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Home My WebLink AboutC2008-250 - 6/18/2008 - NALICENSE AGREEMENT TEMPORARY STAGING AREA This License Agreement is made this ~~ day of , 2008, by and between the CITY OF CORPUS CHRISTI Bill Witt Park an 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, AF.P'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: 1. Use of the Premises. Upon the occurrence of an emergency condition, which interrupts 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. ,~~it~o~' T4+ FE`.~ f' I~ ~ R t/s o S 2. Term_ This T ;~Pn~P Agreement shall remain in effect for a term of Five (3) years, unless 2008-250 y either party upon ninety (90) days notice. AEP's use of the 06/18/08 ~g area for work crews and for the temporary storage of materials, ent shall extend for that period of time reasonably required by AEP AEP Texas Central 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. Reuairs. 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 Corpus Christi will be a named additional insured and will nrovide 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. 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 all guarantees and promises of indemnity. EXECUTED AND MADE EFFECTIVE as of the date first above written. CITY OF CORPUS CHRISTI By: °~~~~- OG/os~/~ Kevin Stower Interim Director of ngineering The following is required if the entity is a City ATTEST: By: (~-^ Armando Chapa, City Secretary AEP TEXAS CENTRAL. COMPANY By~~%~~/i~.~;~~ l~/~/off' Roy A. rawser, Manager of Real Estate Asset Management for American Electric Power Service Corporation, Authorize Signer (SEAL) APPROVED AS TO FORM: By: ~~t.! ity Attorney Print Name: s,~p ,`~~2('S Exhibit A Temporary Staging Area Premises Facility: Bill Witt Park Location: 6869 Yorktown Blvd. Corpus Christi, Texas 78414 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 the Terms of Use posted at www.mswedoc.com ("Terms of Use"), McGriff, Seibels & Williams, Inc. ("McGrifP'), 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 snd confers no rights to you. Any other access or use of the a-DOC without the prior written consent of McGriff 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 Federal Insurance Company RESPECT TO WHICH THIS DESCRIPTION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED g 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 3710-63-20 Ol-Jul-2006 O1Ju1-2009 Each Occurrence $ 1,000,000 Comm. Gen. liability z Claims Mede Ouur Fire Dama a an one fire g ( Y ) S 50,000 -Owners & Contractors Prot Med Exp (any one person) S Personal & Adv. Injury $ 1,000,000 General Aggregate $ 2,000,000 Products/Comp Op Aggregate $ 2,0011,000 A Auto Liability 7320-04-61 Ol-Jul-2006 Ol-Jul-2009 Combined Single Limit S 1,000,000 x Any Auto _ All Oxmed Autos Bodil m'u y I ry S Scheduled Autos Per arson _ Hired Autos Bodily injury S _ Non-Owned Autos Per accident Property Damage $ A Workers Comp & 7164-37-23 01-Dec-2007 Ol-Dec-2008 X WC Stat Other Employers' Liability limits The Proprietor/ x Incl. EL Each Accident S 1,000,000 Panners/Executive _ Excl. otrcera EL Disease Polic Limit S 1,000,000 EL Disease Each Em to ee S 1 000 000 C Excess Workers' EWl-69N-544591- 01-Dec-2007 Ol-Dec-2008 AR, IL, IN, KY, LA, MI, 535,000,000 Compensation 067 (TN) OH, OK, TN, TX, VA, W V EW7-69N-544591- 057(AOS) B Excess Liability P03-07-02 O1Ju1-2007 OlJul-2008 Each Occurrence S 4,000,000 -Umbrella Fonn z Other Aggregate S 4,000,000 Each Occurrence $ A Railroad Protective 3710-63-12 OlJul-2006 O1-Jul-2009 Each Occurrence/Aggregate S 2,000,000 S 6,000,000 R 1EM D\A EP\Cen i Hcates\EDOC\070107 Edoc. doc Description of Operations 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 [hat required by such written contract, but in no event shall the limits of liability exceed [he limits of liability provided by the policy; C) The insurance applies only with respect to liability arising oul of [he 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 contract with the Named Insured. CONTRACTUAL LIABILITY is included under the Commercial General Liability policy. K:\EMDW EP\Certificates\EDOC\070107Edoc.doc