Res 2006-055 - Laserfiche WebLink

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I I I 256. CAPITAL AREA COUNCIL OF GOVERNMENTS LEASE OF SITE FOR AIR QUALITY MONITORING Art. 1. Parties and Purpose 1.1. The Capital Area Council of Governments ("CAPCOG") is a regional planning commission and political subdivision of the state created and operating under the Texas Regional Planning Act of 1965, as amended, chapter 391 ofthe Local Government Code. The City of San Marcos ("City") is a Texas home rule city that owns land suitable for location of air quality monitoring equipment. 1.2. CAPCOG has received a grant from the Texas Commission on Environmental Quality ("TCEQ") to monitor air quality in the Central Texas region. TCEQ has furnished CAPCOG, or CAPCOG has acquired, a trailer and monitoring equipment to carry out the grant, and CAPCOG has contracted with Air Quality Solutions, Inc. ("AQSI"), of Austin, Texas, to operate the equipment. The City has a site within a restricted access area suitable for locating a trailer and monitoring equipment, and CAPCOG desires to lease the site for this purpose. 1.3. This Lease is authorized by chapter 791 of the Government Code. Art. 2. Lease 2.1. City leases to CAPCOG and CAPCOG leases from City the site shown on Attachment "A" to this lease. 2.2. City agrees that CAP COG may locate a trailer on the site. CAPCOG agrees to pay for installation and provision of necessary utilities to the trailer. 2.3. City agrees that employees of CAP COG and AQSI have access to the site 24 hours a day, 7 days a week, to operate the monitoring equipment. CAPCOG agrees that City employees have access to the site for inspection purposes 24 hours a day, 7 days a week. 2.4 CAPCOG agrees to provide City with notification prior to entry into the restricted access area of any employee of CAPCOG or AQSI. CAPCOG agrees to provide the names and other information for each employee of CAPCOG or AQSI who will have access to the restricted access area. 2.5. City acknowledges that TCEQ or CAPCOG owns the trailer and monitoring equipment located on the site and that this Lease does not transfer ownership of the trailer or monitoring equipment to City or create a security interest in them for City's benefit. 2.6. CAPCOG may not assign this Lease or sublet under this Lease without the prior written consent of City. An attempted assignment or sublet in violation of this paragraph is void.