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HomeMy WebLinkAboutResolution - 2016-R0441 - Temporary Access And Construction Easement - Commissioner Of DADS - 12/15/2016Resolution No.2016-R0441 Item No.6.9 December 15,2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock,a Temporary Access and Construction Easement in connection with certain properties in Lubbock County.Texas, owned by the State of Texas, acting byand through the Commissioner of the Department of Aging and Disability Services, and all related documents.Said Easement is attached heretoand incorporated in this resolution as if fullyset forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 15,2016 . DANIEL M.POPE.MAYOR ATTEST: £jLt*~<^ Reblcca Garza.City Secretary APPROVED AS TO CONTENT: ^rfklin,P.E.,Director of Public Works Dave Booher. Right-of-Way Agent APPROVED AS TO FORM: Rvan Brooke.Assistant City Attorney ccdocs/RES.Temp.Access.Construction.Easement-TxDADS 11.22.16 Dp Resolution No. 2016-RO441 TEMPoRARY ACCESS AND CONSTRUCTioN EASEMENT (InstaHation of Treated Effluent Line) STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This TEwoRARY AcCESS AND CONSTRUCnON EASEMENT is granted by virtue of the authority granted in §533A.005 of the Texas Health and Safety Code between the State of Texas, acting through the Commissioner for the Department of Aging and Disability Services (the "Grantor"), on behalf of the Lubbock State Supported Living Center (the "Center"), and the City of Lubbock, Texas, (the "Grantee"). Grantor and Grantee may be collectively referred to as the "parties". I . Background and Purpose. Grantor is an agency of the state of Texas. Grantor operates 12 state supported living centers (the "SSLCs") that provide 24-hour residential, treatment and training services for people with intellectual and developmental disabilities. The Center is one of the SSLCs operated by Grantor, and is located at 3401 North University, Lubbock, Texas (the "Premises"). Grantor owns the Premises. Grantee is a home rule municipal corporation of Lubbock County, Texas. Grantee has proposed installing a treated effluent pipeline (the "Pipeline") underneath the west side on the Premises (the "Easement Area," described in Section 2). Grantee requires a temporary construction and access easement to install the Pipeline. 2. Grant of Temporary Access and Easement That in consideration of improvements to the Premises received by Grantor, more particularly described in Exhibit "B", and the mutual covenants and conditions stated in this Instrument, Grantor does hereby grant to Grantee, its successors and assigns, a Temporary Access and Construction Easement (the " Temporary Easement!') for the purpose of construction and installation of a Pipeline in, under, along, upon and across the Easement Area, described in Exhibit "A," as Parcel No. 42-A - Temporary Easement being a 1.165 acre tract land located in Lubbock County, Texas. Each party hereto hereby acknowledges the legal descriptions contained in Exhibit A and contained herein are incorrect legal descriptions as to width of Easement Area; as such, each party hereto acknowledges and agrees such legal descriptions as to the Easement Area shall be modified to reflect the agreed one hundred (100) foot wide strip. Exhibits A & B are incorporated by reference and made, therefore, a part of this Instrument. 3. Term. This Temporary Easement will become effective (the "Effective Date") upon the date it has been executed by both parties and terminate on December 31, 2017 at 5:00 p.m. unless extended in writing by the parties or terminated sooner in accordance with Section 2 1. 4. Access to Premises. Unless otherwise agreed to in writing or electronic transmission by the Center Director or Assistant Center Director, work -related activities on the Premises shall occur only between the hours of 7:00 a.m. and 10:00 p.m., Monday -Friday. 5. Security. Grantee is solely responsible for providing sufficient supervisory security personnel to ensure the safety of its property, employees, agents and contractors. If an emergency situation arises, Grantee is responsible for immediately contacting local emergency response authorities as appropriate, and shall immediately inform the Center security officer at: 806-317-0403 of the nature and extent of the emergency situation. 6. Control. Grantor and Grantee acknowledge that the purpose of this temporary easement is to facilitate the construction of the Pipeline. Grantee agrees that it shall not engage in or allow any activity that will endanger residents or employees of the Center during the term of the Temporary Easement, or that will in any manner risk potential property damage to the Premises, or that will in any manner violate any local, state, or federal law. 7. No Alcohol Use. Possession or consumption of alcoholic beverages is strictly prohibited on the Premises. 8. No Megal Drugs or Controlled Substances. Illegal drugs and controlled substances are strictly prohibited on the Premises. 9. No Smoking. Smoking is prohibited on the grounds and in buildings on the Premises. 10. Firearms. Residents served in SSLCs have intellectual disabilities and many have concurrent psychiatric diagnoses. In deference to this vulnerable population, DADS asks license holders that may be employed by the Grantee or with whom the Grantee has subcontracted or associated with, and are authorized under Government Code ChWter 411. Sub�jha ter H, to conceal their ea or to safely fir rm secure their firearm in their vehicle prior to entering the Premises. 11. Hazardous Waste. Grantee agrees that it will not commit or suffer to be committed waste upon the Premises; will keep its improvements in good working order and repair and in a clean, safe and healthful condition; and comply with all state, federal and local laws, rules and regulations with regard to the use and condition of its improvements on the Premises. Grantee will not use the Premises or permit the Premises to be used so as to cause, suffer, or allow any contamination of soils, ground water, surface water, or natural resources on or adjacent to the Premises resulting from, but not limited to, spills or leaks of oil, gasoline, hazardous materials, hazardous wastes, or other chemical compounds. Grantee is solely responsible for cleanup of any contamination resulting from violation of this provision. If the presence of hazardous materials on the Premises is caused or permitted by Grantee and such materials result in contamination of the Premises or if contamination of the Premises by hazardous materials otherwise occurs and is related to Grantee's use, then Grantee will indemnify to the extent allowed by applicable law, defend and hold Grantor, its officers, agents and employees harmless from any and all claims, suits, demands, judgments, damages, penalties, fines, costs, liabilities or losses (including diminution in value of the Premises, damages from the loss of or restriction on use of the Premises or of any amenity of the Premises, and sums paid in settlement of claims, attorneys' fees, consultants' fees and experts' fees) which arise during or after the Temporary Easement term as a result of such contamination. This indemnification of Grantor by Grantee includes costs incurred in connection with any investigation of site conditions for any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material present in the soil or ground water on or under the Premises. The provisions of this Section will survive expiration, abandonment or earlier termination of the Temporary Easement and takes precedence over any section of this instrument to the extent there may be conflict. 12. No Recordation. This Temporary Easement shall not be recorded by either party. 13. Liens. Grantee will ensure that no lien is placed on the Premises due to the rights provided to Grantee under this Temporary Easement. If a lien is placed upon the Premises, Grantee will immediately cause it to be removed at Grantee's sole cost and expense. 14. Governing Law; Venue. This Temporary Easement will be governed by and construed in accordance with Texas law. Venue for Grantee's breach of this Temporary Easement will be in a court of competent jurisdiction in Lubbock County, Texas. 15. Sovereign Immunity. Grantee acknowledges Grantee is an agency of the state of Texas and nothing in this Temporary Easement will be construed as a waiver or relinquishment by Grantor of its right to claim exemptions, privileges, and immunities as may be provided by law. Grantor acknowledges Grantee is a local government created under the authority of the state of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by Grantee of its right to claim exemptions, privileges, and immunities as may be provided by law. 16. Removal of Equipment. Grantee agrees that within fifteen (15) calendar days after the expiration of the Temporary Easement, Grantee shall, at its sole expense, remove from the Easement Area, and as may be reasonably applicable, the Premises, any temporary fences, improvements, and all equipment, materials and refuse. Grantee also agrees that within sixty (60) calendar days after the expiration of the Temporary Easement, Grantee shall, at its sole expense, plant native seed or otherwise restore the Easement Area, and as may be reasonably applicable, the Premises, to substantially similar condition as existed previous to the Grantee's use of the Premises. Grantee plant native seed or other drought tolerant grasses commonly found in Texas, or similar to those found on adjacent natural land areas. If the expiration date is at a time of year that would not promote successful growth of the new grasses, Grantee may delay the planting until it is common practice in Texas to do so. 17. Right of Access to Grantor's Premises. Grantee is hereby authorized access to the Premises and must construct the Fencing Improvements described in Exhibit "B," prior to starting any construction activities. Grantee agrees to otherwise not disturb or excavate any soils on or under the Premises outside of the Easement Area except for installation of the fence and normal and common practices of utilizing the Easement Area for construction support. At any time during the term of this Temporary Easement, Grantor shall have open and continuous use and access to any well pump improvements existing on the Premises. 18. Duties. Except as may be provided in Exhibit "B," if Grantee damages any fences, driveways, roads, curbs, culverts, buildings, underground utilities, irrigation systems or other equipment on or under the Premises or the Easement Area other than Grantee's own personal property, Grantee must, within a reasonable period of time, and at its expense, repair or replace the Premises or property to the extent that it will, as nearly as practicable, be in like condition as before the damage or destruction. Prior to any initial or later excavation, Grantee will contact Dig -Tess, the Texas Excavation Safety System, or its successor or like entity, to have all existing utilities located. Findings will be reviewed with Center prior to excavation. Grantee will bury all underground components of its Equipment not less than thirty-six inches (36") below the cultivated surface, unless applicable rules, laws, codes and regulations require a greater depth. Grantee will clearly mark the location of the Pipeline in a manner and to the extent such pipelines are generally marked by pipeline distribution entities. 19. Notification. Grantee agrees to notify the Assistant Center Director, no later than five (5) business days prior to commen ement of initial construction, mobilization of machinery or storage of materials and establish a meeting to review the plans and logistics and activities of Grantee while on the Premises. Within three (3) business days after completion of any Pipeline or permanent fence construction, Grantee will meet with Center personnel in an on -site inspection. Grantee will comply with all applicable federal, state and local rules, laws, codes and regulations related to the installation, operation and maintenance of its improvements within the Easement Area and its performance under this Temporary Easement. 20. No Fee Interest Granted. This is a grant of a Temporary Easement only, and does not grant any fee interest to the surface, subsurface, or any interest in the minerals, on or under the Premises. This Temporary Easement is made subject to any and all outstanding easements and leases covering the Premises. Grantor expressly retains all rights to control and renew all existing easements, of every kind and character, on, over or under the Easement Area. Grantor finiher reserves the right to grant additional easements to other parties within the Easement Area. 21. Duration of Easement. Grantor and Grantee expressly agree this Temporary Easement will remain in effect only so long as the Easement Area is used for the purposes set out in Section 2 of this Instrument. If it is determined by Grantee that the Easement Area is no longer needed for such purposes, the Easement Area will revert to Grantor, its successor and assigns. However, this Section shall not be construed to extend this Temporary Easement beyond the termination date within Section 3, unless the conditions of said section area satisfied by both parties. 22. Reservation of Non -Conflicting Use of Premises. Grantor expressly reserves for its use and for the use of any agency, commission or department of the state of Texas access to the Easement Area, provided such use is not inconsistent with the rights of Grantee. It is further agreed that Grantee will comply with the Antiquities Code of Texas, Tex. Nat. Res. § 19 1, et seq.,, and Grantee fimther agrees that title to archaeological objects or artifacts, if any, in or on the Easement Area remain with Grantor. 23. Default and Termination. The parties agree that upon default by Grantee of any provision of this Temporary Easement, Grantor has the right to declare this Temporary Easement forfeited, without prejudice to any claim Grantor may have against Grantee; provided, however, Grantor will give Grantee written notice of its intention to terminate this Temporary Easement and the reasons for termination, and Grantee will have fourteen (14) business days after receipt of notice to remedy the default. Upon timely correction, this Temporary Easement will remain in effect. Termination or abandonment of this Temporary Easement by Grantee for any cause is automatic and all rights granted will revert to Grantor without the necessity of any further action or suit on the part of Grantor. Abandonment will be deemed to have occurred when this Temporary Easement is not used for the purposes granted for a continuous period of sixty (60) calendar days after construction of the Pipeline or restoration of the Temporary Easement to its original condition is completed. 24. Waiver. No waiver by Grantor or Grantee of any default or breach of any term, condition, or covenant of this Temporary Easement will be a waiver of any other breach of any other term or condition 25. Grammatical Interpretation. When the singular number is used, it also includes the plural, and the masculine gender includes the feminine and neuter gender. 26. Headings. Headings are for reference and will not be construed to limit or alter the meaning of the provisions of this Temporary Easement. 27. Parties Bound. This Temporary Easement is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). 28. Saving Clause. Should any clause in this Temporary Easement be found invalid by a court of law, the remainder of this Temporary Easement will not be affected and all other provisions in this Temporary Easement remain valid and enforceable to the fullest extent permitted by law. 29. AssignmeniL Grantee may not sell, assign, encumber or convey this Temporary Easement without the express written consent of Grantor which will not be unreasonably withheld, and any attempt by Grantor to sell, assign, encumber or convey this Temporary Easement without such consent will cause this Temporary Easement to terminate. Any unauthorized assignment will be void and of no effect, and such assignment will not relieve Grantee of any liability for any obligation, covenant, or condition of this agreement. This provision, and the prohibition against assignment contained herein, will survive expirution or earlier termination of this Temporary Easement. For purposes of this instrument, an assignment is any transfer, including by operation of law, to another of all or part of the Premises, interest or rights herein granted. 30. Notices. Notices to the parties shall be signed by the designated representative of the party, or its successors in interest or office, and delivered personally or sent by U.S. certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to Grantor: Department of Aging and Disability Services C/o Director, Real Estate Management HHSC Mail Code 2057 PO Box 12668 Austin, Texas 78711 with a copy to: Lubbock State Supported Living Center Attn: Director 3401 North University Lubbock, Texas 79408 (806) 763-7041 If to Grantee: City of Lubbock Public Works Engineering C/o Director of Public Works 1625 l3th Street Lubbock, Texas 79401 (806) 775-3000 For purposes of the calculation of various time periods referred to in this Temporary Easement, notice will be deemed satisfied on delivery by hand or deemed completed upon delivery by the U.S. Postal Service to the place giving notice to a party referred to above. The address for any party to this Temporary Easement may be changed from time to time by said party giving notice as provided above, except the Premises may not be used by Grantee as the sole notice address. No change of address by either party shall be binding on the other party until notice of such change of address has been deemed delivered until provided by one of the methods referenced above. 3 1. Entire Agreement. This Temporary Easement constitutes the entire agreement between Grantor and Grantee and will not be explained, modified or contradicted by any prior or contemporaneous negotiations, representations or agreements, either written or oral. This Temporary Easement may only be amended by a subsequent written instrument. 32. Counterpart. This Temporary Easement may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 33. Conditions of the Agreement. By execution of this instrument, Grantee agrees and attests that the person executing same is authorized to do so, has read each provision of this Temporary Easement and all exhibit(s) and agrees to abide by the terms set out therein. (Remainder ofpage intendonally left blank) IN WITNESS WHEREOF,Grantor and Grantee have caused this Temporary Access and Construction Easement to be duly executed as of the Effective Date. GRANTOR: THE STATE OF TEXAS Date: it of AgingandDisabilityServices r nsrt-!? ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF Ttt,^A<> BEFORE ME, the undersigned authority, a Notary Public in named for the State of Texas, on this day personally appeared vTow \Ajf \.tjP\Aqcv.i^a^,acting on behalf of the Grantor,known to me to be the commissioner or an authorized representative of the agency whose name is subscribed to forgoing Temporary Access and Construction Easement and acknowledge to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS£«day of t)€-<-€wAge.g-.of 2016 A.D. G'NA GAYLE Notary Public STATE OF TEXAS Commisston Exp.JUNE 23,2018 Notary without Bond 1 My Commission Expires:(&/"Z Sjl % Signature of Notary P/ublic fe'MK C?AVU£ Printed Name of Notary Public GRANTEE: CITY OF LUBBOCY{ TEXAS t By: Name: Daniel M. Pope Title: Mayor. City of Lubbock Date: December 15, 2016 STATE OF TEXAS BEFORE ME, the undersigned authority, a Notary Public in named for the State of Texas, on this day personally appeared n, 4., 11% , acting on behalf of the Grantee, known to me to be a duly authorized officer or representative of the municipality whose name is subscribed to forgoing Temporary Access and Construction Easement and acknowledge to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS L day of of 2016 A.D. I 11,3 `POW TN WDER CLEMENTS c, State of Texas 12497069 Expires 00-28.2020 My Commission Expires: W I v l u z Exhibit "A" Plat and Legal Description NORTHWEST WATER RECLAMATION PROJECT Parcel No. 42-A - Temporary Easement PERIMETER SURVEY OF A 5.823 ACRE TRACT LOCATED IN BLOCK 1, LUBBOCK STATE SCHOOL ADDITION Z TO THE CITY OF LUBBOCK SCALE: I"=500' 1 �lv LUBBOCK COUNTY, TEXAS CREST HLL TRACT "C" VOL. /2/4, PG. 378 OWNER.• HUB aTY INVESTMENTS I, L TD. VOL. 8684, PG. /28 .�== gig �)K POINT OF BEGIN I Wb II II� I Ii�b � QJ� ^ham O M�� ti — LLISVOCK STATE SLiIOa ADD/T/ON BLOCK / Va. //43, PG. 677 OWNER.• TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION VOL. //43 PG. 677 \ SCALE: 1~ V Ili i Note: No abstract of title or title commitment was provided to this ssurveyor. Record research done by this surveyor was made only for the purpose of determining the boundary of this property and of the adjoining paroels. Recorded or unrecorded documents other than those shown on this survey may exist and encumber this property. Bearings are relative to the Texas Coordinate System of 1983, North Central Zone, NAD 83 (2011), Epoch 2010.0 Distances are surface, U.S. Survey feet. Combined Scale Factor: 1.0002452 Surveyed on the ground. November 21, 2014 May 18, 2016; Revised Parcel Width 6- OIL o E. Allen egis[ered Professional Land Surveyor No. 5895 State of Texas BERL HUFFMAN ATHLETIC ccw)cLEX 286. 15 ALWES WIL. 370, PG. 55 Line Table Line # Direction Length Lt SBB" 15' 55"E 117.213' L2 52s° 45' 4d'E 253s.3s' L3 N88" 06' 25"W 122.51' L4 NO]* 47' 52 E 8.18' L5 N29" 45' 4O"W 2526.39' TEXAS &STRLWNTS AOD/T/OV TRACT A VOL. I363 F6. 977 OWNER. X-FAB VCL. 6/55,, %G 62 NOTES: HEAVY LINES INDICATE PLAT LIMITS. O- SET 1/2" IRON ROD WITH CAP O- FOUND 1/2" IRON ROD WITH CAP • - FOUND 3" ALUMINUM CAP ®- FOUND 1 1/4" IRON PIPE A legal description of even survey date herewith accompanies this plat of survey. Sheet I of 2 NORTHWEST WATER RECLAMATION PROJECT Parcel No. 42-A - Temporary Easement PERIMETER SURVEY OF A 5.823 ACRE TRACT LOCATED IN BLOCK 1, LUBBOCK STATE SCHOOL ADDITION TO THE CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 5.823 acre parcel, being a 100.00 foot wide strip, located in Block 1, Lubbock State School Addition, to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1143, Page 677, Deed Records, Lubbock County, Texas, being finther described as follows: BEGINNING at a 1/2" iron rod with cap found (North: 7296355.10', East: 938593.83') in the North line of said Block 1, Lubbock State School Addition, which bears S. 88°15'55" E. a distance of 143.92 feet from the Northwest comer of said Block 1, Lubbock State School Addition, for the Northwest comer of this parcel; THENCE S. 88015'55" E. along the North line of said Block 1, Lubbock State School Addition, a distance of 117.28 feet to a 1/2" iron rod with cap set for the Northeast comer of this parcel; THENCE S. 29045'40" E. a distance of 2536.38 feet to a 1/2" iron rod with cap set in the South line of said Block 1, Lubbock State School Addition, for a the Southeast comer of this parcel; THENCE N. 88006'25" W. along the South line of said Block 1, Lubbock State School Addition, a distance of 122.51 feet to a 1/2" iron rod with cap found for the Southwest comer of this parcel; THENCE N. 0104752" E. a distance of 8.18 feet to a 1/2" iron rod with cap found at a point of intersection for a comer of this parcel; THENCE N. 29045'40" W. a distance of 2526.39 feet to the Point of Beginning. Bearings relative to Grid North, NAD 83 (2011), Texas Coordinate System, North-Central Zone. Distances and coordinates are Surface, U. S. Survey Feet. Combined Scale Factor: 1.0002452 A plat of even survey date herewith accompanies this legal description Surveyed on the ground November 21, 2014 May 18, 2016; Revised Parcel Width eE. Allen Registered Professional Land Surveyor No. 5895 State of Texas Sheet 2 of 2 Hugo Reed sod Associate, Iuc. for the sole ose of Title Co. Exhibit "B" Supplemental Terms and Conditions Temporary Easement by and between the State of Texas, by and through the Department of Aging and Disability Services as Grantor, and the City of Lubbock as Grantee. A. Consideration. Grantee agrees to provide the Lubbock State Supported Living Center (the "Center") the following Fencing Improvements: 1. Prior to commencement of construction, mobilization of machinery or storage of materials in the Easement Area or the Premises, Grantee, at its sole expense, shall remove and haul from the Premises the existing approximately four feet tall chain link fence spanning approximately 2005 linear feet north to south (the "Old Fence") located on the Premises west of the buildings of the Center and east of the Easement Area. Grantee shall not remove or disturb the utility pole structure located at the Old Fence that includes a mounted sign bearing the inscription "Archie May Memorial Park," which shall remain in place. 2. Thereafter, Grantee will install, at its sole expense, a new 8 foot tall chain link fence (the "New Fence") in approximately the same location of the old fence. The New Fence shall be constructed with 9 gauge galvanized or vinyl coated fence containing hole diameters not to exceed 1 and 1/4 inches, black in color. Pole installation shall be of galvanized metal utilizing galvanized or other standard exterior hardware and spaced at intervals of no more than ten foot spans. Grantee shall install new gates to maintain the 8 foot coverage and match width and location of all installed along the old fence. Grantee shall set poles in a minimum of 2 feet of concrete. Grantee shall complete installation of all fencing improvements prior to pipe line construction, mobilization of machinery or storage of materials in the Easement Area or the Premises. B. Additional Conditions. Grantee also agrees to the following: 1. Grantee shall maintain the Easement Area by shredding foliage so as to best prevent hazards such as fires. Excavated soils shall be stored by Grantee on the eastern edge of the temporary Easement Area and shall be managed by Grantee as a berm to assist in concealing Grantee's activities. Excess soils shall become the property of the Grantee's contractor or may be distributed and spread in low lying areas of the Premises pursuant to a written agreement that may be entered into between the Grantee's contractor and the Center Director or Assistant Director. 2. Ingress and egress to the Premises by Grantee shall be restricted to an area sufficient to perform the work previously cited in Section A (2) and to the Easement Area or any other area indicated in a separate written agreement between Grantor and Grantee. Passenger vehicles of Grantee shall be allowed on the Premises outside of the Easement Area when meeting with Center staff or as indicated in this Exhibit. 3. Grantee hereby agrees to require any employees, contractors, subcontractors, agents or invitees to utilize their best efforts to secure, protect or remain in possession of all equipment, materials, machinery, supplies or tools stored or utilized on the Premises. Grantee further agrees that at any time any equipment, machinery, supplies tools or materials that are not being utilized or under the supervision of Grantee, its employees contractors, agents or sub -contractors, these items will be locked, secured or removed from the Premises so as to not be accessible to the Center's residents. Grantee acknowledges and agrees that: 1. After the completion of construction, Grantee shall be responsible for disposal offsite of unacceptable /objectionable material at its sole expense. For the purpose of this section, the Center Director or her designee will determine what constitutes an "unacceptable/objectionable material", which shall be determined prior to the end of the Term. 2. Grantee shall not permit its employees, contractors or their employees or any agent or invitee of Grantee or a contractor loiter on the Premises for any unnecessary period of time such as after a scheduled work day or on days when work on the Pipeline is not contemplated such as weekends or holidays.