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HomeMy WebLinkAboutPR 17391: ACCEPTANCE OF FACILITY AND ALL IMPROVEMENTS TO PROPERTY LOCATED AT 601 W. REVEREND DR. RANSOM HOWARD STREET P. R. No. 17391 12/03/2012 gt RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE FACILITY AND ALL IMPROVEMENTS TO CITY OWNED PROPERTY LOCATED AT 601 W. REVEREND DR. RANSOM HOWARD STREET, PORT ARTHUR, TEXAS, TO BE USED AS A DEVELOPMENT CENTER. WHEREAS, pursuant to Resolution No. 11 -452, the City entered into an agreement with Port Arthur for Positive Action ( "PAPA ") a 501 (c)(3) to authorize the construction and donation of a development center located on property owned by the City, as delineated in the Construction Authorization and Donation Agreement, attached hereto as Exhibit "A "; and WHEREAS, the subject property is located at 601 W Reverend Dr. Ransom Howard Street; and WHEREAS, the agreement stated that upon completion of the facility, PAPA desired to donate the completed facility, amenities, and improvements to the City; and WHEREAS, the facility is now substantially complete and it has met all of the required building codes, zoning requirements, inspections etc., as delineated in the Code of Ordinances of the City of Port Arthur (a certificate of substantial completion is attached hereto as Exhibit "B "); and WHEREAS, the City Council deems in the best interests of the citizens of Port Arthur to approve the donation and S.pr1791 acceptance of the building as an improvement to the property currently owned by the City, as delineated in the Donation Agreement from PAPA, attached hereto as Exhibit "C ". 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 Council authorizes the acceptance of the donation of the facility and all improvements located on City owned property located at 601 W Reverend Dr. Ransom Howard Street, in substantially the same form as attached hereto as Exhibit "C ", to be used as a Development Center, which will now be owned and maintained by the City of Port Arthur. Section 3. That the City Manager is authorized to execute the Certificate of Acceptance in substantially the same form as attached hereto as Exhibit "D ". Section 4. 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 December, A.D., 2012, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: S.pr1791 Mayor: Councilmembers: NOES: MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: Tc02 CITY ATTO Y APPROVED FOR ADMINISTRATION: CITY MANAGER S.pr1791 EXHIBIT "A" S.pr1791 CONSTRUCTION AUTHORIZATION AND DONATION AGREEMENT This Agreement is made by and between the City of Port Arthur, Texas ( "CITY "), a home rule municipality, and Port Arthur for Positive Action ( "PAPA "), a 501(C) (3) organization. RECITALS WHEREAS, the CITY is the owner of real property ( "Property") located at the intersectb on of Reverend Ransom Howard Street and Reverend Raymond Scott Avenue in Port Arthur, TeXas (legally described in attached Exhibit "A "); and WHEREAS, PAPA plans to build a Development Center on the West Side of Port Arthur (the "Facility") and has committed funds for the construction and arranged for architectural and engineering plans for said facility (an initial diagram attached hereto as Exhibit "B "); and WHEREAS, PAPA has agreed that the proposed facility will be constructed on the Property and believes that the location is in an area that will greatly serve the citizens of Port Arthur; and WHEREAS, PAPA will develop a budget for the total costs of construction and wilt be solely responsible for the completion of the facility in accord with the plans and specifications prepared and delivered by Bert Lamson Design, pursuant to the final construction agreement to be executed between PAPA and a prime contractor of its selection; and WHEREAS, upon completion of the facility, PAPA desires to donate to the City the completed facility, amenities, and any improvements made to the property by it, as set forth more fully below (the "Donation "); and WHEREAS, the City desires to accept such Development Center donation from PAPA, upon the condition that it meets all of the City's required building codes, zoning requirements, etc., as delineated in the Code of Ordinances of the City of Port Arthur, and subject to usage determination as hereinabove expressed; and WHEREAS, in order to facilitate the expeditious development of the Facility, the parties desire to outline their respective duties and responsibilities in this Agreement; and WHEREAS, the parties recognize that future agreements formalizing the terms set out in this Agreement will be determined by the Board of Directors of PAPA and the City Council of the dity of Port Arthur. s papa_ construction agreemenR 1 NOW THEREFORE, the parties desire to set forth the terms and conditions of the construction and donation of the Facility in this Agreement as hereby agree as follows: ARTICLE I DUTIES AND RESPONSIBILITIES 1.01. The City hereby authorizes PAPA to perform improvements to the City owned property described above. The improvements include the construction of a Facility, as shown in attached Exhibit `B ", as designed by Bert Lamson Design, including plans and specifications and as approved by the City of Port Arthur to meet its building code requirements. 1.02. The parties understand that no public funds will be utilized for the constructions of the Facility and that PAPA will maintain all financial responsibility for payment of construction costs as approved by Bert Lamson Design under its contract with PAPA, pursuant to the final contract between PAPA and the construction contractor. 1.03. During the construction phase, PAPA will require Bert Lamson Design to provide all relevant information requested by the City as to the progress of the project, the project scope, desi n, procurement process, and the subcontractors that will be utilized by the primary contractor selected by PAPA upon the approval of Bert Lamson Design. ARTICLE II INSURANCE REQUIREMENTS 2.1. With respect to any construction contract agreement entered into between PAPA and the selected contractor, PAPA will ascertain that the terms of said contract will include the appropriate requirements for the maintenance of workers compensation insurance coverage for benefit of the employees of the contractor and commercial general liability insurance on behalf of PAPA, with the City of Port Arthur named as an additional insured, with limits of no less than $500,000.00 combined single limit per occurrence and $1,000,000.00 aggregate for personal injuy, bodily injury, and property damage, together with any other form of insurance normally associated a construction contract as to the type of facilities envisioned by this Agreement. 2.2. Proof of said coverages will be provided to the City of Port Arthur no later than thirty (30) days prior to the commencement of any construction of the facility by submitting appropriate insurance certificate reflecting the foregoing coverages and identification of insured parties. ARTICLE III INDEMNIFICATION 3.1. Other than the insurance coverages identified under Article II hereof, PAPA does not provide any other form of indemnification for the benefit of the City of Port Arthur related to the construction of the improvements hereinabove identified. s papa_construction agreemenf2 2 3.2. PAPA shall not discriminate against any employee, applicant for employment, or ajny other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state or local ordinance. 3.3. Hazardous Substances. PAPA assumes no responsibility with respect to lands owned by the City of Port Arthur upon which the improvements above identified are to be constructed with respect to the existence of any hazardous substance on said properties to the end that the constructijon of any improvements on the properties by PAPA shall be free and clear of any obligations by PAPA related to the existence of hazardous substances. The duty of inspection as to the existence of said substances shall be solely attributable to the City of Port Arthur. The City of Port Arthur agrees that it will fully indemnify PAPA from any claims with respect to the existence of hazardous substances on the properties owned by the City of Port Arthur. This indemnification shall include, but not 'be limited to, reasonable attorney's fees and costs of court incurred in the defense of any claim alleged against PAPA with respect to the existence of hazardous substances on the properties owned by the City of Port Arthur. The term "hazardous substances" shall be as defined any state or federal law applicable to the existence of such substances on the properties owned by the City of Port Arthur ARTICLE IV DONATION 4.01. The parties to this Agreement agree that the City of Port Arthur shall have the authority to conduct its own inspection to verify compliance with building codes, zoning requirements, inspections, etc., delineated in the Code of Ordinances in the City of Port Arthur. The City of Port Arthur acknowledges that it has had the opportunity to review and approve the plans and specifications provided by Bert Lamson Design prior to the commencement of construction and that Bert Lamson Design shall have the authority to verify performance of the obligations established between PAPA and a primary contractor with respect to the construction of the improvements above identified. No change in said plans or specifications, as approved by the City of Port Arthur, having a cumulative change cost of greater than Five Thousand ($5,000.00) Dollars, shall be enforceable without the approval of PAPA and a designated representative of the City of Port Arthur. 4.02. Upon completion of the construction of the improvements identified by this Agreement including payment of all costs associated therewith by PAPA and confirmation of compliance with all applicable requirements of the Code of Ordinances in the City of Port Arthuriby the City of Port Arthur, PAPA will execute and deliver to the City of Port Arthur an appropriate donation document signed on behalf of PAPA as approved by legal counsel for the City of Pbrt Arthur and legal counsel for PAPA. 4.03. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, and all of which together will constitute one and the same instrument. 4.04. This Agreement is governed by and shall be construed according to the laws of the s.papa_construction agreement2 3 State of Texas. Venue for any dispute arising hereunder shall be Jefferson County, Texas. 4.05. This Agreement is binding on the City, PAPA, and their respective successors, assigns and legal representatives. 4.06. This Agreement may not be assigned without the express written consent of the parties, which consent shall not be unreasonably withheld. 4.07. This Agreement sets forth the final and entire Agreement between the parties hereto and neither they nor their agents shall be bound by any terms, conditions, statements, warranties or representations, oral or written, not herein contained. No amendment or modification of this Agreement will be effective unless in writing and signed by the ` City and PAPA. 0 deg . EXECUTED AND EFFECTIVE this XII day of-SeigAefrker, 2011. CITY OF PORT ARTHUR, TEXAS By: City ranager PORT ARTHUR FOR POSITIVE ACTION (PAPA) �/ / • By: / Printed ame: o// 14 � woof Title: /0 z/ s.papa_construction agreemena 4 Exhibit "B" will be presented at council meeting EXHIBIT "C" S .pr1791 ACT OF DONATION WHEREAS, the City of Port Arthur, Texas, a home rule municipality ( "CITY ") and Port Arthur for Positive Action, a 501(C)(3) organization, ( "PAPA ") entered into a Construction Authorization and Donation Agreement under date of October 20, 2011 pertaining to the construction of a Development Center on the West Side of Port Arthur on property owned by the City of Port Arthur, and WHEREAS, said facility has been constructed and completed based upon documents executed by the contractor, ICON and by PAPA and a Certificate of Occupancy has been issued by the Department of Building and Inspection of the City of Port Arthur as to the Development Center on the West Side of Port Arthur, and WHEREAS, PAPA is desirous of donating to the CITY the completed facility as it exists as of the date of this donation document, Now Therefore, Witnesseth: 1) That Port Arthur for Positive Action, a 501(C)(3) organization, acting herein by its duly authorized representative donates and transfers to the City of Port Arthur, Texas, the building located on real property owned by the City at the intersection of Reverend Ransom Howard Street and Reverend Raymond Scott Avenue (legally described in attached Exhibit "A ") in Port Arthur, Texas identified as the West Side Development Center of Port Arthur in its present completed condition effective as of the date of this transfer document. 2) Further, PAPA hereby transfers and assigns to the City of Port Arthur as its assignee and successor in interest all related insurance benefits which may have accrued in favor of PAPA under the terms of any insurance coverage presently existing and which benefits are legally assignable. SIGNED and EFFECTIVE this the day of December, 2012. PORT ARTHUR FOR POSITIVE ACTION ( "PAPA ") By: Printed Name: Harold Underwood Title: President 1 ACCEPTED and APPROVED this the day of December, 2012. CITY OF PORT ARTHUR, TEXAS ( "CITY") By: City Manager 2 TRACT R -23 2.066 ACRES OF LAND, REPLAT OF ALL OF BLOCK R -23 RESERVATION TO THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 2.066 acres of land, Replat of all of Block R -23, Reservation to the City of Port Arthur, recorded in Volume 13, Page 63, Map Records, Jefferson County, Texas; said 2.066 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at an "X" mark found in concrete on the intersection of the West right of way line of a dedicated road named Grannis Avenue and the North right of way line of a dedicated road named Reverend Dr. Ransom Howard Street (a.k.a. West 7 Street); said "X" mark being the Southeast corner of Block R -24, Reservation to the City of Port Arthur; THENCE, North 41 deg., 13 min., 00 sec., East, crossing said Grannis Avenue, a distance of 70.00' to an "X" mark set in concrete for the POINT OF BEGINNING on the intersection of the North right of way line of said Reverend Dr. Ransom Howard Street and the East right of way line of said Grannis Avenue; said "X" mark being the Southwest comer of the herein described tract; THENCE, North 48 deg., 47 min., 00 sec., West, on the East right of way line of said Grannis Avenue, a distance of 300.00' to an "X" mark set in concrete on the intersection of the East right of way line of said Grannis Avenue and the South right of way line of a dedicated road named West 8 Street; said "X" mark being the Northwest comer of the herein described tract; THENCE, North 41 deg., 13 min., 00 sec., East, on the South right of way line of said West 8 Street, a distance of 300.00' to a ` /z" steel rod set, capped, and marked "SOUTEX" on the intersection of the South right of way line of said West 8 Street and the West right of way line of a dedicated road named Reverend Raymond Scott Avenue (a.k.a. Kansas Avenue); said %2" steel rod being the Northeast comer of the herein described tract; THENCE, South 48 deg., 47 min., 00 sec., East, on the West right of way line of said Reverend Raymond Scott Avenue, a distance of 300.00' to an "X" mark set in concrete on the intersection of the West right of way line of said Reverend Raymond Scott Avenue and the North right of way line of said Reverend Dr. Ransom Howard Street; said "X" mark being the Southeast comer of the herein described tract; from which a 1 /2" steel rod found for reference point bears North 41 deg., 13 min., 00 sec., East, a distance of 2330.89'; THENCE, Plat Bearing = South 41 deg., 13 min., 00 sec., West, on the North right of way line of said Reverend Dr. Ransom Howard Street, a distance of 300.00' to the POINT OF BEGINNING and containing 2.066 acres of land, more or less. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on August 24, 2011. Westside Development EXHIBIT LS -11-0452 A