Loading...
HomeMy WebLinkAbout024404 RES - 03/27/2001RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT WITH THE TEXAS GENERAL LAND OFFICE RELATED TO THE UNIVERSITY BEACH PARK WHEREAS, Texas A&M University - Corpus Christi and the Texas General Land Office have entered into a Project Cooperation Agreement for a coastal erosion response project, the University Beach Park; and WHEREAS, the University Beach Park is a project beneficial to the citizens of Corpus Christi and the City desires to provide non-financial assistance to the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: The City Manager is hereby authorized to execute on behalf of the City of Corpus Christi an agreement with the Texas General Land Office, SD No. 20010003, a substantial copy of which is attached hereto as Exhibit A and incorporated herein. ATTEST: Armando Chapa City Secretary Mayor, The City of Corpus Christi APPROVED THIS THE ~,'2'DAY OF /"t a,~c t.~ 2001: James R. Bray, ~., City Attorney Corpus Christi, Texas ;;~JT~dday of ~'~/~d~ C.[< ,2001 The above resolution was passed by the following vote: Smuel L. Neal, Jr. Javier D. Colmenero Melody Cooper He~ G~ett Dr. Arnold Go.ales Rex A. Kinnison Betty Je~ Longoria Jo~ Longoria M~k Scott 2 1JRB0500.005 "' ,t 4 0 4 The State of Texas Austin, Texas SD No. 20010003 Coastal Erosion Response Project Project Cooperation Agreement Number 1046 GLO Contract Number 01-126C EXHIBIT A STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: This Special Document (the "Agreement"), is granted by virtue of the authority granted in TEX. NAT. RES. CODE ANN. {}33.609 (Vernon Supp. 2001) and 31 TEX. ADMIN. CODE Chapter 15, Subchapter B (Coastal Erosion Planning and Response) and all other applicable statutes and rules, as the same may be amended from time to time, and is subject to all applicable regulations promulgated from time to time. ARTICLE 1. PARTIES AND PURPOSE 1.01 In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE OF TEXAS, acting by and through David Dewhurst, Commissioner of the Texas General Land Office, on behalf of the Permanent School Fund of the State of Texas (the "State"), hereby grants to The City of Corpus Christi, whose address is P.O. Box 9277, Corpus Christi, Texas 7846%9277, ("User"), the right to use the surface estate of certain Permanent School Fund land (the" Premises") for the purposes identified in Article 1V below. 1.02 The General Land Office enters into this Agreement with the City of Corpus Christi for the purposes described in the coastal erosion project identified in the Project Cooperation Agreement ("PCA") Number 1046. The General Land Office acknowledges that and concurs that the City of Corpus Christi may execute an agreement with Texas A & M University - Corpus Christi to use the Premises for purposes of participating in the coastal erosion project. ARTICLE 11. PREMISES 2.01. The Premises is described or depicted in the PCA and said description is incorporated herein by reference. The description is also attached as Exhibit "A". 2.02. USER HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS SAME "AS IS" 1N 1TS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. USER 1S NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF THE STATE REGARDING ANY ASPECT OF THE PREMISES, BUT IS RELYING ON USER'S OWN INSPECTION OF THE PREMISES. THE STATE DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND USER HEREBY AGREE AND ACKNOWLEDGE THAT THE USE OF THE TERMS "GRANT" AND/OR "CONVEY" IN NO WAY IMPLIES THAT THIS AGREEMENT OR THE PREMISES ARE FREE OF LIENS, ENCUMBRANCES AND/OR PRIOR RIGHTS. USER IS HEREBY PUT ON NOTICE THAT ANY PRIOR GRANT AND/OR ENCUMBRANCES MAY BE OF RECORD AND USER IS ADVISED TO EXAMINE ALL RECORDS OF THE STATE AND COUNTY IN WHICH THE PREMISES IS LOCATED. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. ARTICLE III. TERM 3.01. The use provided for by this Agreement shall continue for a term often (10) years, commencing on the effective date of the PCA and ending on October 4, 2010, unless renewed or earlier terminated for any reason by the State, in its sole discretion. ARTICLE IV. USE OF THE PREMISES 4.01. The Premises shall be used solely for the coastal erosion response project created by the PCA and for no other purpose. The Premises are to remain in their current topographical and hydrologic condition, unless the modification is pursuant to and in accordance with the terms of the PCA. User is specifically prohibited from modifying the Premises in any manner not authorized herein, and from using, or allowing the use by others of the Premises for any other purpose. 4.02. The State reserves the exclusive right to grant easements, rights-of way and/or other grants of interest authorizing use of the Premises. User shall permit the State's agents, representatives, and employees to enter into and on the Premises at all reasonable times for the purpose of inspection and any other reasonable purpose necessary to protect the State's interest in the Premises. 4.03. The following conditions shall apply to the use of the Premises during the term of this Agreement (the "Conditions"): 1. Texas A&M University, Corpus Christi shall, pursuant to the PCA, construct breakwaters of sufficient height above the substrate to be visible above the water surface at mean high tide. Permanent markers/pilings shall be installed by Texas A&M University, Corpus Christi to U.S. Coast Guard specifications. 2. If the General Land Office determines that erosion or accretion has occurred as a result of the presence of the groin, at a rate which exceeds the then current General Land Office/School Land Board guidelines, such structure shall be removed and the shoreline restored according to the written instructions provided by the General Land Office. 3. Any accretion of sediment, as determined by the General Land Office, resulting from the actions authorized by the Project Cooperation Agreement or this Special Document will be considered property of the State of Texas. ARTICLE V. ASSIGNMENTS 5.01. This Agreement and the uses allowed hereunder are not assignable by the User. ARTICLE VI. PROTECTION OF NATURAL and HISTORICAL RESOURCES 6.01. User shall comply with all applicable rules and regulations of the General Land Office and other governmental agencies responsible for the protection and preservation of public lands and waters, including those relating to pollution. In the event of pollution or an incident that may result in pollution of the Premises or adjacent property which is the result of User's (or User's employees, contractors, invitees and agents) acts or omissions, User shall immediately notify the State, use all means reasonably available to recapture any pollutants which have escaped or may escape, and mitigate for any and all natural resources damages caused thereby. 6.02. USER IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966, (PB-89-66, 80 STATUTE 915; §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ANN. (VERNON 2000 SUPP.). IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING ANY ACTIVITY ON THE PREMISES, USER WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY THE STATE AND THE TEXAS HISTORICAL COMMISSION, P.O. BOX 12276, AUSTIN, TEXAS 78711, SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. ARTICLE VII. INDEMNITY 7.01. USER SHALL BE FULLY LIABLE AND RESPONSIBLE FOR ANY DAMAGE, OF ANY NATURE, ARISING OR RESULTING FROM ITS OWN ACTS OR OMISSIONS RELATED TO ITS EXERCISE OF THE RIGHTS GRANTED HEREIN. USER AGREES TO AND SHALL INDEMNIFY AND HOLD THE STATE, THE STATE'S OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST CLAIMS, SUIT, COSTS, LIABILITY OR DAMAGES OF ANY KIND, INCLUDING STRICT LIABILITY CLAIMS, WITHOUT LIMIT AND WITHOUT REGARD TO CAUSE OF THE DAMAGES OR THE NEGLIGENCE OF ANY PARTY, EXCEPT FOR THE CONSEQUENCES OF THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF THE STATE, THE STATE'S OFFICERS, AGENTS, EMPLOYEES, OR 1N¥ITEES, ARISING DIRECTLY OR INDIRECTLY FROM USER'S USE OF THE PREMISES (OR ANY ADJACENT OR CONTIGUOUS PERMANENT SCHOOL FUND LAND) OR FROM ANY BREACH BY USER OF THE TERMS CONTAINED HEREIN. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF TH1S AGREEMENT. ARTICLE VIII. PROPERTY REMOVAL AND TAXES 8.01. Upon termination of this Agreement, User shall remove its personal property from the Premises within 30 days thereafter. THE TERMS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 8.02. USER AGREES TO AND SHALL PROTECT AND HOLD THE STATE HARMLESS FROM LIABILITY FOR ANY AND ALL TAXES, CHARGES, AND ASSESSMENTS, TOGETHER WITH ANY PENALTIES AND INTEREST THEREON, AND FROM ANY SALE OR OTHER PROCEEDING TO ENFORCE PAYMENT THEREOF. ARTICLE IX. MISCELLANEOUS PROVISIONS 9.01. No provision of this Agreement shall be construed in such a way as to constitute the State and User joint venturers or co-partners, other than to the extent provided for in the PCA, or to make User the agent of the State or make the State liable for the debts of User. 9.02 In the event any provision of this Agreement is more restrictive than any administrative rule promulgated by the General Land Office and/or the School Land Board, this Agreement shall control. 9.03 Notices under this Special Document shall be delivered in the same manner and to the same addresses as provided in the PCA. IN TESTIMONY WHEREOF witness our hand and Seal of Office. GENERAL LAND OFFICE By: ~ Larry R. Seward, Chief ClerW Senior Deputy Land Commissioner USER: The City of Corpus Christi ~pproved as to form: James R. Bray, Jr. City Attorney ACKNOWLEDGMENT By: Assistant C~ty Attorney STATE OF q'~){ci...q § COUNTY OF NUECES § This instrument was acknowledged before me on the ot~w Public, State of Texas November 15, 2004 dayof N"6ta~ PnblicfState 6f ~'exas My commission expires: The State of Texas Austin, Texas SD No. 20010003 Coastal Erosion Response Project Project Cooperation Agreement Number 1046 GLO Contract Number 01-126C EXHIBIT "A" Property Description The proposed project site is located along the northem shoreline of Ward Island which comprises the southeastem shoreline of Corpus Christi Bay, Corpus Christi, TX. Ward Island is located in Nueces County and Texas A&M University-Corpus Christi is located on Ward Island.