R-2013-137-2013-08-26 RESOLUTION NO. R2013-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO CANAL CROSSING AGREEMENTS WITH GULF COAST
WATER AUTHORITY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That those certain Canal Crossing Agreements by and among
518SCR, Ltd., Gulf Coast Water Authority, and the City of Pearland, copies of which are
attached hereto as Exhibit"A"and Exhibit"B,"and made a part hereof for all purposes, are
hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest the aforementioned Canal Crossing Agreements.
PASSED, APPROVED and ADOPTED this the 26th day of August, A.D., 2013.
TOM REID
MAYOR
ATTEST:
Y GLO"I X '' 11
C SEC' ARY
APPROVED AS TO FORM:
DAR M. COKER
CITY ATTORNEY
Resolution No. R2013-137
Exhibit "A"
GULF COAST WATER AUTHORITY
APPLICATION FOR CROSSING AGREEMEN1
The undersigned ("Applicant") requests permission from Gulf Coast Water Authority
("GCWA")to install
8" PVC Sanitary Sewer
(the "Crossing") [ ]over, [ X ] under or [ ] alongside (check one) the GCWA's canal or other
property at the location described in Exhibit A, and in accordance with the plans and
specifications attached as Exhibit B. The plans and specifications on Exhibit B must include,
at a minimum: a cross section drawing showing the profile of the proposed crossing and
including the depth any proposed structure under the flow line of the canal or the height of the
proposed structure over the top of the canal, widths or dimensions / sizes of the structure,
whether the structure will be encased and the type of encasement material, any boring method
(whether conventional, straight line bore or directional bore), the requested width of the crossing
structure license strip (the area within which the Crossing will be located). GCWA may require
additional information for approval. The area in which construction will be performed shall also
be described on Exhibit A and labeled the "Construction Area". Construction is anticipated to
begin approximately August, 2013 and will be completed no later than April, 2014.
Applicant hereby tenders to GCWA a non-refundable Application Fee of $250 and upon
submittal of the final draft for GCWA Board approval an additional $2,500 as consideration for
executing the Crossing Agreement. If GCWA does not grant permission to install the Crossing,
the sum of $2,500 as consideration for executing the Crossing Agreement will be returned to
Applicant. Applicant understands that these fees are for execution of the standard form of
agreement approved by GCWA staff and that these fees may be higher with if the documents
are submitted by the applicant for review more than twice.
If the Applicant is not an individual, the person signing this Application must also provide
evidence (s)he has authority to execute the document.
Signed the -7 day of /4/4)GCco4- , 2O t 3 .
0/0
Authorized Applicant ye Represents i
RICHARD C. HALE
SENIOR VICE PRESIDENT
Print Name
PC, alK 34366 40a u, j 77Z14-
Address
13, 9 4A. Tied
Phone Number
GULF COAST WATER AUTHORITY
CANAL CROSSING AGREEMENT
[518SCR, LTD., a Texas limited partnership]
[Public 8" PVC Sanitary Sewer]
Grantor: GULF COAST WATER AUTHORITY, INCLUDING ITS SUCCESSORS AND
ASSIGNS
Grantor's Mailing Address : 3630 Highway 1765
Texas City, Texas 77591
Galveston County
Grantee: 518SCR, Ltd., a Texas limited partnership, INCLUDING SPECIFICALLY AND
WITHOUT LIMITATION, CITY OF PEARLAND AND ITS SUCCESSORS AND
ASSIGNS
Grantee's Mailing Address: P.O. Box 34306
Houston, Texas 77234
License Strip: That certain area of land noted as the "License Strip" described on Exhibit A
attached hereto and made a part hereof for all purposes.
Construction Area: That certain 0.902 Acres of land described on Exhibit A and noted as the
"Construction Area". All construction activities shall be confined within the boundaries of the
Construction Area. All construction shall be performed in accordance with the plans and
specifications described in Exhibit B. All of GRANTEE'S rights to use the Construction Area will
terminate upon completion of the construction of the 8" PVC Sanitary Sewer. Construction
activities shall include all of GRANTEE'S activities undertaken with respect to the crossing
whether initial construction, maintenance, repairs, supplemental construction or reconstruction,
except for ingress and egress.
Consideration: Grantor grants the rights conferred in this Crossing Agreement in exchange for
the payment by Grantee of all fees or other charges described in the Application for Crossing
Agreement (the "Application") signed by Grantee, delivered to Grantor, the terms of the
Application are incorporated herein by reference as if fully set forth; and in addition in exchange
for Grantee's grant to Grantor of any additional ingress and egress access rights designated on
Exhibit B attached hereto and made a part hereof.
Reservations from and Exceptions to License: Easements, rights of way and prescriptive
rights, whether of record or not; and valid instruments, presently recorded in the county or
counties in which the License Strip is located, that affect the License Strip or that affect real
property burdened by the License granted herein or the License Strip in whole or in part.
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1) Grant of License. GRANTOR, for the consideration and subject to the reservations from
and exceptions to license grants to GRANTEE, its successors and assigns, a non-exclusive
license for the purpose of constructing, maintaining, operating, repairing, removing,
replacing and upgrading one Bridge and appurtenances thereto (hereinafter called the
"Crossing"), over the License Strip, together with the right of ingress and egress over, along
and across the License Strip for the purpose of operating and maintaining (within the
License Strip)the Crossing. Grantee agrees that this agreement becomes null and void if by
July 1st (90 days after the anticipated completion date April 18t) the Grantee fails to provide
the Grantor as-built Exhibits A and B certified by a Texas registered professional land
surveyor in 8 1/2 x 11 or 11 x 17 sheet hardcopies form and electronic .pdf images and
approved by the Grantor. Exhibit coordinates shall be provided in NAD 83 Texas South
Central Zone. Units shall be reported in US survey feet using grid bearings and grid
distances and shall be tied to a class 1 or better NGS monument on horizontal and vertical.
A table shall be included that reports the grid coordinates for any monument used and all
points of inflection.
2) Limitations on Use. Except as otherwise specifically set forth herein, GRANTEE shall
have no right to go or travel upon, over or across any lands of GRANTOR except for the
License Strip and Construction Area (during construction of the Crossing). Nothing
contained herein shall grant or be construed to grant to GRANTEE the right (i) to use the
License Strip or Construction Area for any purpose other than for the purposes set forth
herein or (ii) to change the dimensions or location of the License Strip or Construction Area.
During the initial construction of the Crossing, and at all times after completion, GRANTEE
must not interfere with the operation or maintenance of GRANTOR's facilities or any other
activity of GRANTOR or its lessees, invitees, agents, customers, contractors, successors or
assigns. All persons entering upon the License Strip or Construction Area under this grant
shall confine themselves to the operations and purposes contemplated herein, and no
trespassing or other uses shall be permitted by GRANTEE, its employees, agents or
contractors.
3) Termination of License. The license, rights and privileges granted hereunder shall
terminate when, or at such time as, (i) the purposes hereof cease to exist, are abandoned
by GRANTEE, or become impossible of performance, or (ii) GRANTEE fails to observe any
term, covenant, or condition contained in this Agreement or the Application, following thirty
(30) days written notice of such failure. The thirty day notice provision does not apply to a
lapse in any required insurance coverage required under this agreement. Within ninety (90)
days following termination of this Agreement, GRANTEE must remove from the License
Strip and Construction Area the Crossing and any other structures or property placed
thereon by GRANTEE. If GRANTEE fails to do so, GRANTOR may remove such property
and dispose of it as it sees fit, without liability to GRANTEE for any reason, and GRANTEE
must reimburse GRANTOR upon demand for any cost or expense incurred by GRANTOR in
connection therewith.
4) Grantee Responsible for Damages. The consideration paid to GRANTOR by GRANTEE
in connection with the execution of this agreement is solely for the grant of the license and
rights herein granted and does not cover any damages caused to the surface of
GRANTOR's lands or to Grantor's facilities within the License Strip or the Construction Area
in connection with the initial construction of the Crossing, or which may occur to
GRANTOR's other lands, facilities or property in connection with the initial construction of
said Crossing or by reason of the operation, maintenance, repair and/or servicing of the
Crossing or any other damages incurred from time to time, and GRANTEE shall pay and
agrees to pay GRANTOR any and all other such damages promptly as they may accrue.
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5) Compliance with Laws. GRANTEE agrees to comply at all times and at its sole cost with
all applicable federal, state and local laws, rules, regulations and safety standards in
connection with GRANTEE's activities hereunder, including, without limitation, the
construction, use, operation, maintenance, repair and service of the Crossing.
6) Maintenance and Repairs. Grantee must at its sole cost maintain the Crossing and the
License Strip in good repair and condition. Grantor has no obligation to repair or maintain
the Crossing or the License Strip. Should it become necessary at any time subsequent to
completion of the Crossing for GRANTEE to enter upon the License Strip for the purposes
of maintaining, repairing, operating, servicing or removing the Crossing as required or
permitted hereunder, GRANTEE shall, after each entry upon said License Strip, leave said
land at the same level and condition that it was in prior to such entry; and in the event that
any such entry should cause or produce damage to roads, tracks, fences, pavement or
other improvements that may be situated on said land, or cause or produce damages to the
surface of the License Strip, or any other lands or property of GRANTOR, GRANTEE shall,
at Grantor's sole election, promptly repair such damage to Grantor's satisfaction or pay to
GRANTOR any and all damages that may be caused by reason of any such subsequent
entry.
7) Relocation or Modification of Crossing. GRANTEE shall be solely responsible for
relocating or modifying any existing improvements on GRANTOR's lands as may be
required to construct and maintain the Crossing, but GRANTOR must consent in advance to
any such relocation or modification of existing improvements. In addition, GRANTEE must,
upon GRANTOR's written request, commence with due diligence to relocate or modify the
Crossing to accommodate GRANTOR's use of its lands, and GRANTEE shall be solely
responsible for all costs associated therewith. If applicable, GRANTEE must, upon
GRANTOR's request, sleeve or de-energize that portion of the Crossing located over
GRANTOR's lands, during canal maintenance and GRANTEE shall be solely responsible
for all cost associated therewith.
8) Construction of Crossing. The Crossing must be constructed within the License Strip.
Before construction may commence, GRANTEE must give GRANTOR at least 72 hours
advance notice of its intent to begin construction. GRANTEE may begin construction of the
Crossing at any time after receiving GRANTOR's written notice to proceed and must
complete construction no later than March 1st. The Crossing must be constructed according
to the plans and specifications set forth on Exhibit B. All construction activity must be
confined to the Construction Area. Upon completion of the Crossing, GRANTEE shall (i)
repair all damage to roads, tracks, fences, pavement and other structures or items located
on GRANTOR's lands (including the License Strip and Construction Area) and restore same
to their condition prior to construction and (ii) restore and clean the surface of the land
covered by the License Strip and Construction Area to its condition prior to construction.
GRANTEE is not and shall not be construed as GRANTOR's agent in contracting for any
improvements to the License Strip, and shall have no authority to pledge, mortgage,
hypothecate or otherwise encumber any interest in the above or any other property of
GRANTOR, except for GRANTEE's license rights hereunder. GRANTEE shall, to the
extent allowed by law, indemnify and hold harmless GRANTOR and the officers, directors,
employees, agents, successors and assignees of GRANTOR (the GRANTOR and such
persons are collectively referred to as the "Indemnified Persons")from and against any and
all mechanics', material men's or other liens or claims ("Mechanic's Liens") and all costs and
expenses, including attorney's fees, associated therewith, arising out of any such work.
GRANTEE shall not permit any lien to be placed upon GRANTOR's real or personal
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property on account of any actual or alleged act, failure to act, or obligation of GRANTEE,
and GRANTEE shall promptly takes all steps necessary to remove any lien from
GRANTOR'S real or personal property which lien is imposed because or on account of any
alleged or actual act, failure to act, or obligation of GRANTEE. GRANTEE'S obligations with
respect to liens as described in this paragraph extend to any activity or omission of
GRANTEE, and are not confined to liens imposed in connection with GRANTEE'S initial
construction activities.
9) Intentionally omitted.
10)Insurance. GRANTEE must, at its sole expense, maintain in effect at all times during the
term of this agreement the following insurance policies:
a) Commercial General Liability Insurance. GRANTEE must maintain commercial general
liability insurance, including pollution liability coverage, covering GRANTOR and the
officers, directors, employees, agents, successors and assignees of GRANTOR and
GRANTEE for liability for property damage, bodily injury, personal injury, and death.
The insurance provided under this section must be in the amount of not less than
$1,000,000 per occurrence for property damage and not less than $1,000,000 per
occurrence for personal injury, bodily injury, or death. This insurance must protect
against liability to any employees or servants of GRANTEE and to any other person or
persons whose property damage, personal injury, or death arises out of or in connection
with the occupation, use, or condition of the Crossing, the License Strip, or the
Construction Area, and must include (i) coverage for premises and operations, (ii)
coverage for products liability, and (iii) contractual liability coverage insuring the
obligations of GRANTEE under the terms of this Agreement. Such policy must name
GRANTOR and the officers, directors, employees, agents of GRANTOR and any
successors and assignees designated by GRANTOR as an additional insured.
b) Workers Compensation. GRANTEE must maintain workers compensation insurance to
protect against claims under Texas Workers Compensation laws as well as all Federal
acts applicable to GRANTEE's operations at the License Strip or the Construction Area.
The limit of liability for such coverage must at least meet applicable statutory
requirements. Additionally, each policy must contain an endorsement waiving all rights
of subrogation against GRANTOR and the officers, directors, employees, agents of
GRANTOR and any successors and assignees designated by GRANTOR.
c) Employer's Liability. GRANTEE must maintain employer's liability insurance in the
minimum amount of $1,000,000 per occurrence for personal injury, bodily injury, or
death to any employee of GRANTEE who may bring a claim outside the scope of the
Texas Worker's Compensation laws or federal acts applicable to GRANTEE's operations
at the License Strip or the Construction Area. Additionally, each policy must contain an
endorsement waiving all rights of subrogation against GRANTOR and the officers,
directors, employees, agents of GRANTOR and any successors and assignees
designated by GRANTOR.
d) Automobile Insurance. GRANTEE must maintain automobile liability insurance
coverage on all its owned or rented vehicles in the minimum amount of $1,000,000
combined single limit coverage per occurrence. Additionally, each policy must contain an
endorsement waiving all rights of subrogation against GRANTOR and the officers,
directors, employees, agents of GRANTOR and any successors and assignees
designated by GRANTOR.
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e) Umbrella Liability Insurance. GRANTEE must maintain umbrella/excess liability
insurance in the amount of not less than $2,000,000 per occurrence and be excess over
all underlying insurance coverage described in this agreement.
f) Waiver of Subrogation and Other Rights. GRANTOR and GRANTEE agree to waive
any and all rights of recovery, claims, actions, or causes of action against the other, its
agents, officers, directors and employees for any injury, death, loss, or damage that may
occur to persons or to the Crossing, the License Strip, or the Construction Area, or any
personal property of such party on the Crossing, the License Strip, or the Construction
Area, by reason of fire, windstorm, earthquake, flood or any other risks, or any other
cause that is insured under the insurance policy or policies that either party is required to
provide or maintain under this agreement, regardless of cause or origin, except to the
extent of the gross negligence or intentional misconduct of either party hereto, its
agents, officers, directors or employees, and each party covenants that no insurer will
hold any right of subrogation against the other. If such waiver is not obtained, the party
failing to do so indemnifies the other party for any claim by an insurance carrier arising
out of subrogation.
g) Insurance Requirements. The phrase "Required Policy" means each policy of insurance
required to be maintained by GRANTEE under the terms of this agreement. Each
Required Policy must be written by a company satisfactory to GRANTOR, but in all
events by a company with an A.M. Best Company financial rating of not less than A-VIII
(or a similar rating by a comparable service selected by GRANTOR should A.M. Best
Company cease providing such ratings) and be licensed to do business in Texas or, if
the aforesaid is not available, by a company qualified to do business as a non-admitted
insurer in Texas under current Texas surplus lines requirements. GRANTEE must
deliver to GRANTOR a certificate of insurance for any Required Policy within 10 days of
execution of this agreement. The required evidence of coverage must always be
deposited with GRANTOR. If GRANTEE fails to do so, such failure may be treated by
GRANTOR as a default by GRANTEE under this agreement and GRANTOR, in addition
to any other remedy under this agreement, may purchase and maintain such Required
Policy and GRANTEE must immediately reimburse GRANTOR for any premiums paid or
costs incurred by GRANTOR in providing such insurance. Failure of GRANTEE to
reimburse GRANTOR is a default by GRANTEE of this agreement.
h) Indemnity for Noncompliance with Insurance Requirements. GRANTEE, to the extent
allowed by law, INDEMNIFIES and HOLDS HARMLESS GRANTOR and the officers,
directors, employees, agents of GRANTOR and any successors and assignees
designated by GRANTOR (sometimes referred to in this Crossing Agreement as the
"Indemnified Persons") from any loss it may suffer due to GRANTEE's failure to comply
with all the above insurance requirements, including the requirement for obtaining
waivers of subrogation, and due to any insurance coverage being invalidated because of
GRANTEE's failure to comply with the terms, covenants, conditions, and warranties of
any Required Policy.
11)Indemnification of Grantor. To the extent allowed by law, the GRANTEE will indemnify
the GULF COAST WATER AUTHORITY, their officers, representatives, and employees,
against and defend and hold them harmless from any and all liability for damages on
account of injury to persons or damage to property resulting from, or arising out of, or in any
way connected to property resulting from, or arising out of, or in any way connected with, the
operations covered by this agreement. The GRANTEE will reimburse the GULF COAST
WATER AUTHORITY for all costs, expense, and loss, including attorney's fees, incurred by
them in consequence of any claims, demands and causes of action which may be brought
against them arising out of the operations covered by this agreement, whether caused or
allegedly caused in part by the negligence of such indemnities. This indemnification shall
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exclude only the sole negligence or willful misconduct of the GULF COAST WATER
AUTHORITY or their authorized officers, agents, employees, and representatives. The
insurance certificate shall state: "Additional insured and waiver of subrogation in favor of
Gulf Coast Water Authority". In no case shall the use of Sub-contractors in any way alter the
position of the GRANTEE or its sureties with relation to this Contract. When a Sub-
Contractor is used, the responsibility for every portion of the work shall still remain with the
GRANTEE.
12) Grantor's Reserved Rights. GRANTOR expressly reserves unto itself and GRANTOR's
successors and assigns, the right to use and enjoy the land covered by the License Strip
and the Construction Area for any purposes whatsoever, except insofar as said use and
enjoyment unreasonably interferes with the rights hereby granted to GRANTEE.
GRANTOR specifically reserves the right (i) to grant additional easements or rights-of-way
upon or across the License Strip to such other persons or entities and for such purposes as
GRANTOR may desire, (ii) to extend roads, railroad tracks, or other structures across or
along the License Strip, (iii) to construct or locate upon or across the License Strip fences,
signs, pavement and other such items or materials, (iv) to use the License Strip for the
disposal of surface water, rain or any excess water collecting upon GRANTOR's land, and
(v) to change the dimensions or location of the License Strip (at GRANTEE's sole cost and
expense); provided that, in all such cases, GRANTEE shall not be unreasonably and
permanently disturbed in the enjoyment of the rights hereby granted to GRANTEE.
13)Required Contract Provisions. Every contract entered into between GRANTEE and any
mechanic, material man, laborer, worker, artisan, contractor or subcontractor (a
"Contractor"), and every contract entered into between a Contractor and any other
Contractor, must contain a provision by which each Contractor agrees to indemnify and hold
harmless the Indemnified Persons from and against any and all (i) Mechanic's Liens, and (ii)
Claims caused by or arising out of any of GRANTEE's (or its employees', agents', or
Contractors') operations hereunder or otherwise relating to the construction, operation,
maintenance, and /or service of the Crossing or the License Strip and/or caused by or
arising out of GRANTEE's (or its employees', directors' agents', or Contractors') failure to
comply at all times with all applicable Laws. EVEN THOUGH THE CLAIM IS ALLEGED TO
BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER WRONGFUL
ACT OF AN INDEMNIFIED PERSON.
14)Notices. Any notice provided or permitted to be given in this agreement must be in writing
and may be given by depositing the notice in the United States mail, postage prepaid,
certified with return receipt requested, and addressed to the party to be notified at the
address set forth below, or at the last address for notice which the sending party has for the
party to be notified at the time the notice is sent. Notice deposited in the mail in the
foregoing manner shall be effective upon receipt or refusal. Notice given in any other
manner shall be effective only if and when actually received by the party to be notified. For
purposes of notice, the addresses of the parties shall be as described on the first page of
this agreement. Either party, by notifying the other party hereto in the manner provided in
this paragraph, may designate a different address for receipt of subsequent notices.
15)Environmental Matters. GRANTEE shall not be responsible for removal, disposal, or any
fines or other expenses relating to any or all hazardous substances or solid wastes stored,
disposed of, or otherwise released onto or from the Crossing, the Construction Area, the
License Strip or adjacent property prior to the execution of this agreement. GRANTEE will
not cause or permit the License Strip, the Construction Area, or GRANTOR to be in violation
of, or do anything or permit anything to be done by GRANTEE, its Contractors, agents or
employees which will subject the License Strip, the Construction Area, or GRANTOR to any
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remedial obligations under applicable laws pertaining to health or the environment (such
laws as they now exist or are hereafter enacted and/or amended are hereinafter sometimes
collectively called "Applicable Environmental Laws"), including without limitation the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended by the Superfund Amendments and Reauthorization Act of 1986 (as amended,
hereinafter called "CERCLA"), the Resource Conservation and Recovery Act of 1976, as
amended by the Used Oil Recycling Act of 1980, the Solid Waste Disposal Act Amendments
of 1980, and the Hazardous and Solid Waste Amendments of 1984 (as amended,
hereinafter called "RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act,
or any other applicable state, federal, county or municipal law, rule or regulation relating to
environmental issues, as each of said laws may be amended from time to time, assuming
disclosure to the applicable governmental authorities of all relevant facts, conditions and
circumstances, if any, pertaining to GRANTEE's use of the License Strip and Construction
Area. GRANTEE agrees to obtain any permits, licenses or similar authorizations, to
construct, operate or use the Crossing, the Construction Area, and the License Strip for the
purposes set forth herein by reason of any Applicable Environmental Laws which concern or
result from the use of the Crossing, the Construction Area, or the License Strip. GRANTEE
will promptly notify GRANTOR in writing of any existing, pending or, to the best knowledge
of GRANTEE, threatened investigation or inquiry by any governmental authority in
connection with any Applicable Environmental Laws concerning GRANTEE's use of the
Crossing, the Construction Area, or the License Strip and GRANTEE's use, operation and
maintenance of GRANTEE's facilities. In connection with GRANTEE's use, operation and
maintenance of the Crossing, the Construction Area, and the License Strip, GRANTEE will
not cause or permit the disposal or other release of any hazardous substance or solid waste
on or to the Crossing, the Construction Area, or the License Strip. In connection with
GRANTEE's use, operation and maintenance of the License Strip, GRANTEE covenants
and agrees to keep or cause the Crossing, the Construction Area, and the License Strip to
be kept free of such hazardous substance or solid waste and to remove the same (or if
removal is prohibited by law, to take whatever action is required by law) promptly upon
discovery, at GRANTEE's sole cost and expense. If GRANTEE fails to comply with or
perform any of the foregoing covenants and obligations, GRANTOR may (without any
obligation, express or implied) remove any hazardous substance or solid waste from the
Crossing, the Construction Area, or the License Strip (or if removal is prohibited by law, take
whatever action is required by law) and the cost of the removal or such other action shall be
reimbursed by GRANTEE to GRANTOR. GRANTEE grants to GRANTOR and its agents,
employees, officers, directors, contractors and consultants access to the Crossing, the
Construction Area, and the License Strip and the license (which is coupled with an interest
and irrevocable) to remove such hazardous substance or solid waste (or if removal is
prohibited by law, to take whatever action is required by law) and agrees to reimburse
GRANTOR for and to hold GRANTOR harmless from all costs and expenses involved
therewith. The terms "hazardous substance" and "release" as used in this agreement shall
have the meaning specified in CERCLA, and the terms "solid waste" and "disposal" (or
"disposed") shall have the meanings specified in RCRA; provided, that if either CERCLA or
RCRA is amended so as to broaden the meaning of any term defined thereby, such broader
meaning shall apply hereunder subsequent to the effective date of such amendment and
provided further, to the extent that any other federal or state law established a meaning for
"hazardous substance", "release", "solid waste", or "disposal" which is broader than that
specified in either CERCLA or RCRA, such broader meaning shall apply.
16)Disclaimer of Warranties. GRANTOR has executed and delivered this agreement, and
GRANTEE has received and accepted this agreement, the Crossing, the Construction Area,
and the License Strip, AS IS, WHERE IS, AND WITH ALL FAULTS, EXCEPT AS
OTHERWISE SET FORTH IN SECTION 15 ABOVE, AND WITHOUT ANY
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED,
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WRITTEN OR ORAL; IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO
EXPRESSLY REVOKE, RELEASE, NEGATE AND EXCLUDE ALL REPRESENTATIONS
AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL EXPRESS OR
IMPLIED REPRESENTATIONS AND WARRANTIES AS TO (i)THE CONDITION OF THE
LICENSE STRIP OR CONSTRUCTION AREA OR ANY ASPECT THEREOF, INCLUDING,
WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND WARRANTIES RELATED TO MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR USE OR PURPOSE; (ii) THE SOIL CONDITIONS, DRAINAGE,
TOPOGRAPHICAL FEATURES, OR OTHER CONDITIONS OF THE LICENSE STRIP OR
CONSTRUCTION AREA OR WHICH AFFECT THE LICENSE STRIP OR
CONSTRUCTION AREA (iii) ANY FEATURES OR CONDITIONS AT OR WHICH AFFECT
THE LICENSE STRIP OR CONSTRUCTION AREA WITH RESPECT TO ANY
PARTICULAR PURPOSE, USE, DEVELOPMENT POTENTIAL, OR OTHERWISE; (iv)
THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, QUANTITY,
QUALITY, VALUE, CONDITION, OR AMOUNT OF THE LICENSE STRIP OR
CONSTRUCTION AREA; (v) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY
DESCRIPTION OF THE LICENSE STRIP OR CONSTRUCTION AREA; (vi) ANY
ENVIRONMENTAL, GEOLOGICAL, OR OTHER CONDITION OR HAZARD OR THE
ABSENCE THEREOF EVER AFFECTING IN ANY MANNER ANY OF THE LICENSE
STRIP OR CONSTRUCTION AREA; AND (vii) ALL OTHER EXPRESS OR IMPLIED
WARRANTIES AND REPRESENTATIONS BY GRANTOR WHATSOEVER.
17) No Guarantee, Warranty, or Liability Concerning Damage to Grantee's Facilities.
Under no circumstances shall GRANTOR, its successors, agents, employees, contractors
or assigns have any liability whatsoever for any damage to GRANTEE's facilities which
damage is caused by any event, action, or agency, other than damage intentionally
caused by GRANTOR, its successors, agents, employees, contractors or assigns.
Intentionally caused damage shall not include damage directly or incidentally caused in
connection with the efforts of GRANTOR, its successors, agents, employees, contractors or
assigns, to protect, preserve, maintain, or construct GRANTOR'S real or personal property
wherever located.
18) Anticipated Assignment. GRANTOR and GRANTEE and the CITY OF PEARLAND
(CITY) anticipate and intend that at some point in time the CITY will accept certain facilities
constructed by GRANTEE in connection with the Construction referred to herein. All parties
hereto agree that the terms, rights and obligations of this Crossing Agreement are not limited in
application only to the GRANTEE, but they specifically are intended to be apply to the CITY, as
anticipated assignee, as evidenced by such anticipated assignee's execution of this Crossing
Agreement, which evidences its intent to be bound by this Crossing Agreement. Upon formal
acceptance of the facilities by the CITY, GRANTOR, GRANTEE and CITY agree that the rights
and obligations under this Crossing Agreement are assigned to the CITY, except that CITY
does not need to comply with subsection 10(e) regarding Umbrella Liability Insurance and the
requirement that insurance be with an A.M Best Company with rating of not less than A- VIII.
Until and unless there is formal acceptance of the facilities by the CITY, all rights and
obligations under this Agreement remain with GRANTEE.
Executed this, day of ,
9
GRANTOR:
GULF COAST WATER AUTHORITY
By:
Ivan Langford, General Manager
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
, by , of Gulf Coast Water Authority, on
behalf of the Authority.
Notary Public, State of Texas
GRANTEE:
S!Ss- - , L .
By:y RICHARD C. HALE
Name:
Title: StN10R VICE PRESIDENT
STATE OF §
COUNTY OF F §
This instrument was, cknowledged before me on the 74*day of
3 X WCE RE1Ad'of 61BS'e,�t2�L- ,
oQ�,n4i behalf. -
dal -
N•ta t 'ublic, State 00
MERRILEE J.ZEDAN
MY COMMISSION EXPIRES
r Mt-\ MARCH 31,2017
' THE CITY OF PEARLAND
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
, by , of
on its behalf.
Notary Public, State of Texas
10
GRANTOR:
GUL OAST W ER AU 0 ITY
•
Ivan Langford, Gen I anager
STATE OF TEXAS §
COUNTY OF C-YAyes\a+- §
This instrument wa acknowledged before me on the 34b day of u.4 ,
2°13 , by IVcv.La -- cc , Ce .exal VYIAnu3&r of Gulf Coast Water Aut rity, on
behalf of the Authority.
O
Notary Public, State of Texairsvial
or• Denise Renee Dondonay ) GRANTEE:
Notary Public
' STATE OF TEXAS '
frilor My Comm.Bp.January 4,2017 /I p
By:
Name: RICHARD C. HALE
Title: SENIOR VICE PRESIDENT
STATE OF T S §
COUNTY OF ( §
This instrument was acknowledged before me on the day of ,
�/3, by,�k'� G. ItAL.E SR llieg tr,. dr o SIB SC.R� ,
on its behalf.
i
t'.t.t•u;tt::liV.-..a»111\t1111111:1111VA\u IV. :ta 'u.'ic, to • ex-
lir;4 �11, MERRILEE J.ZEDAN
" , r MY COMMISSION MI ES
r )< ..,i MARCH 31,2017
THE CITY OF PEARLAND
x41.4/....._
By: c
Name: 'GkieI G. G
Title: SSt• ail. A4 2
STATE OF TEXAS §
COUNTY OF• +C4iO►`►CL §
This instrument waq acknowledged before me on the CV 4'day of l A-Cl,1t UST
3O G , by \i' i C(,e 1 h. ' all°.. , s1 . �,.r i-vi MT. of --1) o'f (�r`ic,r'l ti r\A ,
on its behalf.
mow -�: , _.-t _:. 1 ,1-k .�.11.4k (1-t'. '.
1 :•',� ,, ' - Notary Public, State of Texas
10
EXHIBIT A
June 25,2013
Job No.2027-0702L
DESCRIPTION OF
0.902 ACRE (39,300 SQUARE FEET)
PROPOSED
CONSTRUCTION AREA
GULF COAST WATER AUTHORITY
(100 FEET WIDE)
Being 0.902 acre (39,300 square feet), of land located in the H.T. & B.R.R. Co. Survey,
Section 84, Abstract Number 538, Brazoria County, Texas, more particularly being a portion of
that certain called 315.292 acre tract conveyed to 518SCR, LTD. by an instrument of record
under File Number 2011089118, Official Public Records of Fort Bend County, Texas, and
Document Number 2011036869, Official Records of said Brazoria County (B.C.O.R.), said
0.902 acre (39,300 square feet), being more particularly described by metes and bounds as
follows, all bearings referenced to Texas Coordinate System, South Central Zone (NAD 27); all
coordinates shown are referenced to the Texas Coordinate System, South Central Zone, NAD
83 and are grid coordinates. To convert to surface, divide by a factor of 0.99987.
COMMENCING for reference at a 5/8" iron rod with cap stamped "LJA ENG",
previously set for the southwest corner of the aforementioned 315.292 acre tract, same being
on the east line of Malvern Townsite & Outlots, a subdivision of record under Volume Z, Page
243, Map Records of said Fort Bend County, also being the east line of the Manuel Escalera
Survey, Abstract 654, Brazoria County, Texas and the common west corner of the
aforementioned H.T. & B.R.R. Co. Survey, Section 84 and the J. S. Talmage Survey, Abstract
Number 566, Brazoria County,Texas;
Thence, North 03° 13' 07" West, with the common line of said 315.292 acre tract and
Malvern Townsite & Outlots, and said common survey line, 1,619.08 feet to the southwest
corner of a 100-foot wide water canal easement granted to Gulf Coast Water Authority by an
instrument of record under Document Number 2007040668, B.C.O.R.;
Page 1 of 2
I:\Projdskl\SURVEY\2027\0702L\Docs\canal esmt.doc
0.902 acre June 25,2013
Job No. 2027-0702L
Thence, South 84° 37' 11" East, departing said west line and said common lines, with
the south line of said 100-foot wide water canal easement, 1,214.35 feet to the POINT OF
BEGINNING of the herein described tract, having grid coordinates of X= 3,103,404.94, Y=
13,762,804.93.
Thence, North 04° 43' 48" East, departing the south line of said 100-foot wide water
canal easement, 100.01 feet to a point for corner on the north line of said 100-foot wide water
canal easement, having grid coordinates of X=3,103,413.19, Y= 13,762,904.58;
Thence, South 84° 37' 11" East, with the north line of said 100-foot wide water canal
easement, 401.00 feet to a point for corner, having grid coordinates of X= 3,103,812.37, Y=
13,762,866.98;
Thence, departing said north line, South 13° 50' 08" West, 101.10 feet to a point for
corner on the aforementioned south line of said 100-foot wide water canal easement, having
grid coordinates of X=3,103,788.20, Y= 13,762,768.82;
Thence, North 84° 37' 11" West, with the south line of said 100-foot wide water canal
easement, 385.00 feet to the POINT OF BEGINNING and containing 0.902 acre (39,300 square
feet) of land.
t_ KEITH W. (\4 t\ OE 4 LJA Engineering, Inc.
4797 •. 'j•' M
\,,,),t,��I E'�4"�F.Fo��
'Ogi,. s"'74P-''''' A11,41 -----
- 25 - zv / ?
Page 2 of 2
I:\Proidski\SURVEY\2027\0702L\Docs\canal esmt.doc
41
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MONUMENTS --------
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44IiI4t* 4 c, -1,v I
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!l AIRLINE-FT.BEND RD #2
, 1
1 ,
f
a ,thematic:plan fur
SOUTHLAKE
+ 315.1 ACRES OF LAND
722 TOTAL LOTS
518SCR, Ltd.
t
KERRY R. 8?La ERt A ASSOCIATES. INC. LOnd Plannma CWlxaitanl,
1,11110110 WO 0.4.110 141 Sl......110.0..1.ANS IS NO FOR,011INTSTION.C.STS1,100100 INSP..
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holy T.at 7,9-1
♦• 0e0 71t;T•a1.:awxnanrl ry wof to t.e M: cr Fin T,I eMe .cOnin;n00 NOVEMBER 16,0018 {:btu 579 01.10
r.., KOA 0032010 71 0 F,:;291?570881.
Gulf Coast Water Authority
ITT4 ; r },, \ � 3630 Highway 1765
'—' Texas City, Texas 77590
(409) 935-2438 g (409) 935-4156
www.gulfcoastwaterauthority.com
Letter of Transmittal
September 5, 2013
Mickiel G. Hodge
Assistant City Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Applications for Crossing Agreements
Please see:
Attached ✓ Mailed Faxed
Shop Drawings Prints Plans
Copy of Letter Change Order Other
Copies Date Description
1 9/5/2013 Southlake Bridge
1 9/5/2013 8" PVC Sanitary Sewer
Transmitted as checked below:
For you approval Approved as Submitted Resubmit Copies for Approval
For your Records✓ Approved as Noted Submit Copies for Distribution
As Requested Returned for Corrections Return Corrected Prints
Remarks:
Thank you,
Renee Dondonay
Administrative Assistant