The URL can be used to link to this page

Home My WebLink AboutPR13013:MEDICAL CENTER SIGNinteroffice MEMORANDUM To: Mayor, City Council, City Manager From: Mark T. Sokolow, City Attorney ~ ~ Date: February 25, 2005 Subject: P. R. No. 13013; Council Meeting of March 1, 2005 Attached is P. R. No. 13013 authorizing the City Manager to execute a License to Use Agreement between the City of Port Arthur and The Medical Center of Southeast Texas, LP for the installation of a sign at the entrance to Medical Center Boulevard. The City Council has already approved Resolution No.'s 04-150 and 04-285 granting a license to use to IASIS. IASIS has requested an additional License to Use Agreement as it pertains to Highway 365. I have made the effective date of the agreement March 1, 2005. We are still waiting for IASIS to provide the legal descripslon of nhe area uhat they plan 5o use. MTS/ts Attachment CC: VIA FACSI~TL~ (615) 846-3006 Joey Abney, V~ce ~residen5 Design and ~ons rucslon IASIS Healthcare Corporation VIA FACSIMILE (409) 983-6152 ?. Craig Desmond Chief Executive Officer IASIS Healthcare Corporation VIA FACSIMILE (615) 467-1271 Randy Bruce IASIS Healthcare Corporation VIA FACST~TLE (409) 983-6152, Jennifer Nguyen IASIS Healthcare Corporation z.pr13013,memo P. R. No. 13013 02/23/05 ts RESOLUTION NO. - A RESOLUTION PERTAINING TO THE LICENSE TO USE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND IASIS HEALTHCARE CORPORATION AND/OR THE MEDICAL CENTER OF SOUTHEAST TEXAS, LP FOR THE INSTALLATION OF A SIGN AT THE ENTRANCE TO MEDICAL CENTER BOULEVARD WHEREAS, IASIS is requesting a License to Use Agreement as it pertains to the installation of a sign at the entrance to Medical Center Boulevard. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That .the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute a License to Use Agreement with The Medical Center of Southeast Texas, LP in substantially the same form as attached hereto as Exhibit ~A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this __ day of , A.D., 2005, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers z.prl3013 NOES: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER MAYOR z.prl3013 EXHIBIT "A" LICENSE TO USE Effective Date: March 1, 2005 Grantor: City of Port Arthur, Texas, a municipal corporasion Grantors Mailing Address (including County): P. O. Box 1089 Port Arthur, Texas 77~40 Jefferson County, Texas Grantee: THE MEDICAL CENTER OF SOUTHEAST TEXAS, A DELAWARE LIMITED PARTNERSHIP LP Grantee's Mailing Address (including County): 2555 Jimmy Johnson Boulevard Port Arthur, Texas 77640 Jefferson County, Texas Consideration: Three Hundred Dollars and No/100 ($300) per month to be paid to the City of Port Arthur on the first (1st) day of each month and other good and valuable consideration, which includes the performance by IASIS Healthcare Corporation of its obligations under its Incentive Agreement with the City of Port Arthur Section 4A Economic Development Corporation and the City of Port Arthur that was approved by Resolution No. 03-114. Property (including any iz~provements): That portion of the right-of-way as shown in Exhibit "A". Reservations from and exceptions to conveyance and warranty: That such License to Use is subject to all restrictions, covenants, conditions, easements, rights-of-way and prescriptive rights whether recorded or not, and all recorded reservations if any and zoning and other laws affecting the property. That The Medical Center of Southeast Texas, LP shall only use the property described hereto in Exhibit "A" for a sign for the hospital that was promoted by the City of Port Arthur and the City of Port Arthur Section 4A Economic Development Corporation Incentive Agreement approved by Resolution No. 03-114. That the City of Port Arthur retains the right to use the property for all public utility, roads and storm drainage purposes, it being hereby intended that all other rights and uses shall be subordinate to such rights of the City for public purposes. That The Medical Center of Southeast Texas, LP shall maintain liability insurance for the sign in a minimum amount of $500,000, with the City being listed as an additional insured. That The Medical Center of Southeast Texas, LP shall hold the City of Port Arthur harmless and indemnify the City for any acts, omissions or causes of actions pertaining to The Medical Center of Southeast Texas, LP's use of the property in Exhibit That The Medical Center of Southeast Texas, LP shall have the final specifications for design and construction of the sign approved by the Director of Public Works so that it does not interfere with the road or with existing or prospective utilities or pose a material obstacle, distraction or hindrance to the traffic. That The Medical Center of Southeast Texas, LP shall maintain the landscaping on the land described in Exhibit "A". That said License to Use shall automatically terminate upon sixty (60) days written notice that The Medical Center of Southeast Texas has failed to maintain the property or if IASIS fails to perform under its Agreement, as approved by Resolution No. 03-114. That said License to Use shall be for a period of twenty (20) years. That Grantee may terminate this License to Use Agreement without cause by giving Grantor at least sixty (60) days prior written notice. Grantor: for the consideration and subject to the reservations from and exceptions delineated herein, transfers to Grantee a License to Use, the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee. SIGNED AND ;%GREED TO on 5his ~he 2005. GRANTOR: day of CITY OF PORT ARTHUR Stephen Fitzgibbons, City Manage~ ACKNOWLEDGMENT THE STATE OF TEXAS § cOUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, personally appeared me ~o be the person on 5his day Stephen Fitzgibbons, City Manager, known to whose name is subscribed to the foregoing lnstrumens, and acknowledged to me 5hat he execuLed the same as the ac5 and deed of the City of Port Arthur, Texas, for the purposes and considerations therein expressed· and the capacisies 5herein ssased. of GIVEN UNDER MY HAND AND SEAL OF OFFICE, this uhe __ · 2005. day Notary Public, State of Texas SIGNED AND AGREED TO on this the __ day of A.D., 2005. THE MEDICAL CENTER OF SOUTHEAST TEXAS, LP BY: AC~/~OWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, THE UNDERSIGNED Notary Public, on this day , a representative of The personally appeared Medical Center of Southeast Texas, LP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of The Medical Center of Southeast Texas, L?, for the purposes and considerations ~herein expressed, and the capacities therein s~ased. of GIVEN UNDER MY HAND AND SEAL OF OFFICE, 5his the , 2005. day Notary Public, State of Texas APPROVED AS TO FORM: City Attorney ATTEST: City Secretary Original to Grantor: Copy to Grantee: City of Port Arthur 444 4t~ Snreen Porn Arthur, TX 77640 The Medical Cenner of Southeasn Texas, 2555 Jimmy Johnson Boulevard Por% Arthur, Texas 77640 LP EXHIBIT "A" to the License to Use Agreement Legal description of the area ~o be provided by IASIS