HomeMy WebLinkAboutC2011-218 - 7/12/2011 - ApprovedUSE PERMIT GRANTED TO SUNDANCE FUELS, LTD.
ON THE COOPER'S ALLEY L -HEAD
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
.4L
This Use Permit ( "Permit ") is granted this the P day of , 2011, by the City
of Corpus Christi ( "City "), a Texas municipal home -rule corp ati , to Sundance Fuels,
Ltd. ( "Sundance ").
The City, in consideration of Sundance's faithful performance of the conditions and
covenants contained in this Use Permit, grants to Sundance a Use Permit for the use of
an area on Cooper's Alley L -Head in the Corpus Christi Marina ( "Marina "), upon these
terms as follows:
Section 1. Premises.
(A) City does hereby grant to Sundance the use of, and Sundance does hereby rent
and accept from City, use of sufficient space on the north side of the Cooper's Alley L-
Head (see Exhibit A and Exhibit B) as identified by the Marina Superintendent for
placement of one (1) 13,000 gallon fuel tank, and two fuel pumps, herein referred to as
the "Premises ", to be used for Sundance to construct, operate, and maintain a marine
fuel station.
(B) Sundance acknowledges and agrees that Sundance has been provided, to its
satisfaction, the opportunity to inspect the Premises for any defects as to the suitability of
such property for the purpose to which Sundance intends to put the premises, and is
relying on its own inspection. This Use Permit is subject to all covenants, easements,
reservations, restrictions and other matters of record and not of record applicable to the
Premises.
(C) City is not required to make any expenditure, incur any obligation, or incur any
liability of any kind whatsoever in connection with this Use Permit or the financing,
construction, maintenance, operation, repair, or replacement of the Premises or any
improvements at the Premises.
(D) Sundance acknowledges that it is using the Premises "AS IS" with all faults
as may exist on the premises, and that neither City, nor any employee or agent of
City, has made any representations or warranties as to the condition of such
Premises. Sundance hereby waives any and all causes of action, claims, demands,
and damages based on any warranty, express or implied, including but not limited
to any implied warranty of suitability for a particular purpose, any and all warranties
Sundance Fuels
2011 -218
Ord. 029119
07/12/11
INDEXED
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of habitability, and any other implied warranties not expressly set forth in this Use
Permit.
Section 2. Permitted Uses. Sundance must develop and use the Premises solely as
a self - service boating fuel station for general public use including commercial use
( "marine fuel station ").
Section 3. Term. This Use Permit takes effect on date of final City Council approval.
term of this Use Permit shall be five years from date of final City Council approval.
Thereafter, the Use Permit may continue on a month -to -month basis upon mutual
written agreement of the Sundance President and Marina Superintendent until
terminated upon thirty (30) days written notice.
Section 4. Rent.
For the first year of this Agreement, Sundance must pay the City a base rate of Two
hundred dollars ($200.00) per month, in advance, due and payable on or before the 10
day of every month.
Payments must be made to the order of the City of Corpus Christi and delivered or
mailed to the Corpus Christi Marina Department, 400A North Shoreline, Lawrence
Street T -Head, Corpus Christi, Texas 78401 -2556.
After the first year of this Agreement, the parties agree to re- negotiate the monthly
rents. If new rent is not renegotiated, the rent shall automatically increase each year by
additional 10 %.
Section S. Rent Payment Abatement.
(A) The monthly rent payment may be abated during the time Sundance ceases
operations at the Premises when the Marina Superintendent activates the Hurricane
Plan ( "Hurricane Plan ") which is attached as Exhibit C and incorporated in this Use
Permit by reference; or in the event major repair, renovation or construction prohibits
access to and through the Cooper's Alley L -Head.
(B) In the event that a condition in subsection (A) of this section occurs and
Sundance desires to claim a rental payment abatement, Sundance must notify the
City's Marina Superintendent or the Marina Superintendent's designee ( "Marina
Superintendent") in writing within three (3) business days following the occurrence of a
condition stated in subsection (A) of this section, providing the date, time, and reason
for cessation of business operations and the expected date of resumption of business
operations.
(C) Sundance must resume its fuel station operations as soon as practical after a
condition that caused the cessation of business operations no longer exists. Sundance
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must provide the Marina Superintendent with written notice within 24 hours after
resuming business operations.
(D) The rental payment abatement amount will be a pro rata share of the minimum
monthly payment due.
Section 6. Monthly Financial Statements; Audit of Records. Sundance must keep
strict and accurate books of account, in accordance with generally accepted accounting
procedures and practices, detailing the financial operation of the marine fuel station.
Sundance shall provide Marina Superintendent monthly statements of Gross Sales,
certified by an authorized officer of Sundance, in accordance with generally accepted
accounting principles and procedures and in the form identified on the attached Exhibit
F "Gross Sales" means all sales, produced or sold on the Premises or sold on the
Corpus Christi Marina, excluding credit card transaction fees and excluding sales taxes.
All underlying documentation for Sundance's certified monthly statements, including, but
not limited to, cash register and computer terminal tapes, must be preserved by
Sundance for at least three (3) years. The City Manager may audit Sundance's books
and records at any time to verify Gross Sales for any period within three (3) years prior -
to an audit. "Books and records" includes, but is not limited to, all documents related
to the conduct of the business such as: general ledgers, accounts receivables and
payables, sales journals, inventory records, daily and periodic summary re- ports, cash
register and computer terminal tapes, bank deposit slips, bank statements, tax reports
to State and Federal agencies, and discount and rebate records.
Section 7. Installation of equipment for marine fuel station
(A) Sundance, at its sole expense and effort, shall purchase and install all equipment
and services necessary to operate a new marine fuel station at the Cooper's Alley L-
Head, such construction to be complete within six month from date of final City Council
approval of this Use Permit ( "Required Completion Date "), all equipment and services
including but not limited to those listed on the attached Exhibit E. Any tanks installed
must be portable tanks.
(B) Sundance must not construct any improvements to the Premises without
obtaining the prior written consent of the Marina Superintendent. If the marine fuel
station is not operational under a Certificate of Occupancy by Required Completion
Date described in subsection (A) above, then the City Manager may terminate this
agreement upon thirty (30) days written notice to Sundance without any penalty and
without any payment due to the Sundance.
(C) Sundance, at its sole expense and effort, shall take all actions ready to prepare
the Premises for construction of the new marine fuel station.
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(D) All such construction or work shall be done in compliance with all applicable
building codes, ordinances and other laws, rules and/or regulations of governmental
authorities having jurisdiction.
(E ) Sundance must obtain all required governmental licenses, permits and
authorizations prior to beginning any such construction or work and pay applicable fees.
(F) Prior to commencement of construction, Sundance shall have obtained (and
Sundance shall thereafter maintain) in force and effect during all construction, insurance
coverage in the amounts set forth herein with respect to the type of construction or work
in question and furnish evidence of such insurance to City.
(G) Sundance must provide plans to the Marina Superintendent and Director of
Engineering for review.
(H) Sundance shall not occupy or operate the marine fuel station at the Premises until
appropriate Certificate of Occupancy has been provided to Sundance, with copy
provided to City.
(1) The City, its employees and /or representatives have the right to inspect work on
the Premises at any time during the progress of work and to make a final inspection
upon completion. City may take any action necessary, including directing that work be
temporarily stopped, at Sundance's expense, or require that additional work be done, at
Sundance's expense, to ensure compliance with the plans and /or specifications.
(J) All plans and specifications for the marine fuel station, and all renovations,
remodeling, refurbishing and construction upon the Premises must meet all City fire,
building and other applicable City, state and federal regulations and code requirements,
including Sundance obtaining required building permits.
(K) Preliminary plans are subject to final submission and permit review by the
applicable City departments. Said plans remain subject to final review by the City in the
standard permitting process.
(L) Sundance will enter into a construction contract with a reputable and experienced
contractor and the Marina Superintendent reserves the right to approve the contractor,
which approval shall not be unreasonably withheld, conditioned or delayed.
(M) The costs of developing all plans and specifications as provided herein and the
construction of the marine fuel station and facilities upon the Premises shall be paid
solely by Sundance, without any cost or expense to City whatsoever.
(N) Reserved.
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(0) Sundance shall not allow a
not allow a lien to attach to Sundance'
written approval of the City Manager,
withheld.
lien to attach to the Premises. Sundance shall
s interest in this Use Permit without the prior
which approval shall not be unreasonably
(P) Sundance covenants that all construction, including all workmanship and
materials, will be of first -class quality.
(R) Sundance must include, in all construction contracts entered into, a provision
requiring the contractor, or in the alternative, Sundance, to indemnify, hold harmless,
defend and insure City, including its officers, agents, and employees, against the risk of
legal liability for death, injury or damage to persons or property, direct or consequential,
arising or alleged to arise out of, or in connection with, the performance of any or all of
the construction work, whether the claims and demands made are just or unjust, unless
same are caused by the gross negligence or willful act of City, its officers, agents, or
employees. Sundance must furnish or, in the alternative, require the contractor to
furnish, insurance as required herein.
(S) Sundance shall remain the owner of all improvements or equipment installed at
the Premises by Sundance or its contractor or agent.
Section 8. Sundance Responsibilities. Sundance shall take all actions to operate
and maintain the marine fuel station in good condition at all times, including but not
limited to the following:
(A) Pay for the installation, maintenance, and use of all utilities at the Premises,
including, but not limited to, water, sewer, sanitation, electricity, natural gas, and
telephone;
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(C)
(D)
Comply with all Federal, State, and local laws, rules, regulations, and ordinances,
as each may be amended, including, but not limited to, Chapter 12 of the City's —
Code of Ordinances and the Marina Rules and Regulations, Corpus Christi Fire
Code, and ensure that its employees, agents, and representatives comply as
well;
Maintain the interior and exterior of Premises and all improvements in a good
and safe condition during the term of this Use Permit;
Maintain the marine fuel station at all times in a satisfactory state of repair, as
specified by the Marina Superintendent;
(E) Remove the marine fuel station fuel tanks and related equipment from the Marina
in the event of extensive damage, destruction, regardless of cause, or threat of
hurricane, as set out in Exhibit C;
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(F) Ensure that no pollutant, effluent, liquid or solid waste material, bilgewater, litter,
trash, or garbage issued from the Premises is allowed to collect in the waters of
the Marina or in the vicinity of the fuel station development or parking areas
utilized by customers. Sundance must regularly inspect and police the vicinity of
the Premises for such materials and promptly clean up and remove such
materials (in compliance with applicable laws, regulations and ordinances) in
order to maintain the cleanliness and attractiveness of the Marina;
(G) Ensure that the noise level issuing from the Premises is reasonable and not
discernibly audible to a person of normal hearing .sensitivity standing along the
east curb lines of Shoreline Boulevard (northbound) and not in violation of any
applicable City noise ordinance provisions;
(H) Regularly inspect and maintain fire fighting systems and equipment in the highest
degree of readiness and regularly conduct training for employees in fire
prevention and emergency procedures;
(1) Pay all operating expenses incurred by Sundance in connection with operating its
fuel station & development;
(J) Pay all taxes which may be assessed against the Premises, that are associated
with Sundance use of the Premises, prior to their past due date;
(K) Pay all costs associated to install, purchase, maintain, replace, repair all
equipment and all facilities necessary for Sundance to operate a self - service
boating fueling station at the Premises;
(L) Obtain and maintain compliance with Spill plan approved by applicable regulatory
agencies (U.S. Coast Guard and Texas General Land Office);
(M) In the event of damage to the Premises or any improvements thereon, due to
storm, fire, vandalism or any cause, Sundance shall remove all debris from the
Premises and from the Marina, properly dispose of said debris, and either (1)
restore the Premises to their prior condition within a reasonable time, or (b) turn
over the insurance proceeds to the City. However, if the Cooper's. Alley L -Head
is damaged and City does not repair it within a reasonable time to a condition so
that Sundance can restore the marine fuel station, then this Use Permit shall be
terminated upon thirty days notice without penalty.
Section 9. Repairs and Maintenance.
(A) Sundance is solely responsible for all repairs and replacement of improvements
and equipment at the Premises. For all repairs, Sundance must provide the Marina
Superintendent with a written description of the type of maintenance requested and the
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estim ed time frame to start and complete the maintenance requested, at least one
week prior to the requested start date.
(B) Sundanoeiagrees to provide Marina Superintendent with copy of records
reganJing maintenance (including regular maintenance) for the marine fuel station within
one meek of maintenance.
( C) Sundance at Its sole expense, shall make, or cause to be made, any and all
repairs and replacements necessary to keep the Premises and any improvements on
the Remises in a first -class condition and in safe repair and shall promptly make any
and A ll repairs and replacements. Sundance shall be responsible for causing the
Premises to be maintained, repaired,. and kept in good order and condition at all times,
incl 'no: but not limited to, during construction and upon completion of the
improvements in ?accordance with commercially reasonable standards at no cost to the
city.
Section 10. Relocation due to development at Cooper's Alley L -Head.
Sundence's equipment, tanks, and fuel pumps may need to be relocated from the
origin l Premises; to another area on Cooper's Alley L -Head if deemed necessary by
Marin Superintendent to accommodate efficient use of the Cooper's Alley L -Heed to
allow other development. Such relocation shall be at the expense of the developer.
Such elocation niay necessitate the temporary closure of the marine fuel station, and in
such event, Sundance shall have no claim against the City for any lost revenues or lost
prof , nor for re'mbursement of expenses. If Sundance's equipment, tanks and fuel
pump are relocate then a new Premises exhibit shall be prepared and filed the
City s ecretary al this Use Permit shall continue for the rest of the then - current term
With Sundance utilizing the new Premises area.
11. Fuel Station Operations.
(A) I Sundance shall carry out operations In a businesslike manner at all times.
Sundance shall provide both diesel fuel and unleaded fuel. Sundance shall not charge
more �han 20% move its coats for the fuel. During the first year of this Agreement,
Marina staff shall be contacted via cell phone when a customer desires to utilize the
marin fuel station;, so as to unlock the padlocks to the individual fuel pumps, and to
relock them after.the customer completes their fueling. Marina staff is not required to
remain, on PremOs whilo'the customer fuels their boat. The parties agree to .
renegotiate the Marina staff `role in the marine fuel station gate operations after the first
year o this Agreement.
(B) Sundance shall maintain sufficient fuel on Premises to meet demand. Sundance
shall nsure that the marine fuel station is available for public use 385 days a year, 24
hours per day.
(C) Sundance must comply with applicable laws, regulations, and ordinances,
including without limitation, applicable provisions of the Corpus Christi Fire Code, and
subject to interruptions by Acts of God, to the extent of such interruptions, with both
gasoline and diesel fuel, in the types and quantities sufficient to satisfy public demand
therefore and a separate bulk fueling location at times and in quantities sufficient to
satisfy the public demand for bulk fueling. For the purposes of this agreement, bulk
fueling shall be defined as that type of fueling provided by a tank vehicle as defined in
the Corpus Christi Fire Code. The bulk fueling or arrangements for bulk fueling shall be
promptly provided by Sundance; however, in the event that performance of any portion
of the obligations of Sundance contained in this section constitutes a violation of any
federal, state, local or other governmental body, statute, rule, or regulation, such
performance shall not be required. When a request for bulk fuel is received, Sundance
shall make its best effort to match the needs of the customer with the bulk fuel source
best able and willing to meet such needs. All bulk fueling shall be provided at a site and
by a method approved by the Marina Superintendent and the Fire Chief.
(D) There shall be no permanent or temporary docking on the bulkhead adjacent to
the Premises except for fueling or pump out purposes.
(E) Above Ground Storage ( "AST ") Tank.
(1) Sundance shall manage the above ground storage tank system in full compliance
with all applicable U.S. Environmental Protection Agency, Texas Commission on
Environmental Quality, Texas General Land Office rules and regulations, and
City ordinances.
(2) Sundance shall provide operational training to its employees who operate the
AST system. Training records must be maintained for City inspection.
(3) Sundance shall operate and maintain the AST system so as to eliminate any
potential leaks and spills.
(4) Sundance shall maintain operational fire extinguishers that are accessible at the
fueling area, and also provide all other fire fighting equipment deemed necessary
by the Fire Department.
(5) Sundance must maintain a spill kit to handle potential minor spills. The spill kit
must be maintained at an accessible location at the fueling area.
(6) Sundance shall report all reportable quantity releases to the applicable regulatory
agencies and to the City Fire Department HAZMAT group within one hour of
incident.
(7) Sundance shall take all measures necessary to contain, control, mitigate, and
remediate any releases and spills from the AST system to the satisfaction of the
applicable regulatory agencies.
Section 12. Hurricane Preparedness. If the City or the surrounding area is
threatened by a hurricane or other emergency weather situation, Sundance shall
comply with all orders of the Marina Superintendent pursuant to the Hurricane
Preparedness Plan, as set out in Exhibit C. As part of hurricane preparedness
Sundance agrees to provide to the City Marina Superintendent a written plan_ regarding
how Sundance will secure the facility in times of severe weather. Sundance may be
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required by Marina Superintendent to remove the marine fuel station fuel tank and
related equipment from the Marina.
Section 13. Sanitation. Sundance shall store garbage and trash on the Cooper's
Alley L -Head at a location designated by the Marina Superintendent. Sundance shall
pay all costs for solid waste removal from the Premises. All garbage and trash stored in
designated areas upon the L -Head must be stored in dumpster -type containers. Such
containers must be housed inside a small building, screened or appropriately
landscaped, and all at Sundance's expense and as approved by the Marina
Superintendent. The garbage container area must be maintained by Sundance.
Sundance shall obtain garbage pickup no less than five (5) days per week. Sundance
may not store anything outside either the dumpster itself or the dumpster housing.
Sundance will construct concrete pad beneath dumpster upon request of Marina
Superintendent to reduce damaged to asphalt caused by dumpster service vehicles.
Sundance shall relocate dumpster at Marina Superintendent's direction. Sundance
shall obtain additional dumpster at Marina Superintendent's sole director at Sundance's
sole cost.
Section 14. Parking. Sundance's customers may utilize general public parking on the
stem and head portion of the Cooper's Alley L -Head, provided, however, that such
parking areas may not be utilized by Sundance for the exclusive use of Sundance and
its employees and customers. Parking on the Cooper's Alley L -Head is subject to the
City street closure process. For example, during City - approved street closure of
Cooper's Alley L -Head, Sundance (and its employees and customers) will not have
access to use of parking areas on the Cooper's Alley L -Head.
Section 15. Special Events. Sundance acknowledges that future development may
occur at the Cooper's Alley L -Head. Sundance acknowledges that City may authorize
special events on the Marina which may impact Sundance's operations on a temporary
basis, including street closures. If deemed necessary by the Marina Superintendent,
the Marina Superintendent may require Sundance to close the marine fuel station
operation from the time the special event set up begins, until the time that the special
event take down has concluded.
Section 16. Sanitary Sewer.
(A) Sundance shall operate its sanitary sewer facilities in accordance with the City
Code of Ordinances, Section 13 -201, as amended, and City Code of Ordinances,
Chapter 55, Article XI, Commercial and Industrial Waste Disposal and
Pretreatment, as amended.
(B) The City warrants sewer service from the lift station only so long as electrical
service to the station is not disrupted by storm, accident or other hazards, or
catastrophe. Standby power to operate the lift station is not available at the
beginning of this Use Permit nor is it planned by the City.
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Section 17. Inspection. Any officer or authorized employee of the City may enter
upon the Premises, at all reasonable times and without notice, to determine whether
Sundance is providing maintenance required by this Use Permit, to inspect the
operations, to enforce this Use Permit, for purposes of any fire or police action, or for
any other purpose incidental to the City's retained rights of and in the Premises.
Section 18. Signs and Lighting.
(A) Sundance may not exhibit, inscribe, paint, erect, or affix any signs, advertisements,
notices, or other lettering ( "Signs ") at, on, or about the Premises, or any part thereof,
without the prior written approval of the City Manager. Sundance must maintain proper
signage to identify the type of fuel at each fuel pump, and price.
(B) Sundance may not erect or affix any new or modified lighting fixtures ( "Lighting ")
at, on, or about the Premises, or any part thereof, without the prior written approval of
the City Manager.
(C) If approved, the new or altered Signs and Lighting must comply with the City's
Code of Ordinances and the City's zoning ordinance, as each may be amended.
Section 19. Assignment or Sublease.
(A) Sundance may not, without the prior written consent of the City's City Council
( "City Council "), such consent not to be unreasonably withheld, assign this Use Permit
or sub- lease any portion of the Premises. Any attempted assignment or sublease,
without the prior written consent of the City Council may, in the City Manager's sole
discretion, render this Use Permit null and void.
(B) In the event of the City Council's consent to an assignment or sublease of this
Use Permit, each provision, term, covenant, obligation, and condition required to be
performed by Sundance must be binding upon any assignee or sub0lessee and is
partial consideration for the City Council's consent to the assignment or sublease. Any
failure of the assignee or sub- lessee to strictly comply with each provision, term,
covenant, obligation, and condition stated in this Use Permit may, in the City's
Manager's sole discretion, render this Use Permit null and void.
Section 20. Non - discrimination. Sundance covenants and agrees that it shall 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, gender, 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 such action as the United States may direct to enforce this
covenant. Violation by Sundance of this covenant constitutes grounds for the City to
immediately terminate this Use Permit.
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Section 21. Relationship of Parties. This Use Permit establishes a landlord /tenant
relationship, and none other, and this Use Permit must be construed conclusively in
favor of that relationship. In performing this Use Permit, both the City and Sundance
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 whatsoever.
Section 22. Termination and Late Payment penalty.
(A) Upon default. The City may terminate this Use Permit if Sundance fails to
comply with any provision, term, covenant, obligation, or condition of this Use
Permit and fails or refuses to cure the default after receiving thirty (30) days
written notice of the default.
(B) Without cause. Either party may terminate this Use Permit at any time without
cause and without penalty upon six (6) months advance written notice.
(C ) If Sundance issues any payments to City after their due date, Sundance shall be
responsible to pay a late payment fee of fifty dollars along with interest accruing at
the rate of five percent per month (or the maximum amount permitted by law,
whichever is less) until full payment has been received by the City.
Section 23. Indemnification.
(A) In consideration of allowing Sundance to use the Premises,
Sundance ( "Indemnitor ") covenants to fully indemnify, save and hold
harmless the City, its officers, agents, representatives, and
employees (collectively, "Indemnitees ") from and against any and all
claims, demands, actions, damages, losses, costs, liabilities,
expenses and judgments asserted against or recovered from the City
on account of injury or damage to persons or property (including,
without limitation on the foregoing, premises defects, workers'
compensation, and death claims), 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 part. (9)
Sundance's performance pursuant to this Use Permit; (2) Sundances'
use of the Premises and any and all activities associated with the fuel
provided at the Premises; (3) the violation by Sundance, its officers,
employees, agents or representatives or by Indemnitees of any law,
rule, regulation, ordinance, or government order of any kind
pertaining directly or indirectly to this Use Permit; (4) the exercise of
rights under this Use Permit; or (5) an act, omission, or violation on
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the part of Sundance, its officers, employees, agents, representatives,
contractors, patrons, guests, licensees or invitees entering upon the
Premises with or without the express or implied invitation of
Sundance, or of Indemnitees, pertaining to this Use Permit, including
any environmental, health or safety damages or exposures which
occur at or arise from the Premises, regardless of whether the injury,
damage, loss, violation, exercise of rights, act, omission or criminal
violation is caused or is claimed to be caused by the sole,
contributing or concurrent negligence of Indemnitees, but not if such
damage or injury results from the willful misconduct of the
Indemnitees.
(B) Sundance covenants and agrees that, if the City is made a party
to any litigation against Sundance or in any litigation commenced by
any party, other than Sundance relating to this Use Permit, Sundance
shall, upon receipt of reasonable notice regarding commencement of
litigation and at its own expense, investigate all claims and demands,
attend to their settlement or other disposition, defend the 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 said claims,
demands, actions, damages, losses, costs, liabilities, expenses or
judgments.
(C) The provisions of this section survive the earlier termination or
expiration of this Use Permit.
Section 24. Insurance.
(A) Sundance must provide insurance in the amounts and types of coverages
required by the City's Risk Manager or the Risk Manager's designee ( "Risk
Manager ") as required in attached Exhibit D which is incorporated herein by
reference. Sundance must provide the City's Marina Director and the Risk
Manager with a Certificate of Insurance, stating the levels and types of
coverages, at least 30 days prior to the annual anniversary date of the effective
date of this Use Permit.
(B) The language on the Certificate of Insurance must provide that the City's Marina
Director and the Risk Manager receive at least 30 days advance written notice,
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by certified mail, of any cancellation, non - renewal, or material change in the
insurance as required in Exhibit D.
(C) The Risk Manager retains the right to annually review the limits and types of
insurance required by this Use Permit, to require increased coverage limits and
types, if necessary in the interest of public health, safety, or welfare, or to
adequately insure the Premises, and to decrease coverage, if so warranted. In
the event of any necessary increase, Sundance will receive at least 30 days
written notice of the revised re- insurance requirements. Sundance shall procure
the revised insurance limits and types within 30 days of receipt of written notice
of the revised insurance requirements and provide written proof of insurance to
the City's Marina Superintendent and the Risk Manager.
(D) Sundance shall, prior to the construction of any improvement, addition, or
alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from
the Risk Manager that the proposed improvement, addition, or alteration will not
necessitate a change or modification in the existing insurance coverage
maintained by Sundance. In the event that the Risk Manager determines that the
improvement, addition, or alteration necessitates increased insurance coverage,
Sundance shall procure such increased insurance coverage within the time
specified by the Risk Manager.
Section 25. Compliance with Law. Sundance shall comply with all Federal, State,
and City laws, rules and regulations in the operation of the marine fuel station and all of
Sundance's uses at the Premises. Sundance shall maintain all required licenses and
permits to continue operations at the marine fuel station. Sundance shall display
required licenses or permits upon request of Marina Superintendent.
Section 26. Notice.
(A) All notices, demands, requests, or replies provided for or permitted by this Use
Permit must be in writing and may be delivered by any one of the following
methods: (1) by personal delivery; (2) by deposit with the United States Postal
Service as certified mail, return receipt requested, postage prepaid, to the
addresses stated below; or (3) by deposit with an overnight express delivery
service.
(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 overnight express delivery service will
be deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier.
(C) All such communications must be made only to the following:
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IF TO THE CITY
City of Corpus Christi
Attn: Marina Superintendent
400A North Shoreline Blvd.
Lawrence Street T -Head
Corpus Christi, TX 78401 -2556
IF TO SUNDANCE
Sundance Fuels, Ltd.
P. 0. Bo 2495
Spring, Texas 77383
(D) Either party may change the address to which notice is sent by using a method
set out above. Sundance shall notify the City of an address change or fax
number change within ten (10) days after the address or number is changed.
Section 27. No debts. Sundance shall not incur any debts or obligations on the credit
of the City during the term of this Use Permit and including during any holdover period
that may occur.
Section 28. Modifications. No other changes or modifications to this Use Permit may
be made nor any provision waived unless made in writing and signed by persons duly
authorized to sign agreements on behalf of each party.
Section 29. Interpretation; Venue. This Use Permit is to be interpreted according to
the Texas laws which govern the interpretation of contracts. Venue lies in Nueces
County, Texas, where this Use Permit was entered into and will be performed.
Section 30. Publication. Sundance agrees to pay the cost of newspaper publication
of this Use Permit and related ordinance, as required by the City Charter, in the legal
section of the local newspaper.
Section 31. Waiver. The failure of either party to complain of any act or omission on
the part of the other party, no matter how long the same may continue, will not be
deemed a waiver by said party of any of its rights under this Use Permit.
Section 32. Force Majeure. No party to this Use Permit is 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, or riots or interference by civil
or military authorities. Such delays or failures to perform extend the period of
performance until these exigencies have been removed. Sundance shall inform the City
in writing of proof of such force majeure within three (3) business days or otherwise
waive this right as a defense.
Section 33. Surrender. Sundance acknowledges and understands that the City's
agreement to grant use of the Premises to Sundance is expressly conditioned on the
understanding that the Premises, must be surrendered upon the expiration, termination,
15
or cancellation of this Use Permit in as good a condition as received, reasonable use
and wear, acts of God, fire and flood damage or destruction where Sundance is without
fault, excepted. Any personal property remaining at the Premises after termination date
shall be disposed of by City in any manner deemed appropriate by City, with Sundance
to pay City's disposal costs within thirty (30) days of receipt of invoice. Sundance must
cause the removal of any of its equipment without damage to the Premises. Sundance
remains responsible for payment of any damages caused by removal of equipment and
improvements from the Premises at the termination or expiration of this use Permit.
Section 34. Enforcement Costs. In the event any legal action or proceeding is
undertaken by the City to repossess the Premises, collect the rent payment(s) due
pursuant to this Use Permit, collect for any damages to the Premises, or to, in any other
way, enforce the provisions of this Use Permit, Sundance agrees to pay all court costs
and expenses and such sum as a court of competent jurisdiction may adjudge
reasonable as attorneys' fees in said action or proceeding or, in the event of an appeal,
as allowed by an appellate court, if a judgment is rendered in favor of the City.
Section 35. Survival of Terms. Termination or expiration of this Use Permit for any
reason does not release either party from any liabilities or obligations set forth in this
Use Permit that (1) the parties have expressly agreed survive any such termination or
expiration, including, but not limited to, Section 22, 23, 24, and 35; (b) remain to be
performed; or (c) by their nature would be intended to be applicable following any such
termination or expiration.
Section 36. Acknowledgment and Construction of Ambiguities. The parties
expressly acknowledge that they have each independently read and understood this
Use Permit. By Sundance execution of this Use Permit, Sundance agrees to be bound
by the terms, covenants, and conditions contained in this Use Permit. Furthermore,
Sundance acknowledges and understands that this Use Permit is not binding on the
City until properly authorized by the City's City Council and executed by the City
Manager. By agreement of the parties, any ambiguities in this Use Permit are not to be
construed against the drafter.
Section 37. Severability. If, for any reason, any word, phrase, paragraph, provision,
or section of this Use Permit or the application of such language to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable under present or
future law effective during the term of this Use Permit or by a final judgment of a court of
competent jurisdiction, then the remainder of this Use Permit, or the application of said
language to persons or circumstances other than those as to which it is held illegal,
invalid, or unenforceable, will not be affected hereby, for it is the definite intent of the
parties to this Use Permit that every word, phrase, paragraph, provision, or section of
this Use Permit be given full force and effect for its purpose.
Section 38. Entire Agreement. This Use Permit document and the incorporated and
attached exhibits constitute the entire agreement between the City and Sundance for
16
the purpose granted. All other agreements, promises, and representations, oral or
otherwise, with reference to the subject matter hereof, unless contained in this Use
Permit, are expressly revoked, as it is the intention of the parties to provide for a
complete understanding within the provisions of this Use Permit and its exhibits of the
terms, conditions, promises, and covenants relating to Sundance operations and the
Premises to be used in the operations.
EXECj`JTED IN DUPLICATE, each of which shall be considered an original, on this the
day of , 2011.
ATTEST:
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM
Assistant C' ttorney
for the City Attorney
SUNDANCE:
Name' - K. y
Title:
Date:
STATE OF TEXAS §
G, rr / 1 §
COUNTY OF §
CITY OF CORPUS CHRISTI
C " 2��
f cRonald L. Olson
l City Manager
C , 2011.
ilLo I 19 AUTHORIZED
f.RRR..1•
SEORI�'ARY
This i tram nt was acknowledged before me on the day of -
2011, by of _� ) Q rS_ on behalf of
Notary Public, State of Texas
xkrhw /��' Printed Name
Commission expires: 2
c$� PAY FU
KWANG HO PARK
My Commission Expires
January 3, 2012
S ri re of ic.��i
17
18
EXHIBIT A
C Christi
-�-- Mu nic ip a l Marina
City of A division qf the - - --
S ol- P us Pa1': �'G1'er`t1011
C lzxi�ti
:.ChrQ�tuGlirlsU
FISHING PIER
Ir .ROCK GROIN" RESTAURANT
w
�3 _ • PIER �
"G" PIER
STATE' -OF
11 N, 1 T
FLUATING I ? BOATERS'
3 ' fiES'fROOM,
YiITFk f SHOVIER &
PUMPOOT —_ 4 ;„ r LAUNDRY-
R'- p pp pp (pI .. -fpl�gg FACILITY
PUBLIC
9 •�. ,RESTROO M-
F ".PIER 'g
Y
"E" PIER pp !!�� nn ££
33r RESTAURANT.
..0.. PIER�
"C" PIER:
RESTROOM,
SHOWER &
LAUNDRY
L
M -, DOCKS
BAY VACNT CLUB -' RESTROOM
{' `fr . -e• MARINA:
"A" PIER
r �:r ..M„ PIER
d1:w "L" PIER ..
'•MOR F••.PIEA 60A1 RAMP
;7
SANITARY PPUMPOt1T
C.
C'OOpER•SAL.LE`'�. RAIi STAND -
N+lo PUBLIC RESTROOMS
ROA7ERS! RESTItUOM:,
F. SI IOWER B LAl1NDRY
- FACILITIES
s,
-3 •'R" PIER STATE- OF•THE -ART .
FLOATING DOCKS
McGEE BE WITH PUMP.OUT'
m
EXHIBIT B
.$ET NAIL 6
0
t. Rva•el[ tl. OCk•. ae¢letered Pro[c••ERaal Laad
SRrre7a c, hereby ce rtliy the[[he Cprv¢REa¢ mep
wR• prepared - from R eurxe,7 m•derH ib daY r e£ d
der my etrvc[ipa.
This the �..
MRACU _ . xooi
�1
RROekk c
As
Stale o£ To.m* Lfc• 5.241
30 0 30 Po
Scale In Feet
COOPERS ALLEY L -HEAD
FUEL STATION LEASE
owiar CrrY OF CLMi:W O5 RISTI. 7EX4S
SEM A 7RACr CF LMD GWrAINIA[? Q057 A03TS MAX8 Sa FTd
CLq Clc 7M7- CMTArN LAACM 4= AL" 771E B4Yl-74Wr CF CO4
C3i7ISTr, 7EXi$ AWhN AS 7l£ C00%RS ALLEY L4,lA0
'Oft L
,�P o
RUSSELL D. OCHS.
r 9g A° � ssioN O�
\ 'k4 51�R���iJ
CITY of CORPUS CHRISA 'TE'XAS
Cop& @l7t of Eng neerbV &Mces
Strvey Owsion
Ltrte : 03 / 07 / ZM
C1-evn By : Rnn
F7d:het: 950x9 - CYXaom's AIIeY L fev FLel Station irk 4 Pea'aa0
AYrmnu�solt /scrvdY�/�eY�-0' ..
BC&Vvs era [?th ratwa a to ilte soatl ysta lY
,. rt4ht- of rfne. of KJtme Street es Dom' alao7
hh
to rums ratevl4oa Ix rec+ 4 d.ln O=xwt
P8OPQ.W of am lkatl.l?acarm of ftAm l Canty
,
0 0,
Opp. oo
IS - SPIKE'
bti
aALvANIzEG sPIKE
.$ET NAIL 6
0
t. Rva•el[ tl. OCk•. ae¢letered Pro[c••ERaal Laad
SRrre7a c, hereby ce rtliy the[[he Cprv¢REa¢ mep
wR• prepared - from R eurxe,7 m•derH ib daY r e£ d
der my etrvc[ipa.
This the �..
MRACU _ . xooi
�1
RROekk c
As
Stale o£ To.m* Lfc• 5.241
30 0 30 Po
Scale In Feet
COOPERS ALLEY L -HEAD
FUEL STATION LEASE
owiar CrrY OF CLMi:W O5 RISTI. 7EX4S
SEM A 7RACr CF LMD GWrAINIA[? Q057 A03TS MAX8 Sa FTd
CLq Clc 7M7- CMTArN LAACM 4= AL" 771E B4Yl-74Wr CF CO4
C3i7ISTr, 7EXi$ AWhN AS 7l£ C00%RS ALLEY L4,lA0
'Oft L
,�P o
RUSSELL D. OCHS.
r 9g A° � ssioN O�
\ 'k4 51�R���iJ
CITY of CORPUS CHRISA 'TE'XAS
Cop& @l7t of Eng neerbV &Mces
Strvey Owsion
Ltrte : 03 / 07 / ZM
C1-evn By : Rnn
F7d:het: 950x9 - CYXaom's AIIeY L fev FLel Station irk 4 Pea'aa0
AYrmnu�solt /scrvdY�/�eY�-0' ..
s
hh
q r rO ,
0 N
,
0 0,
Opp. oo
POINT OF �SMINVINO
SET so PEANY
a
° ate fi uF�s � ! ,
RpR�cs
aALvANIzEG sPIKE
Sr•97Eyb ( h,
b
9 POOZNT�OF C EACEM1}ENT ILL J-M
SET NAIL. B. DISK
Nye, .2 Ar X4 4
Ys Sq
IN SIDEWALK
3
rOn oO•� � ter/
p�
N�6 ! @:i
.$ET NAIL 6
0
t. Rva•el[ tl. OCk•. ae¢letered Pro[c••ERaal Laad
SRrre7a c, hereby ce rtliy the[[he Cprv¢REa¢ mep
wR• prepared - from R eurxe,7 m•derH ib daY r e£ d
der my etrvc[ipa.
This the �..
MRACU _ . xooi
�1
RROekk c
As
Stale o£ To.m* Lfc• 5.241
30 0 30 Po
Scale In Feet
COOPERS ALLEY L -HEAD
FUEL STATION LEASE
owiar CrrY OF CLMi:W O5 RISTI. 7EX4S
SEM A 7RACr CF LMD GWrAINIA[? Q057 A03TS MAX8 Sa FTd
CLq Clc 7M7- CMTArN LAACM 4= AL" 771E B4Yl-74Wr CF CO4
C3i7ISTr, 7EXi$ AWhN AS 7l£ C00%RS ALLEY L4,lA0
'Oft L
,�P o
RUSSELL D. OCHS.
r 9g A° � ssioN O�
\ 'k4 51�R���iJ
CITY of CORPUS CHRISA 'TE'XAS
Cop& @l7t of Eng neerbV &Mces
Strvey Owsion
Ltrte : 03 / 07 / ZM
C1-evn By : Rnn
F7d:het: 950x9 - CYXaom's AIIeY L fev FLel Station irk 4 Pea'aa0
AYrmnu�solt /scrvdY�/�eY�-0' ..
20
=K4 N W k K6,
HURRICANE PREPAREDNESS PLAN
This Hurricane /Emergency Action Plan (hereafter Plan) for Fuel Station Facility operated by
Sundance Fuels, "Ltd." (hereafter Sundance) property and facility has been developed with the
coordination and approval of the Emergency Management Office and the Marina and Police
Departments of the City of Corpus Christi. It is current for the hurricane season and
thereafter until replaced, rescinded or amended. This Plan will be reviewed by the Marina
Superintendent and from on an
annual basis prior to June 1 st and any updates, corrections and /or revisions will be forwarded to
the Emergency Management Office by that date.
FUEL STATION•
Owner's Name: (,� AM `S1
Ofc.Tel. #: ?,��J ^ . 7 ?5a - �% lyb
Main Ofc.Tel. #• 261.553 -
Fax: _ U • X153. 1 - 7-
Res.: M I - Y3v -
Mobile: 1041 -. t#�'�Z•
Manager (1):
Name:
Ofc.Tel. #:
Main Ofc.Tel. #:
Fax: t W.
Res. 04 7
Mobile: 2 -Al- gSo- S
Manager 2� ):' i
Name: c �'
Ofc.Tel. #:
Main Ofc.Tel. #: • D 3
Fax:0
Res.
Mobile: - D
CORPUS CHRISTI MARINA KEY PERSONNEL - Office: 826 -3980 (24 hours) Cell: 813-
0557
Peter Davidson, Marina Superintendent, Mobile: 537 -2463; Radio 9898; Office: 826 -3980
21
Rene Garza, Marina Supervisor, Mobile: 215 -7690; Radio #897 Office: 826 -3980
GOVERNMENT OFFICES
Police Department .................. 886 -2600 National Weather Service
Fire Department ..................... 826 -3900 Recorded Forecast ......... 289 -1861
Emergency Operating Center ...... 826 -1100 Office ........................ 289 -0959
Emergency Management Office ... 826 -1100 Parks & Recreation Office 826 -3461
GENERAL PROVISIONS
1. The order to implement the Plan may be issued by the Mayor, City Manager, Emergency
Management Coordinator, Marina Director or Marina Superintendent.
2. It shall be the sole responsibility of Sundance to remove from the premises all equipment,
inventory, fuel, fuel tanks, fuel pumps and related equipment, furniture, materials,
supplies, all portable units/buildings and to secure the facilities.
3. It shall be the sole responsibility of Sundance to insure no pollutants enter the waters of
the Marina from any operation owned/operated by Sundance i.e., fueling operations,
garbage, materials, grease traps, etc.
4. All owners /operators, managers, employees will be required to evacuate the Marina
Complex when conditions threaten human safety as determined by the Police Chief or
Marina Superintendent. The Marina Staff will secure the Marina Complex and ensure all
persons are notified of the danger.
5. The Marina Office has issued Emergency Passes to key Sundance employees. Access to
the Marina Complex will be restricted to persons presenting evidence of tenancy issued
by the Corpus Christi Municipal Marina (i.e. a copy of the Use Permit document or a
Marina Emergency Pass).
INCREASED READINESS ACTIONS FOR VARIOUS CONDITIONS
This Plan is framed around four "conditions" which represent varying degrees of threatened
emergencies and is based on the action to be taken as these conditions are known to develop
through information received from the National Weather Service or any other sources. These
conditions are as follows:
CONDITION NUMBER 4 - Beginning of Disaster Vulnerability Season - This condition will
be used by emergency services personnel to refer to a situation which causes a higher degree of
disaster possibility than is normally present. This condition will automatically go into effect
upon such occurrences as the beginning of the Hurricane Season (June 1st each yeah,
remaining in effect through November 30th each year); or other general conditions; such as
fire threat, due to severe drought.
CITY ACTION The City will initiate general increased readiness activities, submit all updated
Plans and utilize the media and other sources to recommend various protective actions to the
public.
FUEL STATION ACTION Ztek m, 44 ( of L Ge e S will review
the Plan and provide updat d information for the Plan to the Marina Superintendent no later than
June 1st. t 74?&g. P will prepare a contingency plan for (1) disconnecting
power and/or utility services from all portable building(s); (2) removing all portable building(s)
from the premises; (3) removing all fuel, fuel tanks and related equipment; (4) removing objects
from outside the fuel facility; and (4) otherwise securing the premises.
CONDITION NUMBER 3 - Situations Exist that Could Develop Into Hazardous Condition
- This condition will be declared by the City Manager or Emergency Management Coordinator to
identify a situation which presents a greater potential threat than "CONDITION 4" but no
immediate threat to life or property. This condition might be generated by such events as a
hurricane watch, tornado watch, severe thunderstorm watch, or presence of hazardous material in
transit through the city by rail, truck or other means.
One such situation when Condition 3 will be declared is when the course of a hurricane has been
established and the National Weather Service predicts a likely landfall within thirty -six hours
and/or within one hundred miles of the City of Corpus Christi.
CITY ACTION The Marina Superintendent or his designee will:
- Advise t ;p4`l ! -1 of any changes in Condition as advisories or
declarations are received.
Advise es IN IF and WHEN information is received on utility shut
offs. The retail electric provider secures their service when they determine it is in
jeopardy without notice to the Marina. The Marina may shut off power if high waters
make conditions dangerous.
initiate /continue removal of watercraft from the Marina Complex until it is determined
the operation is unsafe due to weather /road /equipment conditions. Marina rescue boats
will be hauled out prior to cessation of haul out operations.
relocate essential City records, tools, equipment and supplies to a safe location.
- ensure all loose items in Marina are secured.
FUEL STATION ACTION
Cease all normal operations of the fuel station and/or gift shop and begin securing the
facilities.
- Consult with the Marina Superintendent relative to the fuel operation; make arrangements
for removal of any and all above grounds tanks, fuel, oil drums or related equipment, but
continue fueling until weather conditions necessitate removal of tanks or Condition 2 is
declared.
make arrangements for the removal of all refrigerated foods from the premises.
Make arrangements to have all grease traps vacuumed, if applicable.
Make arrangements for removal of any equipment, dumpsters, building materials,
vending machines, potted plants, street furniture or other objects owned or leased by or
placed on the premises by Fuel Station.
Make arrangements for all furnishings except for fixtures to be moved out of the Marina.
CONDITION NUMBER 2 - Situations Exist That Have Definite Characteristic of
Developing Into A Hazardous Condition - This condition will be declared by the City Manager
or Emergency Management Coordinator to identify a hazardous situation which has a significant
potential and probability of causing loss of life and/or damage to property. CONDITION 2 will
usually require some degree of warning the public of a potential disaster.
This condition might be generated by such events as a hurricane warning, tornado warning,
severe thunderstorm warning or any other notification of the existence of a direct threat such as a
toxic material spill, major fire, growing civil disturbance, etc.
One such situation when this condition will be declared is when the National Weather Service
indicates the possibility of a hurricane landfall within twenty -four hours close enough to cause
damaging winds or rising tides in the City of Corpus Christi.
CITY ACTION
complete any remaining hurricane preparations and begin evacuating all persons from the
Marina Complex.
FUEL STATION ACTION
complete any remaining hurricane preparations
evacuate all employees from the Marina.
CONDITION NUMBER 1 - Hazardous Conditions Are Imminent - This condition will be
used to signify occurrence of a major emergency IS imminent. Events such as a hurricane strike,
landfall predicted in 12 hours or less tornado strike, large explosion, widespread civil
disturbance, damaging tides or other similar events will constitute a "Condition One"
declaration.
CITY ACTION
ensure that all hurricane preparations throughout the Marina Complex have been
completed and all persons have evacuated the Marina Complex.
FUEL STATION ACTION
tp� �.ycyG Fuel Station will have completed all preparations prior to this Condition
and are required to evacuate all _ _ Fuel Station employees from the Marina
Complex.
HURRICANE PASSED
Marina staff will report to duty, as directed by the City's Bad Weather Policy, for damage
assessment and appraisal, facility clean up and repair, launching operations, security, etc. Access
to the Marina Complex will be restricted to persons presenting evidence of tenancy issued by the
Corpus Christi Municipal Marina (i.e. a copy of the Use Permit document or a Marina
Emergency Pass).
APPROVED on the dates written.
LIN
Fuel Station at the Cooper's Alley L -Head
Date:
Date:
City of Corpus Christi, Marina Department
I:
Date:
City of Corpus Christi, Police Department
I:
Date:
City of Corpus Christi, Emergency Management Office
Date:
25
CITY OF CORPUS CHRISTI
FINANCE DEPARTMENT / PURCHASING DIVISION
MINORITY BUSINESS ENTERPRISE INFORMATION FORM
THIS FORM MUST BE SUBMITTED
ALONG WITH PROPOSAL
PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY
BUSINESS. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY
INCLUDE:
❑ YES NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB)
Select 1 t at are appropriate:
❑ ASIAN PACIFIC
❑ BLACK
❑ HISPANIC
❑ NATIVE AMERICAN
❑ WOMAN
Please visit the following website for information on becoming a Certified HUB:
http,//www.window.state.tx.us/Trocurement/pro /hub/
❑ YES >6 NO - LOCAL SMALL BUSINESS (LSB)
A for - profit entity employing less than 49 employees located within the City limits of Corpus Christi, 'texas
[]YES ❑ NO OTHER (PLEASE SPECIFY):
THIS COMPANY IS NOT A CERTIFIED HUB or LSB
THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR
STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE
AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN
COMPANY.
BID INVITATION NO: BI- -
Firm Name:
Address:
City:
State: I � Zip:
Telephone: 2*/ -3j 3- g6ffl6Ext.
Fax: W �3- I{/ q7-
E -mail:
Date:
Signature of
Y
rson Authorized to Sign Form
Signer's Name: aM Title:
(Please print or e
,Po e, I /
26
SUPPLIER NUMBER
TO BE ASSIGNED BY rrY —
PURCHASING DIVISION
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with "NA ". See reverse side for definitions.
COMPANY NAME:
I' • :s.
STREET ADDRESS: 4 5i CITY
FIRM IS: 1. Corporation Partnership
4. Association 5. Other
S ZIP:
3. Sole Owner
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name , J � /J Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3 °/ or more of the ownership in the above named "firm,"
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name k Consultant
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Title:
(Type or Print)
27
Signature of Certifying Person: Date:
28
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -
time basis, but not as an independent contractor.
c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non- profit organizations.
d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation
29
EXHIBIT D
Sundance must not commence work under this agreement until all insurance required has been
obtained and such insurance has been approved by the City. Sundance must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has
been obtained.
Sundance must furnish to the City's Risk Manager or designee, 2 copies of Certificates of
Insurance, showing the following minimum coverage by an insurance company(s) acceptable to
the City's Risk Manager. The City must be named as an additional insured on the General
liability policy, and a waiver of subrogation in favor of the City is required on all applicable
policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation is required on
Bodily Injury and Property Damage
all certificates or by endorsement of the policies
Per occurrence - aggregate
Marina Operators' Liability coverage including:
$1,000,000 Combined Single Limit
1. Premises Liability — Broad Form CGL
2. Products/ Completed Operations
3. Contractual Liability
4. Fire Legal Liability
6. Personal & Advertising Inju
Business Auto Liability
$1,000,000 Combined Single Limit
1. Owned vehicles
2. Hired & non -owned vehicles
3. MCS -90 endorsement for Fuel truck
Environmental Impairment Liability to include:
$1,000,000 per claim
Broad Form Pollution Liability Coverage
Third Parry Clean u (AST/ UST coverage
Which Complies with the Texas Workers'
Worker's Compensation
Compensation Act and Section II of this Exhibit
Employers' Liability
$500,0001$500,000 / $500,000
Proposer will be responsible for their insurable
Property Insurance
interest in their property and any and all damage
to equipment used regardless if owned, rented,
leased or borrowed.
30
In the event of accidents of any kind, Sundance must furnish the Risk Manager with copies of all
reports of any accidents within 10 days of the accident.
Sundance must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and with
endorsements approved by the Texas Department of Insurance. The coverage provided must be
in amounts sufficient to assure that all workers' compensation obligations incurred will be
promptly met.
Sundance's financial integrity is of interest to the City; therefore, subject to Sundance's right to
maintain reasonable deductibles in such amounts as are approved by the City, Sundance shall
obtain and maintain in full force and effect for the duration of this Contract, and any extension
hereof, at Sundance's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's
rating of no less than A- VII.
The City shall be entitled, upon request and without expense, to receive copies of the policies,
declarations page and all endorsements thereto as they apply to the limits required by the City,
and may require the deletion, revision, or modification of particular policy terms, conditions,
limitations or exclusions (except where policy provisions are established by law or regulation
binding upon either of the parties hereto or the underwriter of any such policies). Sundance shall
be required to comply with any such requests and shall submit a copy of the replacement
certificate of insurance to City at the address provided below within 10 days of the requested
change. Sundance shall pay any costs incurred resulting from said changes. All notices under this
Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -4555- Fax #
Sundance agrees that with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and
activities of, or on behalf of, the named insured performed under contract with the City,
with the exception of the workers' compensation and professional liability polices;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
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• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non - renewal or material change in coverage, and not less than
ten (10) calendar days advance written notice for nonpayment of premium.
Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage,
Sundance shall provide a replacement Certificate of Insurance and applicable endorsements to
City. City shall have the option to suspend Sundanec's performance should there be a lapse in
coverage at any time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
In addition to any other remedies the City may have upon Sundance's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein required,
the City shall have the right to order Sundance to stop work hereunder, and/or withhold any
payment(s) which become due to Sundance hereunder until Sundance demonstrates compliance
with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Sundance
may be held responsible for payments of damages to persons or property resulting from
Sundance's or its subcontractors' performance of the work covered under this agreement.
It is agreed that Sundance's insurance shall be deemed primary and non - contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this contract.
It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this contract.
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EXHIBIT E
Scope of Work
(1) Sundance shall provide the required labor, material and equipment in order to install
one (1) 13,000 Gallon, UL208S; Double -Wall Above Ground Storage Tank (Split 10, 000 for
diesel fuel and 3,000 for unleaded fuel) with Triple- Layered Marine Grade Paint on the existing
concrete pad. The scope of work includes extension of the existing concrete pad, removal of
existing dispenser concrete pad, installation of new dispenser concrete pad, new tank, tank hardware,
stainless steel valves, accessories, vents, product piping, fill piping, stainless steel remote fill
containments and installation labor.
(2) Sundance shall provide the required labor, material and equipment in order to install two (2)
PMC FH -510 35 -GPM Marine Fuelhouse Retail Dispenser (1 for unleaded and 1 for diesel) and one (1)
PMC FH -515 60 GPM Marine Fuelhouse Retail Dispenser for High Volume Diesel. The scope of work for
this phase includes the new dispensers, piping, hardware, valves, fittings, electrical and installation
labor. The PMC Fuelhouse Dispensers include Stainless Steel Cabinet, Stainless Steel Hose Reel w /Power
Rewind, Backlit Retail LCD Display w /Money /Gallons /PPU, Internal LC M5 Meter, Electronic Pulse
Output to Fuel Controller, Internal Filtration, 1" x 50' Hose for Unleaded & Low - Volume Diesel, I Y" x
50' Hose for High Volume Diesel, Hose Swivels, Nozzles, Grounding and Product /Safety /Operation
Decals.
(3) Sundance shall provide the required labor, material and equipment to install one (1) Veeder -Root
TL300 Automatic Tank Gauge System. The scope of work and pricing for this phase of the project
includes the Tank Gauge, two (2) In -Tank Inventory Probes, one (1) Tank Interstitial Sensor, one (1)
Audible /Visual Tank Overfill Alarm, electrical and installation labor. The Tank Gauge includes LCD
Display, Thermal Printer and Keyboard.
(4) Sundance shall provide the required labor, material and equipment in order to install one (1)
Fuel Master Fuel Management System. The scope of work includes completing the Fuel Master Interface
to the new dispensers, electrical, installation labor and verification of the proper communication and
operation of the system. Fuel Master System includes FMU -2500 Island Mag- Stripe Card Reader, LCD
Display, Thermal Receipt Printer, Pump Control Module, Fuel Master Software & Factory- Direct Training.
(5) Sundance shall provide the required labor, material and equipment in order to install the
required electrical for the new Tank, Dispensers, Automatic Tank Gauge and Fuel Master System. The
scope of work includes new conduit, wire, circuit breakers, circuit breaker panel, emergency shut -off and
NEMA -4 Enclosure required to be added to the electrical system in order to bring the system in to
compliance with current regulations within the City of Corpus Christi.
(6) The factory- trained and certified technicians will complete the installation of all equipment,
complete all required testing of the tanks and piping, complete the purging and calibration of the suction
pumps and tank gauge, verify the proper operation and communication of the complete system, provide
up to 4 -hours of on -site training and complete all registration, placed -in- service, testing and warranty
documentation. All documentation will be submitted to the appropriate agencies and copies will be
provided to the customer. All non - stainless steel piping, valves, fittings, hardware and protective
bollards will be painted using the industry specified Marine Environmental 3 -Coat System.
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(7) 5undance shall provide all required electrical improvements necessary to operate the marine
fuel station including but not limited to new wire and electrical termination based upon the use of the
existing conduit, circuit breakers and circuit breaker panels other than what is needed to complete the
electrical; connection to the Tank, dispensers, Fuel Mast, Veeder -Root and required NEMA -4 Enclosure.
(8) All work will be completed in accordance with the rules and regulations as set forth by Local
Authorities Having Jurisdiction as well as the Environmental Protection Agency, National Electric Code,
International Fire Code, National Fire Protection Association and the individual equipment manufacturer
specifications.
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EXHIBIT F
STATEMENT OF GROSS REVENUES
M