HomeMy WebLinkAboutC2013-355 - 11/19/2013 - Approved THE STATE OF TEXAS
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SPECIAL DOCUMENT NO.20130007
CEPRA PROJECT No. 1569
UNDER GLO CONTRACT No. 13-480-000-8048
STATE OF TEXAS §
§
COUNTY OF NUECES §
This Special Document memorializes the agreement ("Agreement") between the TEXAS GENERAL
LAND OFFICE (the "GLO") and the CITY OF CORPUS CHRISTI (the "Qualified Project Partner" or
"QPP"), made and entered pursuant to TEX. NAT. RES. CODE ANN. §§ 33.601- 33.613, the
Coastal Erosion Planning and Response Act ("CEPRA"), and 31 TEX. ADMIN. CODE § 15, and
subject to all other applicable statutes, rules, and regulations currently existing and as may be
amended or promulgated from time to time during the effective dates hereof.
ARTICLE I. PARTIES AND PURPOSE
1.01. In consideration of the mutual covenants and agreements set forth herein, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
STATE OF TEXAS, acting by and through the Commissioner of the GLO, on behalf of the Permanent
School Fund (the "State"), hereby grants to the CITY OF CORPUS CHRISTI, whose address is 1201
Leopard Street, Corpus Christi, TX 78401 ("QPP"), the right to use the surface estate of certain
Permanent School Fund land(the"Premises")for the purposes identified in ARTICLE IV below.
1.02. The GLO and QPP entered into a Project Cooperatipn Agreement, denominated as GLO
Contract No. 13-480-000-8048, ("PCA"), effective / L 1 it , 2013, for a coastal
erosion response project (the "Project"), pursuant to the CEPRA statute and all other applicable
statutes, rules, and regulations. A copy of the PCA is attached hereto as Exhibit A, and
incorporated herein in its entirety for all purposes. The terms and conditions of this Agreement are
in addition to and an extension of the PCA, solely for the purpose of authorizing the construction of
the Project, and documenting the right of QPP to access the Premises after completion of the
coastal erosion response project created pursuant to the PCA, in order to conduct required and
necessary maintenance of the Project for the period of time specified in ARTICLE III,below.
2013-355 Special Document No.20130007 • ••• •• ••• •••
11/19/13 For CEPRA Project No. 1569 •• • • • ••• •Under GLO Contract No.13-480-000-8048
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Texas GLO INDEXED
ARTICLE II. PREMISES
2.01. The Premises consist of 7,000 linear of Gulf shoreline of Corpus Christi Bay at North
Beach, in Corpus Christi,Nueces County, Texas, and more fully described or depicted in the PCA,
which description is incorporated herein by reference for all purposes.
2.02. QPP HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF
THE PREMISES AND ACCEPTS IT "AS IS" IN ITS EXISTING PHYSICAL AND
TOPOGRAPHIC CONDITION. QPP IS NOT RELYING ON ANY REPRESENTATION
OR WARRANTY OF THE STATE REGARDING ANY ASPECT OF THE PREMISES,
BUT IS RELYING ON QPP'S OWN INSPECTION OF THE PREMISES. THE STATE
DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY,
MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY
OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS
AGREEMENT. THE STATE AND QPP HEREBY AGREE AND ACKNOWLEDGE
THAT THE USE OF THE TERMS "GRANT" AND/OR "CONVEY" IN NO WAY
IMPLIES THAT THIS AGREEMENT OR THE PREMISES ARE FREE OF LIENS,
ENCUMBRANCES AND/OR PRIOR RIGHTS. QPP IS HEREBY PUT ON NOTICE
THAT ANY PRIOR GRANT AND/OR ENCUMBRANCES MAY BE OF RECORD AND
QPP IS ADVISED TO EXAMINE ALL RECORDS OF THE STATE AND COUNTY IN
WHICH THE PREMISES IS LOCATED. THE PROVISIONS OF THIS SECTION
SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
ARTICLE III. TERM
3.01. This Agreement shall continue for a term of ten(10)years, commencing on the effective date
of the PCA and ending ten (10) calendar years thereafter, unless renewed or earlier terminated for
any reason by the State, in its sole discretion.
ARTICLE IV. USE OF THE PREMISES
4.01. The Premises shall be used solely for the continued maintenance of the coastal erosion
response project created by the PCA and for no other purpose. The Premises are to remain in
their current topographical and hydrologic condition, unless the modification is pursuant to and
in accordance with the terms of the PCA. QPP is specifically prohibited from modifying the
Premises in any manner not authorized herein, and from using, or allowing the use by others of
the Premises for any other purpose.
4.02. The State reserves the exclusive right to grant easements,rights-of way and/or other grants of
interest authorizing use of the Premises. QPP shall permit the State's agents, representatives, and
employees to enter into and on the Premises at all reasonable times for the purpose of inspection
and any other reasonable purpose necessary to protect the State's interest in the Premises.
4.03. Any accretion of sediment, as determined by the GLO, resulting from the actions authorized
by the PCA or this Agreement,will be considered property of the State of Texas.
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4.04. The following provisions shall apply to the use of the Premises during the term of this
Agreement:
(A) Upon request, QPP shall submit reports to the appropriate Field Office documenting
Project conditions and verifying compliance with the requirements of the PCA. If the
Field Office determines at any time that monitoring and maintenance of the Project is
no longer necessary, the Field Office may recommend to the School Land Board that
this Agreement be terminated.
(B) QPP shall maintain Department of the Army Permit No. 21203.
(C) QPP, in cooperation with the GLO, shall maintain the Project for ten (10) years in
accordance with the School Land Board's authorization of the placement of the Project
on Permanent School Fund land under TEX.NAT. RES. CODE ANN. § 33.609.
(D) If the GLO determines that the Project requires maintenance or is in a non-compliant
condition or there has been any unforeseen significant adverse impacts caused by the
Project, QPP will be notified and required to assist with removal, maintenance, or
restoration of the site to pre-Project conditions if the non-compliant condition cannot be
remedied or repaired.
(E) If QPP is charged with assisting with the removal of the Project pursuant to the
foregoing terms or if the Improvements should fail or cease to fulfill the purposes of
the Project, QPP shall assist with the restoration of the Premises to pre-Project
conditions and configuration at QPP's percentage of the cost.
(F) If the Project remains in place at the end of the term of this Agreement, the term and
maintenance requirements may be extended for an additional ten-year term, if
necessary, at the sole discretion of the GLO.
ARTICLE V. ASSIGNMENTS
5.01. This Agreement and the uses allowed hereunder shall not be assigned by QPP.
ARTICLE VI.PROTECTION OF NATURAL AND HISTORICAL RESOURCES
6.01. QPP shall comply with all applicable rules and regulations of the GLO and other
governmental agencies responsible for the protection and preservation of public lands and waters,
including those relating to pollution. In the event of pollution or an incident that may result in
pollution of the Premises or adjacent property which is the result of QPP's (or QPP's employees,
contractors, invitees and agents) acts or omissions, QPP shall immediately notify the State, use
all means reasonably available to recapture any pollutants which have escaped or may escape,
and mitigate for any and all natural resources damages caused thereby.
6.02. QPP IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL
PRESERVATION ACT OF 1966, (PB-89-66, 80 STATUTE 915; U.S.C.A. § 470) AND
THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ANN.
Special Document No.20130007 ••• •• ••• •
For CEPRA Project No. 1569 • • • •• • ••
Under GLO Contract No. 13-480-000-8048 • • • •• • • •
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IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER
FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR
HISTORIC INTEREST IS ENCOUNTERED DURING ANY ACTIVITY ON THE
PREMISES, QPP WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL
IMMEDIATELY NOTIFY THE GLO AND THE TEXAS HISTORICAL COMMISSION,
P.O. BOX 12276, AUSTIN, TEXAS 78711, SO THAT ADEQUATE MEASURES MAY BE
UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS,
AS APPROPRIATE.
ARTICLE VII. INDEMNITY
7.01. QPP SHALL BE FULLY LIABLE AND RESPONSIBLE FOR ANY DAMAGE, OF
ANY NATURE, ARISING OR RESULTING FROM ITS OWN ACTS OR OMISSIONS
RELATED TO ITS EXERCISE OF THE RIGHTS GRANTED HEREIN. QPP AGREES
TO AND SHALL INDEMNIFY AND HOLD THE STATE, THE STATE'S OFFICERS,
AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST CLAIMS, SUIT,
COSTS, LIABILITY OR DAMAGES OF ANY KIND, INCLUDING STRICT LIABILITY
CLAIMS, WITHOUT LIMIT AND WITHOUT REGARD TO CAUSE OF THE
DAMAGES OR THE NEGLIGENCE OF ANY PARTY, EXCEPT FOR THE
CONSEQUENCES OF THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF
THE STATE, THE STATE'S OFFICERS, AGENTS, EMPLOYEES, OR INVITEES,
ARISING DIRECTLY OR INDIRECTLY FROM QPP'S USE OF THE PREMISES (OR
ANY ADJACENT OR CONTIGUOUS PSF LAND) OR FROM ANY BREACH BY QPP
OF THE TERMS CONTAINED HEREIN. THE PROVISIONS OF THIS SECTION
SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS
AGREEMENT.
ARTICLE VIII. PROPERTY REMOVAL AND TAXES
8.01. Upon termination of this Agreement, QPP shall remove its personal property from the
Premises within 30 days thereafter. THE TERMS OF THIS SECTION SHALL SURVIVE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
8.02. QPP AGREES TO AND SHALL PROTECT AND HOLD THE STATE
HARMLESS FROM LIABILITY FOR ANY AND ALL TAXES, CHARGES, AND
ASSESSMENTS, TOGETHER WITH ANY PENALTIES AND INTEREST THEREON,
AND FROM ANY SALE OR OTHER PROCEEDING TO ENFORCE PAYMENT
THEREOF.
ARTICLE IX. MISCELLANEOUS PROVISIONS
9.01. No provision of this Agreement shall be construed in such a way as to constitute the State
and QPP joint venturers or co-partners, other than to the extent provided for in the PCA, or to
make QPP the agent of the State or make the State liable for the debts of QPP.
9.02. In the event any provision of this Agreement is more restrictive than any administrative
rule promulgated by the GLO and/or the School Land Board, this Agreement shall control.
Special Document No.20130007
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Under GLO Contract No. 13-480-000-8048 •• •• • •••• • •• •
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9.03. Notices under this Special Document shall be delivered in the same manner and to the
addresses as provided in the PCA.
SIGNATURE PAGE FOLLOWS
Special Document No.20130007
For CEPRA Project No.1569 • •• ••• •••• ••• •••
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Under GLO Contract No. 13-480-000-8048 •• •• •
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SIGNATURE PAGE FOR SPECIAL DOCUMENT NO.20130007
CEPRA PROJECT No. 1569
UNDER GLO CONTRACT No. 13-480-000-8048
IN TESTIMONY WHEREOF witness our hand and Seal of Office as authorized signatories
of the respective parties:
STATE: QPP:
TEXAS G. RAL .ND OFFICE C I OF •I RPUS -4:-
.//4/ ir /
JERRY E. PATTERSON IF e:
Commissioner, General Land Office
Title:
Date: 1 L I I I I l, Date:
APPROVED:
Legal: I $9ioto,rn: —D-62111 3
Mk/ggfDeputy:
Ass't.Gen.Counsel Lisa Agul
General Counsel: ,f/ Assistant City Attorney
I '
Chief C11, — For City Attu:'-uly
_,.-^°mss
ATTEST.
ARMANDO CHAPA
ACKNOWLEDGMENT BY Qlr SET W
STATE OF T\f. §
COUNTY OF Nietks §
This instrument was acknowledged before me on the 2LQ day of vY Yt 0 0 /3,
by R -Q (L. L. 0 (iv •
r n \
(Individual Acknowledging This Document)
- i - - - - - ' Ili- r„,,,,„„ ' 1 .___,
4 .' ....•`•';•: MONIQUE TAMEZ LERMA ► (Note-7y Signatur )
�V Notary Public ■ t.
I s:. 'Whip ■ Notary Public, State of 1
I "•••:'4.E;.;. , " My Comm. Exp. 01-23.2017
My commission expires: I 1 i
Information collected by electronic mail and by web form is subject to the Public Information Act,
Chapter 552, Government Code. 0�/ ( i ,I
...............
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SECIfTA• a .
ExHIBIT A
THE PROJECT COOPERATION AGREEMENT
GLO CONTRACT No. 13-480-000-8048
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