Ordinance No. 7,043940728 -2'
ORDINANCE NO. 7043
• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A LICENSING
AGREEMENT WYTH FLTG, INCORPORATED TO RESTORE AREAS OF
BROWNWOOD NATURE CENTER (BROWNWOOD); AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
WHEREAS, FLTG is undertaking compliance with a certain Natural
Resources Consent Decree entered in Inc..
et al. on behalf of the Settling Defendants identified therein; and
WHEREAS, the Consent Decree requires the Settling Defendants
to undertake certain restoration of wetlands; and
WHEREAS, through a selection process, FLTG has chosen the
Brownwood Nature Center as the area for the required remediation to
be performed; and
WHEREAS, the Parks and Recreation Advisory Board has reviewed
the licensing agreement and determined that entering into such an
agreement with FLTG is consistent with the comprehensive plan for
the Brownwood Nature Center; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to a Licensing
Agreement with FLTG, Incorporated. A copy of said agreement is
attached hereto, marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 28th day of July,
1994.
4& e-!g�
PETE C. AUFARO, Mayor
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71 :Ii3;ME:'I. T7iY-4 :.. _ : $01W :*
• ATTEST:
, &—,e* ") P A4,gz
w P. HALL, 'City Clerk
ACID RAMIRE , SR.L,)Citjr Attorney
b /klh3 /ordfltg
940728 -2/,:
SENT BY :Xerox Telecopier 7020 ; 7 -27 -94 ; 9 :35AM ; '. "' ". ". "zt525a.g95fl3 420 65884 2
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LICENSE AGRIZMMNT
TM LICENSE AGE, made this day of
, 19% by and between CITY OF BAYTOWN, TEXAS, being a body
corporate and politic and a political subdivision of the State of Texas (the "Owner ") and
FLTG, INCORPORATED, a corporation ("FLTG "),
WITNESSETH:
THAT WHEREAS, Owner is the owner of the land located in Baytown. Texas
more particularly described in 8ahibA A (tbe "Promises); and
WHEREAS, FLTG is undeertakmg compliance with a certain Natural Resources
Consent Decree ( "Consent Decree ") entered in TT-S. v French T i - Tom, C.A.
No. H -89 -2544 on behalf of the Settling Defendants identified therein; and
WHEREAS, the Consent Decree requires the Settling Defendants to undertake
certain restoration of wetlands identifted in accordance therewith; and
WHERw. Owner has agreed to allow the Premises to be the site of such
wetland restoration by FLTG.
NOW, THEREFORE, for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt whereof is hereby
acknowledged, and intending to be legally bound. Owner agrees as follows:
1. Each capitalized term used in this Apument but not defined herein
shall have the meaning ascribed to it in the Consent Decree.
2. FLTG shall have the right, liberty, privilege, license and authority to
enter upon the Premises at any time aid $om time to time during the term of this Agreement
and to make such alterations and improvements to the Premises and tale any and all such
other actions as FLTG deems necessary, desirable or otherwise approprial s to implement the
Marsh Restoration Project in accordance with die Marsh Restoration Plan and the Consent
Decree. The rights granted herein to FLTG shall include, without limitation, the right to
perform construction and initial maintenance of Marsh Land during the term of this
Agreement.
3. Owner agrees not to construct any buildings or structures on the
Premises which could, in the opinion of the FLTG, interfere with the construction or
maintenance of the Marsh Land.
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SMM.6 7mroe
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SENT BY:Xerox Te l ecopier 7020 ; 7 -2B -94 t 11 :31AN .......... 215251995V3 420 85864 4
4. The Owner agrees not to grant any additional or fawn easements,
licenses, leases or other rights of use or ponmion of the Premises during the term of this
Agreement as would or may interfere or conflict with the Marsh RestarsA m Project or other
activities of FLTG or the Designees pursuant to this Agreement.
S. This License Agreement shall remain in effect for a tern of five (5)
years unless cancelled by mutual agreement of the Owner and FLTG. Ths Owner agrees to
extend this agreement fbr a second consecutive five (5) year period at the request of the
FLTG, if FLTG continues, at the time of extension, to have responsibilides for the
maintenance of the Premises under the Consent Decree.
6. Owner warrants that it has good and valid title to tie Premises and the
lawful authority to execute this Agreement and to perform the obligations herein according to
its terms. The Owner warrants and agrees to defend said tide and the license granted herein
from any and all claims, challenges, disputra, demands and assertions arising ft m any claim
against or involving the title to the Premises or any interest in the Premises.
7. Owner agrees that the initial exercise of any of the rights herein granted
shall not be construed as limitlpig FLTG's rights and privileges hereunder.
8. The rights granted herein to FLM may also be exmWW by FLTG's
agents, subcontractors and invitees and by the represematives of the Federal Tnutees and
State Trustees (collectively, the "Designees"), subject to the terms of this Agreement.
9. FLTG agrees to and shalt h demo*, defend and hold harmless the
Owner, its officers, agents and employes from and against any and all claims, losses,
damages, causes of action, suits and liability of every kind, including all expenses of
litigation court costs and reasonable attorneys' fees, for injury to or death of any person, or
for damage to any property, arising out of or in connectioa'with the work contemplated
herein, to the extent any such m jury, death or damage is caused m whole or in part by the
negligence, joint negligence or wilful misconduct of FUG, the Designees or any of their
respective employees, agents, invitees, repres-- UUves, successors and/or assigns. Without
limitation of the foregoing, the indemnity provided for in this paragraph shall have no
application to the extent that any claim, loss, damage, caws of action, suit or liability where
the injury, death or damage results from the negligence of the Owner. The provisions of this
paragraph shall survive the expiration of this Ate.
10. Without limitation of the provisions of the preceding paragraphs, for
reasons of safety and avoidance of liability, FLTG shall have the right, but not the obligation,
except as required by local, state or federal law, to proWbft or otherwise restrict access to the
Premises by members of the public. at FLTG's discretion, during the term of this
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5ENTnBY :Xerox Telecopier 7020 ; 7 -28 -94 ;11 :32AM " " " "...." 21525199sr13 420 85884 5
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Agreement. The foregoing is not intended to limit the right of inspection of the Premises
from time to time by Owner's authorized representatives.
11. FLTG will reimburse Owner the reasonable cost to acquire property
deemed necessary by FLTG for the successful execution of the project. Owner ahall not
proceed to acquire property for the accoa= or at the expense of FLTG until Owner receives
written direction from FLTG.
12. FLTG and Designees shall have no obligations with respect to the
Premises other than as is expressly at forth in this Agreement.
13. In the event that any provision of this Agreement is found to be invalid
or unenforceable, the validity and enforceability of the remainder of this Agreement shall not
be affected thereby, and each other term of this shall be valid and enforced to the fullest
extent permitted by law.
14. This Agreement and all obligations, rights, liberda, privileges, licenses
and authorities granted herein, as well as all representations, warranties, and obligations,
shall be bind in upon and run to the benefit of Owner, PUG, Designees and their respective
successors and assigns.
15. FLTG shall not assign, sell or otherwise transfer any of its sights of
obligations under this Agreement, in whole or in pact, without the written consent of the
Owner.
lb. This Agm=cnt sball in all respects be interpreted and construed in
accordance with and governed by the laws of the State of Texas, regardless of the place of
execution or performance. The place of mall -g and the place of performance for all
purposes shall be demud to be Baytown, Harris County, Texas.
17. The individuals e=uting this Agreement warrant and represent that
they are duly authorized to execute this Agreement on behalf of Owner and FLTG, as the
binding act and agreement of Owner and FLTG, respectively.
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SENTVSY :Xerox Telecopier 7020 ; 7 -26 -94 ;11 :33AM ; ....... "-zsszsi995`?13 420 65864 6
IN WITNESS WMMOF and iaiending to be legally bound hereby, the
parties hereto have executed this License Agri tinder seal on do date first above
mentioned.
Attest: Eileen P. Hall, City Clerk
Witness:
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1.1 TlMM
CITY OF RAYTOWN
By:
Bobby RRMUM
city Manager
FLTG* Incorporated
Richard L. Sloan
Project Coordinator
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SENT BY:Xerox Telecapier 7020 ; 7 -26 -94 ;11:33AM
:� cel -'4 I'q
STATE OF TEXAS
ss
COUNTY OF HARRIS
^' --- m5251995713 420 65864 7
On this, the day of , 1994, before me, a Notate
Public, personally appeared Hobby Ronmbee, CW Mainz' of the CW of Baytown, who,
acicaowlodging himself as being authorized to do so, executed ft foregoing msmnnew for
the purposes tbarcin contained by signing his name.
IN WITNESS WHEREOF, I have set my band and oflcial seal the day and
year aforesaid.
My Commission Expires:
Notary Public
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SENT BY:Xerox Telecopier 7020 + 7 -26 -94 ;11 :33AM
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STATE OF TEXAS
s:
COUNTY OF HARRIS
........ —zis25i995713 420 65864 6
On this, the day of , 1994, before me, a Notary
Public, personally appeared Richard L. Sloan, wino aclmowkdged himself to be the Project
Coordinator for FLTG Incorporated, and that he being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing his name as such officer.
IN WrrNESS WHEREOF, I have set my hand and official aeal the day and
year aforesaid.
My Commission Expires:
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72M.2 7n&'%
Notary Public
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