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Home My WebLink AboutPR 11755: OUR LADY GUAD. CHURCHINTER OFFICE MEMO To: Mayor, City Council & City Manager From: Mark T. Sokolow, City Attorney Subject: P. R. No. 11755 Council Meeting April 30, 2002 Date: April 22, 2002 Attached is P.R. No. 11755 wherein the City and Our Lady of Guadalupe Church wish to change the license-to- use agreement as to allow the City and the Church to terminate the agreement with ninety (90) days notice. MTS/jb Attachment cc: Director of Public Utilities VIA FACSIMILE (409) 866-5789 Patrick C. McGinnis HEARTFIELD & MCGINNIS 2195 Dowlen Road Beaumont, TX 77706 ,~2(DO1 04:~ HE~RTFIELD ~ZGI~i-,II$ 409 P.66 57~9 P.02 J. Thad Hear~field HEARTFIELD SE; McGn' s 2195 Dowlcn Road Bcaumont, T~ 77706 Te~x (~) ~-5789 Patrick Connell McGinnis Apri~ 17, 2002 Mr. Mark Sololow I~?a Telefax: (409)985-8124 City At/omey City of Port Arthur Re: License To-Use Agreement Betxveen City of Port Arthur and Our Lady of Guadalupe Catholic Church Dear Mr. Sololow: I represent Our Lady of Guadalupe Catholic Church and the Diocese of Beamnont. We very much appreciate the City of Port Arthur agreeing to a liccmse between the City and Our Lady of Guadalupe Catholic Church for pa-king purposes. I am wondering if it would be okay to add a provision to Paragraph 9 of the proposed Agreement, which would allow Our Lady of Guadalupe Catholic Churchto terminate the Agreement, ifncccssa~., short of the five-year tenn. We wouldn't expect any reimbursement of the one-time license fee. However, in the event that there is tm longer any need for the property, in question and we do wish to mate the license, we would like to be relieved of the responsibilities of maintenance of the f~cility. I propose that the following sentence be added to the end of Pmagraph 9: The Church may also terminate the Agreement, giving 90 days written notice to the City. If you a~e agreeable to inserting this laag,~ge, then please do so and forward the document to Our Lady of Cmadalupe Catholic Church for signature. Very truly yours, Patrick Connell McGinnis PCM/lmy No. 11755 0~/22/02 jb RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE LICENSE-TO- USE AGREEMENT BETWEEN THE CITY AND OD-R LADY OF GUADALUPE CHURCH. WHEREAS, entered into Exhibit WHEREAS, Our Lady of Guadalupe Church and the City have a license-to-use agreement as described in and Our Lady of Guadalupe Church and the City wish to enter into this amendment to the license-to-use agreement between the City and Our Lady of Guadalupe Church as delineated in Exhibit "B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That are true and correct. Section interest of Manager to the facts and opinions in the preamble 2. That the City Council deems it in the best the City of Port Arthur to authorize the City execute the amendment to the license-to-use Church and the City as agreement between Our Lady of Guadalupe delineated in Exhibit "B". Section 3. That a copy of the Resolution be spread upon the Minutes of READ, ADOPTED AND APPROVED on this caption of this the City Council. __ day of A.D., 2002, at a Regular Meeting of the City Council of the City of Port Arthur, vote: AYES: Mayor Councilmembers Texas, by the following NOES: ATTEST: MAYOR ACTING CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr11755 EXHIBIT "A" LICENSE-TO-USE AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENT: JEFFERSON COUNTY between the City of Port Arthur ("the City"), a municipal cot'l~ratio~ 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, Two Hundred Forty and no/100 ($1,240) 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 objections 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 padies hereof, the parties agree as follows: 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. The use of said right-of-way by the Church shall be restricted to parking for the Church's own needs, and the Church shall not prohibit the use of the right-of-way for its intended purposes. The Church shall be responsible at their sole cost to provide the necessary drainage culverts, of the size and number to be determined by the City, to enclose the roadside ditch over which the parking facility will be placed. Per standard practice, the City will install the roadside ditch culverts to ensure that proper drainage is maintained under the parking facility. The Church shall be responsible at their sole cost for all material, labor and equipment to install the temporary flexible base parking facility allowed hereunder, as well as the cost of all maintenance of the facility necessitated by normal use or the City's use of its right--of-way. The Church shall be responsible to provide adequate warning devices to protect the public during the construction of the facility. 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 properly for a public or municipal purpose) and at the sole expense of the Church. The Church agrees to make one (1) payment of $1,240 to the City upon issuance of the License. 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. 10. 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 fodhcoming 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. 11. 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. 12. 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 location of the parking lot except for negligent acts of the City. In addition, the Church shall cause its Contractor to furnish a bond, on form and with corporate surety satisfactory to the City, in an amount of Fody-Five Thousand and no/100 ($45,000.00) Dollars. Such Bond shall enure to the benefit of the City and any person who may suffer a loss or injury as a result of the Church's Contractor's operations during the pedod until completion of installation of the parking lot is approved in writing by the City's Engineer. IN WITNESS WHEREOF, padies hereto have caused this License to be executed in duplicate this lq ~day of APPROVED IN FORM: CITY OF PORT ARTHUR/) City Attorney Mayor APPROVED: St~Veiff'B.-'Fitzg~bbons City Manager Leslie E. McMahen, P.E. Director of Public Works Our Lady of Guadalupe Catholic Church By: Name Title A'FrEST: Secretary 60t;h ST. 120' ENTERGY 680' 620' S.SGT. LUCIAN ADAMS DR. t EXHIBIT "B" AMENDMENT NO. 1 The parties to the license-to-use agreement dated February 19, 2002 between the City and Our Lady of Guadalupe Church herein agree to amend Section 9 thereof to read as follows: 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 ninety (90) days written notice to the Church The Church may also terminate this Agreement giving ninety (90) days notice to the City. The Church, if it terminates this agreement, will not receive a reimbursement of the permit fee paid. SIGNED AND AGREED TO this 2002. day of City of Port Arthur Witness SIGNED AND AGREED TO this 2002. day of Our Lady of Guadalupe Catholic Church Witness z,olg_license.amendment