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MEMORA/qDUM
To:
From:
Subject:
Date:
Mayor, City Council, City Manager
Mark T. Sokolow City Attorney ~
P. R. No. 11721; Council Meeting of April 16, 2002
April 12, 2002
Attached is P. R. No. 11721 authorizing the City
Manager to execute an agreement with the Walmart #408
located adjacent to Highway 69 at 8585 Memorial Boulevard to
place a police sub-station on its property.
MTS/ts
Attachment
cc:
Chief of Police
VIA FACSIMILE (409) 727-8278
Dustin Kraeger
WALMART
z.prl1721.memo
P. R. No. 11721
04/12/02 ts
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WHEREIN THE CITY OF
PORT ARTHUR WILL LOCATE A POLICE SUB-
STATION WITHIN THE WALMART #408 LOCATED
ADJACENT TO HIGHWAY 69 AT 8585 MEMORIAL
BOULEVARD
WHEREAS, the City deems it in the best interests of the
citizens of Port Arthur to have a Police sub-station located
in Walmart #408.
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 an Agreement with Walmart Store #408 to locate a
Police sub-station on its property in substantially the same
form as attached as Exhibit ~A".
Section 3.
May 1, 2002.
Section 4. That
resolution be spread upon the
That this Agreement shall
a copy of the
Minutes of
be effective on
caption of this
the City Council.
READ, ADOPTED AND APPROVED on this day of
, A.D., 2002, at a Regular Meeting of the City
Council of the City of Port Arthur, Texas, by the following
vote: AYES: Mayor , Councilmembers
NOES:
ATTEST:
MAYOR
ACTING CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
EXHIBIT "A"
POLICE SUB-STATION
AGREEMENT
THIS LICENSE AGREEMENT, made and entered into this __ day of
,2002 by and between WAL-MART Stores~ Inc., whose address is 702
S. W. 8th Street, with offices at 2001 S. E. l0th Street, Bentonville, Arkansas 72712-6489, "Wal-
Mart" and CITY OF PORT ARTHUR, whose address is 444 4th Street, Port Arthur, Texas,
77641, "City".
W-I-T-N-E-S-S-E-T-H
WHEREAS, Wal-Mart desires that the City of Port Arthur locate a sub-station at the Wal-Mart
located adjacent to Highway 69 in Port Arthur, Texas; and.
WHEREAS, Wal-Mart is the owner or lessee of the building known as Wal-Mart Store # 408,
located at 8585 Memorial Boulevard, Port Arthur, Texas, ("Premises"); and
WHEREAS, Wal-Mart and the City of Port Arthur now desire to enter into an Agreement
whereby the City of Port Arthur will have space in the Wal-Mart, under such terms and
conditions as are hereinafter more particularly set forth.
NOW THEREFORE, in consideration of the mutual promise herein contained, the parties
hereto do hereby agree as follows:
The City of Port Arthur is given permission to occupy a designated portion of Wal-
Mart, more specifically, the grocery vestibule area at the front of Walmart or in
such other area as agreed to with the Police Chief, for the purpose of a police
substation.
The term of this Agreement shall be for the one (1) year beginning on the date of
this Agreement and shall automatically renew for successive one (1) year terms,
unless terminated earlier. Wal-Mart and the City of Port Arthur agree that either
party may terminate this Agreement, with or without cause, by giving the other
party thirty (30) days prior written notice.
The consideration for this Agreement shall be the mutual benefits received by both
parties through the use of a portion of the Wal-Mart premises by the City of Port
Arthur.
The City of Port Arthur agrees that all items placed in or on the Wal-Mart premises
by the City of Port Arthur, will be removed from Wal-Mart as soon as practicable
following termination of this Agreement, but in no event no later than ten (10)
days after the termination of this Agreement.
It will be up to the sole discretion of the Chief of Police as to the staffing,
equipment, as well as police operations to be used at this substation.
The City of Port Arthur and its officers, per this Agreement, are not considered a
joint venturer or an employee of Wal-Mart.
All property belonging to the City of Port Arthur shall be there at the risk of the
City of Port Arthur and Wal-Mart shall not be liable for damage thereto or theft or
misappropriation thereof.
o
The City of Port Arthur will carry and keep in force, at its own expense,
Comprehensive General Liability insurance, in an amount not less that $500,000.
The City of Port Arthur shall furnish Wal-Mart with a copy of the City's insurance
coverage.
9. This Agreement shall be effective on the day of .,
20O2.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed by their duly authorized officers.
SIGNED on the __ day of
,2002.
WAL-MART
BY:
TITLE:
DATE:
WITNESSED BY:
SIGNED on the
WITNESSED BY:
__ day of
., 2002.
CITY OF PORT ARTHUR
BY:
TITLE:
DATE: