HomeMy WebLinkAboutResolution - 4435 - Ground-Lease Agreement-SOJO Treatment LC-Temporary Transfer Facilitiy, Landfill - 03_24_1994Resolution No. 4435
March 24, 1994
Item #35
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Ground -Lease Agreement between the City of
Lubbock and SOJO Treatment, L.C. for lease of land at the City of Lubbock Landfill for a
temporary transfer facility to be operated by SOJO Treatment, L.C., which Agreement is attached
hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 24th day of March 1994.
ATTEST:
&Ct�_ jk I
Betty M'Johnson, 61ity Secretary
APPROVED AS TO CONTENT:
, " �t i .
ct
Lee Ramirez Solid Waste
Superintendent
APPROVED AS TO FORM:
Jt# C. Ross, City Attorney
JCR: dp\G:bcdocs\SOJO.Res
March 14, 1994
CITY OF LUBBOCK
CITY ATTORNEY' S OFFICE
MEMORANDUM
TO: Bob Cass, City Manager
FROM: John Ross, City Attorney
SUBJECT: SOJO Treatment L.C., Liability Insurance
DATE: April 12, 1994
As you recall at the last Council meeting the Council considered Resolution #4435
authorizing a Ground -Lease Agreement between the City of Lubbock and SOJO
Treatment, L.C. for lease of land at the City of Lubbock Landfill for a temporary transfer
facility to be operated by SOJO Treatment, L.C.
This Resolution was passed on the condition that the City Attorney certify that SOJO has
environmental insurance coverage for spill mitigation. I have reviewed the policies and
cannot certify that they contain such coverage.
Please see interoffice memorandum dated April 8, 1994, to me from Martha Ellerbrook
verifying the fact of no environmental coverage.
I would suggest that this item be put back on the Council agenda in light of the
information contained in the attached memorandum to determine whether or not Council
feels it should vary from its prior course of action restricting approval of this Agreement
without environmental insurance coverage.
Thank you,
�i
John C. Ross
JCR/dp
cc: Larry Hoffman, Director of Transportation
ee Ramirez, Solid Waste Superintendent
VBetty Johnson, City Secretary
CITY OF LUBBOCK
INTER -OFFICE MEMORANDUM
DATE: April 8, 1994
TO: John Ross, City Attorney
FROM: Martha Ellerbrook, Environmental Compliance SpecialistL/1�
SUBJECT: SOJO Treatment L.C., Liability Insurance
The following is information concerning SOJO Treatment's
liability insurance. This information is being presented in
response to City Council's concern of an exclusion for pollution
control liability on SOJO Treatment's current insurance policy.
1) Pollution Control liability is automatically excluded
from all general liability policies, unless an additional
endorsement for pollution control liability is purchased. SOJO
Treatment did not purchase the additional endorsement for this
type of coverage.
2) The type of material which SOJO Treatment is authorized
to accept is NON -HAZARDOUS. Therefore any spill which may occur
could be cleaned -up (dirt and spill material) and placed in a
roll -off container, mixed with additional dirt if necessary to
prevent free liquids from escaping, and disposed of, with special
authorization, in the City of Lubbock's Landfill, or at the BFI
landfill in Canyon, Texas.
3) The pollution control liability would be an additional
cost for SOJO Treatment of approximately $2,300/year. The
additional cost would cause SOJO Treatment to close the temporary
facility. Closure of this facility would drastically affect the
businesses in Lubbock by causing local haulers to increase the
cost of pumping grease and grit traps and disposing of this
material in Canyon, Texas. Obviously this cost would in turn be
passed on to the customers (restaurants, hospitals, nursing
homes, car washes, etc.). Local companies are already decreasing
the cleaning frequency of the traps, thereby resulting in
problems in the wastewater collection system and at the
wastewater treatment plant.
Please inform me of the status of the SOJO Treatment Lease
Agreement at your earliest convenience. If you have additional
questions or comments, please feel free to contact me at ext.
2498.
xc: Larry Hoffman, Director of Transportation
Lee Ramirez, Solid Waste Superintendent
Debra Frankhouser, Assistant Superintendent of Solid Waste
file
Resolution No. 4435
March 24, 1994
Item #35
STATE OF TEXAS §
COUNTY OF LUBBOCK §
GROUND LEASE AGREEMENT
WITNESSETH:
This Agreement is made and entered into this 24thday of March ,
1994, by and between the City of Lubbock, Texas, herein referred to as Lessor,
and Sojo Treatment, L.C., herein referred to as Lessee.
1.) DEMISE OF LEASED PREMISES. In consideration of the mutual
covenants set forth in this Lease and other good and valuable consideration, Lessor
does hereby demise and lease to Lessee, and Lessee does hereby lease from
Lessor, the premises situated in Lubbock County, Texas, more particularly
described on the map attached hereto as Exhibit A.
Lessee is to have and to hold the leased premises, together with all rights,
privileges, easements, appurtenances and immunities belonging to or in any way
appertaining to the leased premises, including, but not limited to, any and all
easements, rights, title and privileges of Lessor, existing now or in existence at any
time during the lease term.
2.) LEASE TERM. This Lease shall be for a term of five (5) months from
the date of execution hereof by all parties. This Lease may be extended by the
parties upon mutual consent of the parties upon the same terms and conditions for
another two months, if necessary.
3.) TERMINATION. This Lease shall terminate in accordance with the
provisions of paragraph 2 without further notice. In addition, this Lease may be
terminated sooner by either party upon thirty (30) days written notice to the other
Ply•
4.) RENTAL PAYMENT. Lessee hereby agrees to pay in consideration of
such use, as well as the furnishing by the City of dirt and other building materials
the sum of $.01 per gallon of liquid waste received at such facility as reflected by
the manifests furnished to Lessee by transporters. Such payments shall be made to
the Lessor monthly within ten (10) days of the first of each month during the lease
term. The Lessor shall have the right to review all manifests prior to payment by
Lessee.
5.) USE OF PREMISES. Lessee shall have the right to use the premises for
the purposes of constructing and operating temporary waste loading facilities at the
City of Lubbock landfill, as is more fully set forth in the Proposal for Transfer of
Grit & Grease Trap Waste dated September 18, 1993, and attached hereto as
Exhibit B and made a part hereof for all intents and purposes. Lessee agrees not to
use any or all of the leased premises for any use or purpose in violation of any
valid and applicable law of the United States, the State of Texas, or the City of
Lubbock, or other lawful authority having jurisdiction over the leased premises.
Lessee hereby agrees to design and operate the facility in such a manner as to
prevent spills of the non -hazardous waste being received and in the event any spill
does occur, the Lessee agrees to use landfill dirt to dispose of such material
without further cost to the Lessor. Lessee hereby agrees that prior to termination of
this Lease agreement, Lessor's premises shall be returned to the same condition as
when this Lease agreement was commenced and Lessee shall be responsible for
any environmental impact or cleaning required without cost to Lessor.
6.) CONSTRUCTION BY LESSEE. Lessee shall have the right at any time
and from time to time during the term of this Lease to erect, maintain, alter,
construct, reconstruct, build or rebuild such improvements as Lessee shall deem
beneficial and necessary to the project, subject only to the following general
conditions:
(a) The cost of any such work shall be borne by the Lessee.
(b) Detailed plans of the facilities to be constructed will be submitted
for review and approval to the Lessor prior to commencement of construction.
Approval of such plans shall not be unreasonably withheld by Lessor.
(c) The leased premises shall at all times be kept free of mechanic's
and materialmen's liens.
(d) Lessor shall be notified of the time of commencement and the
general nature of such work, other than routine maintenance.
7.) RIGHT TO REMOVE IMPROVEMENTS. Lessee shall have the right
at any time within ninety (90) days of the end of the lease term to remove any and
all equipment, machinery or trade fixtures, owned or placed by Lessee.
8.) LESSEE'S DUTY TO MAINTAIN AND REPAIR. At all times during
the term of this Lease, Lessee will keep and maintain or cause to be kept and
maintained, the leased premises and all equipment and improvements which may
be erected on the leased premises in a good state of appearance and repair at
Lessee's expense.
Ground Lease Agreement - Page 2
9.) INSURANCE. At all tunes during the term of this Lease, Lessee shall
provide and keep in force liability insurance covering Lessee and Lessor for
liability for property damage and personal injury. This insurance shall be in an
amount of not less than $25,000 for property damage and $50,000 for personal
injury per occurrence. Lessee shall furnish Lessor with a certificate of insurance
indicating the above coverages prior to commencement of operations on the leased
premises.
10.) INDEMNIFICATION OF LESSOR. Lessee hereby agrees indemnify
and hold Lessor harmless from any loss, damage or injury of any kind or character
arising from any use of the leased premises, or any part of the leased premises, or
caused by any defect in any building, structure, improvement, equipment or
facility on the leased premises or caused by or arising from any act or omission of
Lessee, or any of Lessee's agents, employees, licensees or invitees.
11.) ASSIGNMENT OR SUBLEASE. Lessee may not assign the premises
or any portion of the premises or sublease the premises or any portion of the
premises without the written consent of the Lessor.
12.) RIGHT OF ENTRY AND INSPECTION. Lessee shall permit Lessor
or Lessor's agents, representatives or employees, to enter on the leased premises
for purposes of inspection, determining whether Lessee is in compliance with the
terms of this Lease or for the purposes of maintaining, repairing or altering the
premises.
13.) DELIVERY OR RENTS. All payments, notices, demands or requests
from Lessee to Lessor shall be given or mailed to Lessor at Solid Waste
Management, P.O. Box 2000, Lubbock, Texas 79457, or at such other place as
shall be requested by Lessor in writing.
14.) TEXAS LAW TO APPLY. This agreement shall be construed under
and in accordance with the laws of the State of Texas, and all obligations of the
parties created by this lease are performable in Lubbock County, Texas.
15.) AMENDMENT. No amendment, modification or alteration of the
terms of this Lease shall be binding unless it is in writing, dated subsequent to the
date of this Lease and duly executed by the parties to this Lease.
Ground Lease Agreement - Page 3
THIS LEASE is executed by the parties hereto on the first date hereinabove stated
at Lubbock, Texas.
SOJO TREATMENT, L.C.:
OF LUBBOCK:
VID R. LAMSTON
MANAGER AND VICE PRESIDENT MAYOR
ATTEST:
Secretary
ATTEST:
&'t-' 'U-C�'�
Betty . John on, City Secretary
APPROVED AS TO CONTENT:
V�
Lee R z,
Solid Waste Superintendent
APPROVED AS TO FORM:
C-
ohn C. Ross,
City Attorney
Ground Lease Agreement - Page 4
STATE OF TEXAS §
COUNTY OF LUBBOCK §
The foregoing instrument was acknowledged before me on the day of
, 1994, by Stephen B. Aikman.
Notary Public, State of Texas
My commission expires
STATE OF TEXAS §
COUNTY OF LUBBOCK §
The foregoing instrument was acknowledged before me on the 24th day of
March , 1994, by David R. Langston.
My commission expires 9 -
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Notary Public, State of Texas
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Ground Lease Agreement - Page 5
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GRIT and GREASE TRANSFER STATION
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SOJO TREATMENT, L.C.
24 SMITH ROAD. Su1TE 200
MIDLAND. TExAs 79705
915-U2.7954 (OFF)
915.U4-7455 (FAX)
September 18, 1993
Mr. Lee E. Ramirez
Superintendent of Solid Waste
P.O. Box 2000
Lubbock, TX 79403
Re: Proposal for Transfer
of Grit & Grease Trap Waste
Dear Lee:
Pursuant to your request, following is a proposal for the collection of grease and
grit trap wastes from the City of Lubbock to the Type-V processing facility
owned and operated by Sojo Treatment (MSW-2183) located in Abiler. T--cas.
Sojo will, in conjunction with Bergstein Environmental, Inc., construct and
operate waste loading facilities at a location within the permitted area of the City
of Lubbock landfill. Detailed plans of these facilities will be made by the
engineering firm of Parkhill, Smith & Cooper, and will be provided to you. These
facilities are temporary and will be operated until approval is received by Sojo
from the Texas Natural Resource Conservation Commission ("TNRCC") to operate
the Type-V plant currently being permitted at Lubbock under MSW-2231. It is
expected that this plant will be operational in February, 1991.
Sojo will use its best efforts to secure authorization from the TNRCC to operate
the proposed transfer facilities, and agrees to comply with all regulations of the
TNRCC and the City of Lubbock in such operations.
Sojo will furnish an employee to supervise the inspection, loading and transfer
of such wastes. Said employee will be able to use the facilities at the landfill to
perform his duties. In consideration for such use, as well as the furnishing by
the City of dirt and other building material for such facilities, Sojo agrees to pay
to the City of Lubbock the sum of $0.02 per gallon of waste received as reflected
in the manifests furnished to Sojo by the transporters. The City shall have the
right to review all manifests, and inspect all wastes, prior to their receipt by
Sojo.
While it is contemplated that the facilities will be designed and operated to
prevent any spills of the non -hazardous wastes being received, in the event a
spill does occur, Sojo will be able to mix any spilled wastes with dirt from the
landfill, and dispose of same without cost. Sojo and Bergstein Environmental,
Inc. agree to indemnify the City of Lubbock from any claims arising from the
construction and operation of such facilities.
Sojo :agrees to provide the City of Lubbock thirty (30) days notice prior to
termination of operation of the facilities.
Mr. Lee E. Ramirez
September 18, 1993
page two
Operational details of the facility will be mutually agreed upon by the City of
Lubbock, Bergstein Environmental, Inc. and Sojo Treatment, L.C. prior to the
commencement of such operations.
In the event the foregoing meets with your understanding and approval, please
so indicate by signing and returning two copies of this letter to me at your
earliest convenience. Thank you for your assistance and cooperation in this
matter.
Yours very truly,
?ATMENT, L.C.
KAikan
and Vice -President
AGREED TO AND ACCEPTED this
day of , 1993.
CITY OF LUBBOCK
By:
BERGSTEIN 7/7
, INC.
Pieter Bergstein
President