the Hangar clean and free of debris. g) Tenant may not keep an inoperable aircraft on the Leased Premises for more than sixty (60) consecutive days, unless undergoing repair for return to use, h) Tenant may not make alterations to the Leased Premises or place or permit the 3 placennent of any signs or similar devices on the Leased Premises. G. Termination: (a) Either party may terminate this Lease at any time by giving 30 days written notice to the other party, except as otherwise provided for in this lease. Upon termination of this Lease for any reason, the Tenant must inunediately remove all personal property from the Leased Premises and must surrender the Leased Premises in substantially the same condition as existed at the beginning of the Lease, normal wear and tear excepted. If Tenant fails to give the thirty (30) days written notice, Tenant will be liable for all rent accrued through the end of the month at which time the City receives notice of agreement termination. (b) If the Tenant fails to pay all or part of the rental as required by this Lease and the fail -Lire continues twenty (20) days past the date the rental is due, the City may remove or alter Tenant's lock or place a new lock on the Leased Premises and deny Tenant the right of access thereto until Tenant has paid the rental due. The City will place a written notice on the fi•ont door of the Leased Premises stating the name, address, and telephone number of the person from which the new key may be obtained upon payment of the delinquent rent. If the failure to pay rent continues more than twenty (20) days past the date the rental is due, the City inay immediately terminate this Lease by giving notice to Tenant. (c) In the event of any default due to the non-payment of rent specified in this contract, the City may take possession of and sell all fixtures, chattels and personal property of every kind and description now or hereafter to be placed, installed or stored by tenant on the Leased Premises; said sales may be made by any manner prescribed by law, with the City crediting the net proceeds upon any indebtedness due or damage sustained by Airport, without prejudice, to fiirther claims to arise later under the terms of this Agreement. (d) Tenant shall comply with all laws, ordinances, and federal regulations and with any direction of any public officer pursuant to law, which shall impose any duty on the Tenant 4 with respect to the aircraft or the occupation of the Hangar. In addition, Tenant shall coinply with all standards and policies of the City relating to the Beaumont Municipal Airport or operations on the airport premises. Tenant and guests must not knowingly allow any other person to use the Leased Premises in violation of any Federal, State, or County law or regulation or City ordinance. Failure to comply with all laws, ordinances, regulations, standards, and policies may result in notice from the City and subsequent termination of the lease. (e) Tenant shall maintain a valid airworthiness certificate on the aircraft stored in the Hangar in conformity with FAA regulation 91.203. Any Tenant whose annual inspection of said aircraft is three (3) months past due shall be deemed in breach of this rental agreement unless undergoing maintenance for return to use. Upon such occurrence, this agreement shall automatically terminate. Tenant grants the City, or its designee, the authority to enter the Hangar and remove the aircraft and all property belonging to the Tenant. 7. Sublease/Assignment: Tenant shall not assign this lease nor sublet the Leased Premises. In the event a Tenant sells the aircraft being stored in the Leased Premises, the Tenant shall notify the City within three (3) working days that the sale has occurred. The Tenant has sixty (60) days following the sale to provide the City with information regarding a replacernent aircraft. Should the Tenant fail to provide information regarding a replacement aircraft, for any reason, the lease shall terminate and the City shall take possession of the Hangar. The vacated Hangar will be offered for lease to individuals on the waiting list maintained by the City. 8. Right of Inspection: Tenant shall permit the City and the City's agents, representative or ernployees to enter into or on the Leased Premises at all times for the purpose of inspecting the Leased Premises. Tenant will be given forty-eight (48) hours written notice in advance of inspection date. Tenant may be present during inspection. The City reserves the right to enter Hangar at any reasonable hoar to make inspections, replacements, repairs and restorations. The City shall notify the Tenant of intent to enter the leased premises for replacements, repairs or restorations to the premise. In order to allow the Tenant to secure the aircraft in a safe location if necessary. If, in the opinion of E the City, an emergency exists requiring immediate action, the City play enter the Hangar to carry out any work or activities in connection with safety, protection or preservation of the Hangar or aircraft stored within 9. Alterations: Tenant covenants and agrees not to install any fixtures or make any alterations, additions or improvements to the Hangar without the prior written approval of the City and such approval will not be unreasonably withheld. All fixtures installed or additions and improvements made to the Hangar shall upon completion of such additions and improvements, become the City's property and shall remain in the Hangar at the termination of this Agreement, however terminated, without compensation or payment to Tenant. 10.1nsurance: Tenant agrees to maintain, at its own expense, for the benefit of itself and the City as an additional insured, liability insurance for property damage or personal injury or death arising as a result of Tenant's occupation of the Leased Premises: Amounts $250,000.00 For each person $500,000.00 For each single occurrence for bodily injury or death $100,000.00 For injury to or destruction of property for each single occurrence within the damage limits of Section 101,023(c) of the Texas Civil Practice and Remedies Code, with one or more insurance companies authorized to transact business in Texas and approved by the City. This insurance shall be "occurrence" based. Prior to the con-miencement of tlus Agreement, Tenant shall deliver to the City certificates or binders evidencing the existence of the insurance required herein. Such policy or policies shall naunc both Tenant and the City as insured. The policy or policies shall provide that any loss or damages to buildings, structures or improvements shall be payable to the City of Beaumont. 11. Casualty: In the event the Hangar or the means of access thereto shall be damaged by any cause, the rent payable hereunder shall not abate, provided that the Hangar is not untenantable, as determined by the City's Building Official, and the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts of omission of Tenant, its employees, agents or invitees in which case the rent shall not abate, If the Hangar is rendered untenantable and the City elects not to repair the Hangar, this Agreement shall terminate. 12. Indemnity: Tenant agrees to indemnify and bold the City, its officers and employees, harmless from and against any and all claims, demands costs and expenses, including reasonable attorney's fees for the defense of such claims and demands arising from the conduct or management of the Tenant's activities on the Leased Premises or from any act of negligence of Tenant, its agents, contractors, licensees or invitees in or about the Leased Premises, whether such damage or injury arises from the acts of omission of Tenant, its agents, contractors, licensees or invitees solely or in conjunction with any other person, including the City. 13. Force Majeure: The City shall not be liable for its failure to perform this Agreement or any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by an Act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. 14. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Texas, Venue of any disputes shall be in a court of competent jurisdiction in Jefferson County, Texas. 15. Relationship of Parties: The relationship between the City and Tenant shall always and only be that of the City and Tenant. Tenant shall never, at any time during the term of this Agreement, become the agent of the City and the City shall not be responsible for the acts of omission of Tenant, its employees or agents. 16. Remedies Cumulative: The rights and remedies, with respect to any of the terms and conditions of this agreement, shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party at law or in equity. 7 ] 7. Notices: Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested: a. If to the City, addressed to: Chief Financial Officer Finance Department P.O. Box 3827 Beaumont, TX 77704 b. If to Tenant, addressed to: Tenant: Address: City: State: Zip Code: Notices shall be deemed to have been received on the date of receipt, as shown on the return receipt. Each Tenant shall provide the following additional contact information: Home Phone: Work Phone: E-mail Billing address, if different from above: Cell Phone: Fax Phone: City: State: ZIP: 8 18. Integration: This Agreement constitutes the entire Agreement between the parties, as of its effective date, and supersedes all prior independent agreements between the parties related to the leasing of the Hangar. Any change or modification hereof must be in writing, signed by both parties, 19. Waiver: The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such Marty from demanding performance in accordance with the terms hereof. 20. Successors Bound: This Agreement shall be binding on and shall inure to the benefit of heirs, legal representatives, successors and assigns of the parties hereto. 21. Severability: If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. By: Date: Tenant: Mark Fertitta By: Date: Kyle Hayes, City Manager Printed Name Signature 9 m June 15, 2021 Authorize the City Manager to execute a hangar lease agreement with St Johns Aviation for property located at the Beaumont Municipal Airport TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a hangar lease agreement with St Joluis Aviation for property located at the Beaumont Municipal Airport. BACKGROUND The lease agreement provides for a month -to -month term commencing upon execution and signing of the lease. All costs associated with the general maintenance of the hangar is the responsibility of the City as described in Section 4 of the lease; however, Tenant shall be responsible for repairing any damages to the Hangar caused by the Tenant. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of $500,000 for bodily injury and $100,000 for property damage and require to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. Attached, is the proposed lease agreement. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute an Aircraft North Hangar Rental Agreement between the City of Beaumont and St. Johns Aviation for property located at the Beaumont Municipal Airport, 455 Keith Road. The Rental Agreement 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 15th day of June, 2021. - Mayor Becky Ames - AIRCRAFT NORTH HANGAR RENTAL AGREEMENT CITY OF BEAUMONT BEAUMONT MUNICIPAL AIRPORT 455 KITH ROAD BEAUMONT, TEXAS This HANGAR RENTAL AGREEMENT (this "Agreement") entered into as of this day of , 20 by and between the City of Beaumont (the "City") and St. Johns Aviation (the "Tenant"). In consideration of the mutual covenants contained here, and for other good and valuable consideration, the parties hereby agree as follows: 1. Rental of the Hangar: City hereby rents to Tenant, a portion of the South Hangar (the "Hangar"), located at the Beaumont Municipal Airport, 455 Keith Road (the "Airport"), and described as follows; (see Exhibit "A"). The Hangar and office space shall be used and occupied by Tenant for the storage of the following described aircraft: Aircraft Type: Registration No. Owner and Registration Number information will be verified. 2. Term: The term of this Agreement shall be month -to -month, commencing on the day of unless terminated earlier under the terms of the Agreement. Tenant does hereby acknowledge and consent to the City's right to terminate this Agreement by giving thirty (30) days written notice if, in the sole judgment of the City, such termination is necessary or desirable for any reason consistent with the Airport Master Plan development and/or operational needs of the Airport. City reserves the right to terminate this agreement for violation of any portion of agreement, including but not limited to, non-payment and unauthorized use of hangar. 3. Rent and Deposit: Tenant agrees to pay City, as rent for the use and occupancy of the Hangar, the sung of One Hundred Twelve Dollars ($112) per month. Upon execution, Tenant must pay to the City the first month's rent and a sum equal to the monthly rental to be held as a Deposit. For the second month and for each monthly terns thereafter, Tenant must pay the City, or its designee, the monthly rental each month payable in advance, on or before the first (1st) day of each month. EXHIBIT "A" If that date falls on a Saturday or Sunday, the monthly rental is due on the next business day. Each month's rent must be paid on or before the due date to: City of Beaumont Central Collections Division 801 Main, Suite 110 Beaumont, Texas 77701 If any monthly rental is not paid on or before the tenth (10"') day of each month, such payment shall bear interest at ten percent (10%) per annum, Tenant's right to possession and all of the City's obligations hereunder are expressly contingent on the prompt payment of rent. Failure to pay rent on the first day of each month may result in termination of the agreement. (See Item 6 of this Agreement.) Upon termination of this Lease, the deposit paid by Tenant will be applied to any unpaid rental, the cost to remove and store Tenant's aircraft or personal property, and the cost to remove and dispose of any trash or debris left on the Leased Premises by Tenant. The Tenant is liable to the City for any remaining rental due, storage costs, or cost of cleanup in excess of the amount of the deposit. Any monies from the deposit remaining will be returned to the Tenant after keys have been returned to the City and all lawful deducts are made by the City. 4. Premises and Services Provided: Tenant agrees to accept all facilities in an "as is" condition and the City is responsible and will pay the expenses of maintaining and repairing the structural components of the Hangar including doors and door mechanisms, and the Tenant shall be responsible for repairing damages to the Hangar caused by the Tenant, other than normal wear and tear. Requests for repairs shall be forwarded to the City's current Facilities Director. Water and electric are provided. No trash service is provided. 5. Use of Hangar: Hangar shall be used for the storage of Tenant's aircraft for private use. a) Tenant may not store any other items, goods, or equipment on the vented premises except those that are necessary for and used in the storage or routine pre-flight owner maintenance of aircraft. if Tenant uses the Hangar for "non -aviation" purposes, defined as "not having any airplane or aircraft stored in said Hangar for ten (10) days" and the City Manager or his/her agent ("Agent") reserves the right to terminate the Agreement upon thirty (30) days' notice to Tenant. b) No conunnercial activity (activity for profit) of any kind shall be conducted by Tenant, in, fiom or around the Hangar. c) Maintenance or repair of an aircraft in any hangar shall be performed by a licensed mechanic. Such maintenance shall not include any spark producing equipment however, such minor maintenance as would normally be performed by an aircraft owner without the benefit of an aircraft mechanic is permissible. d) Under no circumstances, will spray -painting of aircraft or any other property be allowed in Hangar. e) Tenant assures that lie will not store gasoline and other aviation fuels in Hangar, other than that fuel stored it, the fuel tanks of any operational aircraft. Tenant shall control the conduct and demeanor of its employees and invitees and those doing business with it, in and around Hangar and shall take all necessary steps to remove persons whom the City, for good and sufficient cause, deem objectionable. f) Tenant shall always keep the Hangar clean and free of debris. g) Tenant may not keep an inoperable aircraft on the Leased Premises for more than sixty (60) consecutive days, unless undergoing repair for return to use. h) Tenant may not make alterations to the Leased Premises or place or permit the placement of any signs or similar devices on the Leased Premises. 3 G. Termination: (a) Either party may terminate this Lease at any time by giving 30 days written notice to the other party, except as otherwise provided for in this lease. Upon termination of this Lease for any reason, the Tenant must immediately remove all personal property from the Leased Premises and must surrender the Leased Premises in substantially the same condition as existed at the begirrrung of the Lease, normal wear and tear excepted. If Tenant fails to give the thirty (30) days written notice, Tenant will be liable for all rent accrued through the end of the month at which time the City receives notice of agreement termination. (b) If the Tenant fails to pay all or part of the rental as required by this Lease and the failure continues twenty (20) days past the date the rental is due, the City may remove or alter Tenant's lock or place a new lock on the Leased Premises and deny Tenant the right of access thereto until Tenant has paid the rental due, The City will place a written notice on the fi•ont door of the Leased Premises stating the name, address, and telephone number of the person from which the new key may be obtained upon payment of the delinquent rent. If the failure to pay rent continues more than twenty (20) days past the date the rental is due, the City may immediately terminate this Lease by giving notice to Tenant. (c) In the event of any default due to the non-payment of rent specified in this contract, the City may take possession of and sell all fixtures, chattels and personal property of every kind and description now or hereafter to be placed, installed or stored by tenant on the Leased Premises; said sales may be made by any manner prescribed by Iaw, with the City crediting the net proceeds upon any indebtedness due or damage sustained by Airport, without prejudice, to further claims to arise later tinder the terms of this Agreement, (d) Tenant shall comply with all laws, ordinances, and federal regulations and with any direction of any public officer pursuant to law, which shall impose any duty on the Tenant with respect to the aircraft or the occupation of the Hangar. In addition., Tenant shall comply with all standards and policies of the City relating to the Beaumont Municipal Airport or operations on the airport premises. Tenant and guests must not knowingly 4 allow any other person to use the Leased Premises in violation of any Federal, State, or County law or regulation or City ordinance. Failure to comply with all laws, ordinances, regulations, standards, and policies may result in notice from the City and subsequent termination of the lease. (e) Tenant shall maintain a valid airworthiness certificate on the aircraft stored in the Hangar in conformity with FAA regulation 91.203. Any Tenant whose annual inspection of said aircraft is three (3) months past due shall be deemed in breach of this rental agreement unless undergoing maintenance for return to use. Upon such occurrence, this agreement shall automatically terminate. Tenant grants the City, or its designee, the authority to enter the Hangar and reprove the aircraft and all property belonging to the Tenant. 7. Sublease/Assignment: Tenant shall not assign this lease nor sublet the Leased Premises, In the event a Tenant sells the aircraft being stored in the Leased Premises, the Tenant shall notify the City within three (3) working days that the sale has occurred. The Tenant has sixty (60) days following the sale to provide the City with information regarding a replacement aircraft. Should the Tenant fail to provide information regarding a replacement aircraft, for any reason, the lease shall terminate and the City shall take possession of the Hangar. The vacated Hangar will be offered for lease to individuals on the waiting list maintained by the City. 8. Right of Inspection: Tenant shall permit the City and the City's agents, representative or employees to enter into or on the Leased Premises at all times for the purpose of inspecting the Leased Premises. Tenant will be given forty-eight (48) hours written notice in advance of inspection date. Tenant may be present during inspection. The City reserves the right to enter Hangar at any reasonable hour to make inspections, replacements, repairs and restorations. The City shall notify the Tenant of intent to enter the leased premises for replacements, repairs or restorations to the premise. In order to allow the Tenant to secure the aircraft in a safe location if necessary. If, in the opinion of the City, an emergency exists requiring immediate action, the City may enter the Hangar to carry out any work or activities in connection with safety, protection or preservation of the Hangar or aircraft stored within R 9. Alterations: Tenant covenants and agrees not to install any fixtures or make any alterations, additions or improvements to the Hangar without the prior written approval of the City and such approval will not be unreasonably withheld. All fixtures installed or additions and iinprovenlents made to the Hangar shall upon completion of such additions and improvements, become the City's property and shall remain in the Hangar at the termination of this Agreement, however terminated, without compensation or payment to Tenant. 10. Insurance: Tenant agrees to maintain, at its own expense, for the benefit of itself and the City as an additional insured, liability insurance for property damage or personal injury or death arising as a result of Tenant's occupation of the Leased Premises: Amounts $250,000.00 For each person $500,000.00 For each single occurrence for bodily injury or death $100,000.00 For injury to or destruction of property for each single occurrence within the damage limits of Section 101.023(c) of the Texas Civil Practice and Remedies Code, with one or more insurance companies authorized to transact business in Texas and approved by the City. This insurance shall be "occurrence" based. Prior to the commencement of this Agreement, Tenant shall deliver to the City certificates or binders evidencing the existence of the insurance required herein, Such policy or policies shall name both Tenant and the City as insured, The policy or policies shall provide that any loss or damages to buildings, structures or improvements shall be payable to the City of Beaumont. 11. Casualty: In the event the Hangar or the means of access thereto shall be damaged by any cause, the rent payable hereunder shall not abate, provided that the Hangar is not untenantable, as determined by the City's Building Official, and the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts of omission of Tenant, its employees, agents or invitees in which case the rent shall not abate, If the Hangar is G tendered untenantable and the City elects not to repair the Hangar, this Agreement shall terminate. 12. Indemnity: Tenant agrees to indennnify and bold the City, its officers and employees, harmless from and against any and all claims, demands costs and expenses, including reasonable attorney's fees for the defense of such claims and demands arising from the conduct or management of the Tenant's activities on the Leased Premises or front any act of negligence of Tenant, its agents, contractors, licensees or invitees in or about the Leased Premises, whether such damage or injury arises from the acts of omission of Tenant, its agents, contractors, licensees or invitees solely or in conjunction with any other person, including the City. 13. Force Majeure: The City small not be liable for its failure to perform this Agreement or any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by an Act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control, 14. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Texas. Venue of any disputes shall be in a court of competent jurisdiction in Jefferson County, Texas, 15. Relationship of Parties: The relationship between the City and Tenant shall always and only be that of the City and Tenant. Tenant shall never, at any time during the term of this Agreement, become the agent of the City and the City shall not be responsible for the acts of omission of Tenant, its employees or agents. 16. Remedies Cumulative: The rights and remedies, with respect to any of the terms and conditions of this agreement, shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party at law or in equity. 17. Notices: Any notice given by one party to the other in coiuiection with this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested: a. If to the City, addressed to: Chief Financial Officer Finance Department P.O. Box 3827 Beaumont, TX 77704 b. If to Tenant, addressed to: Tenant: Address: City: State: Zip Code: Notices shall be deemed to have been received on the date of receipt, as shown on the return receipt. Each Tenant shall provide the following additional contact information: Home Phone: Work Phone: E-mail address: Billing address, if different from a Cell Phone: Fax Phone: City: State: ZIP: 18. Integration: This Agreement constitutes the entire Agreement between the parties, as of its effective date, and supersedes all prior independent agreements between the parties related to the leasing of the Hangar. Any change or modification hereof must be in writing, signed by both 8 parties. 19. Waiver: The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 20. Successors Bound: This Agreement shall be binding on and shall inure to the benefit of heirs, legal representatives, successors and assigns of the parties hereto. 21. Severability: if a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of parties, IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below, Kyle Hayes, City Manager Date: Tenant; St. Johns Aviation By: Date: Printed Name Signature 11 June 15, 2021 Authorize the City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Commission for regional emergency notification registration TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Corninission for regional emergency notification registration. BACKGROUND The City provides for emergency alerting for citizens, employees, and emergency operations staff via cell phone and landline registration through an agreement with the South East Texas Regional Planning Commission (SETRPC). This agreement would provide for 3 -1 -1 - to facilitate regional registrations, which are currently provided by SETRPC, Registrations would be conducted during 3-1-l's normal business hours. FUNDING SOURCE The city would receive $1.60 per non -Beaumont registrant. RECOMMENDATION Approval of the resolution. 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 lnterlocal Agreement between the City of Beaumont and the Southeast Texas Regional Planning Commission (SETRPC) for 3-1-1 to facilitate regional registration for emergency notifications which are currently provided by SETRPC. The lnterlocal Agreement 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 15th day of June, 2Q21. - Mayor Becky Ames - Emergency Alerting Network Emergency Alert Registration Interlocal Agreement This Agreement is entered into between the South East Texas Regional Planning Commission (referred to herein as SETRPC) and the City Beaumont (referred to herein as Beaumont). WHEREAS, Beaumont currently has infrastructure in place to handle the call -taking process for regional emergency notification registration, and; WHEREAS, Beaumont agrees to receive calls within the SETRPC Blackboard Connect contract, which includes incorporated and un-incorporated areas in Hardin, Jefferson, and Orange County, and; WHEREAS, Beaumont will receive $1.60 per caller registered non -Beaumont addresses. Emails and Voice Mails would be classified as "calls" for the purpose of billing, and; WHEREAS, Beaumont Emergency Management will facilitate all Blackboard Connect system inputs and will process the billing invoice for all non -Beaumont calls on a monthly basis, and WHEREAS, SETRPC is expected to remit payment within 30 days. In the event of a disaster that disrupts normal business operations, SETRPC will process payment to the City of Beaumont within 30 days of SETRPC's business resumption. WHEREAS, to receive calls and emails, Beaumont will use personnel from the Beaumont 311 division; WHEREAS, during off -hours, the phone system will be set to prompt people to leave appropriate information for callbacks the next duty day, and; WHEREAS, SETRPC will explore contracting with a commercial call center to assist in the event of an emergency such as the recent TPC event that would result in an abnormally large number of after hours calls, and; WHEREAS, phone messages or calls to the STAN toll -free number would be auto -forwarded from SETRPC to 409-654-3620, and; WHEREAS, Beaumont would input registration requests via direct phone communication, email and phone messages and Beaumont 311 staff would conduct any follow-up questions if required data is missing, and; WHEREAS, Beaumont recommends, if possible, that STAN adds an email option to submit emergency notification registration requests on a template form that would already have the appropriate data fields. This form can be put on websites of desiring jurisdictions to auto -post to a SETRPC or STAN email address to be auto -forwarded as desired. This could be auto -forwarded to the normal email complaint line already established for Beaumont 311. Emalls to Beaumont 311 would forward to 311(a-),beaumonttexas.gov, and; WHEREAS, in anticipation of an approaching hazard such as a hurricane, Beaumont understands that the call volume is likely to increase, and; WHEREAS, Beaumont would request a one (1) week notice of any pre -planned emergency registration outreach messages, and would expect immediate notification upon discovering an incident EXHIBIT "A" or threat that would likely encourage significant registration by any jurisdiction within the regional contract, and; WHEREAS, Beaumont will not accept handwritten data solicited by other jurisdictions, and; WHEREAS, Beaumont will agree to import regional registration data into Blackboard Connect if appropriate authorities permit, or will forward the import via email to designated SETRPC EM staff for import as necessary and is still billable registrations by Beaumont, and; WHEREAS, uploads will be made on a minimum of bi-monthly basis; however, when the call load increases, imports will be made on a more frequent basis, and; WHEREAS, this notification from SETRPC to Beaumont would be via e-mail and/or phone call to the Beaumont Office of Emergency Management requesting that the call center be upstaffed by any method Beaumont deems appropriate and any registration information currently in the que be imported into the Blackboard Connect system urgently, and; WHEREAS, SETRPC will coordinate with Blackboard Connect to provide an appropriate excel import format to enable registrants to be categorized to the appropriate "site" within the SETRPC contract. Additionally, protocols will be required from SETRPC for designating geo-coding for those registrants who have a city address, but are located in an unincorporated area of a County under the SETRPC contract. Registrants who do not wish to provide an address will at a minimum be required to provide a jurisdiction ("Site") location to be uploaded, and; WHEREAS, either party can amend this agreement by mutual consent, and; WHEREAS, either party can cancel the agreement, with or without cause, by providing 60-days written notice. WHEREAS, this agreement will be active for a period not to exceed one (1) year from the date of execution with two one-year options to renew. This Agreement supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promises, related to the subject matter of this Agreement which is not contained herein shall be valid or binding. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed as of the last date signed below. Shanna Burke, Executive Director Date South East Texas Regional Planning Commission Kyles Hayes, City Manager Date City of Beaumont 12 June 15, 2021 Authorize the settlement of the lawsuit styled Lizabeth M Noble, Individually and on behalf of All Others Similarly Situated v. City of Beaumont; Civil Action No. 1:20-cv-400 ...... . .. ... TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Lizabeth M.. Noble, Individually and on behalf of All Others Similarly Situated v. City of Beaumont; Civil Action No. 1:20-cv-400 BACKGROUND The lawsuit styled Lizabeth M. Noble, Individually and on behalf of All Others Similarly Situated v. City of Beaumont; Civil Action No. 1:20-cv-400, was presented and discussed in Executive Session held on June 1, 2021. The City Attorney is requesting authority to settle this suit in the amount of ,$23,000.00 FUNDING SOURCE General Liability Fund, RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Lizabeth M. Noble, Individually and on behalf of All Others Similarly Situated v. The City of Beaumont; Cause No. 1:20-cv-400, was discussed in Executive Session properly called and held Tuesday, June 1, 2021; and, and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; 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 City Attorney be, and he is hereby, authorized to settle the matter of Lizabeth M. Noble in the lawsuit styled Lizabeth M. Noble, Individually and on behalf of All Others Similarly Situated v. The City of Beaumont; Cause No. 1:20- cv-400, for the sum of Twenty -Three Thousand and XX1100 Dollars ($23,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. 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 15th day of June, 2021. - Mayor Becky Ames - 13 June 15, 2021 Approve the award of a contract for the replacement of the windows at the Streets and Drainage Administration Building s TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution approving the award of a contract for the replacement of the windows at the Streets and Drainage Administration Building. BACKGROUND The aluminum clad windows at the City Streets and Drainage Administration Building, located at 2610 Concord Road, are failing due to deterioration of wooden substrate and are in need of replacement, Formal bids were requested from 12 vendors to perform the work and two responses were received. Buckner Property Improvements of Orange responded with a bid of $69,084.98, but is a newly formed business and does not have the necessary experience as required by the specifications. BASCO Construction Inc. of Nederland submitted a bid of $90,452.00 that is within the budgeted amount and it meets all the requirements of the specifications. Staff recommends award of the contract to BASCO Construction Inc. Bid tabulation is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for the replacement of windows at the Streets and Drainage Administration Building located at 2610 Concord Road; and, WHEREAS, BASCO Construction, Inc., of Nederland, Texas, submitted the lowest qualified bid meeting specifications, as shown on Exhibit "A," attached hereto, in the amount of $90,452.00; and, WHEREAS, City Council is of the opinion that the bid submitted by BASCO Construction, Inc., of Nederland, Texas, is the lowest responsible bidder providing the best value to the City and 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 BASCO Construction, Inc., of Nederland, Texas, in the amount of $90,452.00, as shown on Exhibit "A," attached hereto, for the replacement of windows at the Streets and Drainage Administration Building located at 2610 Concord Road be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager is authorized to execute a contract with BASCO Construction, Inc., of Nederland, Texas, in the amount of $90,452.00 for the purposes described herein. 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 15th day of June, 2021. - Mayor Becky Ames - C7 Ck 0 0. ro 0 r+ 3 ro ro 11+ n n rt 0 '0 o ro n47 w Q a 0 "� P ro v 00 a 0 00 O77 o @ < nc 00 fnD x -0 m 0 CL p. 0 N � x 0 3 n u � � Ro m 0 c m x a CD M 00 0or�u0 uj 0 V c :: O n z C n © � x La ro I F,a EXHIBIT "A° June 15, 2021 Approve rejecting all bids received for the Jackson Street 12-Inch Water Main Replacement (Front Pennsylvania Avenue to Sabine Pass Avenue) REBID r TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution rejecting all bids received for the Jackson Street 12-Inch Water Main Replacement (Front Pennsylvania Avenue to Sabine Pass Avenue) REBID. BACKGROUND The project consists of the replacement of approximately 500 linear feet of a 12-inch cast iron water line along Jackson Street between Pennsylvania Avenue and Sabine Pass Avenue. Three vendors attended the mandatory pre -bid meeting and one response was submitted. The submitted bid was approximately three times the engineer's estimated cost for the project. Until a bid is awarded, the bid tab is not made public in order to preclude an unfair competitive advantage in future bids. The project will be rebid at a later date. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on June 3, 2021, one (1) bid was received for the Jackson Street 12-Inch Water Main Replacement (Pennsylvania Avenue to Sabine Pass Avenue) REBID Project; and, WHEREAS, the Public Works Department evaluated the one �(1) bid submitted and found that the bid was over the anticipated estimate; and, WHEREAS, it is the recommendation of City of Beaumont Public Works Department Administration to reject the submitted bid and rebid the project at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the submitted bid for the Jackson Street 12-Inch Water Main Replacement (Pennsylvania Avenue to Sabine Pass Avenue) REBID Project and that said bid should be rejected; 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 City Council does hereby reject the bid received for the Jackson Street 12-Inch Water Main Replacement (Pennsylvania Avenue to Sabine Pass Avenue) REBID Project. 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 15th day of June, 2021. - Mayor Becky Ames - fib June 159 2021 Authorize the City Manager to execute Change Order No. 2, to the contract with Texas Pride Utilities, LLC TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, to the contract with Texas Pride Utilities, LLC. BACKGROUND On February 25, 2020, by Resolution No. 20-042, City Council awarded a contract to Texas Pride Utilities, LLC, of Houston, in the amount of $1,097,150.00 for the Dowlen West Pipe Bursting Contract — Phase I Project. Previous Change Order No. 1, with no dollar amount, is attached for your review. Proposed Change Order No. 2, in the amount of $32,100.00, is required for the addition of two (2) 10" point repairs over 10 vertical feet and two (2) structural -in -place trench box fabrications due to unforeseen obstructions found during the course of construction obstructing more than half of the 10" sewer mainline. A total of twelve (12) calendar days will be added to the contract for the additional work. If approved, Change Order No. 2 will result in anew contract amount of $1,129,250.00 with 377 total calendar days to complete the project making the new estimated substantial completion date May 9, 2 02 1. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 20-042 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment and supplies for the Dowlen West Pipe Bursting Contract -Phase I Project; and, WHEREAS, Texas Pride Utilities, LLC, of Houston, Texas, submitted a complete bid meeting specifications In the amount of $1,097,150.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Texas Pride Utilities, LLC, of Houston, Texas:, is the lowest responsible bidder providing the best value to the City and 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 City Council hereby approves the award of a contract to Texas Pride Utilities, LLC, of Houston, Texas, In the amount of $1.097,150.00, for the Dowlen West Pipe Bursting Contract -Phase I Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Texas Pride Utilities, LLC, of Houston, Texas, for the purposes described herein. 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. 14 I PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2020. LIFI/iTim��iIzzj41p4% Beckyor 1 CITY OF SOAUMONT D4101 Juua Tr 2021 Projaoll Dovrl+a Wait Plpa Buraling Contract • PhDo91 Counlyl JolRrs on Dlalrloti e o Dumont CantiaO Number: BID NO, VAM020.03 owner; City of Denumont Conlraeton Tottas Prldo U101Hos, LLC 0,0, No., 2 r nu ran....,..us,+,.,r,-e•.•w.. ,,,. r,F. .-..- - Upon field Inspection, two different 3ectlons Or sower molit line were round to have concrete obstructions IuC01dd In them obViucling "to thin boll the pipe, The obslructIons vdll need to bef romoYod and tho tower main line rapaltad. Because of the depth and 00ab prordmily 104wo gerngus B 3Peclhl typo o€ shoring Wil hevu to be put In pieta during Ills Oicavation and ,rpau o,nro >vnui Item No. mn„,uw. 119m Code DESCRIPTION Unit Original Ou It it Chaapa In 4uanHt Unit Price Total ADD 10 10' PO-.nt Rupelr Over 1D VF EACH 0 2 S 2,29 a 5 4.600.00 20 Trench Ba Stru6lurPl•In•Pieca x Pobdcatlon FACH D 2 S 13 ADB,aO 5 27.580.00 SUBTOTAL TOTAL. AMOUNT OF THIS CHANGE ORDE $ 32,00.00 S 32,100.00 i2CAlEHaARPAY9 LLDfAD0E0TOTHISCHANGEORDfR ORIGINAL CONTRACTAMOUNTt 5 100 1ao DD NET FROLI PREVIOUS CHANGE ORDERS: S 32 il10.tlD TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER. 2.93% TOTAL PERCENT CHANGE ORDER TO DATE: S 1.129.250,00 NEW CONTRACT AMOUNT: CONTRACT 71ME 365 calondse days ORIGINAL CONTRACT TIASE: ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS: A001Y[ONAL CONTRACT TIME PERTHIS CHANGE ORDER: 12 Calender days REV19EDCONTRACT TIME 377calendar days CODiTION OF CHANGE_ 'ConlncioYNOFGlodpoaend+grossthottheedjuttmantcklcanvo[tpriceand canlgsl0rnesi:pub[adktth€sChange Ordvraproeenl3 &Aeomponetdon€oratilnsraesds and dwoosts In the coil ol, and the Into r+au'red IO Perform the anise vrerk under the conVa<L idaing duactfyor Indiracdy from Ihl3 ChaK6 Order aM d1 pravtout Change Orders. AooepunceofIbis wslvercoMGtutesanandCnnlraclorThalthecwpOrder 6pr4sontsanatl:nqurlue.mutuallyagreedupmaria+imeMIotheConvacl and thel CanolsCtor W..N Walva OR rights to Ma a claim on ihia Chango Urdsr Shur It Is propady nxa[uhdT ACCEPTED BYt PREPAR80 BYt Ttl Ai' OE UTILITLEC�I.LC•REP ATE JOHNPIPPINS II.E/StONMANAGErt WATERUT0.111E5 REVfEW60 eY: "" D TE ARY DARTKOYAAK ry 0A' DIRECTOR OFTUal1C WORKS & CIYY ENGINEER TECH1,101,00Y OER1410EII APPROVED BY: MEN Me PA79 CITY MANAO ER ATTESTED DYl YINA BR01,168ARO DATE c€TY OLERK CITY OF pL+AUMONT 1111" NowmUor 24, 2410 P.J.11 Dow14nV1411 plpo Dvrolhip 0*0410 Counlyl JoNaloon Mold 4It Uo+urnonl Conlraot Uvmhon UID NO.VtU1010A) OYnlorr Clly of 1191 umonl 0ontriolon 7oxioPrlopu1*1101,LLQ e.g. No,: 1 pon od lnlpoclion, a wc0onn oAlvcr 19po 1e opip* urelo Ws loc+lcd Ep cfoso pru>'Isrrly to o aalmn np poo. Il+ proyoscd that Mo coa+Uuei.on Molh Ipr{ yAmatiO[ 6e:n• 040PIPR1ci P}1n4euofp)PALurilrrD. (IAnENo. hompodo :01&8011fPTI0N Unik OdBlrt+l ChAnpaln ilptkPdco 701+1 ADD io 9'CIPP L.P, D a1D s 02,00 S i0,2A9,OD DOME - 1D �420 Ppolivre6np6'�'Soaarto0A1CQ0 L.F, 14000 1 •310 5 32.0 IS (1D206.00) OPAL Ahj0U1Itqp ]IM CIW40EO D ER= ' o WOMNO VAVA DILL ge AVogo rt 1 e oEr ORIGINAL CONMACT NAOUNP NET FROM MWOUS CIiA4GEORDER&: TOTAL. AMOUNT OF THIS CHAMP ORDER: PERCENT OF THIS CfMGF. ORDER: TOTAL PERCENT WHANGEI OROSR TO DATH; NEW CONTRACT AMOUNTI TWO MGLOM. CONTRACT TIMt:, ACEPTED DYI Elizabeth Camacho 11/24/2020 flem EoDYr c"YQ90I p APPROVED BY; 000 VAIC 0YPAUAd1n 1?,- I/- zo s.097.ififl.00 s s 0.0014 000u 365 catuWai days PUEPARE011 4OHN NMI WATEAUI Ci OSIl01i1JAliAo:n E R6N6W UY /2 -10 - 0 E i4a0FPUBU44 A 16Mn 0106yeenyxee JIIIOA11VI� , & i� I ' A a0 OATI CUY CLEajf w RESOLUTION NO, WHEREAS, on February 25, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-042 awarding a contract in the amount of $1,097,150.00 to Texas Pride Utilities, LLC, of Houston Texas, for the Dowlen West Pipe Bursting Contract -Phase I Project; and, WHEREAS, on December 11, 2020, the City Manager executed Change Order No. 1, in the amount of $0.00, for the purpose of Cured -In -Place Piping (CIPP), in lieu of pipe bursting, for a section of sewer pipe found to be located in close proximity to a swimming pool, thereby having to effect on the total contract amount of $1,097,150.00; and, WHEREAS, Change Order No. 2, in the amount of $32,100.00, is necessary for the addition of two (2) 10" point repairs over ten (10) vertical feet and two (2) structural -in -place trench box fabrications due to unforeseen obstructions found during the course of construction obstructing more than half of the 10" sewer main line, thereby increasing the total contract amount to $1,129,250.00; and, 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 City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $32,100.00 for additional work described above, thereby increasing the total contract amount to $1,129,250.00 for the Dowlen West Pipe Bursting Contract -Phase I Project; and, 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 15th day of June, 2021. - Mayor Becky Ames - June 15, 2021 Approve the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bat-tkowiak, Director of Public Works and Technology Services MEETING DATE: June 1 S, 2021 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system. BACKGROUND The Mitel phone system is in use in a large number of City facilities. The system provides telephone communications, voice mail and four -digit dialing. The purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to Maintain the Mitel infrastructure. The annual cost is $92,379.14. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. June 1, 2021 Terry LaFleur City of Beaumont 801 Main St. Suite 330 Beaumont, Texas 77704-3827 Dear Mr, LaFleur; The current Mitel Support Agreement on the Mitel Phone System expires on 08/29/2021. If you are interested in extending this agreement, all you need to do is fill out the bottom with the Type of Service you want and sign. If you use a Purchase Order, please attach this form to the Purchase Order. A 30% re -instatement fee will apply if payment is not received prior to expiration of existing agreement. Type of Service Bronze Silver Gold Description of Advanced Everything listed on Everything listed coverage: Replacement/Exchange Bronze plus Remote for Bronze and of all Hardware. Phone MAC's (Moves, adds Silver plus labor support on trouble and changes) apply on software shooting and software only to the system upgrades. upgrades. (Labor on configuration at time - software upgrade of -service contract. Phones are not install not covered) (Does not include re- covered. Phones are not installation of current covered. system.) Phones are not covered. Price for a year: 08/30/21 to $54,928.14 $82,392.21 $92,379.14 08/29/22 Type of Service: PO Referenced: Signature: If you should choose not to participate in an annual agreement, service could be rendered on an as needed basis. Labor costs are $185.00 per hour. Parts prices are per manufacturers published price. Each service call would also be charged travel time but no mileage charge. Phone coverage quotes upon request. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the renewal of an annual support agreement for the Mitel phone systems from Creative Switching Designs, Inc., of Houston, Texas, as the sole source having exclusive rights to maintain the Mitel infrastructure, in the amount of $92,379.14 for use by all City departments; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute an annual support agreement with Creative Switching Designs, Inc., of Houston, Texas, for the purposes described herein. 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 15th day of June, 2021. - Mayor Becky Ames - m June 15, 2021 Authorize the City Manager to execute all documents necessary to apply for grant funding for the Southeast Texas Auto Theft Task Force TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P, Singletary, Chief of Police MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary to apply for grant funding for the Southeast Texas Auto Theft Task Force. BACKGROUND For 28 consecutive years, the Southeast Texas Auto Theft Task Force (ATTF) has been a multi - jurisdictional, cooperative law enforcement effort designed to regionally combat auto burglars and thieves while increasing public awareness of how to reduce chances of victimization. It is partially grant -funded by the Motor Vehicle Crimes Prevention Authority (MVCPA), formerly named Automobile Burglary and Theft Prevention Authority (ABTPA). Although ATTF is centered in and administered by the City of Beaumont, it is inclusive of Jefferson, Hardin, Orange, and Jasper counties. The City of Beaumont has been the grantee for the Southeast Texas Auto Theft Task Force since 1993. The total budget being requested is $989,300, with state funds in the amount of $566,300. The Beaumont Police Department will provide $287,000 as a cash snatch in the form of personnel salaries, benefits, fuel and vehicle maintenance, while other agencies will provide an additional $136,000 for a total cash match of $423,000. The upcoming grant cycle will begin on September 1, 2021 and will end on August 31, 2022. FUNDING SOURCE The city's required match is included in the Police Department's Operating Budget in the General Fund. RECOMMENDATION Approval of the new resolution. Primary Agency / Grantee Legal Name: City of Beaumont Organization Type: Law Enforcement Organization ORI (if applicable): TX1230100: BEAUMONT PD (M1P) Program Title Please enter a short description of the proposed program that can be used as the title. Southeast Texas Motor Vehicle Crimes Task Force Application Category (See Request for Applications [RFA] for category details and descriptions RFA Priority Funding Section): O New Grant - FY22 Is the first year of the MVCPA Taskforce Grants. All FY22 grant applicants use the new grant category. MVCPA Program Category (see RFA and TAC 43, 3 §57.14). Check all that apply, M Law Enforcement, Detection and Apprehension C) Prosecution, Adjudication and Conviction t9 Prevention, Anti -Theft Devices and Motor Vehicle Registration ❑ Reduction of the Sale of Stolen Vehicles or Paris ❑ Education Programs and Marketing Taskforce Grant Participation and Coverage Area Provide a General Description of the Participating and Coverage Area of this Grant Application Jefferson, Hardin, Orange, and Jasper counties and all municipalities therein. Define in the tables below the grant relationships and geographic area of the taskforce: Applicant will add the participating and coverage agencies from the ORI list below. If an agency is not in the ORI list, please include the agency and role in the general description above. Make sure to follow the definitions below and select an agency In the dropdown, Use the Add as Parlicipating Agency or Add as Coverage Agency button to populate the list. Participating Agencies are agencies that materially participate in the grant application through the exchange of funds for reimbursement and cash match. Participating agencies are defined after the grant award by InterlocaIII nteragency agreements. Each applicant must select their own agency first, Then select agencies that will receive or provide funding and/or resources, [Note: Interlocallinteragency agreements do not need to be submitted with the application. Interiocal agreements will need to be executed prior to the first payment being made if selected for a grant. Letters of support with the application from the participating agencies are strongly recommended.] Coverage Agencies are agencies that provided some level of coverage, assistance or support by this grant application but will not materially exchange funds as cash match or reimbursement. The coverage is not supported by an after the award with interlocallinteragency agreements. Coverage agencies as law enforcement agencies may have jurisdictional coverage agreements unrelated to the grant (Ex. City Y is within County X or vice versa). Agencies selected in this list Include agencies that will be covered or where the agency indicates that their agency will coordinate or call upon the taskforce. Letters of support with the application from the participating agencies are strongly recommended. Select Aaenctes to Add Not associated with any law enforcement entity Anderson ANDERSON CO 50 (AE) [TX00100001 PALESTINE P© (TX00101001 FRANKSTON PD [TX00103001 Andrews ANDREWS CO SO [TX0020000[ Add as Participaiing Agencies Add as Coverage Agaricles Participating Agencies MIN CO 30 FERSON CO SO �UMONT PD (MIP) iT ARTHUR PD (AE) Delete Selected ❑ Other Coverage (Use It ORI not listed or explanation is necessary.): Coverage Agencies BEE PD R LAKE PD BERTON PD (113R) IER CO SO IER PD YVILLE PO VES PD Delete Selected ❑ National Insurance Crime Bureau (NICB) Used as Match (Documentation and time certification required.) ❑ Texas Department of Public Safety (DPS) ❑ Other State or Federal Agency (specify:) Resolution: Complete a Resolution and submit to local governing body for approval. Sample Resotutiorl is found In the Request for Application or send a request for an electronic copy to grantsMVCPA@txdmv.gov. The completed and executed Resolution must be attached to this on-line application. Grant Budget Form MVCPA recommends that the applicant complete the total costs (MVCPA and Cash Match combined) for this program. The applicant cart then enter the desired amount of Cash Match (not less than 20% per TAC Title 43, A§57,36). The system will then calculate the correct grant and match amounts. Budget Entry Option: O Enter Total and let system calculate MVCPA Funds and Cash Match, Match Percentage © Enter MVCPA and Cash Match Amounts Click on category name to edit budget detail for that category. Budget Category Personnel Fringe Overtime Professional and Contract Services Travel Equipment Supplies and Direct Operating Expenses (DOE) Total Cash Match Percentage Description MVCPA Expenditures $270,000 $207,000 $12,400 $0 $76,900 $566,300 Cash Match Expenditures $240,000 $12,000 $136,000 $0 $0 $35,000 $423,000 74.70% Total In -Kind Expenditures Match $270,000 $253,000 $240,000 $0 $12,000 $0 $343,000 $0 $12,400 $0 $0 $0 $111,900 $12,200 $989,300 $265,200 MVCPA In -Kind Subcategory Funds Cash Match Total Match Personnel Program Director 1 Commander Investigator/LEO $104,000 $104,000 $0 Program Manager 1 Supervisor Investigator/LEO $0 $97,000 Investigator 1 InvestigatorlLEO $83,000 $83.000 $0 Investigator 2 Investigator/LEO $83,000 $83,000 $0 Investigator 3 InvestigatorlLEO $0 $78,000 Investigator 4 InvesligatorlLEO $0 $78,000 Total Personnel $270,000 $270,000 $253,000 Fringe Program Director 1 Commander InvestigatorlLEO $40,000 $40,000 $0 Program Manager 1 Supervisor InvestigatorlLEO $40,000 $40,000 $0 Investigator 1 InvestigatorlLEO $40,000 $40,000 $0 Investigator 2 InvestigatorlLE;O $40,000 $40,000 $0 Investigator 3 InvestigatorlLEO $40,000 $40,000 $0 Investigator 4 InvestigatorlLEO $40,000 $40,000 $0 Total Fringe $240,000 $240,000 $0 Overtime Program Director/Commander InvestigatorlLEO $1,200 $1,200 $0 Program Manager! Supervisor InvestigatorlLEO $1,200 $1,200 $0 Investigator 1 InvestigatorlLEO $2,400 $2,400 $0 investigator 2 InvestlgatorlLEO $2,400 $2,400 $0 Investigator 3 investigatorlLEO $2,400 $2,400 $0 Investigator 4 InvestigatorlLEO $2,400 $2,400 $0 Total Overtime $12,000 $12,000 $0 Professional and Contract Services Jefferson County SO Investigator InvestigatorlLEO - personnel $72,000 $18,000 $90,000 $0 Hardin County SO Investigator InvestigatorlLEO - personnel $63,000 $0 $63,000 $0 Port Arthur P❑ Investigator InvestigatorlLEO - personnel $72 000 $11,000 $83,000 $0 Jefferson County SO Investigator (Fringe) InvestigatorlLEO - fringe $0 $40,000 $40,000 $0 Hardin County SO Investigator (Fringe) InvesilgatorlLEO - fringe $0 $27,000 $27,000 $0 Port Arthur PD Investigator (Fringe) InvestigatorlLEO - fringe $0 $40,000 $40,000 Total Professional and Contract Services $207,000 $136,000 $343,000 $0 MVCPA In -Kind Description Subcategory Funds Cash Match Total Match Travel Annual TAVTI Conference Law enforcement In -State $6,000 SO $6,000 $0 MVCPA Workshops I Board Meetings Law enforcement In -State $1,200 $0 $1,200 $0 Auto Crime Related Training Law enforcement In -State $4,000 $0 $4,000 $0 Investigative or Administrative Travel Law enforcement In -State $1,200 $0 $1,200 $0 Total Travel $12,400 $0 $12,400 $0 Equipment $0 $0 $0 $0 Total Equipment $0 $0 $0 $0 Supplies and Direct Operating Expenses (DOE) Office & Warehouse Lease (1) $54,000 $0 $54,000 $0 TAVTI Conference Registration Fees (1) $800 $0 $800 $0 Office, Field, & Operational Supplies (1) $10,000 $0 $10,000 $0 Auto Insurance for HCSO Unit (1) $800 $0 $800 $0 Vehicle Lease 1 (1) $7,200 $0 $7,200 $0 Vehicle Lease 2 (1) $0 $0 $0 $7,200 Vehicle Fuel, Maintenance, & Repair (1) $0 $35,000 $35,000 $5,000 Public Awareness Advertising (1) $100 $0 $100 $0 Office Utilities (1) $4,000 $0 $4,000 $0 Total Supplies and Direct Operating Expenses (DOE) $76,900 $35,000 $111,900 $12,200 RESOLUTION NO. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the jurisdiction; and, WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle burglary and theft; and, WHEREAS, City of Beaumont has agreed that in the event of loss or misuse of the grant funds, City of Beaumont assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority; 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 Kyle Hayes, City Manager, is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority Grant Program and all other necessary documents to accept said grant; and, BE IT FURTHER RESOLVED that Bryan Skinner, Lieutenant, is designated as the Program Director and Todd Simoneaux, Chief Financial Officer, is designated as the Financial Officer for this grant. 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 15th day of June, 2021. - Mayor Becky Ames - June 15, 2021 Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main Street TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main. Street, BACKGROUND The City of Beaumont lost property, in certain areas, along the shoreline of Riverfront Park during and as a result of Hurricane Harvey. The property is approximately 3.68 acres in size and includes the former ATT Building that has been vacant for a number of years. The property is located west of the Neches River and is surrounded by City -owned parking lots and streets, specifically the Civic Center Parking Lot; Main Street; Tevis Street and Cypress Street. The additional acreage will allow for possible expansion of Riverfont Park; public spaces such as sidewalks; hike and bike trails and other amenities for citizens and visitors. Once acquired, the City Council would be in control of the building and property and would decide the priorities and next steps. FUNDING SOURCE The City would acquire the property for $2,785,000 plus associated fees including 1.5% to Lee Wheeler with Wheeler Conunercial (a local real estate agency), various closing cost fees and title company expenses. All of the above expenditures will be paid for with available cash in the General Fund's Fund Balance. The Fund Balance has approximately $53 Million, which is 41% of expenditures in the General Fund. The Financial Policies, adopted by the City Council as a part of the FY 2021 Budget, state the General Fund ending fiend balance not be less than 20% of that fund's annual operating expenditures. RECOMMENDATION Approval of the resolution. TEXAS REALTOR9 COMMERCIAL CONTRACT - IMPROVED PROPERTY USE OF THIS FORM BY PER90N8 WHO ARE NOT MEMIXRS OP THE TEXAS AS$0OIAT1pH Op HFALTOR9®, W, IS NOT AUMORIZED, €it.xft AtAWailon OPMLTOR88�, L1a 2ijS 1. PARTIES, Seller agrees to self and convey to Buyer the Property described in Paragraph 2. Suybr agree's to buy the Property from Seiler for the sales price stated in Paragraph 3. The parties to this contract are: Seller: 555 Main Street LLC a Texas limited. liability. com an Address: 595 Orleans St Suite 15+ Phone; 14PD 833.5053��_M_ Fax: Other: TX 777 Buyer: PJ ly of Beaumont _._. Address, 801 Main St, Phone: (409)880.3152 Fax: 2. PROPERTY: TX 77701-3548 - E-mall: atntairrette.hard beaumonttexas. ov Other: k "Property" means that real property situated In . J and that is legally described on the County, Texas at (addrl?ss) A or as follows; B. Seller will sell and convey the Property together with; 4 4 (1) all buildings, Improvements, and fixtures ex el . #%i% �J,--, vm,tti1 9114J- w)s�-ti �4 r-4tw,v (2) all rights, privileges, and appurtenances pertaining to the Proppy, including Seller's right; tifie, and Interest in e4*m4*AalFv utilities, adjacent streets, alleys, strips, gores, and rights -of -way; (3) Seller's Interest in all teases, rents, and security deposits for all or part of the Property, (4) Seller's interest in all licenses and permits related to the property; (5) Seller's interest in all third party warranties or duarantles, if transferable, relating to tiie property or any fixtures; (6) Seller's Interest In any trade names, if transferable, used in connection with the Property; and (7) all Seller's tangible personal pr rty locat'd an e l'rlperty�that s use in connec ipn with the Property's operations except: A e- rs ..r —, A.er �� f Any personal property not included in the sale must be em ved by Seller prior to losing, (Descdba any exceptions, reservations, or restdollons In Paragraph 12 or an addendum.) (if mineral rights are to be reserved an appropriate addendum should be attached,) kt_v�%-Vy (If the Property is a condominium, attach Commercial Contract Condominium Addendum (TXR-1930) or (TXR-1946). j 3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property:�• A. Cash portion payable by Buyer at closing ............... . ......... $ 2 Z4b-5AD:11'0 8. Sum of all financing described in Paragraph 4 .. , ........ , r , , 1. $ ���t C. Sales price (sum of 3A and 3B) ..... , .... ............... (ixR-1801) 4-1•18 Initialed for tdentifloation by S and Buyer , Page 1 of 14 i.eetiS'huter.@4Nstle�in�aar7Jt7t743 Pfiane'�G454333DD Froc4098A933D1 355iHateSr.CRri I-ceL�'Lcdsr FroducadvilELom�lblfTraDssttlent(1ppoRnEdiJoi)71i5houygryCr.CnmhridpQ,OnWfo,GlrgdpH1T1J5 vrxMcr�tl.tpm 585 Main 5t, Beaumont, TX 77101-3212 Commercial Contract. improved Property concerning 4. PINANCING; Buyer vVill finance the portion of the sales price under Paragraph 315 as follows: ❑ A. Third Party Financing: One or more third party loans In the total amount of $ , This contract: (1) is no# contingent upon Buyer obtaining third party financing. (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TXR-1931). ❑ B. 6ssumr)tion: in accordance with the attached Oomrnercial Contract Financing Addendum (TXR-1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ ❑ C. Seller_ Financing: The delivery of a promissory note and deed of trust. from Buyer to seller under the terms of the attached Commercial Contract Financing Adderdum (TXR-1931) in the arnount of 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ $2:0�1 as earnest money with Texas Regional Title Company (title company) at 705 Folsom Bldg 100, Beaumont, TX 77706 (address) Anthony Papa (closer), If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ with the title company to be made part of the earnest money on or before: ❑ (i) days after Buyer's right to terminate under Paragraph 713 expires; or Buyer will be in default If Buyer fails to deposit the additional amount required by this Paragraph 513 within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. C. Buyer may Instruct the title company to deposit the earnest money in an interest -bearing account at a federally Insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY, SURVEY, AND UCC SEARCH, A. Title Policy: (!) S�al,seliar's, expense, will furnish Buyer an Owners Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, in�uring Buyer against loss under the tide policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2)'The standard printed exception as to discrepancies, conflicts, or shortages In area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: � (a) will not be amended or deleted from the title policy. 11 LXl (b) will be amended to read "shortages in areas" at the expense of © Buyer [] Seller. (3)Within 2€1 days after the effective dafe, Seller will furnish Buyer a commitment for title insurance (the commitment) Including legible copies of recorded documents evidencing title exceptions, Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address, (TXR-1801) 4-1-18 initialed for Identification by Sett t 3 and Buyer_,_Page 2 of 14 r'YadutadvANl.onolYd{TiNnsactiv�s(�1pFcrrt,EdllnhJ2355haar5diCt.CamEddpn,6n�atfa,Canad�NliiJG won woiix*ris ss'\%WnSt• Commerdal baPtraot- Improved Property wricamIng ,§55,Main a Beaumont. TX 7770i-3212 B. urve : Within 10 days after the effeotive, date. ❑ (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made In accordance with the, (1) ALTAINSPS I~artd Title Survey standards, or (€1) Texas Society of -Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will rre€mburse Buyer (inserf arrrount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Sellero'expense, will furnish Buyer a survey of the Property dated after the effective date, The survey must be made in accordance with the: (1) ALTAINSPS Land Title Survey standards, or (li) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑X (3) Stiller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey Is not acceptable to the title company, ❑ Seiler Q Buyer (updating party), will, at the updating party's expense, obtain a new or updated survey acceptable to the He company and deliver the acceptable survey to the other party and the title company within 30 days after the title company notifies the parties that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 30 days if necessary for W updating party to deliver an acceptable survey within the time required. _ _e new or updated silweyot elesing, if ele . G. UCC Somh: ❑ (1) Within days after the effective date, Seller, at Seller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date. The search must identity documents that are on file- with the Texas Secretary of State and the county where the Property is located that relate td all personal property an the Property and show, as debtor, Seller and all other owners of the personal property in the last 5 years. d (2) Buyer does not require Seller to furnish a UCC search. i . Survey, and ear h: (1) Within 10 days after Buyer receives the last of the commitment, copies of the documents evidencing the t€tle exceptions, any required: survey, and any required UCC search, Buyer may abject to matters disclosed in the items if (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title to the real or personal property described in Paragraph 2 bther than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the Items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If the commitment or survey is revised or any new document evidencing a Title exception is delivered, Buyer may object to any new matter revealed in sudh revision or new document. Buyer's objection must be made within the same number of days stated, in this paragraph, beginning when the reVision or new document is delivered to Buyer, if Paragraph 6B(1) applies, Buyer'ls deemed to receive the survey on the earlier of: (1) the date Buyer actually receives the survey; or (ii) the deadline specified In Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections, The closing; date will be extended as necessary to provide such time to cure the objeolions. If Seller falls to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded t r. , (rXR-#801) 4-1-18 Initialed for Identiflr.0on by of r�i ��and Buyer Page 3 of 14 HvdUO*dW1hLOA WWrMnu(gauj2fpFMMEdWoo)231Shas"cne3mw;aiOnwo,amadaNlriis t wvmrsorn SSSNs,kSt. Commercial Contract - Improved Property concerning 6U5 Min at. Be0UJnQntJX 7 14 (3) Buyer's failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment, 7. PROPERTY .CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: 1)v-At Feasibill Period; Buyer may terminate this contract for any reason within - -VO days after the �fective date (feasibility period) by providing Seller written notice of termination. (1) ja ende.Qt onsIderatlon, (Check only one box and insert amounts,) Q (a) If B1 terminates, under this Paragraph 7B, the earnest rtioney will be refunded to Brayer I $ 100.0 that Seiler will retain as independent consideration for yer'6 unrestricted t to terminate. Buyer has tendered the independent consideratio o Seller upon payment o e amount specified In Paragraph 5A to the title company, T ndeperldent consideration is to 6b,.credIted to the sales price only upon closing of the ale, If ng doilar ❑ (b) Not later than 3 days after the effec date, Buyer must pay er $ a Independent consideration far Buyer's t to termina# fendenng such amount to Seiler or Seller's agent. If Buyer terminates under thi ar 7B, the earnest money will be refunded to Buyer and Seller will retain the indepe nsideration, The independent consideration will be credited to the sales price on[ on closing the sale, If no dQ11ar artioj]t is stated) in (2) FeasiblIV Perlod E x on: Prior to the expiration of the initial feasibl t period, Buyer may extend the feasibility, d for a single period of an additional 30 da by depositing additional earnest ey in the amount of $2,500.01) with the tit ompany, if nu d liar (1) ti the feasibllity period, Buyer, at Buyers expense, may complete or cause to be comp) any a Il inspections, studies, or assessments of the Property (including all improve and fixtures) des Buyer. (2) , tat:-�ertEr�. 1 6,141 tr ., 0 W. (3) Buyer must: (a) employ only trained and qualified Inspec d assessors; (b) notify Seller, in advance, of wh nspectors ssessors will be on the Property; (c) abide by any reasona ry rules or requirements o er; (d) not interfere ' sting operations or occupants of the Prop - and (e) resto e Properly to Its original condition if altered due It =agents, ies, or sessments !hat Buyer completes or causes to be completed. 4) Except for those matters that arise from the negligence of Seller or Suyer is responsible forany claim, liability, encumbr ce, cause of action, and expense resulting f_ro i (rXfZ-1801) 4-1-18 Initialed for Identfiicaliori by Sel&1,_andDuyer_,_ Page 4 o€14 Pmdbcar1%% h Luna Vld$ Tmw;3ctW1 OpFoon Wton)ZV 8"wwn Cr. C mUdgo, Ontallo. Canada NiT IA toVmhwSf,com 555 A4dn ci - Commercial Contract -Improved Properly concerning s e n s including any property marriage or person jam_) Buyer will indemnify, hold harmless, and defen is a, e s any claim involving a matter for which Buyer is responsible under p t survives termination of this contrac D. Propertynformaticn; (1) Delivery of Prpperty Information.: Within 10 days after the effective date, Seller will deliver to Buyer: (Check all that apply.) .5 H(a) a current rent roll of all leases affecting the Property certified by Seller as true and correct; (b) copies of all current leases, including any mineral leases, pertaining to the Property, including any modlficatlons, supplements, or amendments to the leases; ❑ (0) a current inventory of all personal property to be conveyed under this contract and ceples of any leases for such personal property; ❑ (d) copies of ail notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before closing; ❑ (6) copies of all current service, utility, maintenance, and management agreements relating to the ownership and operation of the Property; (f) copies of current utility capacity letters from the Property's water and sewer service provider; (g) copies of all current warranties and guaranties rotating to all or part of the Property; (h) coples of fire, hazard, liability, and other insurance policies that currently relate to the Property; (1) copies of ell leasing or commission agreements that currently relate to the tenants of all or part of the. Property; (l) a copy of the "as -built" plans and specifications and plat of the Property; (k) copies of all invoices for utilities and repairs Incurred by Seller for the Property in the 24 months immediately preceding the effective date, ❑ (1) a copy of Seller's Income and expense statement for the Property from to ; (m}copies of all previous environmental assessments, geotechnlcal reports, studies, .or analyses made on or relating to the Property; ❑ (n) real and personal property tax statements for the Property for the previous 2 calendar years; ❑ (o) Tenant reconciliation statements including, operating expenses, insurance and taxes for the Property from to ;and El(p) (2) Return of Property fnformatlam If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: {Check all that apply.) (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in ; other than an electronic format and all copies that Buyer made of those items; ❑ (h) delete or destroy all electronic versions of those items described In Paragraph 7D(1) that Seiler delivered to Buyer or Buyer copied In any format; and (e) deliver to Seller copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of thls contract. E. Qontragts Affecting operations.: Until closing, Seller; (1) will operate the Property In the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other Items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Selior may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. (TXR-1801) 4.1-18 Initiated for Identiflration by Serf and Buyer Page 5 of 14 F'rcduceduilh l.onu Wd4 Tr�npocUms t�ipPam Ednloo)231 S�varson C,. Cem6rtdge, QnwKo, CanatSa h'iT iJ5 w- mAolf,cpm WISMsp S4. Commtraiai Contract- Improved Property concemtng J51Ma113st. Ceaumdht, U 17704-3212 S. LEASES. A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according'to its terms. Seiler may not enter Into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller mast disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any non -occupancy of the leased premises by a tenant; (4) any adv4nce sums paid by a tenant under any lease; (B) any coneessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (6) any amounts payable under the leases that have been assigned or encumbered, except as security forloan(s) assumed or taken subject to urtderthis contract, S. E§toppel 9srtirwgies, Within _ days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenant that leases space In the Prgperty, The estoppel certificates*rr ust Include the certifications contained In the current version of `fX,R Form 1938 - Commercial Tenant Estoppel Certificate and any additional Information requested by a third party lender providing financing under Paragraph 4 if the third ,party tender requests such additional Information at least 10 days -prior to the earliest date that Seller may deliver the sighed estoppel certificates. 9. BROKERS; A. The brokers to this sale are; Principal -Broker Kenwheei, Inc dba Whetter Cooperating Broker, Commercial Agent: Lee _Y_.Wheeler, ill Address: 40U Neches Street Beaumont 7X 77701 Phone & Fax: (409)899.3300 F-mail: Iwti relcrC�wheelercommerciaLcorn License No_ 57,9943 Agent: _ Address: Phone & Fax: E mai€: License No.: Principal Broker. (Check only one box) Cooperating Broker represents Buyer, represents Seiler only. x represents Buyer only. Is an intermediary between Seller and Buyer. B. s: (Check only (1) or (2) below,) (Complete the Agreement Between Brokeiss on page 14 only if (f) is selected.) ❑ (1) Seller will Pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller, Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. Buyer ❑X (2) At the closing of this sale, Eeile+wlll pay; . (TXR-1801 ) 4-1-18 Initialed for Identitication by Sellar ' � and buyerw , Page 6 of 14 t�nduoedKieI�tanelYdf7r�n�adlans(�3 am�il(an}231SfwerSmGr,L�rrbddp+,pnfado,Ga3�adoHiT1l5 w,&W<W.wln 55V3Uhst- Commercial Contract - Improved Propdrty donberning 565 Main St. BraVmpnt, TX 77ZDJ:�3212 Principal Broker a total cash fee of: Cooperating Broker a total cash fee of; B4.000 % of the sales price. 8 ... % of the sales prig. The cash fees will be paid in Jefferson County, Texas. SelieF auth,,r:.,. U NQTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment, 10. CLOSING, A. The date of the closing of the sale (closing date) will be on or before the later of: (1). X 14 days after the expiration of the feasibility period. (specifio date). (2) 7 days after objections made under Paragraph 6D have been oured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15, C. At closing, Seller will execute and deliver to Buyer, at Sellers expense, a [] general M special warranty deed. The deed must Include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeaslble V le to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract, Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security Interests against the Property which will not be satisfied out of the sales price, unless securing loans Bayer assumes; (2) without any assumed loans in default; and (3) with ho persons In possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigried to Buyer under this contract. D. At closing, seller, at Selfees expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) a bill of sale with warranties to title conveying title, free and clear of all liens, to any personal property defined as part of the Property In Paragraph 2 or sold under this contract; (3) an assignment of all leases to or on the Property; (4) to the extent that the following Items era assignable, an assignment to Buyer of the following Items as they relate to the Property or its operations: (a) licenses and permits; (b) service, utility, maintenance, management, and other contracts; and (c) warranties and guaranties; (6) a rent roil current on the day of the closing certified by Seller as true and correct; (6) evidence that the person executing this contract Is legally capable and authorized to bind Seller; (7) an affidavit acceptable to the title company stating that Seller is not a foreign person or, If Seller Is a foreign person, a written authorization for the title company to; (1) withhold from Seller's proceeds an amount sufficient to comply with applicable tax law; and (ii) deliver the amount to the Internal Revenue Service together with appropriate tax forms; and (8) any notices, statements, certificates, affidavits, releasps, and rather documents required by this contract, the commitment, or law necessary for the closing of the sale and the Issuarice of the title policy, all of which must be completed and executed by Seller as necessary, E. At closing, Buyer will; (1) pay the sales price In good funds accept bl ` the title company; (TXR 1 8e1) 4-1-18 Initialed for #denl1 loation by S 7 ! and Buyer , Fagg 7 of 14 PMmcedlkiihLWE1Wall Tranodtoa(ApFoM'Fdklon)2318JeAU AC;4CanMdgggh{„do,CartficM NIT1d5 w.Nw&0Vcum 55 UFAAs[- Commercial Contract - lmp' oved property concerning 555 Main Bea umoiit,TX 777 - i (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in the Property a written statement that: (a) acknowledges Buyer has received and Is responsible for the tenant's security deposit; and (b) specifies the exact dolle;i- amount of the security deposit; (4) sign an assumption of all leases then In effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law hecessary to dose the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Tf xas Real Estate Forms Manual without any additional clauses, I i. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale In its preserit conditlon with any repairs Seiler is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seiler after dosing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 12. SPECIAL PROVISIONS: The following special provisions apply and will control In the event of a conflict With other provisions of this contract. (if special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22U.) 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before dosing; (1) releases of existing liens, other than those Items assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, If applicable,, 3.) tax statements or certificates; �;� f9wZ ,1 �) preparation of the deed and any bill of sale; <�40 '(6) one-half of any escrow fee; (6) casts to record any documents to cure We objections that Seller must cure, and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Ex eases: Buyer will pay for the following at or before closing: 41 all loan expenses and fees; V preparation fees of any dded of t; u-t d (3) recording fees for the deed and any deed of trust; (4) prerniums for flood and hazard insurance as may be required by Buyers lender; (5) one-half of any escrow fee; and (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date, (rXR-1501) 4-3-18 tnitlate d for ldenllficatlon by Sell and Buyer rage 8 of 14 FYoducad tkQ, Lono 4VdFTr©nsatlims trtpfia�n l:diganJ 233 Shaflrson Cr. CnmbridAe, Rntado, Ganade N3T iJ5 wxwS,wiT.rasn 55$\iota St- commercial Contract - lmpraved Property concerning 555 Main ft Beaumont, •rX 77791-3212 (2) If the amount of ad valorem taxes for the year In which the sale closes is not available on the closing date, taxes will he prorated on the basis of taxes assessed in the prevlous year. If the taxes for the year In which the sale doses vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become avallattle. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer alf reserve deposits .held by the tender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an approprilite adjustment at closing. B. Rollback faxes; If Seller's use or change In use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of Seller. if this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C, Rent_and_Seoudty Dep ak, At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and oilier advance payments paid by tenants. Rents prorated to one party but received by wi the other partyll be remitted by the recipient to the party to whore it was prorated within 5 days after the rent Is received. This Paragraph 14C survives closing. 15. DEFAULT,, A. if Buyer fails to comply With this contract, Buyer Is in default and Seller, as Sellers sole remedy(ies), may terminate this contract and receive the earnest money, as liquldafed damages for Buyer's failure except for any damages resulting from Buyer's Inspections, studies or assessments in accordance with Paragraph 7C(4) which Seiler may pursue, or (Cheuk if applicable) I enforce specific performance, or seek such other relief as may by provided by law,_ B. If, without fault, Seller is unable within the time alloWed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earriest money, less any Independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 1513, If Seller falls to comply with this contract, Seller Is in default and Buyer may, (1) terminate this contract and receive the earnest money, less any Independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy, or (2) enforce specific performance, or seek such other relief as may be provided by law, or both. 16, CASUALTY LOSS AND CONDEMNATION, A. If any part of the Property Is damaged or destroyed by fire or other casualty after the effective date, Seller roust restore the property to Its previous condition as soon as reasonably possible and not later than the closing data, If, without fault, Seller is unable to do so, Buyer may, (1) terminate this contract and the earnest money, less any Independent consideration under Paragraph 7B(1), will be refunded to Buyer, (2) extend the time for performance up to 15 days and closing will be extended as necessary, or (3) accept at closing. (1) the Property in its damaged condition, (11) an assignment of any insurance proceeds Seller is entitled to recelva along with the Insurer's consent to the assignment; and (111) a credit to the sales price In the amount of any n aid deductible under the policy forthe loss. (TXR 1 e0i) 4-1-18 tnkiated for IdenifflcaUon by Sell / , and Buyer page 9 of 14 Produce>lu�LoranYldl7ra0�cGas{bppnrn,Ed',Im�27{Sh9br5PnCr,C�minldpgOnLuro,CarvdaNfilJ& tisuvlrolfo4m 35s11ih5{. Commercial Contraot- Improved Prbperty concerning SES Main n X 777 S. If before dosing, condemnation proceedings are commenced against any part of the Property, shyer may: (1) terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemr€atlon proceedings and the earnest money, less any independent consideration under Paragraph 713(1), will be refunded to Buyer; or (2) appear and defend the condemnation proceedings and any award will, at Buyer's election, belong to: (a) Seller and the sales price will be reduced by the same amount; or (b) Buyer and the salos price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non prevailing parties all costs of such proceeding and reasonable attarney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses Incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return recelpt requested. Notices to the He company are effective upon receipt by the title company. F. Any party who wrongfully falls or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (1) damages; (1€) the earnest money; (ill) 7 reasonable attorney's fees; and (€v) all costs of suit. GeSeller (] Buyer Intends) to complete this transaction as a part of an exchange of litre -kind properties 4 In accordance with Section 1031 of the Internal Revenue Code, i9s amended. Ail expenses In connection Wth the contemplated exchange will be paid by the exchanging party, The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum: extent feasible with the provisions of Section 1031 of the Internal Revenue Code, The other provisions of this contract will not be affected In the event the contemplated exchange fails to occur. 19. MATERIAL FACTS: To the best of Seller`s knowledge and belief: (Check only one box.) A, Seiler is not aware of any material defects to the Property except as stated In the attached CommercIPI-1, ; Property Condition Statement (TXR-1408). [ 0 B. Except as otherwise provided in this contract, Seller is not aware of: l i (1) any subsurface: structures, pits, waste, springs, or Improvements; (2) any pending or threatened litigation, cande nation, or assessment affecting the Property; (T'XR-1801) 4-1-18 Initialed for Identification by 861, and buyer. Page 10 of 14 Praduta6Hi4tlonaWdrTir,nsa[Gms(�pFa,n ddionj23lS>AaronCr.Carnydpa,Onlarlo,CnnadeHli€JS www1mit.mrn 5.50raln5l. Commercial Contract- Improved Property rancerning 555 rVlatn Sf. iieaumont. TX 777Qj:a212 (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property Is or has been used for the storage of disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground t nks or containers; (a) whether radon, asbestos containing materta s, urea -formaldehyde foam insulation, lead -based paint, toxic mold (tb the extent that it adversely affects the health of ardinary occupants), or other pollutants cr contaminants of any nature now exist or ever existed on the Property; (6) any wetlands, as defined by federal or state law or regulation, on the Property; (7) any threatened or endangered species or their habitat.on the Property; (8) any present or past Infestation of wood -destroying insects in the Property's Improvements; (9) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (1Q)any material physical defects In the improvements on the Property; or (1 I)any condition on the Property that violates any law or ordinance. (describe any exceptions td (f j-(f 1) In Paragraph 12 or an addendum.) 20, NOTICES: All notices between the parties under this contract must be In writing and are effective when hand -delivered, mailed by derti(led mail return recelpt requested, or sent by facsimlle trpnsmilsslon to the parties addresses or facsimile numbers stated in Paragraph 1, The parties will send copies of any notices to the broker representing the patty to whore the notices are sent. A. seller also consents to receive any notices by e-mail at Seller's a -mail address stated In Paragraph 1. X B. Buyer also consents to receive any notices by e-mail at Buyers e-mail address stated in Paragraph 1. 21, DISPUTE RESOLUTION: The patties agree to negotlote In dood faith in an effort to resolve any dispute related to this contract that may arise, If the dispute cannot be resolved by negotiation, the parties will sutbmit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator, This paragraph survives termination of this aontracL This paragraph does not preclude a party from seeking equitable relief from a court of competent juflsdigtion. 22. AGREEMENT OF THE PARTIES - A, This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract Is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of Identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement, D. Addenda which are part of this contract are: (Check all thaf apply.) X (1) Property Description Sxhlbit Identified In Paragraph 2; (2) Commercial Contract Condominium Addendum (TXR-1930) or (TXR t 946); (3) Commercial Contract Financing Addendum (TXR 1931); (4) Commercial Properky Condition Statement (TXR 1408); (5) pommorclal Contract Addendum for special provisions (TXR-1940); x (6) Addendum for Seller's Disdosure of Information on lead -Based Paint and Lead -Based Paint Hazards (TXR-1906), (7) Notice to Purchaser of Deal Property in a Water District (MUD); (8) Addendum for Coastal Area Property (TXR-1915); (9) Addendum for property Located Seaward of the Gulf Intracoastal Waterway (TXR-1916); X (10)lnformation About Brokerage Services (TXR-2601); and (11)Wotmadon About Mineral Clauses in Contract Forms (TXR2609); and X (12)I]raina a District 6 Notice (TXR-1801) 4-1Aa Initialed for Identiration by Sel ee and Buyer_ Page 11 of 14 pmduaduihionclYdfi tu�dfortc(z3A1'aia�'dllae)28#Shc+nw(x.Cam�rldlre.Onta,l❑.C�n�d�NkS9dG VAm-Wthorn S.S.Nj1hSt- Cornmerciai contract - Improved Property concerning TX 777al=3212 (Note: Counsel for Texas REALTORSO has datermined that any of the foregoing addanda which are promulgated by the Texas Real Estate commission (i"RRG) or published by Texas RF4LTORSO are appropr49te for use with MIS faun.) E. Buye ay Kmay not. assign this contract, Of an - future liabilityunder this contract only obligations under this contract. If Buyer assigns this. contract, Buyer will be relieved If the assignee assumes, In writing, all of Buyer's 23. TIME; Time is of the essence In oils contract. The parties require strict compliance with the times for performance. If the last day td perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance Is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE ©ATE, The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. if the Property Is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the fax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13,257, Water Code: 'The real property, described below. that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required tv pay before you can receive water or sewer service:. There may be a period required to construct lines or other faciiKies necessary to provide water or sewer service to your property. You are advised to determine If the property Is in a certificated area and contact the utility service provider to determine the cost: that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing nofe at or before the execution of a binding contract for the purchase of the real property described In the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. D, If the Property adjoins or snares a common boundary with the tidally Influenced submerged lands of the state, §33,136, TeXas Natural Resources Code, requires a notice regarding coastal area property to be included as part of this contract (the Addendum for Caastal Area Property (TXR 1915) maybe used). E. If the Property Is located seaward of the Gulf thtracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be Included as part of this contract (the Addendum? for Property Located Seaward of the Calf Intracoastal Waterway (W-1916) may be used)- F. If the Property is located outside the limits of a municipality, the Property may now or later be Included in the extra -territorial jurisdiction ( 1'J) of a municipality and may now or later be subject to annexation by the municipality. Each municipality mointelns, a map that depicts Its boundaries and ETJ. To determine If the Property Is located within a munlelpality's i TJ, Buyer should contact all municipalities located In the general proximity of'the Property for further information. G. If apartments or other residential units are on the Property and die units were built before 1978, federal law requires a lead -based paint and hazard disclosure statement to be made part of this contract (the Addendum; for Seller's Disclosure of information on Lead -Based Paint and Lead -Based Petnt Hazards (TXR-1906) may be used). (rXR-1801) 4-1.18 Initialed for identification by Salle , and Buyer �, _ _ _ _ Page V of 14 P,oducedvill, I,orscl4glFTrahFocilat,C {�pFom, F:dllonj2s4 SfseuFSQn cx, Gnmbridgr, 6a3a+iu, Gsneda N1T i.1S wwH.twifwm sss �ufn tic- Commercial Contract - Improved Property concerning 555 MainSt, innnt.'rX 77701-s3212, H. Section 1968.164, Occupations Code requires Seller to provide Buyer a copy of any mold remediatlon certificate Issued for the Property during the 6 years preceding the date the Seller sells the Property. I. Brokers are not qualified to perform property Inspectlohs, surveys, engineering studies, environmental assessments, or Inspections to determine cometlance with zoning, governmental regulations, or laws. buyer should seek experts to perform such services, Buyer should review local uilding codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, Inspectors, and repairmen Is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. 1 NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an Impoundment of water, Including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 6,000 acre-feet at the impoOndmenf's normal operating level, Seller hereby notifies Shyer: "The water level of the impoundment of water adjoining the Property fluctuates for Various reasons, Including as a result of: (1) an entity lawfully exercising Its right to use the water stored In the impoundment; car (2) drought or flood conditions." K, LICENSE HOLDER DISCLOSURE: Texas law requires a real estate ticense holder who is a party to a transaction or acting on behalf of a sppouse, parent, child, business entity in which the license holder owns more than 10%, or a trust for which the license holder acts as a trustee or of which the license holder or fhe license holder's spouse, parent or child is a beneficiary, to notify the other party In writing before entering Into a contract of sale. disclose if applicable: 26, CONTRACT A$ OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the property. unless the other party accepts the -offer by 6:00 p.m., In the time zone in which the Property Is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no rei resentatinri or recommendation as to the legal Sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. 655 Main street, LLC, a Texas limited liability Seller: ,company r _ Buyer City gE Beaumont By: BY: n� By (signature): By (signature): Printed Name: Thomas M. Fix Printed Nome: Kyle Haes Title: Mxnaging,Member Title: CJW Mane r By: By: By (signature): By (signature): Printed Na)ne: Printed Name: Title: _ Title: ( XR 1801) 44-18 page 13 of 14 Produced µ§th long WoirTran:acOorm (ApPom Edtlan) 231 shaarson G. [)aITUdga, Anwo. cwgada NIT US w wt mlfeotn MSMAta 4- Commercial Contract - Improved Property concerning 656 MpIn %, RoaQwont, TX 777OL32112 AGREEMENT BETWEEN BROKERS (use only if Paragraph 913(1) is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: $ , or % of the sales price, or % of the Principal Broker's fee, The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between l3rokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: Cooperating Broker; By: By., ATTORNEYS Seller's attorney: �� �J'(J� ►�°1YT! try L L t Address: Sot, alv, u r v. t. 40,0 ,. AAg0!- 7'7,7 a 1 Phone & Fax: L �i Seller's attorney requests copies of documents, notices, and other Information: al the tifie company sends to Seller. Buyer sends to Selier. The title company acknowledges receipt of: HA. the Qontract on this day B. earnest money in the amount of A., Title company: Texas Regional Title Company By: Assigned file number (GF4): Buyer's attorney: Tyrone Cooper ^ Address: Same as ByBC — Phone & Fax: (409)880.3715 E-mail: tvrone.cooaerC@beaumonitexas.aov Buyers attorney requests copies of documents, notices, rand other information: the title company sends to Buyer. X Seller sends to Buyer. ESCROW RECEIPT (effective date); In the form of Address: 7675 Folsom Building 100 Beaumont, TX 77706 Phone & Fax, (409)861 7300 (TXR-1801) 4-1.18 Page 14 of 14 Fi'odusodWithIonaWttf7rensocVonstrip mn�Ccior�)�3i��a1NStx7Cr.Combridgo,on�aria,CSnodaHiT'135 wny.Iw com sm.%WnSt- M I t�yft 1.131-W-1 LEGAL DESCRIPTION BEING 3.680 acres (.160,305 square feet:) of land situated an the Noah Tevis Survey, A.-52, Jefferson County, Texas and being all of Blocka 19 and 25 0£ the Original Townsite of Beaumont, Texas, all of the formerright of way of Travis Street lying between Blorlrs 19 and 25 and the north Half of the former night -of -way of Hickory Street lying south of Blocks 19 acid 25, said 3.680 acres beans more particularly described by metes anti bounds as follows with all bearings 'referenced to the call Bearings in the deed into Southwestern Bell Telephone Company, recorded in Volume 1713, Page 116 of the left'erson County Deed Records (J'.C.D,R.); BECrINNING at an "x" mark set in concreW in the northeasterly right: of�way line of Main Street at its intersectiou with the centerline of the former Hickory Street (Abandoned by documdut xecorded in Volume 1713, Page 112 and Volume 1901, Page 212 of the I.C.D.R.), same being the most southerly southwest comer of the herein described tract of lmxd; THENCE, North 40°3310013 Vest, along the northeasterly right-of-way line of Main, Street, a distance of 274,16 feet to an 'Y' mark set in, concrete at the intersection of the northeasterly right-of-way line of Main Street with the east right-of-way line of Pine Street (61,11 feet wide) for the most westerly southwest corner of the herein described tract of land; THENCE, North, along the easterly right-of-way line of fine Street, a distance of 122.24 feet to a point at the intersection: of the east right -of way line of fine Street with the south xight-of-way line of Tevis Street (61.11 feet wide) for the northwest corner of the herein described tract, from which a found SBC monument in concrete bears East, 0.31 feet, same beiag the northwest comer of said Block 25; THENCE, East, along the south right-of-way Bile of Tevis Street, a distsnro of 541.11 feet to a point at the intersection of the south right-of-way line of Tevis Street with the west right-of-way lint of Cypress Street for the northeast comer of the herein described tract, from wl;inh a found SBC monumeut Ma cenorete bears West, 0.31 feet, same being the northeast corner of said Blokk 19; THENCE, South, along the west right-of-way line of Cypress Street, a distance of 330.56 feet to a 518 inch ironrod With plastic cap stamped "SURVCON INC".sot at the intersection of the west right-of-way line of Cypress Street with the centerline of the former Mokozy Street ,for the southeast comer of the herein described tract, from which a found SBC monument in concrete bears North 48"1T Ea9t,1,31 fact; THENCE, West, along the fortnex centerline of Hickory Street, same being the north line of a tract of laird cozrveyed to City of Beaumont on March 20, 1981 under Cause No. 341.99 in the County Court at Law in Jefferson County, Texas, a distance of 362,$8 feet to the POINT OF BEGTNNLNO and containing within its bounds a computed area of 3.680 acres (160,305 square feef) of land. 04669.1 APPROVED BY THE TEXAS REAL ESTATE COMMISSION 10.10-11 ADDENDUM FOR SELLER'S DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS AS REQUIRED BY FEDERAL LAW CONCERNING THE PROPERTY AT 555 Main St Beaumont (sfteetAddress and City) A, LEDAQ WARNING STATEMENT: "Every purchaser of any Interest In residential real property on which a residential dwelling was built prior to 1878 Is notified that such properly may present axposure to lead from lead - based paint that may plat* young children at risk of developiing lead poisoning. Lead poisoning in young phildren may produce permanent neurological damage, Including learning disabil€ties, reduced inte€ligence. gttotlent, behavioral problems, and Impaired memory. Lead poisoning also poses a partloular risk to pregnant women. The seller of any Interest In residential real property is roquirsd to provide the buyer with any Informatlan on lead - based paint hazards from Hst assessments or Inspections in the seller's possession and notify the buyer of any known lead -based paint hazards. A risk assessment or inspection for possible !earl -paint hazards is recommended prlorto purchase" NOTICE: Inspectormust be prapedy certified as requlred ay federal law. B. SELLER'S DISCLiOSUM 1. PRESENCE OF LEAD -BASED PAiNT AND/OR LJ<AD-BASED PAINT HAZARDS (check one box only); ❑ (a) Known lead -based paint and/or lead -based paint hazards are present in the Property (explain): - Q (b) Seller has no actual knowledge of lead -based paint and/or lead -based paint hazards in the Property, 2. RECORDS AND REPORTS AVAILABLE TQ SELLER (check one box only): ❑ (a) Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards In the Property (flat documents): ^^ X❑ (b) Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards In the Property. C, 8UYEWS RIGHTS (check one box only): ❑ 1. Buyer waives the opportunity to conduct a risk assessment or inspection of the Property for the presence of lead -based paint or lead -based paint hazards. 1Z 2. Within tern days after the effective date of this contact, Buyer may have the Property inspected by inspectors selected by Buyer. If lead -based paint or Lead -based paint hazards are present, Buyer may terminate this Contract by giving Salter wditen notice vtilhln 14 days after the effective date of this contract, and the earnest money will be refunded to Buyer, D, SUYEWS ACKNOWLEDGMENT (check applicable boxes); 1. Buyer has received copies of ail Information listed above. X Z 13uyerhas received the pamphlet Protect Your Family from Lead in Ybbr.Home. E. BROKERS' ACKNOWLEDGMENT: Brokers have informed Seller of Seller's obligalions under 42 U.S.C. 4852d to: (a) provide Buyer with the federally approved pamphlet on lead polsoning prevention; (b) complete this addendum; (C) disclose any known lead -based paint and/or lead -based paint hazards in the Property; (d) deliver all records and reports to Buyer pertaining to lend -based paint and/or lead -based paint hazards In the Property; (e) provide Buyer a period of up to 10 days to have the Property inspected; and (9 retain a completed copy of this addendum for at least 3 years following the sale. Brokers are aware of their responsibility, to ensure compliance. F. CERTIFICATION OF ACCURACY; The following persons have reviewed the information abpve and certify, to the best of their lmowtedge, that the information they have provided is true an ccurate. Buyer Date Seiler Date kyle Hayes Thomas M. Flanagan Buyer gate Seller Date Other Broker Date Listing Broker Cate Lee Y. Wheeler, llf I IIG WMI u1 u1116 auuwtULNP nos 0e411 apprT}vea roy Me IOXAS KGai t6016 GMMIaclan SOT uae onry tYdn 8mluatry at3pt�aYEd or j]tpttlUjy9lAd farms of rantracls. Suds apprOV4 rotates to tuts rmnhapt (on only. TREC rams am lntandad Tx u:a Drily by tratnod real estate Itamsaes, No rap sontatlan Is made as to the l+gal v4dity or adequacy of any pravtsl= in any spaol60 nransactlbna. It is nal suit©bla for actnplax transacttonc, Texas Goat Fatale Commis, lon, PO. Sox 121AB, Austin, TX7671i-2i8B, 512-fM 3000 (htlpJ�lvwrvtra� texat.gov) (TXR 1906) 10-10-11 TREC No. CAP-L rcnlVRWtr,4uoF":40gMfq Tat aSATOMUI-UYE t.caWkWir Ptocl:eadnithlonaWdfTranp=ilo:t(zlpPom,P Banj231G1osrr�anct trldpa Ontadu.r adaNiTlSs vMvtwdf;o= 12t Infolrlmadou About Brokerage Services � m Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, t9hanta, sellers and labdiards. TYPES OF REAL, PSTATE LIGENSE HOLDERS: it A BROKER Is responsible for all brpkeragb activities, including acts performed by sales agents sponsored by the broker. # A SALES AGENT must be sponsored by a broker and works with clients on behblf of the broker, A BRONEWS MINIMUM DUTIES REQUIREi313Y LAVE/ (A client Is the person or party that the broker represents). /f Put the interests of the relent above all others, Incuding the broker's own intamAls; It Inform the client of any material information about the property or transaction received by th'a broker, Answer the dient's questions and present any offer to or edunter-offer from the cTrenl; and Treat ail parties too real estate transaction honestly and fairly, A LICENSE HOLDER GATT REPRESENT A PARTY IN A REAL. ESTATE TRANSACTION: 11 i212(l'i 5 AS AGENT FOR OWNER (SELLERILANDL,0110): The broker becomes the property owneea agent through an agreemgnt with the owner, usually in a written listing to sell or property management agreement, An owner's agent must perform the broker's minimorn duties above and trust inform the owner of any material information about the property or transaction known by the agent, Including informatfon discloser[ to the agentor subagent bythe buyer orbuyer's agent, AS AGENT FOR SUYERITENANT: The broker becomes the buyerltenants agent by agreeing to represent the buyer, usually through a written represeritatlon agreement. A buyer's agent must perform the brol�eez minimum duties above and must inform the buyer of any material Information about the property or transaction known by the agent, Including Information disclosed to the agent by the seller or seiieea agent. AS AGENT FOR BOTH - INTERMEDIARY., To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transactlom The written agreement must state who wait pay the broker and, in conspicuous botd or underlined print, aet forth the broker's obligations as an intermediary. A broker who acts as an Intermediary: # Must treat all parties to the transaotion impartially and fairly; May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate. with, provide Opinions and advios to, and carry out the Instructions of each party to the iransargon. ff Must not, unless specifically authorized In writing to do so by the party, disclose: o that the owner wilt accept a price less than the written asking price; a that the buyerltenant will pay a price greater than the price submitted In a written offer, and a any confl4entiel Infomtntion or any other information that a party speolCroally instructs the broker in writing not to disclose, unless required to do so by law, A5 SUBA(;ENT: A License holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. TO AVOID DISPUTES, ALL. AGREEMENTS BEW&EN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH- tt The broker's duties and responslbillties to you, and your obligations under the represr rltation agreement, # Who Wit pay ilia broker for services provided to you, when payment will be made and how the payment wilt be calculated. UCIwNSE HOLDER CONTACT INFORMitAIION: This notice Is being provided for Information purposes. It does not create an obligation for you to use the broker's servlces. Please acknowledge receipt of this notice Flow and retain a copy for your records. KenWhesl, Inc. db-a Wheeler Commercial 579943 lwheelerAwheelerdammerclahcom _ (409)899-3300^ Licensed OrakerlBroker Firm Name or License No. Email Phone Primary Assumed Business Name Lee Y. Wheeler,,111 _ 467065 (400)890-3300 Desighated Broker of Finn License No. Ernal Phone Licensed Supervisor of Sales Agent/ License No. Entall� phone Associate Sales Agont/Assootate's Name License No. Buyer/Tenant/SellerlLandlord Initials Date Phone Regulated by the Texas Real E?siate Commission Information available at www.trec.fexas,gav TXR-2601 IABS 1-0 Date Lee wbtdtrwtMReditj11 samol"7MI a:40M53100 fad:{afYmaoi 555Ai.1n5i-Cpil L"Mcdtc Prudaur6kil]tlonaWarTransaci�on¢trr�,isam�di�orsj231Eha��smCr.p,nb,{dga,rxRsxcs,CanadaNiTiJS vnwilKod,eom NOTICE TO.PURCHASERS The real property described below, which you are about to purchase, is located in Jefferson, County Drainage District No. 6. The District has taxing authority separate from any other taxing authority and array, subject to voter apprflval, issue an unlimited rate of tax in payment of suchbonds. As of this date, the rate of taxes levied by the District on real property located in the District is 22.0587 cents on each $100 of assessed valuation. The total iLmount of bonds that have been approved by the voters and which may be issued by the District (excluding rdun.ding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) is $0; however, contract: revenue refunding bonds have been approved by the District's Beard in the following original amounts Series 2003 - $4,995,000, The aggregate initial principal amount of all bonds ofthe District payable in whole or part from taxes (excluding refunding bonds and airy bonds or portion of boards paya'blc solely from revenues received or expected to be received purs€aaat to a contract with a governmental entity) that have been previously issued is $0, however, the current principal amounts of contract revenue refunding bonds outstanding are as follows: Series 2003 Contract Revenute Refunding Bonds - $950,000, The contract revenue refunding bonds are sexviced through taxes collected for maintenance and operating. Funds fr-om maintenance and operating are transferred to dent service for annual installments toward payment of the contract revenue refunding bonds. No separate tax is collected for contract -revenue refunding bonds. The District does not impose a standby fee. The purpose of this District is to provide drainage or flood control faoilije$ and services within the District through the issuance of bonds payable in whole or in part frond property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. The legal description of the property which you are acquiring is as follows: Sea Exhibit A Date (Seller). PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CI4.ANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of tho real property described in such ;notice or at closing ofpurchase of the wal property. Date (Buyer) RESOLUTION NO. THAT the City Manager be and he is hereby authorized to execute all documents necessary to acquire the building and property located at 555 Main Street. The meeting at which this ordinance 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 15th day of June, 2021. - Mayor Becky Ames - 19 June 15, 2021 Consider a resolution authorizing the City Manager to execute Change Order No. 1, to the contract with Viking Painting, LLC related to the West Elevated Storage Tank Rehabilitation Project BEAUMONT I T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Orden No, 1, to the contract with Viking Painting, LLC related to the West Elevated Storage Tank Rehabilitation Project, BACKGROUND On February 9, 2021, by Resolution No. 21-035, City Council awarded a contract to Viking Painting, LLC, of Omaha, Nebraska., in the amount of $849,900.00 for the West Elevated Storage Tank Rehabilitation Project. Proposed Change Order No. 1, in the amount of $205,600.00, is required for the replacement of sixteen (16) roof rafters due to unforeseen section loss from corrosion found during construction, Without the replacement, the tank will not be able to support the proposed containment system that will prevent blasting and coating debris from impacting the area surrounding the tank. A total of forty-five (45) working days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $1,055,500,00 with 195 total working days to complete the project snaking the new estimated substantial completion date January 3, 2022. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-035 WHEREAS, bids were received for a contract to furnish all labor, materials, equipment, and supplies for the West Elevated Storage Tank Rehabilitation Project; and, WHEREAS, Viking Painting, LLC, of Omaha, Nebraska, submitted a bid In the amount of $849,900.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Viking Painting, LLC, of Omaha, Nebraska, is the lowest responsible bidder providing the best value to the City and 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 Viking Painting, LLC, of Omaha, Nebraska, to furnish all labor, materials, equipment, and supplies for the West Elevated Storage Tank Rehabilitation Project in the amount of $849,900.00, as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Viking Painting, LLC, of Omaha, Nebraska for the purposes described herein. 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. a or Becky Ames - APPROVAL Of CONTRACT CHANGE CHANGE ORDER No. One (1) DATE: June 7, 2021 PROJECT: City of Beaumont, Texas West Elevated Storage Tank Rehabilitation Old No. WU0121.07 OWNER,, City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Viking Painting, LLC 305 N 93'a Street Omaha, NE 68114 TO THE OWNER: Approval of the following contract change Is requested, Reason for Change: To provide for removal and replacement of 16 roof support rafters ORIGINAL CONTRACT AMOUNT: S 849,900.00 THIS CHANGE ORDER Item Description is Remove and replace existing 16 roof rafters with 16 new roof rafters, ADD 1 L5 @ $205,600.00 $ 205,600.00 TOTAL AMOUNT OF THIS CHANGE ORDER No.1 205,600.00, TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 1,055,500.00 CONTRACTTIME original Contract Time: 150 Working days Additional Contract Time Requested this change order 45 Working days Revised Contract Time per this Change Order 195 Working days CONDITION Of CHANGE: "Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated In this Change Order represents full compensation for all Increases and decreases In the cost of, and the time required to perform the entire work under the Contract arising directly or Indirectly from this Change order and all previous Change Orders, Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it Is properly executed." Recomm ride Approved by: Schaumburg & , Inc, City of Beaumont Engineer Owner Date; Date; Accepted by: Viking Painting, I.I.C. Contractor Date: 06/09/21 Page i of i June 8, 2021 Amalia "Molly" Villarreal, P.E. City Engineer City of Beaumont 801 Main Street Beaumont, Texas 77701 Re; City of Beaumont West Elevated Storage Tank Rehabilitation Dear Ms. Villarreal, SCHAUMBURG S. POLK, While setting up for the initial test blasting of the interior of the roof, the contractor observed what he classified as severe corrosion and decided to get a closer look at the roof support rafters. In his opinion the rafters needed to be replaced, so he contacted the project manager, who In turn contacted Nestor Barroeta, SPI and Mr. Clark Northup, SPI's inspector to come to the site to inspect the rafters. Mr. Barroeta and Mr. Northup visited the site on May 11, 2021 and inspected the rafters from a stage. The contractor had blasted the paint and loose material off the closest rafter to the stage, The rafter showed moderate to heavy section loss due to the corrosion and blasting process. While on the stage, Mr. Barroeta and Mr. Northup observed that most of the top members of the rafters showed severe corrosion and that a minimum of eight (8) rafters need to be replaced. We were unable to determine the extent of the damage of all the rafters from that location in the tank, but could see obvious signs of corrosion on the rafters on the far side of the tank. The contractor contacted Mr. John P. Longnecker, P.E.; Structural Engineer with River Valley Engineering, Inc., to assist them In assessing the condition of the roof rafters. Mr. Longnecker stated in a letter dated May 25, 2021, see attached, that after reviewing the pictures of the rafters and based on the thickness of the roof plate, the roof "as it Is constructed is not capable of self supporting the anticipated loads" and he recommends that the roof structure be repaired or replaced. The anticipated loads Mr. Longnecker refered to include the 114" plate plus the proposed containment system. Based on our observations of the roof rafters, conversation with the contractor and his structural engineer's assessment letter, and conversations with Mr. Clark Northup, our third -party Inspection on this project, we recommend that the roof rafters (16) be removed and replaced with new rafters. We understand the proposed work comes at a considerable expense to the City but performing this work at this time will be value added to the project, The tank was built in the early 1960s, replacing the roof rafters in conjunction with the new coating system will insure that the City will have a structurally sound tank for at least 20 more years. Sincerely, "ft a r'%a @� SCHAU BPC3 &, OLK, INC, 011ie� '' .,s JEFFREY C. BEAVER e` Nestor Barr eta {fr er, P.E ':'..".60676..'.. -..; Project Ma ager'. •�.P Enclosure aaa®��ai�i�1 t iC" RIMER VALLEY 1'526 WHITLOCK DR, ALIVIA,.AR 72921 ENGINEERING, INC (479) 410-2208 June 8, 2021 Mz.Luan Ida Viking Industrial Painting RE: Beaumont, TX Roof Strucutural Deterioration Mr: Ha After review of the pictures and performing •a limited roof analysis on the 1,000,000 gallon Beaumont, TX legged tower, it is my opion that the roof as it is constructed is not capable of self supporting the anticipated load's. A ioof with the geometry as'shown of 90 footradius per AWWA D-100 would need -to be'/2" plate to be able to be self supporting. Thus I must conclude that the roof structure supporting the'/a'.' plate in its compromised condition in my opinion needs to, be repaired or replaced to ensure the tanks structural integrity, If you have any questions, please give me a call at (479) 410-2208. Sincerely, Rivet-. Valley Engineering, Irrc. �Ma nager of Engineering � � '��� j r cc: -File Texas Firm F-t 1333 No Text No Text No Text RESOLUTION NO. WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-035 awarding a contract in the amount of $849,900.00 to Viking Painting, LLC, of Omaha, Nebraska, for the West Elevated Storage Tank Rehabilitation Project; and, WHEREAS, Change Order No, 1, in the amount of $205,600.00, is necessary for the replacement of sixteen (16) roof rafters due to unforeseen section loss from corrosion found during construction, thereby increasing the total contract amount to $1,055,500.00; 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 City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $205,600.00 for additional work described above, thereby increasing the total contract amount to $1,055,500,00 for the West Elevated Storage Tank Rehabilitation Project. 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 15th day of June, 2021. - Mayor Becky Ames - 20 June 15, 2021 Consider an ordinance approving the rates proposed by Centerpoint Energy TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: .tune 15, 2021 REQUESTED ACTION: Council consider an ordinance approving the rates proposed by Centerpoint Energy. BACKGROUND On March 4, 2021, Centerpoint Energy filed with the City of Beaumont an annual Gas Reliability Infrastructure Program (GRIP) interim rate adjustment request to increase gas rates in its Beaumont/East Texas Division Service Area. The Council, on March 23, 2021, suspended the effective date of the proposed rate increase for a period of forty-five (45) days in order to allow for the review of the company's filings for compliance with the Gas Utility Regulatory Act. The review has been completed and it has been determined that the company's filings comply with the GRIP statute. Attached is a rate ordinance approving the new GRIP rates for the 2021 rate year, The impact on customer accounts is provided for your information. Customer Impact Summary CUSTOMER CLASS MONTHLY BILL INCREASE RESIDENTIAL $2.39 GENERAL SERVICE SMALL $3.92 GENERAL SERVICE LARGE $18.31 FUNDING SOURCE All reasonable expenses associated with rate cases are reimbursable by the company. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS APPROVING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS ("CENTERPOINT" OR "COMPANY") COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON MARCH 4, 2021; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about March 4, 2021, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed an Annual GRIP adjustment for the Beaumont/East Texas Division Service Area with the City of Beaumont ("City") to increase gas rates in the Beaumont/East Texas Division Service Area pursuant to Gas Utility Regulatory Act ("GURA"), Tex. Util. Code § 104.301; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to GURA § 103.001; and, WHEREAS, GURA § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and, WHEREAS, the Company proposed an effective date of May 3, 2021, for the rate increase; and, WHEREAS, the City suspended the proposed May 3, 2021 effective date until June 17, 2021; WHEREAS, the proposed interim rate adjustment would increase average residential rates by $2.39 per customer per month; and, WHEREAS, the City's consultant has reviewed the GRIP filing and has concluded that the proposed GRIP rates are correctly calculated; and, WHEREAS, the reasonableness of the Company's investment will be reviewed in CenterPoint's subsequent base rate case where all costs included in CenterPoint's GRIP filing will be subject to refund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The Company's proposed GRIP rate increase is approved effective June 17, 2021. Section 3. The meeting at which the ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 4. This Ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of J u ne, 2021. - Mayor Becky Ames - ATTEST: 21 June 15, 2021 Consider a request to abandon a ,portion of an alley located at 3154 Shatmon Avenue 1% � BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 15, 2021 REQUESTED ACTION: Council consider a request to abandon a portion of an alley located at 3154 Shannon Avenue. BACKGROUND Grant Keller of Vaquero Ventures is requesting abandonment of the alley located within Block 1, South End Addition, without the retention of an easement. Mr. Keller would like to build a coffee shop at this location. Plans have been submitted to relocate the existing sewer line allowing the alley to be abandoned. Although Water Utilities is in favor of the abandonment, they would prefer to see the sewer line remain in place with the retention of an easement as long as no facilities are placed within the easement. In addition, the contractor should include expansion joints at the easement lines to facilitate any necessary fiiture repairs. At a Joint Public Hearing held on May 17, 2021, the Planning Commission recommended 5:0 to approve the request to abandon a portion of an alley with the following conditions: 1. Expansion joints shall be placed along the edge of the easement. 2. if approved, applicant shall obtain an appraisal and Title Con-rmitnnent for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. All of the required items have been submitted. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Expansion joints shall be placed along the edge of the easement. May 17, 2021 Ms. Kaylee Hurych Development Coordinator Vaquero Ventures 2900 Wingate Street, Suite 200 Fort Worth, TX 76107 Re: Appraisal of Real Property Abandonment and Sale of a 20' Alley Shannon Avenue Beaumont, Texas 77705 BBG File #0121007450 Client File #N/A Dear Ms. Hurych: In accordance with your authorization (per the engagement letter found in the addenda of this report), we have prepared an Appraisal of the above -referenced property. As of the date of our inspection, the subject consists of a 4,503 square foot, 0.1034-acre alley which will be abandoned and sold by the City of Beaumont. The alley is part of a 65,906 square foot parent tract. The parent tract is located on a generally irregular shaped site at the southwest corner of S Martin Luther King Parkway and Shannon Avenue in Beaumont, TX. The parent tract contains several single-family residential buildings, metal garages, and sheds. Based on the purchase and sale contract, the improvements will be demolished. Therefore, the sale parcel is appraised as effectively vacant land. This appraisal report was prepared to conform with the requirements of the uniform Standards of Professional Appraisal Practice (USPAP). This report has been written In accordance with the Code of Ethics and the Standards of Professional Practice of the Appraisal Institute, In addition, this report is intended to be in compliance with additional requirements of Vaquero Ventures (client). This report is intended for use only by Vaquero Ventures and the City of Beaumont, for a secured credit transaction, No other party may rely upon the findings in this report. Note: Our estimate of market value is subject to the following Extraordinary Assumptions and/or Hypothetical Conditions: The values presented within this appraisal report are subject to the extraordinary assumptions and hypothetical conditions listed below. Pursuant to the requirement within Uniform Standards of Professional Appraisal Practice Standards Rule 2-2(a)(x€), It is stated here that the use of any extraordinary assumptions might have affected the assignment results. ExtraordinaryAssumption(s) This appraisal employs no extraordinary assumptions. Hypothetical Conditlon(s) This appraisal employs no hypothetical conditions. HOU5TON P + 713.942.8980 4615 SOUTHWEST FREEWAY + STE 400 HOUSTON, TX 77027 88GRES.COM VALUATION + ADVISORY + ASSESSMENT + ZONING TB V G Ms. Hurych May 17, 2021 Page 2 Based on our inspection of the property and the investigation and the analysis undertaken, we have concluded the following value opinion(s). Fair Market Value -As Is Fee Simple May 13,2021 $15,761 This letter must remain attached to the report, which should be transmitted in its entirety, in order for the value opinion set forth to be considered valid. Our firm appreciates the opportunity to have performed this appraisal assignment on your behalf. If we may be of further service, please contact us. Sincerely, BBG, Inc. Jack W. Bass Ii, MAI Senior Managing Director- Healthcare TX Certified General Appraiser License 9:1326152G 713-335-9634 jbass@bbgres.com Jerel W. Bass TXCertified General Appraiser License #: 1381020 G 281-610-2800 Jwbass@bbgres.com ABANDONMENTAND SALE OF A 20' ALLEY APPRAISAL b a TITLE AND LIEN REPORT DATE: June 2, 2021 FOR: Vaquero 2900 Wingate Street, Suite 200 Fort Worth, Texas 76107 Attn: Stephanie Flechter Reid sreid @vaqLlCrOventures.com GF NO: 30099-MM Texas Regional Title has searched the Official Public Records of the County Clerk of Jefferson County, Texas, for the time period, through 5-20-2021, 8:00 a.rn., as to the following described real property, and find nothing further on the below described property and record owners thereof except as follows: PROPERTY DESCRIPTION: Alleyway located in Block Number One (1) of SOUTH END ADDITION, to the City of Beaumont, Jefferson County, Texas, as the same appears upon the map or plat thereof on file and of record in Vol. 3, Page 99 Map Records of Jefferson County, Texas. RECORD OWNER: City of Beaumont, Texas, for the public use and benefit, as dedicated on the Map of South End Addition recorded in Vol. 3, Page 99 Map Records of Jefferson County, Texas. LIENS: None of record. TEXAS REGIONAL TITLE 7675 Folsom Drive, Building 100, Beaumont, Texas 77706 Phone: 409.861.7300 Fax 409.8611373 MISCELLANEOUS; 1, As to Bankruptcies, this Report is limited to filings of record in the United States Banlauptcy Court for the Eastern District of Texas (Beaumont Division), 2. As to Uniform Commercial Code filings, this Report includes a search of the Real Property Records of Jefferson County, Texas, only, and specifically excludes all other Uniform Commercial Code filing venues. 3. Texas Regional Title disclaims any warranties, expressed or implied, concerning this Report, Texas Regional Title's liability for errors and/or omissions in this Report shall be limited to the amount paid for this Report. By accepting this Report, the requesting party agrees that the disclaimer of warranties and liability limitation contained in this paragraph is a material part of its agreement with Texas Regional Title and shall cover all claims and actions, whether arising hereunder by contract, statute, or common law. TEXAS REGIONAL TITLE, LLC gnatoi�-� ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 230' X 20' PORTION OF AN ALLEY EXCLUDING AN EXISTING SEWER LINE EASEMENT IN BLOCK 1 OF THE SOUTH END ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Grant Keller, on behalf of Vaquero Ventures, has applied for the abandonment of a 230' X 20' portion of an alley excluding an existing sewer line easement to be reserved and retained in Block 1 of the South End Addition, being a 230' X 20' portion of an alley located in Block 1 of South End Addition, Beaumont, Jefferson County, Texas, containing 0.10 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the alley is no longer necessary for municipal street purposes, with the exception of the retention of a sewer line easement, and the abandonment of said alley is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED 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 230' X 20' portion of an alley excluding an existing sewer line easement to be reserved and retained in Block 1 of the South End Addition, being a 230' x 20' portion of an alley located in Block 1 of South End Addition, Beaumont, Jefferson County, Texas, containing 0.10 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. The meeting at which this ordinance 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 15th day of June, 2021. - Mayor Becky Ames BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Abandonment Tag Name: Alley Abandonment & Sewer Case #: PZ2021-86 Abandonment Location: 3166 HIGHLAND AVE, BEAUMONT, 77705 Initiated On: 3122/2021 1:41:51PM Individuals Fisted on the record: Applicant Grant Keller 2900 Wingate St Fort Worth, TX 76107 Propedy Owner Thomas Eugene Butts 797 CR 784 Buna, TX 76612 Flood zones Construction Type Occupancy Type Fire District Notes: Case Type: Planning and zoning Case A: PZ2021-86 Home Phone: Work Phone: Celt Phone: 5023146596 E-Mail: gkeller@vaqueroventures.com Home Phone: Work Phone: Cell Phone: E-Mail: chelynbutts@aurrently.com Page 1 of 1 Printed On: 5/5/2021 EXHIBIT "A" Grant Keller Vaquero Ventures 2900 Wingate Street, Suite 200 Fort Worth, TX 76107 3/17/2021 Beaumont, TX Planning & Zoning, My name is Grant Keller, we are proposing an alley abandonment & sewer reroute for a portion of an alley between the following properties: 3165 & 3185 Highland Ave, 3132, 3144, 3154 Shannon Ave, and property l0 #: 103136 for our new commercial project. Vaquero would be the ones responsible to divert the sewer line into the right of way on Highland Ave. We are looking to bring a Starbucks to Beaumont, TX and believe that this is a great location. It will bring a new retail store and will replace the existing buildings that are on the property. Our use serve coffee, brewed beverages, and a variety of various food items that range from baked goods, snacks, and sandwiches. The Hours of Operation for a Starbucks are: Monday —Saturday; S AM —10 PM Sunday: 6 AM --10 PM The typical Starbucks employees 15-25 people with 5-8 staff members at one time. These are the genera[ number of employees but these numbers can differ by location. Sincerely, Grant Keller Cell: 502-314-6596 Fax: 817-984.8973 Email: gkeller@vagueroventures.com i •rC.�a[a nI[i uttlb91�10lr�fll■ � VtldV91 IF It I dyttH1H1ar u"lid s+,l,rt: rr' F= 0 f�TI Srsz FiE im s( l �� Y r r.l .� GY �OV ',;'�..','� •y nSs1A-`still\_A��,s1,GriroSlf:�)} ... � � , 411 • k�ys�.6 it fit .lY1�y� ON ' 5 s •� i i Is �33 J 1 a � `• f91 111 �s �t ��t.gz ex^ !fill ac t �Ae S�t� ���d�` �ss��i� - ��e�t 43�eti� '`io¢���°r{¢• `�i �r��,y t4�ik �p.�P' u$� �p5a���! FaF'Yr� se[°BRC9i gg�8i } _ HAI Ufa i- €sti s Ne �jYKs a3RB� c� 4a c,� e } z Ci tlftlt 3 t5 S l! rr `• it Y R Y�i fit i. &°ft'iµEi No Text Y ygyyqpo p2 p9r ®ay , � 3 ji€I�y`a a St;iE 3iEa; I iIS:� py Syr JP g-<q€jj}ppp���itl„ fiR pp 3q 9y98 a�u°rSye o a yr Ell0�?Iblfifill .}0189 YgOOBR flq®�IR[]ggVBpJ N 40o S i E Ell R It 31 I 1 I I V HUM i HE a � F H l iUl �• ��?� qry �� a � 'gI6 @ € ! �rg pg y Kim Z2021-86: Request to abandon► a portion of an alley. Applicant: Grant Keller of Vaquero Ventures Location: Between 315413132 Shannon and 3165/3185 Highland Avenues. 0 50 100 Feet 22 June 15, 2021 Consider a request for a Specific Use Permit and a Rezone from RS (Residential Single -Family Dwelling) and NC (Neighborhood Commercial) to GC-MD-2 (General Commercial -- Multiple - Family — 2) District to allow for a coffee shop located at 3154 Shannon Avenue TEXAS TO: City Council FROM: Kyle Hayes, City Manager C> r5 PREPARED BY: Chris Boone, Planning & Conunu pity Development Director MEETING DATE: .Tune 15, 2021 REQUESTED ACTION: Council consider a request for a Specific Use Permit and a Rezone from. RS (Residential Single -Family Dwelling) and NC (Neighborhood Commercial) to GC-MD-2 (General Commercial -- Multiple-Family — 2) District to allow for a coffee shop located at 3154 Shannon Avenue. BACKGROUND Grant Keller of Vaquero Ventures is requesting a rezoning and Specific Use Permit to allow a coffee shop at 3154 Shannon Avenue. The proposed coffee shop would be located just south of the existing Sonic, just south of Washington on Martin Luther King Parkway. The greatest obstacle for this request will be an existing sewer line, located in the alleyway across the middle of the property. A request has been submitted (granted?) to abandon the alleyway and reroute the sewer line. City Engineering and Water Utilities are in discussion with the applicant regarding this sewer line. Although the majority of the property is currently zoned RS (Residential Single -Family Dwelling), it is located adjacent to GC -MD (General Commercial — Multiple -Family Dwelling) zoning, commercial uses, and partially fronts on Martin Luther King Parkway, a major arterial. GC-MD-2 (General Commercial — Multiple -Family Dwelling -- 2) zoning provides a buffer between the remaining residential zoning to the south and the commercial properties to the north as a Specific Use is required and will need approval by City Council. Landscaping will be required per City of Beaumont Ordinance. Specifically, an eight (8) foot tall wood or masonry fence with a ten (10) foot wide landscaped buffer would be required along the south property line. A six (6) foot wide landscaped strip containing shrubs would need to be installed along Martin Luther King Parkway, part of Shannon Avenue and to either side of the driveway on Highland Avenue to buffer parking areas from adjacent streets and two (2) landscaped islands would be required in the proposed parking areas. In addition, a five (5) foot sidewalk will need to be installed for the width of the property along all three (3) streets. At a Joint Public Hearing held on May 17, 2021, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit and a Rezone from RS (Residential Single -Family Dwelling) and NC (Neighborhood Commercial) to GC-MD-2 (General Commercial — Multiple -Family — 2) District to allow for a coffee shop with the following conditions: 1. Approval is subject to an agreement between the applicant, City Engineering and Water Utilities regarding the alleyway/sewer litre. 2. Landscaping to be installed as per City Ordinance. 3. Sidewalks be installed and maintained along all three (3) street frontages. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Approval is subject to an agreement between the applicant, City Engineering and Water Utilities regarding the alleyway/sewer line. 2. Landscaping to be installed as per City Ordinance. 3. Sidewalks be installed and maintained along all three (3) street frontages. BEAUMONT Planning & Community Development Case Type. -Planning and Zoning Case Status: REVIEW Case Sub Type: Specific UsetRezone Tag Nance: Rezone & SUP Application Case #: PZ2021-75 Initiated On: 3/17/2021 3:23:10PM Location: 3154 SHANNON AVE, BEAUMONT, 77705 Individuals listed on the record: AppJfcant Grant Keller 2900 Wingate St Fort Worth, TX 76107 Prp,grty Owner Thomas Eugene Butts 794 CR 784 Buna, TX 77612 Legal Description: Home Phone: Work Phone: Cell Phone: 5023146596 E-Mail: gkeller@vaqueroventures.corn Home Phone: Work Phone: Cell Phone: E-Mail: chelynbutts@curreiitiy.com Lots 1-4 & 19-22 less the northeast corner, Block 1, South End Addition, Beaumont, Texas Number of Acres: 1.18 Proposed Use: Coffee Shop W/ Drive Thru Grant Keller Vaquero Ventures 2900 Wingate Street, Suite 200 Fort Worth, TX 76107 3/17/2021 Beaumont, TX Planning & Zoning, My name is Grant Keller, we are proposing a rezone to GC-MD-2 and an SUP at 3165 & 3185 Highland Ave, 3132, 3144, 3154 Shannon Ave, and property ID #: 103136 for our new commercial project. We are looking to bring a Starbucks to Beaumont, TX and believe that this is a great location. It will bring a new retail store and will replace the existing buildings that are on the property. Our use serve coffee, brewed beverages, and a variety of various food items that range from baked goods, snacks, and sandwiches. The Flours of Operation for a Starbucks are: - Monday — Saturday: 5 AM —10 PM - Sunday: 6 AM —10 PM The typical Starbucks employees 15-25 people with 5-8 staff members at one time. These are the general number of employees but these numbers can differ by location. Sincerely, Grant Keller Cell: 502-314-6596 Fax: 817-984-8973 Email; gkeller@vactueroventures.com EIGHT CONDITIONS That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity I believe our project will increase the value of the surrounding properties That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; No, it will not impede the surrounding vacant property. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided Yes, we have the necessary utilities for our sites capacity. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic We will/are working with the city & TXDOT to meet their design standards. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration our site's use has zero to minimal odors, fumes, noise, etc. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties We plan on getting a photometric plan done to ensure that we minimize the light pollution of the site. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property We are going to -Follow the standard landscaping ordinances that the City of Beaumont has in place. That the proposed use is in accordance with the Comprehensive Plan Yes a a � SSS S a b y _� a; 8.4 �6 6 a- •p. aRE 3hS 31 sB.j`3pBA+ U190 p� � �� ''g• 3� i?9� 9 Bi §� dS 3 P�Rii3 a y$i sn 5# 3 z Fag. 111 p R a 1 11 iS t It i ggg94ggg'� g$g . 511 � 1 7 1 4 r— ki, ;fIf,11 h O ry� o Nay "�mq Aga 1U tj „ 1,Er 6;t w "sue J s F gg��A _ai � 5 9 ; s a i AEI 1' ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING, DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AND NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY-2) DISTRICT FOR PROPERTY LOCATED AT 3154 SHANNON AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District and NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial -Multiple Family-2) District for property located at 3154 Shannon Avenue, being Lots 1-4 & 19-22 less the northeast corner, Block 1, South End Addition, Beaumont, Jefferson County, Texas, containing 1.18 acres, more or less, as shown on Exhibit 'A" attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2, That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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. The meeting at which this ordinance 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 15th day of June, 2021. - Mayor Becky Ames - Z2021-75: Request for a Specific Use Permit and. a Rezone from RS (Residential Single -Family Dwelling) and NC (Neighborhood Commercial) to GC-MD-2 (General Commercial -- Multiple - Family — 2) District to allow for a coffee shop. Applicant: Grant Keller of Vaquero Ventures Location: 31.54Shannon Avenue o 1oo ton I „.,..,... I Feet EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COFFEE SHOP IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY-2) DISTRICT FOR PROPERTY LOCATED AT 3154 SHANNON AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Grant Keller, on behalf of Vaquero Ventures, has applied for a specific use permit to allow a coffee shop in a GC-MD-2 (General Commercial - Multiple Family-2) District for property located at 3154 Shannon Avenue, being Lots 1-4 & 19-22 less the northeast corner, Block 1, South End Addition, Beaumont, Jefferson County, Texas, containing 1.18 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a coffee shop in an GC-MD-2 (General Commercial -Multiple Family-2) District for property located at 3154 Shannon Avenue, subject to the following conditions; • Approval is subject to an agreement between the applicant, City Engineering and Water Utilities regarding the alleyway/sewer line; • Landscaping to be installed as per City Ordinance; • Sidewalks be installed and maintained along all three (3) street frontages; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a coffee shop is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1, That a specific use permit to allow a coffee shop in an GC-MD-2 (General Commercial -Multiple Family-2) District for property located at 3154 Shannon Avenue, being Lots 1-4 & 19-22 less the northeast corner, Block 1, South End Addition, Beaumont, Jefferson County, Texas, containing 1.18 acres, more or less, as shown on Exhibit "A," is hereby granted to Vaquero Ventures, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions; • Approval is subject to an agreement between the applicant, City Engineering and Water Utilities regarding the alleyway/sewer line; • Landscaping to be installed as per City Ordinance; • Sidewalks be installed and maintained along all three (3) street frontages. Section 2, That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance 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 15th day of June, 2021. - Mayor Becky Ames - Z2021-75: Request fora Specific Use Permit and a Rezone from RS (Residential Single-family 'welling) and NC (Neighborhood Commercial) to GC-MD-2 (General Commercial -- Multiple- Iamily — 2) District to allow for a coffee shop. pplicant: Grant Keller of Vaquero Ventures ocation: 3154 Shannon Avenue 100 200 I Feet EXHIBIT "A" [- V A 5 � c., z Z d }� C SHANNON AVENUE rn 411 J EXHIBIT "B"