HomeMy WebLinkAboutC2014-150 - 5/22/2014 - NA c4 • ,
LICENSE FOR SUBSTATION TRAILER
TERMS
Date: Ma biii,2014
Licensor: The Preserve at Mustang Island,LLC
Licenser's Address: 6300 Bee Cave Rd
Building Two,Suite 500
Austin,TX 78746
Licensee: City of Corpus Christi Police Department
Licensee's Address: 321 John Sartain
Corpus Christi,TX 78401
Premises: S 14 31 I yi Rd. ,Corpus Christi,Texas,known as the
"Trailer Site"
Term(months): Four(4)months
Commencement Date: May 25,20I4
Termination Date: September 30,2014
Use: Use of temporary police substation trailer on Premises
Definitions:
"Licensor" means The Preserve at Mustang island, LLC and its agents, employees, invitees, licensees, or
visitors.
"Licensee"means Licensee and its agents,employees,invitees,licensees,or visitors.
CLAUSES AND COVENANTS
A. Licensee agrees to:
I. Accept the Premises in their present condition"AS IS,"the Premises being currently suitable
for Licensee's intended use.
2. Assume any risk involved in respect to the purpose for which this License is granted,and does
hereby release and discharge Licensee from any liability for loss,damage or injury incurred by
Licensee arising out of Licensee's entry or presence upon the Premises.
3. Obey all laws,ordinances,orders,and rules and regulations applicable to the use condition and
occupancy of the Premises.
4. Periodically mow the Trailer Site and to keep it clean and tidy at all times.
5. Pay all amounts due under this Agreement.
6. Pay for all labor, fuel, and utility services (including but not limited to water, septic, and
electricity)used by Licensee.
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2014-150
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The Preserve at Mustang Island INDEXED
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7. Pay all taxes on Licensee's personal property located on the Premises.
S. Repair, replace and maintain any part of the Premises used by Licensee that Licensor is not
obligated to repair,replace or maintain,normal wear excepted.
9. Repair or replace any damages to the Premises caused by Licensee.
10. Maintain commercial liability insurance for the Premises, naming Licensor as an additional
insured,in the amounts and on terms as set forth on Exhibit A.
11. Maintain insurance on Licensee's personal property.
12. Deliver certificates of insurance to Licensor before the Commencement Date and thereafter
when requested.
13. Vacate the Premises on termination of this Agreement.
14. Pay all costs incurred in connection with maintaining the sales trailer on the Premises.
IS. Keep all gates on the Premises closed and locked,and ingress to and egress from the Premises
being at those places designated by Licensor.
16. Assume the responsibility for the safety of Licensee,and to exercise all reasonable precautions
with respect to Licensee's safety and the safety of others using the Premises.
17. Exercise due care to prevent,control and eliminate forest fires;not to cause or permit damage or
injury to fences,crops or equipment;not to commit,suffer or permit waste,damage or injury.
B. Licensee agrees not to:
I. Use the Premises for any purpose other than stated in the Agreement.
2. Create or allow a nuisance or permit any waste of the Premises.
3. Alter the Premises.
4. Allow a Hen to be placed on the Premises.
5. Assign this Agreement or sublicense any portion of the Premises without Licensor's written
consent.
6. Litter or leave trash or debris on the Premises.
C. Liceasor's Rights Primary.
Licensee's exercise of any of its rights under this Agreement shall not impede or hinder Licensor in the
Poe enjoyment of the Premises.
D. Licensor and Licensee agree to the following:
1. Alterations. Any physical additions or improvements to the Premises made by Licensee will
become the property of Licensor. Licensor may require that Licensee, at termination of the
Agreement and at Licensee's cost,remove any physical additions and improvements,repair any
alterations, and restore the Premises to the condition existing at the Commencement Date,
normal wear excepted.
2. Abatement. Licensee's covenant to pay License Fee and Licenser's covenants are independent.
Except as otherwise provided,Licensee will not be entitled to abate License Fee for any reason.
3. Release of Claims/Subrogation. Licensee releases Licensor from any claim,by subrogation or
otherwise, for any damage to the Premises or Licensee's personal property by reason of fire or
the elements,regardless of cause,including negligence of Licensor. This release applies only to
the extent that it is permitted by law, the damage is covered by insurance proceeds,and the
release does not adversely affect any insurance coverage.
4. Notice to insurance Companies. Licensee will notify the issuing insurance companies of the
release set forth in the preceding paragraph and will have the insurance policies endorsed,if
necessary,to prevent invalidation of the insurance coverage.
S. Condenmation/Substantlal or Partial Taidng.
a. If the Premises cannot be used for the purposes contemplated by this Agreement because of
condemnation or purchase in lieu of condemnation,this Agreement will terminate.
b. If there is a condemnation or purchase in lieu of consideration and this Agreement is not
terminated, the License Fee payable during the unexpired portion of the Term will be
adjusted as may be Bair and reasonable.
c. Licensee will have no claim to the condemnation award or proceeds in lieu of
condemnation.
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6. Default by Licensor/Events. A default by Licensor is the failure to comply with any provision
of this Agreement that is not cured within thirty(30)days after written notice.
7. Default by Licensor/Licensees'Remedies. Licensee's remedies for Licensor's default are to sue
for damages and terminate this Agreement.
8. Default by Licensee/Events. Defaults by Licensee are(a)abandoning or vacating a substantial
portion of the Premises;and(b)failure to comply within ten(10)days after written notice with
any provision of this Agreement.
9. Default by Licensee/Licensor's Remedies. Licensee's remedies for Licensee's default are to(a)
enter and take possession of the Premises; (b) enter the Premises and perform Licensee's
obligations;and(c)terminate this Agreement by written notice and sue for damages. Licensor
may enter and take possession of the Premises by self-help, by picking or changing locks if
necessary,and may lock out Licensee or any other person who may be using the Premises for
grazing,until the default is cured,without being liable for damages.
10. Default/Waiver/Mitigation. It is not a waiver of default if the nondefaulting party fails to
declare immediately a default or delays in taking any action. Pursuit of any remedies set forth
in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by
law.
11. Holdover. If Licensee does not vacate the Premises following termination of this Agreement,
Licensee must vacate the Premises on receipt of notice from Licensor. No holding over by
Licensee,whether with or without consent of Licensor,will extend the Term.
12. Attorney's Fees. If either party retains an attorney to enforce this Agreement, the party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
13. Venue. Venue is in the county in which the Premises are located.
14. Entire Agreement. This Agreement is the entire agreement of the parties,and thee are no oral
representations, warranties, agreements, or premises pertaining to this Agreement or to any
expressly mentioned exhibits and riders not incorporated in writing in this Agreement
15. Amendment of Agreement. This Agreement may be amended only by an instrument in writing
signed by Licensor and Licensee.
16. Limitation of Warranties. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY
OTHER KIND ARISING OUT OF THIS LICENSE.
17. Notices. Any notice required or permitted under this Agreement must be in writing. Any notice
required by this Agreement will be deemed to be delivered(whether actually received or not)
when deposited with the United States Postal Service,postage prepaid, certified mail,return
receipt requested, and addressed to the intended recipient at the address shown in this
Agreement Notice may also be given by regular mail, personal delivery, courier delivery,
facsimile transmission, or other commercially reasonable means and will be effective when
actually received. Any address for notice may be changed by written notice delivered as
provided herein.
18. Mineral Interests. This Agreement is subordinate to any present or 'inure oil, gas or other
mineral exploration agreements and Agreements. Licensor will not be liable to Licensee for
any damages for actions attributable to those agreements and will receive all consideration paid
therefore.
19. Termination. Anything in this Agreement to the contrary notwithstanding, Licensor and
Licensee each reserve the right to terminate this Agreement,with or without cause,at any time
during the primary term or any extended term hereof. If Licensor terminates this Agreement
without cause,Licensor agrees to give Licensee 30 days prior written notice thereof.
20. Removal of Property on Cancellation. Upon expiration of the term of this Agreement(or of any
extension or renewal thereof), or upon termination by either party, Licensee has 30 days
thereafter to take and remove from the Premises any and all buildings,structures,equipment or
other personal property owned by Licensee. If Licensee fails or refines to remove the same
within 30 days,title thereto shall kw facto vest in Licensor.
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21. Licensor will retain access rights to the Premises for the purposes of any field investigations
associated with its primary development business,including,but not limited to surveying,soil
samples and inspections.
LICENSOR:
The Preserve at Mustang Island,LLC
By: ��r
Name: I t 4 • _ • 3
Title: t'r a 'resc'de n
LICENSEE:
City of Corpus Chris'P lice Department
By:
Name: llcalONRIPY:\
Tide: QttfY1i09111111
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EXHIBIT"A"
1. Commercial General Liability
a. Required limits
i. $1,000,000 per occurrence,131/PD combined
ii. $2,000,000 in the aggregate
b. Specific coverage items:
i. Additional insured coverage in favor of Forester Group Inc.for both ongoing and completed
operations
ii. Waiver of subrogation in Favor of the additional insured
iii. Contractual Liability
iv. Independent Contractors
2. Workers'Compensation Coverage(may be waived if no employees)
a. Part A Worker's Compensation:Statutory coverage in the jurisdiction where the project is located
b. Part B Employer's Liability limit
i. Bodily Injury by accident:$1,000,000 each accident
ii. Bodily Injury by disease:$1,000,000 each employee
iii. Bodily Injury by disease:$1,000,000 policy limit
c. Waiver of subrogation in favor of Forester Group Inc.
3. Business Automobile Insurance
a. Owned,non-owned,leased,hired and borrowed vehicles
b. Combined single limit:$1,000,000 per occurrence for BI/PD
4. Umbrella Liability
a. Required limbs
i. $1,000,000 per occurrence
ii. $2,000,000 general aggregate
b. Additional insured endorsement
c. Waiver of subrogation
d. Provide excess limits over the insurance in sections 1 and 3 above
e. Coneunrency of effective dates with primary
f. Drop-down feature
g. Must be at least as broad as primary
h. Aggregate follows form on underlying
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ADDITIONAL CONTRACTOR REQUIREMENTS
1. No Contractor shall continence any work of any kind until all insurance requirements have been complied
with and until evidence of such compliance,satisfhctory to Forester as to form and content,has been filed
with Forester.The ACORD 2S Certificate of Insurance(version 2009/01 or after)is the required form in all
cases where reference is made to a Certificate of Insurance.e.Certificate holder should read:
Forester Group Inc.
Attn:Risk Management
6300 Bee Cave Road
Building Two,Suite 500
Austin TX 78746
2. Insurance Companies,except Workers Compensation carrier, must have an A.M. Best Rating of A-5 or
higher.
3. Should Contractor at any time neglect,refuse to provide,or cancel the insurance required herein, Forester
shall have the right to either procure the same and deduct the cost Born the amount payable under any
applicable Purchase Order or terminate any agreement with the Contractor immediately.
4. Contractor agrees that if for any reason any Subcontractor hired by Contractor fails to procure and maintain
insurance as required all such required insurance shall be procured and maintained by Contractor at
Contractor's expense.
S. The Contractor shall incorporate the above minimum insurance requirements into every subcontract with
every Subcontractor at any tier, and every subcontractor of any tier is expected to comply with all
requirements.
6. The Contractor shall make available to Forester,through its records or records of their insurer,information
regarding a specific claim. Any loss run information available from the contractor or their insurer will be
made available to Forester upon their request.
7. Failure by Forester to request certificates or other evidence of full compliance with these insurance
requirements or fisilu a by Forester to identify a deficiency in evidence that is provided shall not be construed
as a waiver of Contractor's obligation to maintain such insurance.
ANY QUESTIONS REGARDING INSURANCE COVERAGE SHOULD BE DIRECTED TO LUKE WILUAMS-
w(513)433.5212.
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May 22,201 Date
City of
Corpus Cindy Olson
Christi Forestar Group, Inc.
6300 Bee Cave Road
Building 2, Suite 500
Austin,Texas 78746-5149City, State,Zip
LEGAL QEPARTNBYT
Po Box 9277 Dear Ms Olson:
Corpus Christi
Texas 78469-9277 The City of Corpus Christi is a self insured public entity as allowed by the State of
Phone 361-826-3360 Texas for General Liability,Auto Liability, and Workers' Compensation. Liability
Fax 361-826-3239 limits are established and defined by Chapter 101 of the Texas Tort Claims Act.
Liability limits are as follows; $250,000 per person and $500,000 for each single
occurrence.
Municipal Court
Prosecutors Office
120 N.Chaparral The Self Insurance Funds are funded by the City of Corpus Christi in accordance
Corpus Christi with generally accepted accounting practices through actuarially calculated annual
Texas 78401 contributions. A claim may be filed online at www.cctexas.com//govemment/city-
Phone 361-886-2530 secretary/notice-of-claim/index or contact Risk Management for information at
Fax 361-886-2567
361-826-3680.
Human Relations
PO Box 9277 Sincerely,
Corpus Christi
Texas 361-826-3190-83
Fax 3 1-823192
Fax 36l-826-3192 AZW44404rY,APAiith
Risk Management
PO Box 9277 Donna James-Spruce
Corpus Christi Risk Manager
Texas 78469-9277
Phone 361-826-3680 DJS/Vlt
Fax 361-826-3697
www.cclexas.com