HomeMy WebLinkAboutC2008-249 - 6/18/2008 - NAJ
LICENSE AGREEMENT
TEMPORARY STAGING AREA
This License Agreement is made this ~ day of e , 2008, by and between
the CITY OF CORPUS CHRISTI Memorial oliseum and AEP TEXAS CENTRAL
COMPANY, a Texas corporation ("AEP").
WITNESSETH:
WHEREAS, CITY OF CORPUS CHRISTI owns or controls certain lands in Nueces County,
Texas at the location(s) shown on the attached Exhibit A, incorporated herein for all purposes
(the "Premises"); and,
WHEREAS, AEP is an electric utility certified by the Public Utility Commission of Texas to
provide electric delivery service throughout South Texas, including the area constituting and
surrounding the Premises; and,
WHEREAS, AEP's service area experiences emergency conditions from time-to-time which
interrupt or threaten to interrupt electric service to many of its customers, and which often
require AEP to mobilize special efforts to respond to such emergencies to avoid such service
interruptions or to quickly restore electrical service; and,
WHEREAS, AEP has requested permission to use the Premises described in the attached Exhibit
A as a staging area for its work crews and for the temporary storage of materials, vehicles and
equipment related to the performance of work necessary to avoid interruptions in electrical
service or to restore service interrupted by emergency conditions in AEP's service area; and,
WHEREAS, CITY OF CORPUS CHRISTI has agreed to make the Premises available to AEP
for such purposes subject to the terms and conditions hereinafrer set out.
NOW THEREFORE, for and in consideration of the premises and other good and valuable
consideration, including the mutual benefits accruing to CITY OF CORPUS CHRISTI and AEP,
the parties hereto agree as follows:
Use of the Premises. Upon the occurrence of an emergency condition, which inten•upts
or threatens to interrupt electric service to a substantial number of AEP's customers
requiring AEP to mobilize special efforts to respond to such conditions, AEP may enter
upon and use the Premises for the staging of work crews and for the temporary storage of
materials, vehicles and equipment. AEP will endeavor to provide CITY OF CORPUS
CHRISTI with advance notice of its need for the use of the Premises; however, in the
event AEP is prevented from providing such advance notice by the occurrence of the
emergency condition or the unavailability of the designated CITY OF CORPUS
CHRISTI contact, AEP shall provide notice of its use of the Premises as soon thereafrer
as reasonably possible.
2008-249
06/18/08
~M
AEP Texas Central
2. Term. This License Agreement shall remain in effect for a term of six (6) months ending
November 30, 2008, unless earlier terminated by either party upon ninety (90) days
notice. AEP's use of the Premises as a staging area for work crews and for the temporary
storage of materials, vehicles and equipment shall extend for that period of time
reasonably required by AEP to respond to the emergency condition, but in no event
longer than three (3) continuous months without the written consent of CITY OF
CORPUS CHRISTI.
3. Appearance. AEP agrees that during its use of the Premises it will maintain the Premises
in a neat and orderly fashion, and not permit the accumulation of garbage, trash or
rubbish thereon.
4. Repairs. Upon AEP's cessation of use of the Premises or upon termination of this
agreement, AEP will restore the Premises to as close to the same condition as existed
before its use thereof, all without cost, risk or expense to CITY OF CORPUS CHRISTI,
and repair any damage to the Premises or any other land owned by CITY OF CORPUS
CHRISTI immediately adjacent to the Premises caused by or resulting from any activity
by AEP or its employees, agents and contractors on the Premises.
5. Compliance with Laws. AEP shall not commit or allow to be committed, by act or
omission, any waste or nuisance in or upon the Premises. AEP represents and warrants to
CITY OF CORPUS CHRISTI that all activities performed by AEP, its employees,
agents, and contractors on the Premises shall comply with all applicable laws, statutes,
ordinances, rules and regulations or any governmental authority.
6. Insurance. AEP shall maintain a commercially reasonable amount of comprehensive
general liability insurance covering both personal injury (including death) and property
damage and shall provide proof of same to CITY OF CORPUS CHRISTI upon CITY OF
CORPUS CHRISTI'S written request. AEP agrees that the City of Comus Christi will be
a named additional insured and will provide a waiver of subro atg ion AEP shall require
any contractors or agents accessing the Premises to comply with this same requirement.
7. Indemnification. AEP hereby waives all claims and demands against CITY OF
CORPUS CHRISTI for any loss, damage or injury of any kind to any person or
property arising from any use or act occurring on or upon the Premises. AEP
further agrees to protect, indemnify and hold harmless CITY OF CORPUS
CHRISTI, its directors, officers, agents and employees from and against any claims,
causes of action, suits, judgments, losses, damages and liability of every kind,
including all expenses of litigation, court costs and attorneys' fees for injuries, death
or property damages (including injuries, death or property damage suffered by
AEP's employees or the employees of its agents or contractors) resulting from the
use of the Premises, which occurred, or are alleged to have occurred directly or
indirectly, in whole or in part, from any act, omission, or negligence of AEP or any
of its employees, contractors or agents.
Doc #302174. v2 Date: 524/2006 6:49 PM
8. Notices. All notices shall be in writing and shall be delivered to the following addresses
or at such different addresses as shall be directed by the parties in writing from time-to-
time.
If to AEP: If to CITY OF CORPUS CHRISTI:
AEP Texas Central Company City of Corpus Christi
539 North Carancahua Street 1201 Leopard St.
Corpus Christi, Texas 78478 Corpus Christi, Texas, 78401
Attn: Sr. Land Agent, Land Mgmt. Attn: Kevin Stowers
9. Assignment. AEP may not assign this License Agreement to any party other than an
affiliate, subsidiary or parent without the prior written consent of CITY OF CORPUS
CHRISTI.
10. Entire Agreement. This License Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and all prior agreements, representations
and negotiations between the parties regarding the subject matter are hereby superseded.
This License Agreement shall not be altered or amended except by an agreement in
writing executed by both parties hereto.
11. Survival. Termination of this License Agreement shall not relieve either party of any
obligation that by its nature should survive termination, including but not limited to al]
guarantees and promises of indemnity.
EXECUTED AND MADE EFFECTIVE as of the date first above written.
CITY OF CORPUS CHRISTI
By: ;` ~ ~~~ d /C~
Kevin Stowers - Intenm Director of Engineering
The following is required if the entity is a City
ATTEST:
Br ~-____
Armando Chapa, City Secr ary
AEP TEXAS CENTRAL COMPANY
By:_ J~-,~/~l~Tl~i/ ~~~~/~
Roy A. St awser, Manager of Real EsY to
Asset Management for American Electric
Power Service Corporation,
Authorize Signer
(SEAL)
APPROVED_rS TO FORM:f ~
By: 1N (~~t /
C'ty ttorgey
Print Name: ~~j~o Wl.~,t~l~ ~~
Doc #302774. v2 Date: 5@4/2006 6:49 PM
Exhibit A
Temporary Staging Area Premises
Facility: Memorial Coliseum
Location: 402 S. Shoreline Blvd.
Corpus Christi, Texas 78401
Doc #302174. v2 Date: 524/2006 6:49 PM
McGriff, Seibels & Williams, Inc.
Electronic Description of Insurance Coverage
Named Insured: American Electric Power Company, Inc. and its subsidiaries Effective Date: 07/01/07
Subject to [he Terms of Use posted aI www.mswedoc.com ("Terms of Use"), McGrifi, Seibels & Williams, Inc. ("McGriff' ), the Producer,
makes this electronic description of insurance coverage ("e-DOC") available to you as authorized by the Insured listed above. The a-DOC is
strictly limited for your internal use as provided in the Terms of Use and confers no rights to you. Any other access or use of the a-DOC
without the prior written consent of McGrift is prohibited. Information contained in the a-DOC is effective as of the Effective Date above
and McGriff is under no obligation to update or revise such information. The a-DOC is provided for informational purposes only and does
not amend, alter, extend, or affect in any way the coverages listed.
THE POLICIES OF INSURANCE DESCRIBED HEREIN BELOW HAVE Companies Providing Coverage
BEEN ISSUED TO THE INSURED LISTED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM
OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH A Federallnsurance Company
RESPECT TO WHICH THIS DESCRIPTION MAY BE ISSUED OR MAY
PERTAIN
THE INSUR
N
,
A
CE AFFORDED BY THE POLICIES DESCRIBED B Energy Insurance Services
InC
HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS AND CONDITIONS ,
.
OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS. C Liberty Insurance COrp.
D
E
CO TYPE OF POLICY NO. EFFECTIV EXPIRATI LIMITS
INSURANCE E DATE ON DATE
A General Liability 3710fi3-20 OlJul-2006 OIJuI-2009 Each Occurrence S 1,000
000
Comm
Gen
liability ,
.
.
x Claims Made otter Fire Damage (any one fire) S 50,000
_ Owners & Connectors Prot Med Exp (any one person) S
Personal & Adv. Injury 5 1,000,000
General Aggregate $ 2,000,000
Products/Comp Op Aggregate S 2,000,000
A Auto Liability
z Any Auto 7320-0461 Ol-Jul-2006 O1Ju1-2009 Combined Single Limit S 1,000,000
_ All Owned Autos Badily injury S
scnedtded Amos Per rson
Hired Autos Bodily injury $
Non-Owned Autos
Per accident
Property Damage $
A Workers Comp & 7164-37-23 Ol-Dec-2007 Ol-Dec-2008 X WC Stat Other
Employers' Liability limits
The Proprietor/ x In<I.
Penners/Executive
Excl EL Each Accident S 1,000,000
_
.
onicera
EL Disease Polic Limit
S 1,000,000
EL Disease Each Em to ee S 1,000,000
C Excess Workers' EWl-69N-544591- Ol-Dec-2007 Ol-Dec-2008 AR, -L, IN, KY, LA, Ml, 535,000,000
Compensation 067 (TN) OH, OK,TN, TX,VA, WV
EW7-69N-544591-
057(AOS)
B Excess Liability P03-07-02 01-Ju1-2007 Ol.-u1-2008 Each Occurrence S 4
000
000
Umbrella Form ,
,
x Other Aggregate S 4,000,000
Each Occurrence S
A Railroad Protective 3710-63-12 O1.Iu1-2006 O1Ju1-2009 Each Occurrence/Aggregate S 2,000,000
S 6,000,000
K \EMD\AEP\Certificates\EDOC\070107Edoc.doc
ADDITIONAL INSURED
Additional Insured is any person or organization for whom the Named Insured has specifically agreed by written contract to provide Additional
Insured status, subject to policy terms, conditions and exclusions, provided that:
A) This insurance applies only to each coverage which the Named Insured has agreed to provide by contract, but in no event shall the coverage
exceed the coverage otherwise afforded by the policy;
B) The amount of insurance is limited to that required by such written contract, but in no event shall the limits of liability exceed the limits of
liability provided by the policy;
C) The insurance applies only with respect to liability arising out of the operations, activities or business conducted by or on behalf of the
Named Insured.
WAIVER OF SUBROGATION:
A waiver of subrogation is provided if required in a written conVact with the Named lnsured.
CONTRACTUAL LIABILITY is included under the Commercial General Liability policy.
K:\EM DW EP\Certif cates\EDOC\070107Edoc.doc