HomeMy WebLinkAboutRES 24-247RESOLUTION NO. 24-247
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Landscape
Maintenance Agreement between the City of Beaumont and TxDOT for the Beaumont
Emergency Hospital beautification project located at 4004 College Street. The Landscape
Maintenance 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
October, 2024,
IvIdym 1-,uy W USL -
THE STATE OF TEXAS
THE COUNTY OF TRAVIiS
This AGREEMENT made this day of , 20 , by and
between the Texas Department of Transportation, hereinafter referred to as the
"State," and the City of Beaumont, Jefferson County, Texas, acting by and
through its duly authorized officers, hereinafter called the "City".
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive
dominion, control, and jurisdiction over and under the public streets within its
corporate limits and authorizes the City to enter into agreements with the State to
fix responsibilities for maintenance, control, supervision, and regulation of State
highways within and through its corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the
State, at its discretion, to enter into agreements with cities to fix responsibilities for
maintenance, control, supervision, and regulation of State highways within and
through the corporate limits of such cities; and
WHEREAS, the State and the City have entered into a Municipal
Maintenance Agreement dated March 25, 2008 the provisions of which are
incorporated herein by reference, and wherein the City has agreed to retain all
functions and responsibilities for maintenance and operations which are not
specifically described as the responsibility of the department; and
WHEREAS, the State has n o existing and proposed landscape
improvements, such as, but not limited to, the installation of tree, shrub, and turf
plantings, irrigation systems, and other aesthetic elements for areas within the right
of way of state highway routes within the City as shown on Attachment "A"; and
WHEREAS, the City will provide such landscape improvements, provided
that the City agrees to be responsible for all required maintenance of the landscape
improvements.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectively kept
and performed, it is agreed as follows:
Contract Period
This Agreement becomes effective upon the date of final execution by the
State and shall remain in effect until terminated or modified as hereinafter provided.
Coverage
This agreement prescribes the responsibilities of the State and the City relating
to the maintenance and installation of the "Beautification Proiect" as shown in
Attachment °B" which is located on the corner of College and 1-10 Expressway non -
controlled access state highway, as defined in the Municipal Maintenance
Agreement. The maintenance and installation are further described in Attachment
A, the location map for this project.
Amendment
The parties agree that this agreement may be amended. Such amendments,
to be effective, must be in writing and signed by both parties.
State's Responsibilities
The State shall allow the landscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents.
City's Responsibilities
The City may install landscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents. Any installations shall be performed in
accordance with Texas Department of Transportation specifications and standards
and must be approved by the State in writing prior to any work being performed.
The City shall maintain all landscape elements within the limits of the right of
way including all median and island areas but excluding paved areas intended for
vehicular travel. Landscape maintenance shall include but not be limited to plant
maintenance, plant replacement, mowing and trimming, hardscape element
maintenance, and irrigation system operation and maintenance. The City will be
responsible for all utility costs associated with installing and maintaining landscape
elements. All landscape elements must be maintained in a functional and
aesthetically pleasing condition.
TERMINATION
It is understood and agreed between the parties hereto that should either party
fail to properly fulfill its obligations as herein outlined, the other party may terminate
this agreement upon thirty 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 here above, the City
shall restore the area back to pre-existing conditions or at the option of the State,
reimburse any reasonable costs incurred by the State.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of on the day of
, year , and the Texas Department of Transportation,
on the day of
ATTEST:
CITY OF
0-0
(Title of Signing Official)
, year
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission for the purpose and effect of
activating and/or carrying out the orders,
and the established policies or work
programs heretofore approved and
authorized by the Texas Transportation
Commission.
go
District Engineer
District
Attachment A
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BEAUTIFICATION PROJECT AGREEMENT BETIWEN:
CITY OF BEAUMONTT, TEN AS
BEAUMONT E11ERGENC:Y HOSPITAL
This Interlocal Agreement ("the Agreement") is entered into by and between the City of
Beaumont, ("City"), and the Beaumont Elite Emergency Center, LLC dfbla Beaumont
Emergency Hospital, ("BEH") (collectively referred to herein as the "Parties")_
IkMREAS, 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 ternrs and conditions of the
Project.
Article II: Terms of the Agreement
This Agreement will be in effect for the life and duration of the Project. In the. event the. Project is
damaged or destroyed and BEH detemllrines it winot be repaired or replaced BEH will notify the
City in writing within fifteen (1 S) business days_
Unless. otherwise stated herein, any notice turder this Agreement shall be in writing and directed
to the following individuals:
To City: City of Beaumont
Bart Bartkowiak
S01 Main Street; Ste 200
Beaumont, Texas 77701
Bart.Uartt:oiarialc(n3Ueatuitontte.vas,,goy
To BEH: Beaumont Elite Emergency Center, LLC
James P. Fraizer. III
4004 College Street
Beaunont, Texas 77707
butchfraizer,be.iuinonteh com
PpgeII
Article M. Obligation of BEH
1, Construct a two (2),feet fotur (4) inch wall that will foil v 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. shill maurtain acid cover the expenses for all utilities associated with the Project.
3. Ensure that the comer of Got ege and I-10 Expressway is clean and free front trash and
obstruction.
4. BEH-will reprove: the Project at their expense at the request of TxDOT.
Article IV: Indemnity
To the extent permitted by Texas late, the parties agree to hold harmless one another and to not
be liable to.the other patty for any claims, causes of action, sluts, and damages, including but not
limited to, lost profits, special, incidental, cdnseq uential or punitive'damages, whether fit tort, for
breach of contract, breach of warranties. express or implied, or otherwise. Neither Party warrants
that arty duties and obligations performed hereunder twill. be without defect or interruption. The
Parties agree to work cooperatively artd to usetheir best efforts to execute the Project,
Article V, Venue & Applicable Law
The parties agree that the venuein 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
«ell as the rights and duties of the parties; shall be governed by the late of the State of Texas.
Article 11. Meager & Sever��bilits
This Agreement constitutes the entire agreement behveen the Parties concerning the Project. This
Agreement supersedes any prior understanding or agreements, whether written or oral, between
the Pikities concerning the subject matter of this Agreement. No amendment, modification, or
Alteration of the terms of this. Agreement will be biuduig on either Party armless the some is in
writing, dated.after the date of this document, and is duly executed by an authorized person acting
for the i'arty ncaiwt whore enforcement is sought. Should any clause become unenforceable due
to illegality, it sliall be stricken and the remainder of the Agreement enforceable.
VII, Termination
It is understoodmid agreed between the Parties hereto that should either part} fail to fidfrll its
obligations as herein outlined properly, the other party may terminate this Agreement upon thirty
(30) days written nonce. Additionally, this Agreement may be terminated by imitutal agreement and
consent of both Partles.
Should the City terminate this Agreernent,,as prescril ed above., the City shall, at the option of the
State, reimburse any reasonable costs incurred by the State.
Page 12
Article VIM latendvil I',1rIivs uod Auglutrily
1111 a shall be. im ihlr'J•paliy I.f<. ieficiarles with any rights What511e4•nr us In cilhor p<lrty tut{le.r
this Ap;Lul;ietlL 1 ath I'ullies acknowledge they have 11w I19al atllhority to cltttr iWo this
Agivom.ont Kud commit to the tesins Ilevio, ;and the Parties hereby agroc to he Imund by such
tennis.
'I his A#gtccn1c111 is c:(1cOive on the dais of tllc last sigol kwo uhtiliuccl hcl(w.
AGftl1 w):
City or I1011n),nnt
fly:
C,
fif.
fiE.1135(.:IZI131?I.> tliVf) tiVl)IZN TO UP -PORE t+1fi on ibis the _ day
to certify which witness my hand and official send.
AGItF-,Ii1];
Notary Public in and for the State of" Texas
S4NOPA
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1D1J5taN111J5t'9""qPmy Comlfsen Exrires
Al llM RlBED AM) SWORN 'IT) JIFFORr ME oa III!,, lhv dt� aft �ffi4 r` .,2024,
to eertify whie.h Witness my hand and official se -ell.
I
.'iz r' CATINA C4
'1 Mr,Nntsy IRk 1JYI4M Notary Public in mid for ilia State. o fuxas
4'•';t:�rct.'`' !<.rF{rt�sHr�vemt�mtEt,,'�12T
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