HomeMy WebLinkAboutPR 23515: RENEWAL OF THE LEASE OF THE PLEASURE ISLAND FISHING PIER FROM THE TEXAS GENERAL LAND OFFICE k •
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INTEROFFICE MEMORANDUM
Date: December 8, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Public Works Director b
RE: P.R. 23515 —Renewal of the Lease of the Pleasure Island Fishing Pier from the
Texas General Land Office
Introduction:
This agenda item requests the Council's approval to renew the lease with the Texas General
Land Office(GLO) for the fishing pier on Pleasure Island.
Background:
The City of Port Arthur holds a lease with the Texas General Land Office for the operation of
the fishing pier on Pleasure Island. This lease is for a period of ten (10) years, and has an
expiration date of June 19, 2030.
Budget Impact:
There is no budgetary impact for the lease renewal.
Recommendation:
Staff recommends approving PR 23515 authorizing the City Manager to renew Coastal Lease
Number CL950003, extending the expiration date of this lease for the Pleasure Island fishing
pier until June 19, 2030, with the Texas General Land Office.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
PR No.23515
12/08/2023 FCR
Page 1 of 2
RESOLUTION NO.
A RESOLUTION RENEWING COASTAL LEASE NUMBER CL950003
BETWEEN THE CITY OF PORT ARTHUR AND THE TEXAS GENERAL
LAND OFFICE, EXTENDING THE EXPIRATION DATE TO JUNE 19,
2030
WHEREAS,the City maintains Coastal Lease Number CL950003 with the Texas General
Land Office for the operation of the fishing pier on Pleasure Island; and,
WHEREAS,renewing the lease will extend the term of the lease for an additional ten (10)
years to a new expiration date of June 19, 2030; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to
execute on behalf of the City Coastal Lease Number CL950003,attached hereto as Exhibit A; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this the day of , A.D.
2023 at a meeting of the City of Port Arthur, Texas, by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartie
Mayor
PR No.23515
12/08/2023 FCR
Page 2 of 2
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Valecia R. Tizeno, Esq.
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, CPM
City Manager
George Davis
Director of Pleasure Island
ozelle . Robe T, ME , BA, CPM
Direc r f Publ. W rks
PR No.23515
m
TEXAS GENERAL LAND OFFICE
COMMISSIONER DAWN BUCKINGHAM, M.D.
November 30,2023
City of Port Arthur
P. O. Box 1089
Port Arthur, TX 77641-1089
Re: Coastal Public Lands Easement No. CL950003
Sabine Lake,Jefferson County,Texas
Dear Lessee:
Enclosed is the Coastal Lease contract for the above referenced project.
Please sign where indicated before a notary public,and return it to the General Land Office,to the
address listed below within twenty(20) days of the date of this letter.
When the contract has been executed,a copy will be returned to you.Your signature on the contract
constitutes acceptance of all provisions contained therein.
If you have any questions,please contact me at(281)471-0391 x108.
Sincerely,
%tla& 2 Y'6'waA-di
Natasha Howard
Administrative Assistant
Enclosure
Date Rec'd:, f //�1 &: 6
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By virtue of the authority granted by Chapter 33 of the Texas Natural Resources Code, Title 31 of the Texas
Administrative Code, all amendments thereto, all other applicable statutes, and subject to all rules and regulations
promulgated pursuant thereto,the State of Texas(the"Grantor"),acting by and through the Commissioner of the General
Land Office(the"GLO")as Chairwoman of the School Land Board(the`Board)on behalf of the Permanent School Fund
(the"PSF"),hereby grants to the grantee(the "Grantee") named under the"Grantee Name"section of Attachment A,
the Control Page,the right to use a tract of state-owned real property(the"Premises"), which property is described in
the "Premises" section of Attachment A and further depicted in Attachment B, for the purposes described in this
agreement(the"Agreement").
ARTICLE I: INTERPRETIVE PROVISIONS
(a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms;
(b) The words "hereof," "herein," "hereunder," and similar words refer to this Agreement as a whole and not to
any particular provision, section,Attachment,or schedule,unless otherwise specified;
(c) The term "including"is not limiting and means"including without limitation"and,unless otherwise expressly
provided in this Agreement, (i) references to agreements (including this Agreement) and other contractual
instruments shall be deemed to include all subsequent amendments and other modifications thereto,but only to
the extent that such amendments and other modifications are not prohibited by the terms of this Agreement;
and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory
provisions consolidating,amending,replacing,supplementing,or interpreting the statute or regulation;
(d) The captions and headings of this Agreement are for convenience of reference only and shall not affect the
interpretation of this Agreement;
(e) All attachments within this Agreement, including those referenced by incorporation, and any amendments are
considered part of the terms of this Agreement;
(t) This Agreement may use several different limitations, regulations, or policies to regulate the same or similar
matters. All such limitations, regulations, and policies are cumulative and each shall be performed in
accordance with its terms;
(g) Unless otherwise expressly provided,reference to any action of the Grantor or by the Grantor by way of consent,
approval, or waiver shall be deemed modified by the phrase"in its/their sole discretion." Notwithstanding the
preceding sentence, any approval, consent, or waiver required by, or requested of, the Grantor shall not be
unreasonably withheld or delayed;
(h) All due dates and/or deadlines referenced in this Agreement that occur on a weekend or holiday shall be
considered as if occurring on the next business day;
(i) All time periods in this Agreement shall commence on the day after the date on which the applicable event
occurred,report is submitted, or request is received; and
(j) Time is of the essence in this Agreement.
ARTICLE II: GRANTING CLAUSE
2.01 GRANTING CLAUSE: IN CONSIDERATION OF THE PAYMENTS STATED IN ARTICLE IV OF THIS AGREEMENT
AND OTHER CONSIDERATION STATED THEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED, AND ACCORDING TO THE COVENANTS AND COMMITMENTS HEREIN AGREED TO BE KEPT AND
PERFORMED BY THE GRANTEE,THE GRANTOR GRANTS TO THE GRANTEE THE RIGHT TO USE THE PREMISES FOR THE
PURPOSES AND UNDER THE CONDITIONS AND OBLIGATIONS DESCRIBED IN THE FOLLOWING SECTION OF THIS
AGREEMENT.
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2.02 SCOPE OF GRANTING CLAUSE:THE GRANTEE'S USE OF THE PREMISES IS SUBJECT TO COMPLIANCE WITH THE
FOLLOWING COVENANTS,OBLIGATIONS,AND CONDITIONS:
(a) Use: The Premises may be used by the Grantee solely for those uses specified under the "Use(s) of Premises"
section of Attachment A and for no other purpose. Except as otherwise provided in this Agreement,the Premises are
to remain in their current topographical and hydrologic condition during the term of the Agreement. The Grantee is
specifically prohibited from modifying the Premises in any manner not authorized in this Agreement and from using,
or allowing the use by others, of the Premises for any other purpose.
(b) Trash: The Grantee shall be responsible for the removal and disposal of all trash at the Premises, whether or not
such trash is generated by the Grantee or its guests and invitees.
(c) Improvements:
(i) The Grantee's right to use the Premises is exclusive as to those alterations, additions, and/or improvements
located, or to be located, on the Premises(collectively the "Improvements"), as more specifically described under
the"Use(s)of Premises"section of Attachment A and further depicted on Attachment B, and non-exclusive as to
the remainder. The location of the Improvements shall become fixed as specified under Attachment B and shall
not be changed except by a written amendment to this Agreement. Improvements existing prior to the execution of
this Agreement are and shall remain the property of the Grantor;
(ii) Except as otherwise allowed in this Agreement,no construction,land modifications or excavation,or permanent
property improvements may be allowed or undertaken without the Grantor's prior express written consent. The
Grantee may not maintain or allow any nuisances or public hazards on the Premises, and shall be under a duty to
abate or remove any activity or property constituting or contributing to a hazard or nuisance. The Grantee may file
a criminal complaint or institute civil proceedings to protect his right of possession and leasehold interest in the
Premises against trespass of other infringement of the Grantee's rights by third parties. The Grantee is specifically
prohibited from using or allowing the use by others of the Premises for any purpose not stated herein, including,
but not limited to, mining, hauling, or otherwise removing rock, sand, gravel, aggregate, or other such materials,
without the Grantor's prior express written approval;
(iii) Prior to undertaking construction or installation of Improvements on the Premises,the Grantee shall provide
written notice of the terms of this Agreement to each person or entity authorized by the Grantee to perform any
such activity on its behalf. If a dispute arises concerning construction or installation of the Improvements, the
Grantee shall provide the Grantor with a copy of all applicable notices within ten(10)days of the Grantor's written
request;
(iv) The Grantee,in its sole cost and expense, shall make, and be solely responsible for,any repairs,maintenance,
or replacements to the Improvements that the Grantor considers necessary or as required by this Agreement. If the
Grantee fails or refuses to honor such a request, or in case of an emergency, the Grantor may make such repairs,
maintenance, renewals, or replacements. THE GRANTEE WAIVES ANY CLAIM FOR DAMAGE CAUSED THEREBY
AND IS LIABLE TO THE GRANTOR FOR ANY COSTS INCURRED;
(v) Prior to expiration of this Agreement or upon notice of termination, the Grantee shall remove all of the
Improvements, remove any resulting debris, and pay Grantor all monies due. The grantee shall take whatever
measures are necessary to restore the area involved as nearly as practicable to the same condition that existed prior
to placement of any Improvements. If the Grantee fails to comply with this provision, the Grantor shall have the
right to perform the work, in which event the Grantee shall be liable to the Grantor for all cost, loss, and damage
incurred by the Grantor;
(vi) Notwithstanding the preceding,pursuant to Title 31 of the Texas Administrative Code,the Grantor may waive
the removal/restoration requirements in this Section if,in the Grantor's sole opinion and discretion,such waiver is
in the best interest of the State. Any such waiver shall be in writing and may be conditioned upon factors including
the nature and sensitivity of the natural resources in the area, potential damage to or destruction of property,
beneficial uses of the existing improvement(s), and other factors considered to be in the best interest of the State;
and
(vii) Grantee shall insure that all Improvements constructed, placed, or operated by it on the Premises are visible
to operators of marine craft at all times. Grantee shall further take any and all steps necessary to insure that
Improvements constructed, placed, or operated by it on the Premises do not constitute a hazard to operators of
marine craft. Grantee may not restrict or prevent other persons from access to navigating open,navigable waters.
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(d) Adjacent Property:
(i) The Premises are located adjacent to property that is owned by the Grantee or in which the Grantee has a
possessory interest (the "Adjacent Property") and is further described under the "Adjacent Property" section of
Attachment A;and
(ii) If the Grantee is divested of its interest in the Adjacent Property, the Grantor may terminate this Agreement
upon ten(10)days written notice to the Grantee.
(e) Special Conditions: The Grantee shall adhere to the special conditions,if any,listed under the"Special Conditions"
section of Attachment A.
2.03 AS IS: THE GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES
AND ACCEPTS THE SAME "AS IS," IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE GRANTEE
ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY REPRESENTATION,STATEMENT,OR OTHER ASSERTION OF THE
GRANTOR WITH RESPECT TO THE CONDITION OF THE PREMISES, BUT IS RELYING ON THE GRANTEE'S OWN
INSPECTION OF THE PREMISES. THE GRANTOR DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY,
MERCHANTABILITY,SUITABILITY,FITNESS FOR ANY PURPOSE,AND ANY OTHER EXPRESS OR IMPLIED WARRANTY
NOT EXPRESSLY SETFORTH IN THIS AGREEMENT. THE USE OF THE TERM"GRANT"IN NO WAY IMPLIES THAT THIS
AGREEMENT IS FREE OF LIENS,ENCUMBRANCES,AND/OR PRIOR RIGHTS. THE GRANTEE IS PUT ON NOTICE THAT
OTHER GRANT AND/OR ENCUMBRANCE MAY BE OF RECORD, AND THE GRANTEE IS ADVISED TO EXAMINE THE
RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GLO AND RECORDS OF THE COUNTY IN WHICH THE
PREMISES ARE LOCATED.
2.04 RESERVATIONS: THE GRANTOR RESERVES THE FULL USE OF THE PREMISES AND ALL RIGHTS WITH
RESPECT TO ITS SURFACE AND SUBSURFACE FOR ANY AND ALL PURPOSES EXCEPT FOR THOSE GRANTED TO THE
GRANTEE. THE AFOREMENTIONED RESERVED FULL USE OF THE PREMISES BY THE GRANTOR INCLUDES THE
RIGHT OF INGRESS, EGRESS, AND USE OF THE PREMISES BY THE GRANTOR, ITS OFFICERS, AGENTS,
REPRESENTATIVES,EMPLOYEES,AND OTHER AUTHORIZED USERS FOR ANY AUTHORIZED PURPOSE.
2.05 RIGHT OF ENTRY
(a) In any circumstances where the Grantor is granted a right of entry on the Premises during the term of the Agreement,
no such entry shall constitute an eviction or disturbance of the Grantee's use and possession of the Premises, a breach
by the Grantor of any of its obligations hereunder, render the Grantor liable for damages for loss of business or
otherwise,entitle the Grantee to be relieved from any of its obligations hereunder,grant the Grantee any right of off-set
or recoupment, or other remedy.
(b) In exercising any right of entry,the Grantor agrees to exercise its right of entry only at reasonable times(except in
an emergency)for purposes of inspection,repair,and as necessary to protect the State's interests,and the Grantor agrees
not to unreasonably interfere with the Grantee's authorized use of the Premises. The Grantee shall provide the Grantor
with keys or combinations to all locks that may limit access to the Premises.
(c) Further,the Grantee authorizes the State,its officers,agents,representatives,and employees to access the Premises
over and across Grantee's Adjacent Property. Grantor agrees to use the Adjacent Property only to the extent and for
the length of time necessary to provide access to and from the Premises. The foregoing authorization creates a license
only,and does not create an easement over the Adjacent Property.
(d) Grantee acknowledges that Grantor's right of ingress and egress shall remain in effect as long as any improvements
placed on the Premises by Grantee remain on the Premises and/or as necessary for Grantor to confirm the removal (in
whole or in part)of those improvements.
(e) Any aforementioned right of entry shall survive the termination of this Contract.
2.06 DAMAGE OR DESTRUCTION OF PREMISES AND/OR IMPROVEMENTS: NO DAMAGE TO THE PREMISES, OR
DAMAGE TO OR DESTRUCTION OF ANY IMPROVEMENTS, SHALL IN ANY WAY ALTER, AFFECT, OR MODIFY THE
GRANTEE'S OBLIGATIONS UNDER THIS AGREEMENT. IN THE EVENT ANY SUCH DAMAGE OR DESTRUCTION EXCEEDS
THE COST LISTED UNDER THE"COST OF DAMAGE"SECTION OF ATTACHMENT A PER EVENT TO REPAIR,THE GRANTEE
SHALL GIVE WRI11'EN NOTICE TO GRANTOR WITHIN SEVEN(7) CALENDAR DAYS OF THE DAMAGE OR DESTRUCTION,
INCLUDING A DESCRIPTION OF THE DAMAGE OR DESTRUCTION AND,AS FAR AS KNOWN TO THE GRANTEE,THE CAUSE
OF THE DAMAGE OR DESTRUCTION. THE GRANTEE SHALL IMMEDIATELY REMOVE ALL DEBRIS RESULTING FROM SUCH
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DAMAGE OR DESTRUCTION AND TAKE SUCH ACTION AS IS NECESSARY TO PLACE THE PREMISES IN A NEAT, SAFE
CONDITION. WITHIN 90 DAYS OF THE EVENT CAUSING THE DAMAGE OR DESTRUCTION, THE GRANTEE MUST EITHER
REPAIR OR REPLACE THE IMPROVEMENTS, IF PERMITTED BY LAW, OR RETURN THE PREMISES TO THEIR NATURAL
CONDITION. THE GRANTOR MAY MAKE REPAIRS OR REPLACEMENTS PURSUANT TO THIS SECTION, WHEREUPON THE
GRANTEE SHALL BE LIABLE TO PAY THE GRANTOR, UPON DEMAND, THE COST AND EXPENSE INCURRED IN
ACCOMPLISHING SUCH ACTION. ANY FAILURE BY THE GRANTEE TO MAKE SUCH PAYMENT TO THE GRANTOR MAY BE
TREATED BY THE GRANTOR AS AN EVENT OF DEFAULT.
ARTICLE III: TERM
The effective date and termination date of this Agreement are specified under the "Effective and Termination Dates"
section of Attachment A,unless renewed or earlier terminated as provided herein. Unless otherwise specified herein,
renewal of this Agreement is at the sole discretion of the Grantor.
ARTICLE IV: CONSIDERATION
THE GRANTEE SHALL PAY, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS SET FORTH IN THIS
AGREEMENT, THE PAYMENT(S) AND/OR FEE(S) LISTED UNDER THE "PAYMENT(S) AND/OR FEE(S)" SECTION OF
ATTACHMENT A ON OR BEFORE THE DUE DATE.
ARTICLE V: EVENTS OF DEFAULT
5.01 EVENTS OF DEFAULT: WITH RESPECT TO THE GRANTEE, IT SHALL BE AN EVENT OF DEFAULT HEREUNDER
("EVENT OF DEFAULT")IF:
(a) the Grantee fails or refuses to timely pay Consideration or any other payments required by this Agreement after it
becomes due;
(b) the Grantee fails or refuses to comply,timely perform, or observe any of the covenants,duties, obligations, and/or
conditions under this Agreement;
(c) the Grantee abandons or vacates the Improvements,the Premises,or any significant portion thereof;
(d) there is an entry of a court order requiring the dissolution, winding up, or termination of the Grantee's business
affairs; or
(e)the Grantee fails to materially comply with rules and regulations in the Texas Administrative Code,the Texas Natural
Resources Code,or any other rules or regulations promulgated by any state or federal governmental entity with proper
jurisdiction over any of the uses permitted under this Agreement, unless such a failure to comply is redressed through
an enforcement action by an applicable state agency with proper jurisdiction.
5.02 NOTICE AND CURE: There shall be no consequences for an Event of Default under this Agreement,unless the
defaulting party receives written notice of the Event of Default and such Event of Default continues for a period of 30
days after the defaulting party receives the notice. A notice of Event of Default shall specify the event or events
constituting the default. This 30 day period shall be extended if the act, event, or condition is one that by its nature or
circumstances reasonably requires more than 30 days to cure; provided, however, the defaulting party shall promptly
and in good faith initiate and diligently pursue measures that are expected to cure or eliminate the Event of Default in
a reasonable period of time. If either party fails to cure an Event of Default,the non-defaulting party shall be entitled
to terminate this Agreement by written notice. This notice and cure provision does not apply to an Event of Default
under provision 5.01(a)or any emergency situations that affect public health or safety.
5.03 CUMULATIVE RIGHTS AND REMEDIES;NO WAIVER: IF AN EVENT OF DEFAULT OCCURS AND THE GRANTEE
FAILS TO CURE WITHIN THE PERIOD PROVIDED ABOVE,THE GRANTOR MAY,AT ITS OPTION,DO ANY ONE OR MORE OF
THE FOLLOWING:
(a) terminate this Agreement by sending written notice of such termination, in which event the Grantee shall
immediately surrender possession of the Premises to the Grantor(such termination shall not prejudice the rights of the
Grantor for any claim of payments due);
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(b) enter upon and take possession of the Premises and expel or remove the Grantee and any other occupant,with or without
having terminated the Agreement;or
(c) alter locks and other security devices,if any,at the Premises.
The failure of either the Grantee or the Grantor to insist at any time upon the strict observance or performance of any
of the provisions of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair
any other right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults.
Every right and remedy given by this Agreement to the Grantee or the Grantor may be exercised from time-to-time and
as often as may be deemed expedient by the Grantee or the Grantor, as the case may be. In an Event of Default,the
Grantor shall have the option,but not the obligation,to mitigate its damages.
ARTICLE VI: GENERAL TERMS,CONDITIONS,AND EXCEPTIONS
6.01 ASSIGNMENT: THE GRANTEE SHALL NOT ASSIGN OR OTHERWISE DISPOSE OF AN INTEREST IN THIS
AGREEMENT OR THE PREMISES WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE GRANTOR;AND ANY ATTEMPT
TO ASSIGN OR OTHERWISE DISPOSE WITHOUT CONSENT SHALL BE VOID AND OF NO EFFECT. THIS PROHIBITION AGAINST
ASSIGNING OR DISPOSITION SHALL BE CONSTRUED TO INCLUDE A PROHIBITION AGAINST ANY ASSIGNMENT OR
DISPOSITION BY OPERATION OF LAW. IF THIS AGREEMENT IS ASSIGNED, OR IF AN INTEREST IN THIS AGREEMENT OR
THE PREMISES IS DISPOSED OF, THE GRANTOR MAY NEVERTHELESS COLLECT CONSIDERATION FROM THE ASSIGNEE
AND APPLY THE NET AMOUNT COLLECTED TO THE CONSIDERATION PAYABLE HEREUNDER. NO SUCH TRANSACTION OR
COLLECTION OF CONSIDERATION SHALL RELEASE THE GRANTEE FROM THE FURTHER PERFORMANCE OF ITS
COVENANTS,DUTIES,AND OBLIGATIONS.
6.02 INDEMNITY:EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OF
THE GRANTOR, THE GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS THE GRANTOR AND THE GRANTOR'S
OFFICERS,REPRESENTATIVES,AGENTS,AND EMPLOYEES FROM ANY LOSSES,CLAIMS,SUITS,ACTIONS,DAMAGES,
OR LIABILITY(INCLUDING ALL COSTS AND EXPENSES OF DEFENDING AGAINST ALL OF THE AFOREMENTIONED)
ARISING IN CONNECTION WITH:
• THIS AGREEMENT;
• THE USE OR OCCUPANCY OF THE PREMISES;
• ANY NEGLIGENCE, ACT, OMISSION, NEGLECT, OR MISCONDUCT OCCURRING IN, ON, OR ABOUT THE
PREMISES;OR
• ANY CLAIMS OR AMOUNTS ARISING OR RECOVERABLE UNDER FEDERAL OR STATE WORKERS'
COMPENSATION LAWS,THE TEXAS TORT CLAIMS ACT,OR ANY OTHER SUCH LAWS.
THE GRANTEE ASSUMES RESPONSIBILITY FOR THE CONDITION OF THE PREMISES. THE GRANTEE EXPRESSLY
AGREES TO USE AND OCCUPY THE PREMISES AND PLACE ANY IMPROVEMENTS ON THE PREMISES AT ITS OWN RISK.
THE GRANTEE SHALL BE RESPONSIBLE FOR THE SAFETY AND WELL BEING OF ITS EMPLOYEES,CUSTOMERS,AND
INVITEES. THESE REQUIREMENTS SHALL SURVIVE THE TERM OF THIS AGREEMENT UNTIL ALL CLAIMS HAVE
BEEN SETTLED OR RESOLVED AND SUITABLE EVIDENCE TO THAT EFFECT HAS BEEN FURNISHED TO THE GRANTOR.
6.03 PROTECTION OF NATURAL AND HISTORICAL RESOURCES
(a) Unauthorized Discharge:The Grantee shall use the highest degree of care and all appropriate safeguards to prevent
pollution of air, ground, or water in, on, or about the Premises through an unauthorized discharge, and to protect and
preserve natural resources and wildlife habitat. In the event of such discharge or damage to natural resources in,on,or
about the Premises that is the result of an act or omission of the Grantee,its officers,employees,agents,representatives,
contractors, and/or invitees, the Grantee shall immediately notify appropriate agencies of the State of Texas and the
Grantor and undertake all required and appropriate action to remedy the same. The Grantee shall be liable for all
damages to the Premises, public lands, and waters as a result of such act or omission and for mitigation of any such
damages.
(b) Natural Historical Preservation Act and Antiquities Code of Texas: THE GRANTEE IS EXPRESSLY PLACED ON
NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 AND THE ANTIQUITIES CODE OF TEXAS. IN
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THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT, OR OTHER FEATURE OF ARCHEOLOGICAL,
SCIENTIFIC, EDUCATIONAL, CULTURAL, OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES
AUTHORIZED BY THIS AGREEMENT, THE GRANTEE SHALL IMMEDIATELY CEASE SUCH ACTIVITIES AND SHALL
IMMEDIATELY NOTIFY THE GRANTOR AND THE TEXAS HISTORICAL COMMISSION, SO THAT ADEQUATE
MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS,AS APPROPRIATE.
6.04 COMPLIANCE WITH OTHER LAWS; NUISANCE: THE GRANTEE, AT ITS OWN EXPENSE,WILL COMPLY WITH
ALL FEDERAL,STATE,MUNICIPAL,AND OTHER LAWS,CODES,ORDINANCES,RULES,AND REGULATIONS APPLICABLE TO
THE PREMISES; AND WILL INSTALL, REMOVE, AND ALTER SUCH EQUIPMENT AND FACILITIES IN, AND MAKE SUCH
ALTERATIONS TO,THE PREMISES AS MAY BE NECESSARY TO COMPLY. THE GRANTEE WILL NOT MAKE ANY UNLAWFUL
USE OF THE PREMISES OR PERMIT ANY UNLAWFUL USE THEREOF;AND WILL NOT COMMIT,OR PERMIT ANYONE ELSE TO
COMMIT, ANY ACT THAT IS A NUISANCE OR ANNOYANCE TO THE GRANTOR OR ADJACENT PROPERTY OWNERS OR
TENANTS,OR WHICH MIGHT,IN THE EXCLUSIVE JUDGMENT OF THE GRANTOR,DAMAGE THE GRANTOR'S GOODWILL OR
REPUTATION,OR TEND TO INJURE OR DEPRECIATE THE VALUE OF THE PREMISES AND/OR ANY IMPROVEMENTS LOCATED
THEREON. THE OBLIGATIONS OF THE GRANTEE UNDER THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS
AGREEMENT.
6.05 NOTICE
(a) The Grantee shall provide written notice to the Grantor of any change in the Grantee's name, address, corporate
structure, legal status or any other information relevant to this Agreement. The Grantee shall provide to the Grantor
any other information reasonably requested by the Grantor in writing within 30 days following such request.
(b) Any payments and required written notices under this Agreement shall be delivered by hand, facsimile, or United
States Registered or Certified Mail, adequate postage prepaid, to the address(es) listed under the "Address(es) for
Notification"section of Attachment A. A party may change its address by giving notice as provided above. No change
of address shall be binding until notice of such change of address is given as required.
6.06 SEVERABILITY: IF ANY PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE UNENFORCEABLE BY A
COURT OF LAW OR EQUITY,THIS AGREEMENT SHALL BE CONSTRUED AS IF SUCH PROVISION DID NOT EXIST AND THE
NON-ENFORCEABILITY OF SUCH PROVISION SHALL NOT BE HELD TO RENDER ANY OTHER PROVISION OR PROVISIONS OF
THIS AGREEMENT UNENFORCEABLE.
6.07 ENTIRE AGREEMENT: THIS AGREEMENT AND ITS ATTACHMENTS CONSTITUTE THE ENTIRE AGREEMENT OF THE
PARTIES AND SUCH ARE INTENDED AS A COMPLETE AND EXCLUSIVE STATEMENT OF THE PROMISES,REPRESENTATIONS,
NEGOTIATIONS, DISCUSSIONS, AND OTHER AGREEMENTS THAT MAY HAVE BEEN MADE IN CONNECTION WITH THE
SUBJECT MATTER HEREOF. UNLESS AN ATTACHMENT TO THIS AGREEMENT SPECIFICALLY DISPLAYS A MUTUAL INTENT
TO AMEND A PARTICULAR PART OF THIS AGREEMENT, GENERAL CONFLICTS IN LANGUAGE BETWEEN ANY SUCH
ATTACHMENT AND THIS AGREEMENT SHALL BE CONSTRUED CONSISTENTLY WITH THE TERMS OF THIS AGREEMENT.
UNLESS OTHERWISE EXPRESSLY AUTHORIZED BY THE TERMS OF THIS AGREEMENT, NO MODIFICATION, RENEWAL,
EXTENSION, OR AMENDMENT TO THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES UNLESS THE SAME IS IN
WRITING AND SIGNED BY THE RESPECTIVE PARTIES HERETO.
6.08 TAXES: THE GRANTEE SHALL,AS FURTHER CONSIDERATION FOR THIS AGREEMENT,PAY AND DISCHARGE ALL
"TAXES"(AS HEREINAFTER DEFINED)PROPERLY ASSESSED IN ANY CALENDAR YEAR(OR PORTION THEREOF)DURING
THE TERM OF THIS AGREEMENT. FOR THE PURPOSES OF THIS AGREEMENT,THE TERM"TAXES"MEANS ALL TAXES,
ASSESSMENTS,IMPOSITIONS,LEVIES,CHARGES,EXCISES,FEES,LICENSES,AND OTHER SUMS(WHETHER NOW EXISTING
OR HEREAFTER ARISING, WHETHER FORESEEN OR UNFORESEEN, AND WHETHER UNDER THE PRESENT SYSTEM OF
TAXATION OR SOME OTHER SYSTEM), THAT DURING THE TERM OF THIS AGREEMENT MAY BE LEVIED, ASSESSED,
CHARGED, OR IMPOSED BY ANY GOVERNMENTAL AUTHORITY OR OTHER TAXING AUTHORITY OR ACCRUE ON THE
PREMISES AND ANY IMPROVEMENTS OR OTHER PROPERTY THEREON,WHETHER BELONGING TO THE GRANTOR OR THE
GRANTEE, OR TO WHICH EITHER OF THEM MAY BECOME LIABLE IN RELATION THERETO. THE TERM"TAXES"SHALL
ALSO INCLUDE ALL PENALTIES,INTEREST,AND OTHER CHARGES PAYABLE BY REASON OF ANY DELAY OR FAILURE OR
REFUSAL OF THE GRANTEE TO MAKE TIMELY PAYMENTS AS REQUIRED PURSUANT TO THIS PROVISION. THE GRANTEE
AGREES TO AND SHALL INDEMNIFY AND HOLD THE GRANTOR HARMLESS FROM LIABILITY FOR ANY AND ALL
CL950003 6 CustomerlD:C000000902
nhoward CL NewP 011615
TAXES,TOGETHER WITH ANY INTEREST,PENALTIES,OR OTHER SUMS IMPOSED,AND FROM ANY SALE OR OTHER
PROCEEDING TO ENFORCE PAYMENT THEREOF.
6.09 ENCUMBRANCE OF INTEREST: THE GRANTEE MAY NOT MORTGAGE,HYPOTHECATE,ENCUMBER,OR GRANT
ANY DEED OF TRUST OR SECURITY INTEREST THAT ENCUMBERS THE PREMISES. FURTHER, THE GRANTEE MAY NOT
COLLATERALLY ASSIGN ANY RENT OR OTHER INCOME GENERATED FROM THE PREMISES. PRIOR TO EXPIRATION OR
TERMINATION OF THIS AGREEMENT,THE GRANTEE WILL PROVIDE THE GRANTOR WITH DOCUMENTATION SUFFICIENT
TO EVIDENCE THE GRANTOR'S OWNERSHIP OF THE IMPROVEMENTS NOT REQUIRED TO BE REMOVED PER ARTICLE 11.
6.10 PROPER AUTHORITY: EACH PARTY HERETO REPRESENTS AND WARRANTS THAT THE PERSON EXECUTING THIS
AGREEMENT ON ITS BEHALF HAS FULL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT.
6.11 RELATIONSHIP OF THE PARTIES: NOTHING CONTAINED IN THIS CONTRACT SHALL BE DEEMED OR
CONSTRUED TO CREATE A PARTNERSHIP OR JOINT VENTURE,TO CREATE RELATIONSHIPS OF AN EMPLOYER-EMPLOYEE
OR PRINCIPAL-AGENT,OR TO OTHERWISE CREATE FOR THE GRANTOR ANY LIABILITY WHATSOEVER WITH RESPECT TO
THE INDEBTEDNESS,LIABILITIES,AND OBLIGATIONS OF THE GRANTEE OR ANY OTHER PARTY.
6.12 GRANTEE'S WAIVER OF CERTAIN RIGHTS AND ASSERTIONS: THE GRANTEE WAIVES AND RELINQUISHES
ALL RIGHTS THAT THE GRANTEE MIGHT HAVE TO CLAIM ANY NATURE OF LIEN AGAINST THE GRANTOR AND THE
PREMISES, OR WITHHOLD OR DEDUCT FROM OR OFFSET AGAINST ANY CONSIDERATION OR OTHER SUMS PROVIDED
HEREUNDER TO BE PAID TO THE GRANTOR BY THE GRANTEE. THE GRANTEE WAIVES AND RELINQUISHES ANY RIGHT,
EITHER AS A CLAIM OR AS A DEFENSE, THAT THE GRANTOR IS BOUND TO PERFORM OR IS LIABLE FOR THE
NONPERFORMANCE OF ANY IMPLIED COVENANT OR IMPLIED DUTY OF THE GRANTOR NOT EXPRESSLY SET FORTH IN
THIS AGREEMENT.
IN TESTIMONY WHEREOF,witness my hand and the Seal of Office.
GRANTOR: THE STATE OF TEXAS
Signature: Date:
DAWN BUCKINGHAM,M.D.
Commissioner,General Land Office
Chairwoman, School Land Board
APPROVED:
Contents: ta
Legal:
Deputy Director:
Executive:
CL950003 7 CustomerID:C000000902
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COASTAL LEASE: CL950003
GRANTEE:
City of Port Arthur
do-0
4y
By:
(Signature)
(Printed Name)
(Title)
Date:
ACKNOWLEDGMENT
STATE OF §
COUNTY OF § •
This instrument was acknowledged before me on the day of 20
by for City of Port Arthur.
(Notary Signature)
Notary Stamp Notary Public, State of
My commission expires:
CL950003 CustomerlD:C000000902
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ATTACHMENT A: CONTROL PAGE
COASTAL LEASE CL950003
GRANTEE'S NAME
City of Port Arthur
PREMISES
A portion of State Tract Number 31, Sabine Lake, Jefferson County,Texas(the "Premises"). The Premises are further
described and depicted on Attachment B attached hereto and incorporated herein by reference.
USE(S)OF PREMISES
Authorized Use(s)of the Premises:A public project consisting of a 9'X 228'walkway and 33'X 33'L-head comprising
a total encumbrance of 3,141 square feet of coastal public land.
ADJACENT PROPERTY
Pleasure Island, Tract 4, 1267.767,as recorded in the real property records of Jefferson County,Texas.
SPECIAL CONDITIONS
1. Grantee is specifically prohibited from using or permitting the use of the Premises for any commercial or illegal
purpose. Provided the Grantor does not unreasonably interfere with Grantee's use of the Premises,the Grantor
may use or permit the use of the Premises for any purpose consistent with Grantee's use of the Premises.
COST OF DAMAGE
One Thousand and No/100 Dollars($1,000)per event.
EFFECTIVE AND TERMINATION DATES
This Agreement is for a total period of ten(10)years, effective on June 20, 2020,and terminating on June 19,2030.
PAYMENT(S)AND/OR FEES)
In consideration of the mutual covenants and conditions set forth herein and the public benefits to be derived therefrom,
Grantor and Grantee acknowledge that no rental fees shall be assessed for the described use of the Premises while
Grantee is not in default of the terms agreed upon herein.
ADDRESS(ES)FOR NOTIFICATION
Grantor's Contact Information
Name: Texas General Land Office
Title: Director, Coastal Field Operations
Address: 1700 N.Congress Avenue
Address: Austin, Texas 78701-1495
Grantee's Contact Information
Name: City of Port Arthur
Address: P. O.Box 1089
Address: Port Arthur, TX 77641-1089
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ATTACHMENT B:
CL950003 CustomerlD:C000000902
nhoward CntCLAttachA_090114
•
33ft. ► >-6 ft. HWM
Sabine Lake
State Tract 31
Jefferson County
L-head
I--
>
Concrete Breakwater/
Approximate State
Boudary
-5.5 ft. HWM
Concrete Bulkhead/Approximate State Boundary+3.0' HWM
4 20 ft. Pr( 9 ft. 110.11 333 ft. / ►
Basin
dredged
N Levee Id, Vinyl bulkhead from
Road - uplands
Legal Description
Pleasure Island, Tract 4 1267.767
r
Title: CL950003 City of Port Arthur Date of Inspection: 09/06/2023
Company: Texas General Land Office Prepared By: CSolis
Scale: Not to Scale Attachment B