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Home My WebLink AboutRES 24-209RESOLUTION NO. 24-209 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Beaumont Emergency Hospital would like to implement a beautification project on the southeast side of their facility; and, WHEREAS, the project will consist of building a 2' 4" wall following the sidewalk on the southeast side of the hospital as well as burying the electrical conduit feeding the large sign on the same corner of the hospital; and, WHEREAS, TxDOT is in agreement with the project and after consideration determined the best path forward is to utilize a Landscape Maintenance Agreement with the City of Beaumont; and, WHEREAS, before executing the agreement, TxDOT is requesting that the City of Beaumont enter into an agreement with Beaumont Emergency Hospital outlining the conditions; and, WHEREAS, Beaumont Emergency Hospital will be responsible for the installation of the project, keeping the corner of College Street and IH-10 clean and removing the wall should TxDOT request them to do; 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 Beaumont Emergency Hospital is responsible for the installation of the project, keeping the corner of College Street and IH-10 clean and removing the wall should TxDOT request them to do; and, THAT the City Manager be and he is hereby authorized to sign a Beautification Project Agreement with Beaumont Elite Emergency Center, LLC, 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 3rd day of September, 2024, BEAUTIFICATION PROJECT AGREEMENT BETWEEN: CITY OF BEAUMONT, TEXAS BEAUMONT EMERGENCY HOSPITAL This Interiocal Agreement ("the Agreement") is entered into by and between the City of Beaumont., ("City"), and the Beaumont Elite Emergency Center, LLC dlbla. Beaumont Emergency Hospital, ("BEH") (collectively referred to herein as the "Parties"), WHEREAS, the City desires to improve the overall appearance of the City, and; WHEREAS, BEH shares the City's desire and has agreed to install a Beautification Project, hereinafter the "Project," NOW THEREFORE the parties agree as follows: Article I: Purpose of the Agreement The purpose of this Agreement is to provide the terms and conditions of the Proj ect. Article II: Terris of the Agreement This Agreement will be in effect for the life and duration of the Proj ect. In the event the Proj ect is damaged or destroyed and BEH determines it will not be repaired or replaced BEH will notify the City in writing within fifteen (15) business days. Unless otherwise stated herein, any notice under this Agrecment shall be in writing and directed to the following individuals: To City: City of Beaumont Bart Bartkowiak 801 Main Street; Ste 200 Beaumont, Texas 77701 Bart.bartkowiakQbeaumonttexas,goy To BEH: Bcaumont Elite Emergency Center, LLC James P. Fraizer, III 4004 College Street Beaumont, Texas 77707 butclifraizer r beaunionteh.com Page I I Article III: Obligation of BEH 1. Construct a two (2) feet four (4) inch wall that will follow the sidewalk on the Southeast side of the BEH property located at 4004 College Street, Beaumont, Texas 77707 following all applicable building codes and permit requirements of the City. 2. BEH shall maintain and cover the expenses for all utilities associated with the Project. 3. Ensure that the corner of College and I-10 Expressway is clean and free from trash and obstruction. 4. BEH will remove the Project at their expense at the request of TxDOT. Article IV: Indeninity To the extent permitted by Texas law, the parties agree to hold harmless one another and to not be liable to the other party for any claims, causes of action, suits, and damages, including but not limited to, lost profits, special, incidental, consequential or punitive damages, whether in tort, for breach of contract, breach of warranties, express or implied, or otherwise. Neither Party warrants that any duties and obligations performed hereunder will be without defect or interruption. The Parties agree to work cooperatively and to use their best efforts to execute the Project. Article V: Venue & Applicable Lary The parties agree that the venue in any legal action brought according to this agreement shall lie in Jefferson County, Texas. The validity of this agreement and its terms and provisions, as well as the rights and duties of the parties, shall be governed by the law of the State of Texas. Article VI: Merger & Severability This Agreement constitutes the entire agreement between the Parties concerning the Project. This Agreement supersedes any prior understanding or agreements, whether written or oral, between the Parties concerning the subject matter of this Agreement. No amendment, modification, or alteration of the terms of this Agreement will be binding on either Party unless the same is in writing, dated after the date of this document, and is duly executed by an authorized person acting for the Party against whom enforcement is sought. Should any clause become unenforceable due to illegality, it shall be stricken and the remainder of the Agreement enforceable. VII: Termination It is understood and agreed between the Parties hereto that should either party fail to fulfill its obligations as herein outlined property, the other party may terminate this Agreement upon thirty (30) days written notice. Additionally, this Agreement may be terminated by mutual agreement and consent of both Parties. Should the City terminate this Agreement, as prescribed above, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. Pagc 1 2 Article VIR: Intended Patties and Authox•ity There shall be no third -party beneficiaries with any rights whatsoever as to either party under this Agreement. Both Parties acknowledge they have the legal authority to enter into this Agreement and commit to the terms herein, and the Parties hereby agree to be bound by such terms. This Agreement is effective on the date of the last signature obtained below. AGREED: City of Beaumont LM Date: SUBSCRIBED AND SWORN TO BEFORE ME on this the day of, to certify which witness my hand and official seal. AGREED: BEH : Date: 2024, Notary Public in and for the State of Texas SUBSCRIBED AND SWORN TO BEFORE ME on this the day of, 2024, to certify which witness my hared and official seal. Notary Public in and for the State of Texas Page (3 a P /cj 0 E� V a N 4 N } a - II CFP 6 R6, W 114R 1 W 1.4 WMB .J 4' O'Ai mo BOTH SIDES �" T I �F55 0IB' Cris- f IyyI ijWO1 CELL OF CUU SOW 11 N I Rep 8, E wu/yw�am d I `FAIRO OPEN I as ISO II u rnsr. sE,iwrllc s^ pANrED PLUsl R IIi9 �"I ^+`t 2 scxi E✓c�sr I i FAOP. - SR^ % 14, CClIG BF/JE - pE1W W/2 II o 0 16, l ptsnaNllPi i 0 S^ CIAS MAX ,wwaue } II . f2' z OJ I I IS LIVID 12` I To wxc. BEFu PACT, TIVE IF E ttm OUR TITS 5H1. I a C3 � Ev `41 o I 1 I m PFCs. If STRA'CHT SHIN - WWII. V Al DiSDpmyis ENDS AND I J.§ AT 6 CUS. 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