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Home My WebLink AboutResolution - 2005-R0373 - Short Term And Temporary Lease For Classroom Facilities, Warren Caterpillar Inc. - 08/25/2005Resolution No. 2005-RO373 August 25, 2005 Item 24 RESOLUTION WHEREAS, certain buildings located at the Lubbock Land Application Site are suitable for classroom type activities; and WHEREAS, the City desires to make said buildings available for use by certain agricultural related businesses for teaching purposes; WHEREAS, the City Council of the City of Lubbock deems it to be a public purpose to permit such activities at the Lubbock Land Application Site in that attendees will be educated on the land application activities of the City of Lubbock and will purchase lodging and meals in Lubbock, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes the City Manager of the City of Lubbock or his designee to execute such short term and temporary leases of the classroom facilities located at the Lubbock Land Application Site as he may deem appropriate under substantially the same terms and conditions as the Agreement attached hereto with Warren Caterpillar, Inc., of Midland, Texas, which Agreement is made a part of this Resolution as if fully copied herein in detail. Passed by the City Council this2.5th day of ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Sherry Stephens, erim Director of Public Works APPROVED AS TO Donald G. VaNdiver;—Attorncy of I)Dres/stMdLease-LandAppRes June 13, 2005 Resolution No. 2005-80373 This Agreement, dated the 25th day of August , 2005, is entered into by and between the City of Lubbock, a Texas home rale municipal corporation (the "City"), and Warren Caterpillar, aril Delaware corporation (the "Contractor"). WHEREAS, the City owns the Lubbock Land Application Site (the "LLAS"), a land application site located in Lubbock County, Texas, wherein treated effluent is applied; and WHEREAS, certain buildings suitable for classroom type activities, are located on the LLAS; and WHEREAS, Contractor desires to demonstrate and educate persons regarding agriculture equipment in the building (the "Building) located on the LLAS, the location being approximately depicted on Exhibit "A", attached hereto, and WHEREAS, the activities of Contractor will benefit the City and provide a public purpose in that attendees of the educational activities will purchase lodging and meals and be educated on the land application activities of the City; and WHEREAS, the City and Contractor now desire to enter into this Agreement for access upon the LLAS for the limited purpose of occupation of the Building, as set forth below. NOW THEREFORE, City and Contractor agree as follows: 1. Contractor shall have non-exclusive access to the Building on the LLAS, for the period of time from 7:00 a.m. on September 12, 2005 to 5:00 p.m. on September 16, 2005. Contractor shall have no other access to the LLAS except as set forth herein. 2. Contractor may occupy the Building for the purposes of demonstration and education during the times set forth in Paragraph 1, above, and for no other purpose or use. 3. CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, OR Warren Caterpillar Agreement Page l of 4 THE OCCUPATION OF THE LLAS BY THE CONTRACTOR, ITS GUESTS, INVITEES, BUSINESS INVITEES, LICENSEES, EMPLOYEES, AGENTS AND/OR CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF THIRD PARTIES AND/OR CAUSED OR CONTRIBUTED TO, IN ANY WAY, MANNER OR FORM, BY THE NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OR GROSS NEGLIGENCE, OF CITY, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS. CONTRACTOR FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE CITY AND/OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIMS, AND TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE CITY, OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, CONTRACTOR SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, REASONABLE AND NECESSARY ATTORNEY'S FEES INCURRED BY SUCH PARTIES IN ENFORCING CONTRACTOR'S INDEMNITY IN THIS SECTION. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND CONTRACTOR HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM AND/OR AGAINST ANY LOSSES, DAMAGES, CLAIMS OR LIABILITIES, ON ANY THEORY OF LEGAL LIABILITY, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, OR THE OCCUPATION OF THE LLAS BY THE CONTRACTOR, ITS GUESTS, INVITEES, BUSINESS INVITEES, LICENSEES, EMPLOYEES, AGENTS AND/OR CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF THIRD PARTIES AND/OR CAUSED OR CONTRIBUTED TO, IN ANY WAY, MANNER OR FORM, BY THE NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OR GROSS NEGLIGENCE, OF CITY, ITS Warren Caterpillar Agreement Page 2 of 4 RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. 4. Contractor shall procure and carry such insurance throughout the term of this Agreement, as set forth in the Certificate of Insurance, attached to this Agreement as Exhibit "B". 5. This Agreement shall expire and terminate at 5:00 p.m. on September 16, 2005. Contractor shall vacate the LLAS, including the removal of any property of Contractor, on or before the termination of this Agreement. This Agreement does not convey any real property interest, of any kind or type, in the LLAS or Building. 6. In the event Contractor shall fail to perform any obligation required hereunder, the City may exercise any rights and remedies available to it by law, equity, contract or otherwise. In the event City shall fail to perform any obligation required hereunder, Contractor may, as its sole and exclusive remedy, terminate this Agreement. Dated the 25th day of August , 2005. CONTRACTOR WARREN CATERPILLAR By: I/ � Name: S Title: &-a(02- er-371�/} L - Warren Caterpillar Agreement page 3 of 4 CITY OF LUBBOCK ou Fo , City ager APPROVED AS TO CONTENT: Sherry Stephens Interim Director of Public Works APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney rrtl/Richard/LLAS. WarrenCatContract May 20, 2005 Warren Caterpillar Agreement Page 4 of 4 Exhibit ""A" ACORIDM CERTIFICATE OF LIABILITY INSURANCE 08/oi2005 PRODUCER (915) 570-3456 FAX (915) 570-3450 Arthur 1. Gallagher' Risk Management Services, Inc. 9 110 N. Marienfeld Street, Suite 330 Midland, TX 79701 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Warren Power & Machinery, L. P. dba Warren Cat P. 0. Box 60760 Midland, TX 79711 INSURERA: Liberty Mutual Insurance Company (Houston) INSURERB: Liberty Mutual Fire Ins. Co. INSURER C. INSURER D: _ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMWDDIYYI LIMITS Lubbock, TX 79457 GENERAL LIABILITY RGZ-691-004253 -024 10/01/2004 10/01/2005 EACH OCCURRENCE $ 1 r 000 a 00' X COMMERCIAL GENERAL LIABILITY DAMAGPRIE TO RENTED $ 100,00( MADE [�-J OCCUR MED EXP (Any one person) $ 5,001 A KCLAIMS XA'dd'l Insd Form # PERSONAL & ADV INJURY $ 1,000,00RD201RGR130402 GENERAL AGGREGATE $ 21000,000 GEN'L AGGREGATE LIMIT APPLIES PEA: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PECrRO JLOC AUTOMOBILE LIABILITY AS2-691-004253-034 10/01/2004 10/01/2005 COMBINED SINGLE LIMIT ANY AUTO A/I #CA 20 48 (02 99) (Ea accident) $ 1 , 000 , 00 X BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) A BODILY INJURY $ X HIRED AUTOS X NON -OWNED AUTOS (Per accident) X Hired Phy. Damage $5,000 COLL/COMP DED. PROPERTY DAMAGE Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ FXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ 5 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WA2-69D-004253-014 05/01/2004 10/01/2005 X WC STA Fri EMPLOYERS' LIABILITY ALL STATES EXCEPT E.L. EACH ACCIDENT $ 1,000,00( B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE S 1,000,00( OFFICERIMEMBER EXCLUDED? MONOPOLISTIC If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00C OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT ! SPECIAL PROVISIONS Blanket Additional Insured on all policies except WC and Waiver of Subrogation on all policies in Ivor of the Certificate Holder as required by written contract with respect to work performed by the named insured. Alternate Employer on WC as required by written contract. r_'1=RTIFI4-ATF 1-1nI IIFC! r"AIJr_FI 1 ❑TIrINI ACORD 25 (2001/08) DACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Lubbock 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Farm BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 2000 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Lubbock, TX 79457 Mike Henthorn, CIC/SLIW ACORD 25 (2001/08) DACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108)