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Home My WebLink AboutC2015-042 - 2/10/2015 - Approved Tan W.Shaw,Ph.D.,P.E.,Chairman `CE Toby Baker,Commissioner w tin' c'� A Zak Covar,Commissioner x dna a 4 •,''• Richard A.Hyde,P.E.,Executive DirectorCO 4:4 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution February 23, 2015 Lisa Aguilar— Senior Assistant City Attorney City of Corpus Christi 1201 Leopard Corpus Christi,Texas 78401 Air Monitoring Site Agreement 582-14-45217 Dear Ms.Aguilar, Enclo:-d,please f ,i TCEQ Air Monitoring Site Agreement 582-14-45217,with Richard C. Chi-I's notarize. • gnature,for your review. :-s regards, ax H•rna,dez — Con- act Man er TCEQ Wile of Comp ance an nforcement—Monitoring Division (512Mai1 Code 165 2015-042 • Austin,Texas78711-3087 • 512-2 1000 • tce texas. ov 39- q• g 2/10/15 ,is our customer service? tceq.texas.gov/customersurvey ��// Ord. 030415 printed on recycled paper INDEXED N D XED TCEQ 582-14-45217 LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This lease is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and the Texas Commission on Environmental Quality, acting through its duly authorized agent, Richard C. Chism, Monitoring Division. Section 1. Definitions. For the purposes of this Lease: Abandoned means that the Leased Premises become vacant or deserted for a continuous period of(30)thirty days. City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Manager means the City's City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Department means the City's Park and Recreation Department. Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. Lease means this document, including all attachments and exhibits that are incorporated by reference into this document. Leased Premises means that portion of Oakpark Park and Bayview(H.J. Williams) Park found in Exhibits "A" and"B." Lessee means the Texas Commission on Environmental Quality(TCEQ) or assignee. Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. 1 of 14 582-14-45217 Section 8. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises this Lease terminates automatically and the City Manager may take immediate possession of the Leased Premises. Section 9. Cessation of Use. a. If the Lessee for any reason ceases to use the Leased Premises for the purposes specified in Section 2, the Lessee has the right to terminate this Lease by written notice to the City Manager. b. The written notice of termination must be given at least three (3) months prior to the effective date of termination. c. If the cessation of use occurs and continues for one (1) year or longer, and the Lessee does not exercise the right to terminate this Lease, then the City may terminate this Lease by giving the Lessee at least thirty(30) days' notice prior to the effective termination date. d. During any cessation of use, the Lessee must maintain and regulate the use and occupancy of the Leased Premises at the Lessee's expense as specified in this Lease. Upon termination or expiration of the Lease, the Lessee must remove the improvements from the Leased Premises. Section 10. Surrender. Subject to the holdover provisions in this Lease, the Lessee acknowledges and understands that the City's agreement to lease the Premises to lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration,termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage, or destruction where the Lessee is without fault, excepted. Section ii. Consideration. a. For and in consideration of the rights and privileges granted in this lease, the Lessee agrees to allow the City full access,via the Lessee's web page,to the monitoring information gathered by the Lessee from the air monitoring station situated at the Leased Premises during the entire term of this Lease. b. Lessee has provided a letter of responsibility, attached as Exhibit C to this agreement. 3 of 14 582-14-45217 timely payment is not made, the City may terminate this Lease upon ten (io) days written notice, to Lessee. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to the Lessee. Section 15. Laws Affecting Operation of Premises and Performance. The Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to the Lessee's operation of the Premises and the Lessee's • performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 16. Nondiscrimination. The Lessee covenants and agrees that the Lessee will 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, marital status, sex, 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 the action as the United States may direct to enforce this covenant. Section 17. Drug Policy. The Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 18. Violence Policy. The Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 19. Maintenance. The Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. Section 20. Furniture, Fixtures, and Equipment. All personal property and trade fixtures furnished by or on behalf of the Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. Section 21. Utilities. The Lessee shall pay for all utilities related to usage of the Premises. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. 5 of 14 582-14-45217 (2)After retaking possession as set out in paragraph 1 of this section, or upon abandonment of the premises by the Lessee, the City may at the City's option relet the premises or any part of the premises, in the name of the City or otherwise, for a term or terms that may be less than or exceed the period that would otherwise constitute the balance of the term of this lease. The term of such reletting by the City is evidence of the fair rental value of the premises for the balance of the term and the Lessee shall be liable to the City for the amount by which the rent and other charges due under this Lease for the balance of its term exceeds the fair rental value of the premises for that period. Section 25. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 26. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 27. Notice. a. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i)by personal delivery; (ii)by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii)by prepaid telegram; (iv)by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. 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 telegram or overnight express delivery service will be deemed effective one (1)business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c.All the communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi TCEQ Attn: Director of Parks and Recreation P.O. Box 13087, MC 165 P.O. Box 9277 Austin, Texas Corpus Christi, Texas 78469-9277 78711-3087 7 of 14 582-14-45217 that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c)by their nature would be intended to be applicable following any the termination or expiration of this Lease. Section 34. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 35. Severability. a. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable,will not be affected by the law or judgment, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 36.Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. Section 37. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and the Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. 9 of 14 582-14-45217 LESSEE: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY By: 7eJ„./001--: Richard C. Chism Monitoring Division STATE OF TEXAS This instrument was acknowledged before me on X) February, 2015 by Richard C. Chism, Monitoring Division, on behalf of the Texas Commission on Environmental Quality - -- -- CSN--- 'AMOUNT Le calls% V� M Notary Public, State of Texas Homy ATTEST: CITY OF CORPUS CHRISTI 1 4/Ik--Jkilr Rebecca Huerta -C Ronald L. Olson City Secretary City Manager APPROVED AS TO LEGAL FORM: This91 day of February, 2015. 6-4-7 --t"-fi-r:N. I A . IUi Uk,LL. Lisa Aguilar SY COUIICIL 6 Senior City Attorney For City Attorney SECRETARY STATE OF TEXAS ^� COUNTY OF NUECES "U mayor) 120 .,,This instrument was acknowledged before me on 2P6L by K,e, xald L. Olee , Cif' Manager, City of Corpus Christi, Texas 3 ct fh P€ 1 ip ( 1'SPP�°? '`` MONIQUE TAMEZ LERMA > N►tary 'Iblic, State of - as { e4� Notary Public > ! / f `A ' STATE OF TEXAS > �...........:Py < '`•�.��oF�E*. My Comm. Exp. 01-23-2017 > ,► vri -- v vv vvvvvv A. 11 of 14 582-14-45217 Exhibit A: TCEQ Oak Park Air Monitoring Site U i.. ,, ,,e. O .,. . . 1.- % �, . ,, ased Pre -s • Csaikat4pho, , TCEQ Oak Park Air Monitoring Site _ 440 • �- µ a walio ..,A 4 . - ,l' - 12 of 14 582-14-45217 Exhibit B: TCEQ Williams Park Air Monitoring Site 0 -1 - IA i moa .)t / ,44. • ..N` w "' ,/�,VI s,+ per' v.*crla . , ~ it �'-y �' Park Air Monitoring Site 1 i • . �� • /+ 7--.>&I . ' C r . 4. 4.n, .. 6 a Ar>. _ .' p. '<.,� 13 0114 582-14-45217 EXHIBIT C: Bryan W.Shaw,Ph.D.,P.E.,Chairman U_ Toby Baker,Commissioner ti/pry {' Zak Covar,Commissioner =ti,4 +�' Richard A.Hyde,P.E.,Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution September 8,2014 City of Corpus Christi Attn:Director of Parks and Recreation P.O.Box 9277 Corpus Christi,Texas 78469-9277 Subject:Oak Park and Williams Park Air Monitoring Sites Evidence of Financial Responsibility • The Texas Commission on Environmental Quality, as an agency of state government, is financially responsible for its own liability exposures under the Statutes of the State of Texas, including the Texas Tort Claims Act. This body of laws governs the manner in which claims may be pursued against the agency. With this in mind, this letter is offered as evidence of financial responsibility. If a third party claim occurs it should be reported as soon as possible to Ms.Patricia De La Cruz, Ambient Monitoring Section Manager at (512) 239-6816 for investigation and resolution. Should you have any questions concerning the above, please do not hesitate to call inc at (512) 239-0539. Sincerely, /24.41ff:L., Richard C.Chism,Director Monitoring Division Texas Commission on Environmental Quality P.O.Box 13087 • Austin,Texas 78711-3087 • 512-239-1000 • tceq.texas.gov How is our customer service? tceq.texas.gov/customersurvey printed on rce)d d 14 of 14