HomeMy WebLinkAboutC2005-668 - 12/13/2005 - Approved
LEASE BETWEEN
THE CITY OF CORPUS CHRISTI AND
RWT CATTLE COMPANY
STATE OF TEXAS ~
~ KNOW ALL BY THESE PRESENTS
COUNTY OF NUECES ~
This agreement, made and entered into this ~ day of ~ 2005 by and
between the City of Corpus Christi, a Texas home rule municipal corporation, acting
through its duly authorized City Manager, or the City Manager's designee, and the
RWT Cattle Company, of San Patricio County, Texas, hereinafter called "Lessee" in
consideration of the mutual covenants herein.
Section 1. Definitions. For the purposes of this Lease:
City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation
City Manager means the City's City Manager or the City Manager's designee.
City Council means the City Council of the City of Corpus Christi.
Department means the City's Engineering Department.
Director means the City's Director of Engineering and designee.
Lease means this document, including all attachments and exhibits that are
incorporated by reference into this document.
Leased Premises means that the map found as Exhibit "A".
Lessee means the the person or party leasing the premises or assignee.
Risk Manager means the City's Director of Risk Management or the Director of
Risk Management's designee.
Sign means any signs, advertisements, notices, or other lettering that are
exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any
part of the Premises.
Section 2. Purpose. The purpose of this Lease. between the City and Lessee, is to
enabte the city to have the premises utilized for grazing purposes. Lessee may not
operate the Premises for any other purpose without the Director's prior written approval.
Section 3. Leased Premises.
The Leased Premises are certain real property, generally described as an area of land
and ~hnwn on th,::, ~tt~:II"hed and incorporated Exhibits "A".
2005-668
12/13/05 1
Ord026557
RWT Cattle (ompany
SPECIAL PROVISION: Lessee will be required to repair any soil erosion caused by the
usage of area for the protection of the final cap which covers waste in place.
Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the
leased Premises is subject to the terms and conditions in this lease. This lease is
made in consideration of the mutual promises and covenants contained in this lease.
Section 5. Indemnity. In consideration of allowing Lessee to use the Premises,
Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the
City, its officers, agents, representatives, and employees (collectively,
.tlndemnitees") from and against any and all liability, loss, damages, claims,
demands, suits, and causes of action of any nature whatsoever asserled against
or recovered from City on account of injury or damage to person including,
without limitation on the foregoing, premises defects, workers' compensation and
death claims, or property loss or damage of any other kind whatsoever, to the
extent any Injury, damage, or loss may be incident to, arise out of, be caused by,
or be in any way connected with, either proximately or remotely, wholly or in parl:
(1) Lessee's performance under this Lease; (2) Lessee's use of the Premises and
any and all activities associated with the Lessee's use of the Premises under this
Lease; (3) the violation by Lessee, its officers, employees, agents, or
representatives or by Indemnltees, or any of them, of any law, rule, regulation,
ordinance, or government order of any kind perlaining, directly or indirectly, to
this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission
on the parl of Lessee, its officers, employees, agents, or representatives or of
Indemnitees, or any of them, perlaining to this Lease, regardless of whether the
injury, damage, loss, violation, exercise of rights, act, or omission is caused or is
claimed to be caused by the contributing or concurrent negligence of
Indemnitees, or any of them, but not if caused by the sole negligence of
Indemnitees, or any of them, unmixed with the fault of any other person or entity,
and Including all expenses of litigation, courl costs, and attorneys' fees, which
arise, or are claimed to arise, out of or in connection with the asserled or
recovered incident. Lessee covenants and agrees that, if City is made a parly to
any litigation against Lessee or in any litigation commenced by any party, other
than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable
notice regarding commencement of litigation, at its own expense, investigate all
claims and demands, attend to their settlement or other disposition, defend City
in all actions based thereon with legal counsel satisfactory to the City Attorney,
and pay all charges of attorneys and all other costs and expenses of any kind
whatsoever arising from any the liability, injury, damage, loss, demand, claim, or
action.
Section 6. Insurance.
A. Lessee shall secure and maintain at Lessee's expense, during the term of this
Lease, insurance of the type and with the amount of coverage shown on the
attached Exhibit B , which is incorporated in this Lease by reference.
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Lessee shall use an insurance company or companies acceptable to the Risk
Manager. Failure to maintain the insurance during the term of this lease, at the
limits and requirements shown on Exhibit, constitutes grounds for termination of
this Lease.
B. The Certificate of Insurance must be sent to the Risk Manager prior to
occupancy of and operations at the Premises. The Certificate of Insurance must
provide that the City will have thirty (30) days advance written notice of
cancellation, intent to not renew, material change, or termination of any coverage
required in this Lease
C. Lessee shall provide, during the term of this Lease, copies of all insurance
pOlicies to the Risk Manager upon written request by the City Manager.
D. The Risk Manager retains the right to annually review the amount and types
of Insurance maintained by Lessee, to require increased coverage limits, if
necessary in the interest of public health, satety, or welfare, and to decrease
coverage, if so warranted. In the event of any necessary increase, Lessee must
receive thirty (30) days written notice prior to the effective date of the requirement
to obtain increased coverage.
E. In the event alcoholic beverages are to be served on or in any Premises
covered by this lease, the Lessee shall additionally obtain or cause to be
obtained alcoholic beverage liability insurance in the amount of one million
dollars ($1,000,000.00) covering the event or time period when alcoholic
beverages are to be served.
F. Lessee shall, prior to any addition or alteration to, in, on, or about the
Premises, obtain prior clearance, in writing, from the Risk Manager that the
proposed addition or alteration will not necessitate a change or modification in
the existing insurance coverage maintained by lessee. This clearance is in
addition to the prior consent required by Section 18(a) of this lease.
Section 7. Limitation of Leasehold. City does not warrant its title to the leased
Premises This Lease and the rights and privileges granted Lessee in and to the
Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of
record or apparent. Nothing contained in this Lease may be construed to imply the
conveyance to Lessee of rights in the Leased Premises that exceed those owned by
City
Section 8. Term. The City leases the Premises, subject to all terms and conditions of
this Lease, to the Lessee for a period of 5 years, unless sooner terminated under
another section of this lease. The lease begins January 1, 2006 and ends December
31,2010, subject to prior termination. January 1,2006 is the Anniversary Date of the
Lease. The city will provide the yearly rent calculations, 90 days prior to the expiration
of this term.
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Section 9. Option to Renew. The Lessee has the option to renew this lease for .2
years, subject to review based on an independent or staff appraisal of similar grazing
lands near the city property and premises. Lessee must exercise this option by giving
the City notice at least (30) days prior to the last day of the term of the lease.
Section 10. Abandonment of Leased Premises. If the Lessee abandons the Leased
Premises this Lease shall terminate automatically and City Manager may take
Immediate possession of the Leased Premises. "Abandoned" means that the Leased
Premises become vacant or deserted for a continuous period of thirty (30) days.
Section 11. Cessation of Use.
A. If Lessee for any reason ceases to use the Leased Premises for the purposes
specified in Section 2, Lessee has the right to terminate this Lease by written
notice to the City Manager.
B. The written notice of termination must be given at least three (3) months prior
to the effective date of termination.
C. If the cessation of use occurs and continues for one (1) year or longer, and
Lessee does not exercise the right to terminate this Lease, then the City may
terminate this Lease by giving Lessee at least thirty (30) days notice prior to the
effective termination date.
D. During any cessation of use, Lessee must maintain and regulate the use and
occupancy of the Leased Premises at Lessee's expense as specified in this
Lease. Upon termination or expiration of the Lease, the Lessee must remove all
personal property from the Leased Premises.
Section 12. Surrender. Subject to the holdover provisions in this Lease, Lessee
acknowledges and understands that the City's agreement to lease the Premises to
Lessee is expressly conditioned on the understanding that the Premises must be
surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a
condition as received, reasonable use and wear, acts of God, fire and flood damage or
destruction where Lessee is without fault, excepted.
Section 13. Consideration. For and in consideration of the rights and privileges
granted in this lease, Lessee agrees to accept a $1 per year consideration for the term
of Q... years in exchange for erecting a fence on the east and north side that will remain a
permanent structure of the city at the end of the term.
Section 14. Alterations.
A. Lessee may not make any alterations, additions, or improvements to, in, on,
or about the Premises, without the prior consent of the City Manager.
B. Prior to making any alterations, additions, or improvements to, in, on, or about
the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the City Manager for review.
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C. If the City Manager consents to the alterations, additions, or improvements,
the Lessee shall obtain all required permits for the construction and the
construction is subject to inspection by the City's Building Official, Director of
Engineering ServIces, and their designated representatives.
Section 15. Assignment and Subleasing.
A. Lessee may not assign or encumber this lease, without the prior written
consent of the City Manager. Any assignment or sublease must be approved in
advance by the City Manager
B. Upon approval of the assignment, Lessee may request the City to release
Lessee from any further liability under the Lease. City will grant the release if the
assignee covenants to assume all obligations and duties of Lessee of this Lease.
C. Any attempted assignment or sublet without the prior written consent of the
City Manager renders this Lease void.
D. An assignment of the Lease under the same terms and conditions is not an
amendment of the Lease
E. Each provision, term, covenant, obligation, and condition required to be
performed by Lessee must be binding upon any assignee, and is partial
consideration for City's consent to the assignment.
F. Any failure of assignee to strictly comply with each provision, term, covenant,
obligation, and condition in this lease may render this Lease null and void.
Section 16. Signs.
A. Lessee may not exhibit, inscribe, paint, erect, or affix any Sign at, on, or about
the Premises, or any part of this Lease, without the City Manager's prior written
approval.
B. The City may require Lessee to remove, repaint, or repair any Signs allowed.
If Lessee does not remove, repaint, or repair the Signs within ten (10) days of
City Manager's written demand, City may do or cause the work to be done, and
Lessee shall pay the City's costs within thirty (30) days of receipt of the invoice.
If payment is not timely made, the City may terminate this Lease upon ten (10)
days written notice to Lessee. Alternatively, the City may elect to terminate this
Lease after ten (10) days written notice to Lessee.
Section 17. Laws Affecting Operation of Premises and Performance. Lessee shall
comply with all Federal, State, and local laws, ordinances, rules, and regulations
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applicable to Lessee's operation of the Premises and Lessee's performance under this
Lease This Lease is also subject to applicable provisions of the City Charter.
Section 18. Nondiscrimination. Lessee covenants and agrees that Lessee will not
discriminate nor permit discrimination against any person or group of persons, with
regard to employment and the provision of services at, on, or in the Premises, on the
grounds of race, religion, national origin, marital status, sex, age, disability, or in any
manner prohibited by the laws of the United States or the State of Texas. The City
hereby reserves the right to take the action as the United States may direct to enforce
this covenant.
Section 19. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing
policy that substantially conforms to the City's policy.
Section 20. Violence Policy. Lessee must adopt a Violence in the Workplace and
related hiring policy that substantially conforms to the City's policy.
Section 21. Maintenance. Lessee shall maintain the Leased Premises and all
Improvements in good and safe condition during the Lease term, including ground
cover.
Section 22. Furniture, Fixtures, and Equipment All personal property and trade
fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless
the personal property and trade fixtures are specifically donated to the City during the
term of this Lease or any Holdover Period.
Section 23. Utilities. Lessee shall pay for all utilities related to usage of Premises.
Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination
of this Lease.
Section 24. City Use. The City retains the right to use or cross the Premises with
utility lines and easements. City may exercise these rights without compensation to
Lessee for damages to the Premises from installing, maintaining, repairing, or removing
the utility lines and easements. City must use reasonable judgment in locating the utility
lines and easements to minimize damage to the Premises.
Section 25. Default. The following events constitute default under this Lease:
(1) Failure to pay utilities before the due date.
(2) Failure to perform any scheduled maintenance, if applicable.
(3) Abandonment of the Premises.
(4) Failure to maintain any insurance coverages required in this lease.
(5) Failure to timely pay City's invoice for the removal, repainting, or repair of any
Signs at the Premises.
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(6) Failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Lease.
Section 26. City's Remedies on Lessee's Default.
Upon the occurrence of any event of default, the City may, at its option, in addition to
any other remedy or right given under this Lease or by law:
(1) Give notice to Lessee that this Lease terminates upon the date specified in
the notice, which date will be no earlier than five (30) days after the giving of the
notice .
(2) Immediately or at any time after the occurrence of the event of default and
without notice or demand, or upon the date specified in a notice, if given, or in
any notice issued under law, enter upon the Premises or any part of this
Premises in the name of the whole and, upon the entry, this Lease terminates.
In the event of default by lessee under Section [26], the City has the option to pursue
anyone or more of the remedies provided in this lease or afforded the City by law,
without further notice or demand and without prejudice to any other remedy:
1. The City may enter into and upon the Premises and retake possession, by
legal proceedings or otherwise, expel Lessee and anyone claiming through or
under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if
necessary, and store the goods in the name and at the expense of Lessee.
2. After retaking possession as set out in paragraph 1 of this section, or upon
abandonment of the premises by Lessee, the City may at the City's option relet
the premises or any part of the premises, in the name of the City or otherwise, for
a term or terms that may be less than or exceed the period that would otherwise
constitute the balance of the term of this lease. The term of such relelling by the
City is evidence of the fair rental value of the premises for the balance of the term
and the Lessee shall be liable to the City for the amount by which the rent and
other charges due under this lease for the balance of its term exceeds the fair
rental value of the premises for that period.
Section 27. Modifications. No changes or modifications to this Lease may be made,
nor any provisions waived, unless the change or modification is made in writing and
signed by persons authorized to sign agreements on behalf of each party.
Section 28. Contact Person/Lease Administrator. For this Lease, the City's contact
person and lease administrator is David A. Garcia, Property Manager, Property and
Land Acquisition Division, Engineering Services.
Section 29. Notice.
A. All notices, demands, requests, or replies provided for or permitted under this
Lease by either party must be in writing and must be delivered by one of the
following methods: (i) by personal delivery; (ii) by deposit with the United States
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Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express
delivery service, for which service has been prepaid; or (v) by fax transmission.
B. Notice deposited with the United States Postal Service in the manner
described above will be deemed effective two (2) business days after deposit
with the United States Postal Service. Notice by telegram or overnight express
delivery service will be deemed effective one (1) business day after transmission
to the telegraph company or overnight express carrier. Notice by fax
transmission will be deemed effective upon transmission with proof of delivery.
C. All the communications must only be made to the following:
IF TO CITY:
IF TO LESSEE:
City of Corpus Christi
Attn: David A. Garcia, Property Manager
P. O. Box 9277
Corpus Christi , Texas 78469-9277
RWT Cattle Company
clo Rob Thomas
P.O. Box 37
Sinton, IX. 78387
D. Either party may change the address to which notice is sent by using a
method set out in subsection c of this section. Lessee shall notify the City of an
address change within ten (10) days after the address is changed.
Section 30. Force Majeure. No party to this Lease shall be liable for delays or failures
In performance due to any cause beyond their control including, without limitation, any
delays or failures in performance caused by strikes, lock outs, fires, acts of God or the
publiC enemy, common carrier, severe inclement weather, riots or interference by civil or
military authorities. The delays or failures to perform extend the period of performance
until these exigencies have been removed. The Lessee shall inform the City in writing
of proof of the force majeure within three (3) business days or otherwise waive this right
as a defense.
Section 31. Relationship of Parties. This Lease establishes a landlord/tenant
relationship, and no other relationship. This Lease must be construed conclusively in
favor of that relationship. In performing this Lease, both the City and Lessee will act in
an individual capacity and not as agents, representatives, employees, employers,
partners, joint-venturers. or associates of one another. The employees or agents of
either party may not be, nor be construed to be, the employees or agents of the other
party for any purpose.
Section 32. Not for Benefit of Third Parties. This Lease is only for the benefit of the
City and Lessee, and no third party has any rights or claims under this Lease or against
the City.
Section 33. Publication Costs. Lessee shall not pay for the cost of publishing the
Lease desaiption and related ordinance, as required by the City's Charter, in the legal
section of the local newspaper, according to the new charter, unless the Lease is over 5
years.
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Section 34. Interpretation. This Lease will be interpreted according to the Texas laws
which govern the interpretation of contracts. Venue lies in Nueces County, Texas,
where this Lease was entered into and will be performed.
Section 35. Survival of Terms. Termination or expiration of this Lease for any reason
does not release either party from any liabilities or obligations under this Lease that (a)
the parties have expressly agreed survive any the termination or expiration; (b) remain
to be performed; or (c) by their nature would be intended to be applicable following any
the termination or expiration of this Lease.
Section 36. Captions. The captions utilized in this Lease are for convenience only
and do not in any way limit or amplify the terms or provisions of this Lease.
Section 37. Severability.
A. If, for any reason, any section, paragraph, subdivision, clause, provision,
phrase, or word of this Lease or the application of this Lease to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable under
present or future law or by a final judgment of a court of competent jurisdiction,
then the remainder of this Lease, or the application of the term or provision to
persons or circumstances other than those as to which it is held illegal, invalid, or
unenforceable, will not be affected by the law or judgment, for it is the definite
Intent of the parties to this Lease that every section, paragraph, subdivision,
clause, provision, phrase, or word of this Lease be given full force and effect for
Its purpose.
B. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Lease,
then the remainder of this Lease is not affected the law, and in lieu of any illegal,
Invalid, or unenforceable clause or provision, a clause or provision, as similar in
terms to the illegal, invalid, or unenforceable clause or provision as may be
possible and be legal, valid, and enforceable, will be added to this Lease
automatically.
Section 38. Venue. Venue lies in Nueces County, Texas, where this lease was
entered into and will be performed.
Section 39. Entirety Clause. This Lease and the attachments and exhibits
Incorporated into this Lease constitute the entire agreement between the City and
Lessee for the purpose granted. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Lease,
unless contained in this Lease are expressly revoked, as the parties intend to provide
for a complete understanding within the provisions of this Lease and its exhibits of the
terms, conditions, promises, and covenants relating to Lessee's operations and the
Premises to be used in the operations.
Section 40. Binding Lease. It is further mutually understood and agreed that the
covenants and agreements contained in the Lease, to be performed by the respective
parties, are binding on the parties, and their respective successors and assigns.
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Section 41. Acknowledgment. Each party expressly agrees that it has independently
read and understood this Lease By lessee's execution of this lease, Lessee
acknowledges and understands that this lease is not binding on the City until properly
authorized by the Council and executed by the City Manager or by his designee.
Section 42. Environmental Quality.
A lessee acknowledges prior use of land which indicates that portions or
all portions of Westside Landfill is a closed municipal solid waste landfill.
B. Lessee acknowledges receipt and acceptance of this notice required by
the Texas Health and Safety Code and The Texas Commission on TCEQ
rules and of the Texas Administrative Code.
Prior Use
User acknowledges that all or portions of [Westside Landfill) was a closed municipal
solid waste landfill, and acknowledges receipt and acceptance of this notice required by
Section 361.539 of the Texas Health and Safety Code and the Texas Commission on
Environmental Quality's ('rrCEQ") rules in Section 330.962 of Title 30, Texas
Administrative Code. User acknowledges that the City does not represent the land
covered by this lease is suitable for User's intended use. User agrees to:
(a) Comply with all applicable Federal and State of Texas laws and regulations
applicable to construction and operation of the facilities contemplated by User on
the easement granted herein, including those applicable to closed municipal solid
waste landfills and the regulations relating to same including, but not limited to,
Chapter 361 of the Texas Health & Safety Code and Title 30, Part I, Chapter 330,
Subchapter T, Texas Administrative Code. (A copy of the current version of
Subchapter T is attached to and incorporated into this lease.)
(b) Not to disturb the integrity and function of the final cover, all components of
the containment system, and any monitoring systems, without authorization of
the TCEQ.
(c) Take any action deemed necessary by the TCEQ to restore the final cover,
any component of the containment system, or monitoring systems disturbed by
the construction, maintenance or operation of any facilities proposed by User.
(d) Conduct soil test as required by 30 T AC 330.953 before undertaking any
development of the property, if applicable.
(e) Obtain a development permit from the TCEQ before commencing any
construction of an enclosed structure, as required by 30 TAC 330.954(a), if
applicable.
(f) Register any existing structures owned or being used by the User, if required
by 30 TAC 33O.954(c) or TCEQ. (The Director has a copy of the list of structures
the City has registered with TCEQ.), if applicable.
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(g) Prepare any needed modifications to the Site Operating Plan, if required by
30 TAC 330.959(4) and 330.257(r) or TCEQ. (The Director has a copy of the
current Site Operating Plan that was submitted to TCEQ.), if applicable.
(h) Prepare a Structures Gas Monitoring Plan, if required by 30 TAC 330.959(5)
or TCEQ. (The Director has a copy of the current Structures Gas Monitoring
Plan that was submitted to TCEQ.), if applicable.
(i) Install landfill gas monitoring equipment in any enclosed structures owned or
being used by the User, if required by 30 TAC 330.959 or TCEQ. (The City has
installed and maintains gas monitoring equipment in some enclosed structures
on the site, as part of the City's Structures Gas Monitoring Plan approved by
TCEQ. The City does not warrant that the enclosed structures are suitable,
safe for use by adults or children, or do not pose a potential health threat
to adults or children. The User may install additional landfill gas monitoring
equipment in any enclosed structures used by the User, if the User or its officers,
members, employees, agents, contractors, or invitees are concerned with the air
quality within the enclosed structures.), if applicable.
U) Operate any landfill gas monitoring equipment installed by the User and
maintain all necessary records, as required by 30 TAC 330.960. Copies of all
required records shall be submitted to the Director on a monthly basis, if
applicable.
(k) Prevent the ponding of water on any property under the User's control.
(I) Submit plans to control the drainage of storm waters from any structures used
by the User to the Director for review and approval.
(m) Hold the City harmless and indemnify City for any claims, penalties, or
violations that result from User=s, its assigns, or their agents disturbance of the
said closed municipal solid waste landfill.
TEXAS ADMINISTRATIVE CODE
Title 30. ENVIRONMENTAL QUALITY
Part I. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 330. MUNICIPAL SOLID WASTE
Subchapter T. USE OF LAND OVER CLOSED MUNICIPAL SOLID WASTE
LANDFILLS
, 330.962 Notice to Buyers, Lessees, and Occupants
(a) An owner of land that overlies a CMSWlF unit shall prepare a written notice stating
the former use of the facility, the legal description of property, notice of the restrictions
on the development or lease of the land imposed by this subchapter and the Health and
11
Safety Code, Chapter 361, Subchapter R, and the name of the owner. The owner shall
file for record the notice In the real property records of the county in which the property
IS located
(b) An owner of land that overlies a CMSWLF unit shall notify each lessee and each
occupant of a structure that overlies the unit of:
(1) the land's former use as a landfill; and
(2) the structural controls in place to minimize potential future danger posed by
the CMSWLF
V. T.e.A., Health & Safety Code ' 361.537
, 361.537. Lease Restriction; Notice to Lessee
A person may not lease or offer for lease land that overlies a closed municipal solid
waste landfill facility unless:
( 1 ) existing development on the land is in compliance with this subchapter; or
(2) the person gives notice to the prospective lessee of what is required to bring
the land and any development on the land into compliance with this subchapter
and the prohibitions or requirements for future development imposed by this
subchapter and by any permit issued for the land under this subchapter.
EXECUTED IN D~ch of which shall ge considered an original, on
the ~day of . , 2002...
LESSE~ ~
By ~,~
12
STA TE OF TEXAS S
S
COUNTY OF NUECES t
This instrument was acknowledged before me on ~~_ Cf
~
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, 200~, by
/21-~ C1,as
e DAVID A. GAHQA
. .: I MY CUMMISSION EXPIRES
Apn 25, 2006
J on behalf of the
Notary Public, State of Texas
ATTEST:
Arm~-
City Secretary
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APPROVED AS TO LEGAL FORM: Ik~...t-r '7
,200,r.
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Assis~nt City Attor1ey
F or City Attorney
13
STATE OF TEXAS ~
~
COUNTY OF NUECES ~ 1\(,
This instrument was acknowledged before me on kt UNil r ';)D ,200( by
George K Noe, City Manager of the City of Corpus Christi, a Texas home rule
municipal corporation. on behalf of the corporation.
li~, I .~'{/J~, I)
lJLi ~ . lJ..JL;V1;Y
Notary Public, State of Texas
I~rr- ",J'-YPc-
f . \, Connie Parks -=
~*/~ My CommiSSion Expires
L2'OF~ November 09,2007
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EXHIBIT
INSURA~CE, REQ.IlI.ReM~tlm
I. ~E'S LIABI,,-'TY I~URANCE
A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
slmHar insurance required of the subcontractor has been obtained.
B. Le&See must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insannce, wiIh 1he cay named as an
addillonallnsured for all General UabiJity policy. A blanket waiver of subrogation Is reqlOd on all appIcabIe policies
showing the following minimum coverage by Insurance company(s) acceptable to the City's Risk Manager.
,---
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
3O-Day Notice of Material Change, Cancellation, Non- Bodily Injury and Property Damage
ntnewal or Tenninatlon required on all certificates Per occurrence I aggregate
and 10 day written notice of cancellation for non-
payment of pnmIium Is required.
Commercilll General liability including: $1,000,000 COMBINED SINGLE UMIT
1 Commercial Form
2. Premises - Operations
3. Products! Completed Operations Hazard
4 Contractual liability
5. Broad Form Property Damage
6. Independent Contractors
7 Personal Injury
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of reports of any accident
within ten (10) days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
*
The City of Corpus Christi must be named as an additional insured on the General liability coverage,
and a blanket waiver of subrogation Is also required.
If your insurance company uses the standard ACORD form, the can1:datian clause (bottom right) must be
amended by adding the wording -changed or" between -beB and -canceledB, and deleUng the words,
cendeavor toB, and deleting the wording after Cleft". In the alternative, a copy of the endorsement to the policy
with the required cancelation language is required.
*
*
The name of the project must be listed under -Description of Operations"
Pl. a minimum, a 3G-day written notice of material change, non-renewal, cancellation or termination and a
10 day written notice of cancellation for non-payment of premium Is required.
B. If 1he Celtificate of Insurance on its face does not show on lis face the existence oftha coverage requi'ed by items
1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating
whether Items 1.B. (1)-(7) are Included or excluded.
.
Weatside .... c.lIJe GrIzIng Iee6e ins req
5-27-05 ep RIek Management
EXHIBIT B