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HomeMy WebLinkAboutPR 15296: OUR LADY OF GUADALUPE AGRMT.Interoffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark Sokolow, City Attorney ~„~ ~~,,(,~, Date: May 29, 2009 Subject: P. R. No. 15296; Council Meeting June 2, 2009 Attached is P. R. No. 15296 authorizing the City Manager of the City of Port Arthur to execute a license-to- use agreement between the City of Port Arthur and Our Lady of Guadalupe Catholic Church pertaining to a portion of the dedicated right-of-way of Staff Sgt. Lucian Adams Drive adjacent to the Church at 3648 Staff Sgt. Lucian Adams Drive. MTS:gt Attachment z.pr15280_memo P. R. No. 15296 05/27/09 gt RESOLIITION NO. A RESOLIITION AIITHORIZING THE CITY MANAGER OF THE CITY OF PORT ARTHIIR TO EXECIITE A LICENSE- TO-IISE AGREEMENT BETWEEN THE CITY OF PORT ARTHIIR AND OIIR LADY OF GIIADALIIPE CATHOLIC CHIIRCH PERTAINING TO A PORTION OF THE DEDICATED RIGHT-OF-WAY OF STAFF SGT. LIICIAN ADAMS DRIVE ADJACENT TO THE CHIIRCH AT 3648 STAFF SGT. LIICIAN ADAMS DRIVE WHEREAS, per Resolution No. 07-152 the License-to-Use Agreement between the City of Port Arthur and Our Lady of Guadalupe Church expired on May 1, 2008; and WHEREAS, our Lady of Guadalupe Church and the City wish to enter into a new license-to-use agreement between the City and Our Lady of Guadalupe Church as delineated in Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Sectioa 2. That the City Council deems it in the best interest of the City of Port Arthur to authorize the City Manager to execute the license-to-use agreement between Our Lady of Guadalupe Church and the city as delineated in Exhibit "A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. z.pr15296 READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: / ~'"~ l CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER _: z.pr15296 EXHIBIT "A" LICENSE-TO-USE AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON This Agreement made this 1St day of July, 2009, by and between the City of Port Arthur ("The City"), a municipal corporation existing under the laws of the State of Texas, and Our Lady of Guadalupe Catholic Church. RECITALS WHEREAS, for and in consideration of the sum of One- Thousand, One Hundred Sixteen and no/100 ($1,116) Dollars to it in hand paid by Our Lady of Guadalupe Catholic Church ("the Church") acting by and through Reverend T. R. Blanco, O.S.A., Pastor, as well as other good and valuable consideration, receipt of which is hereby acknowledged and confessed, the City hereby grants unto the Church a right, privilege and license; and, WHEREAS, Our Lady of Guadalupe Catholic Church owns property abutting the dedicated right-of-way of Staff Sgt. Lucian Adams Drive west of 9th Avenue; and, WHEREAS, the Church desires to use a portion of the adjoining right-of-way of Adams Drive for parking purposes for the Church on a temporary basis; and, WHEREAS, the City has no objection to said use of public right-of-way of Adams Drive subject to the conditions contained herein. NOW, THEREFORE, in consideration of this Agreement and the benefits to the parties hereof, the parties agree as follows: 1. The Church shall be allowed to use the portion of the public right-of-way of Adams Drive between the Church's property line and the edge of roadway along the frontage of the Church's property, said tract being approximately 620 feet long and 40 feet wide as shown in Exhibit "A" attached hereto and made a part hereof. 2. The use of said right-of-way by the Church shall be restricted to parking for the Church's own needs, and the z.license to use agreement Church shall not prohibit the use of the right-of-way for its intended purposes. 3. The Church and the City agree that the use of said right- of-way by the Church is temporary, and that the City may require the parking facility and culverts to be removed for just cause (i.e. the need by the city to use this property for a public or municipal purpose) and at the sole expense of the Church. 4. The Church agrees to make one (1) payment of $1 116 to the City upon issuance of the License. 5. This License shall continue in full force and effect for a period of five (5) years, or until terminated during this term by the City for just cause, giving 90-days written notice to the Church. The Church may also terminate this Agreement giving 90-days notice to the City. The Church, if it terminates this agreement, will not receive a reimbursement of the permit fee paid. 6. This License is renewable after the initial five year term for successive one (1) year terms upon the recommendation of the Planning Director and Director of Public Works that there are no forthcoming street improvement projects that require the use of the right- of-way covered by this License. The License can be terminated by the City for just cause, giving 90-days written notice to the Church. The fee for the additional one-year Licenses shall be determined by the City. 7. If the License is terminated within the term of the License, the unused pro-rata share of the License payment will be returned to the Church. 8. Rights herein granted to the Church are not assignable without the City's written consent, and provisions herein shall be binding upon successors and assigns of both parties. In consideration of the privileges herein granted, the Church agrees to indemnify and hold harmless the City from any and all personal injuries to or death of persons, including all necessary costs and expenses to the City relating to such claims, suits or demands caused by, resulting from or arising from the construction, maintenance, operation, repair or z.license to use agreement location of the parking lot except for negligent acts of the City. SIGNED AND AGREED TO on this the day of 2009. CITY OF PORT ARTHUR BY: City Manager 2009. SIGNED AND AGREED TO on this the day of OUR LADY OF GUADALUPE CATHOLIC CHURCH By Name Title APPROVED IN FORM: City Attorney z.license to use agreement D D ~ m z m o i u ~ i ~ N ~ ~ z . o +'' r. b ~ o a `~` z ° b O b 0 ad ~d ~ CrJ A x z ~' H~ O n fTl Z G7 m O ~_ -~ Z ~ ~ ~ ~ ~ ~ ~ ~ ~ Z" -~-~ rn .~ z C --i ~ _1 60th ST. o ENTERGY S. SGT. LUCIAN ADAMS DR.