HomeMy WebLinkAboutResolution - 4686 - Approves Assignment - BES To BFI Inc - Ground Lease Agreement - 12/15/1994Resolution No. 4686
December 15, 1994
Item #21
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the attached Assignment of Ground Lease Agreement by and between Bergstein
Environmental, Inc., and Browning-Ferris Industries, Inc., which assigns that certain Ground
Lease Agreement executed by and between the City of Lubbock and Browning-Ferris Industries
Inc., is hereby ratified and approved by the City Council of the City of Lubbock.
Passed by the City Council this 15 th
1994.
ATTEST:
Betty A Johnson, tity Secretary
APPROVED AS TO CONTENT:
day of December ,
, Assistant City Manager
APPROVED AS TO FORM:
Eldfiald G. Vandiver, First Assistant
City Attorney
DGV:dp/GLA-Berg.RES
ccdocs/December 6, 1994
Resolution No. 4686
December 15, 1994
Item 421
ASSIGNMENT OF GROUND LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK ) WITNESSETH
For and in consideration of the sum of $10.00 and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledge, Bergstein Environmental Services
hereinafter referred to as "Assignor" does hereby SELL, CONVEY, TRANSFER AND
ASSIGN unto Browning-Ferris Industries, Inc., hereinafter referred to as "assignee", that certain
Ground Lease Agreement entered into on the 29th day of June, 1994 by and between The City of
Lubbock as Lessor and Bergstein Environmental Services as Lessee. A true and correct copy of
said Ground Lease Agreement is attached hereto as Exhibit "A". Upon execution of this
Assignment, Browning-Ferris Industries, Inc., as Assignee shall be entitled to receive all
benefits, including payments pursuant to that certain Ground Lease Agreement.
SIGNED this 15th day of December , 1994.
BERGSTEIN ENVIRONMENTAL SERVICES
by. /
its: �Ik
CONSENT TO ASSIGNMENT BY CITY OF LUBBOCK
Pursuant to § 11 of the Ground Lease Agreement referred to herein, The City of Lubbock
does hereby consent in writing to this Assignment to Browning-Ferris Industries, Inc.
ATTEST:
ecre ary, 6V of Lubbock
APP AT TO ONTENT:
gentin M. Thomas
Assistant City Manager
APPROVED S TO FORM:
G. Vandiver, First Assistant
City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me by A e4e r Bc r s4e i j of Bergstein
Environmental Services on this Lt-'- day of &ce'1994.
Notary Public, State of Texas
My Commission Expires: A
LOW BETH 1OLJCER
IWwNkVAdbW
w0�ai�1�MriN
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me by David R. Langston, Mayor of The City
of Lubbock, on this 15 th day of December 1994.
Notary Public, State of Texas
My Commission Expires:am
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n4hAf,
December 6, 1994
WftOL Expir-
ASSIGNMENT OF GROUND LEASE AGREEMENT
STATE OF TEXAS )
COUNTY OF LUBBOCK ) WITNESSETH
For and in consideration of the sum of $10.00 and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, SOJO
Treatment, L.C., hereinafter referred to as "Assignor" does hereby SELL, CONVEY,
TRANSFER AND ASSIGN unto Bergstein Environmental, Inc., hereinafter referred to
as "Assignee", that certain Ground Lease Agreement entered into on the 24th day of March,
1994, by and between The City of Lubbock as Lessor and SOJO Treatment, L.C., as Lessee.
A true and correct copy of said Ground Lease Agreement is attached hereto as Exhibit W.
Upon execution of this Assignment, Bergstein Environmental, Inc., as Assignee shall be
entitled to receive all benefits, including payments pursuant to that certain Ground Lease
Soio Treatment, L.C. and Soo Treatment -Lubbock, L.C. hereby retain all
Agreement. all rights to accounts receivable resulting from Manifests received prior
to May 10, 1994.
SIGNED this I day of -U t-� .9 , 1994.
• • Y'ATMENT,L.C.
by: /
CONSENT TO ASSIGNMENT BY CITY OF LUBBOCK
Pursuant to §11 of the Ground Lease Agreement referred to herein, The City of
Lubbock does hereby consent in writing to this Assignment to Bergstein Environmental, Inc.
THE CITY OF LUBBOCK
by:
David R. Langston
ATTEST:
Secretary, City I Lubbock
APPROVED AS TO CONTENT:
Lee R 'rez
Solid Waste Superintendent
APPROVED AS TO FORM:
hn C. Ross
'ty Attorney
STATE OF TEXASD )
COUNTY OF �� )
This instrument was acknowledged before me by L+-ZUO p . of SOJO
Treatment, L.C., on this (S -t- day of Tv u , 1994.
e1 r►aaG�ANGELA K. HINES
Notary Public :.
STATE OF TEXAS
Comm. rxnires 02/13/95 Notary Tlublic, St'aie'of Texas
My Commission Expires:
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me by David R. Langston, Mayor of The
City of Lubbock, on this day of , 1994.
Notary Public, State of Texas
My Commission Expires:
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the attached Assignment of Ground Lease Agreement by and between SOJO
Treatment, L.C., and Bergstein Environmental, Inc., which assigns that certain Ground Lease
Agreement executed by and between the City of Lubbock and SOJO Treatment, L.C., is hereby
ratified and approved by the City Council of the City of Lubbock.
Passed by the City Council this day of 1994.
ATTEST:
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
Lee
Rami4A Solid Waste Superintendent
APPROVED AS TO FORM:
A
DWOd G. Vandiver, First Assistant
City Attorney
DGV *GIA-SOJo.M
oodoWJuw 2, 1994
DAVID R LANGSTON, MAYOR
March 24, 1'154
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
ATTEST:
March 1994.
Betty M. Johnson, ity Secretary
APPROVED AS TO CONTENT:
;Y
Lee Ramirez Solid Waste
Superintendent
APPR O/VED AS TO FORM:
C ,�
Jd p' C. Ross, City Attorney
x1k:ap\G: \S0J0Re.
March 14. tea
STATE OF TEXAS §
COUNTY OF LUBBOCK §
March 24, 1994 !
Item X135
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
party-
4.)
ly
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 times 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:
STEPHEN B. AlltMAN —DAVID t
MANAGER AND VICE PRESIDENT MAYOR
ATTEST:
ATTEST:
Secretary Betty . John on, City Secretary
APPROVED AS TO CONTENT:
Lee RaniAZ1
Solid Waste Superintendent
APPROVED AS TO FORM:
z,,� L j2,, -.
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
, 1994, by Stephen B. Aikman.
Notary Public, State of Texas
My commission expires
STATE OF TEXAS §
COUNTY OF LUBBOCK §
day of
The foregoing instrument was acknowledged before me on the 24th day of
March , 1994, by David R Langston.
My commission expires /O 9
aavwjo=L as
a� % &�2
Notary Public, State of Texas
E
LORI BETH WALKER
*" Mk M* d Tuns
ly Cosmo. EON 10,2396
Ground Lease Agreement - Page 5
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SOJO TREATMENT, L.C.
24 SmffH ROAD. SUM 100
Mloutro. TVW 79705
913.611.7934 (or►)
915-684.7455 (FAX)
September 18, 1993
Nr. 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 Type -
owned and oPptes from erated bythe City of Lubock to thSojo Treatment (MSW -218 )elocated4in Abilencng, facility
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 -4 plant currently being permitted at Lubbock under MSW -2231. It is
expected that this plant will be operational in February, 1994.
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
Let -initiation of oIwration 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,
Aphen
TMENT, L.C. BERGSTEIN TAL, INC.
.AikmanPieter Bergstein
Manager and Vice -President President
AGREED TO AND ACCEPTED this
day of , 1993.
CITY OF LUBBOCK
By:
o
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,
Aphen
TMENT, L.C. BERGSTEIN TAL, INC.
.AikmanPieter Bergstein
Manager and Vice -President President
AGREED TO AND ACCEPTED this
day of , 1993.
CITY OF LUBBOCK
By: