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HomeMy WebLinkAbout15266 ORD - 12/19/1979jkh:11-6-79;1st'. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE CORPUS CHRISTI NATIONAL BANK, IN ACCORDANCE WITH ARTICLE IX, SECTION 29 OF THE CITY CHARTER, FOR THE LEASING OF CERTAIN AERIAL AND SUBSURFACE PREMISES, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be•authorized to lease with the Corpus Christi National Bank, in accordance with Article IX, Section 29 of the City Charter, for the leasing of certain aerial and subsurface premises, all as more fully set forth in the lease, a substantial copy of which is attached hereto and made a part hereof. 15263 _JW9OS-221 • THE STATE OF TEXAS § COUNTY OF NUECES § LEASE This Lease is executed by and between the CITY OF CORPUS CHRISTI, TEXAS (hereinafter called "Lessor"), and CORPUS CHRISTI NATIONAL BANK, a national banking association located in Corpus Christi, Texas, acting by and through its duly authorized officers (hereinafter called "Lessee"), for the consideration and upon the agreements hereinafter set forth. ARTICLE I DEMISE OF LEASED PREMISES For and in consideration of the rents to be paid by Lessee and the agreements herein set forth, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, for the term hereinafter set forth the premises more particularly described in Exhibit A attached hereto (hereinafter called "Aerial Leased Premises") and the premises more particularly described in Exhibit B attached hereto (hereinafter called "Subsurface Leased Premises"); provided, Subsurface Leased Premises shall include the premises described in Exhibit B that surface and that is reasonably of the Waterlines described in necessary Article V however, that the only that part of lies beneath the for the placement of this Aerial Leased Premises and the Subsurface Leased shall hereinafter be collectively referred to as Lease. The Premises the "Leased Premises." This Lease is made pursuant to the authority granted in, and in accordance with the provisions of, Article IX, Section 29 of the Corpus Christi City Charter. NOTICE: PORTIONS OF THIS LEASE ARE SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, TEX.REV.CIV.STAT.ANN., ARTICLE 224, ET. SEQ. (VERNON 1973). ARTICLE II LEASE TERM Section 2.01 - Length. This Lease shall be for a term of sixty (60) years beginningiJ2 T190, /nar� ,.� , cgd42 I and ending at midnight on subject, however, to earlier termination as hereinafter provided. _ Section 2.02 - Holding Over by Lessee. In the event Lessee remains in possession of the Leased Premises after the expiration of this Lease, it shall be deemed to be occupying said premises as a tenant at sufference and any holding over shall constitute, at Lessor's option, a month-to- month lease subject to all of the agreements, covenants and obligations of this Lease insofar as same are applicable to - a month-to-month tenancy. ARTICLE III - RENT Section 3.01 - Rental for Aerial Leased Premises. As rental for the Aerial Leased Premises, Lessee agrees to pay Lessor the total sum of Eleven Thousand Five Hundred Twenty and No/100 Dollars ($11,520.00), as rental for the full term, which rental shall be paid by Lessee to Lessor upon execution of this Lease. Section 3.02 - Rental for Subsurface Leased Premises. As rental for the Subsurface Leased Premises, Lessee agrees to pay Lessor the total sum of Three Hundred Fifty -Nine and 60/100 Dollars ($359.60), as rental for the full term, which rental shall be paid by Lessee to Lessor upon execution of this Lease. Section 3.03 - Rent Not Refundable. No part of the rental paid by Lessee shall be refunded in the event that this Lease is terminated prior to its full term. -2- - ARTICLE IV THE AERIAL LEASED PREMISES Section 4.01 - Use of Aerial Leased Premises. Lessor hereby grants Lessee the right to use the Aerial Leased Premises for,- but only for, the construction, installation, maintenance, repair, removal and replacement within the Aerial Leased Premises of an enclosed structure (hereinafter referred to as "Structure"), which Structure will connect the banking facilities and the parking facilities to be constructed by Lessee on the East and West sides of the Aerial Leased Premises. Lessee's actions in accomplishing the foregoing shall comply with applicable ordinances of the City of Corpus Christi. A detailed architectural plan of the Structure together with a drawing of the Structure's exterior is attached hereto as Exhibit C. Lessee shall make no substantial change in the architectural plan or the exterior appearance of the Structure, as they appear in Exhibit C, without Lessor's consent. Section 4.02 - Use of Surrounding Premises. Lessor hereby grants Lessee the right to use so much of the premises below, above, and adjacent to the Aerial Leased Premises (hereinafter referred to as "Surrounding Premises") as may be reasonably necessary to construct, install, repair, remove, and replace the Structure; provided, however, that Lessee's use of the Surrounding Premises shall comply with applicable ordinances of the City of Corpus Christi. Section 4.03 - Use of Structure. The Structure shall be used for the movement of pedestrians and goods between Lessee's banking and parking facilities adjacent to the Aerial Leased Premises, for the containment of electrical power lines, and for such other purposes as are consistent with the design and plan of the Structure; provided, however, that the Structure shall not be used for storage or occupancy. -3- Section 4.04 - Maintenance. Lessee shall safely maintain said Structure and regulate the use and occupancy thereof so that the Structure or the use thereof will not be a hazard or danger to the persons or property of the public using the street below said Structure. Section 4.05 - Minimum Elevation of Structure. Lessee agrees that no part of the Structure shall be lower than sixteen and one-half feet (16.5') above the crown of Water Street below the Structure, said elevation to be determined as of the date this Lease is executed and not to be affected by subsequent changes in the elevation of the crown of Water Street. -- Section 4.06 - Lighting of Structure. Lessee shall install and maintain lighting on and underneath the Structure if Lessor determines such lighting to be necessary to eliminate any significant nighttime shadow areas caused by the Struc- ture's interference with surrounding street lighting. Section 4.07 - Removal of Facilities. Lessee shall upon demand by the Lessor, pay such charges as may be incurred by the Lessor for the removal of any facilities, utilities or structures between the street lines and underneath the Structure which are made necessary by reason of the construc- tion of the Structure. Section 4.08 - Signs. Lessee shall not maintain or allow any sign on or within the Structure in such a manner that the sign is visible from the outside of the Structure, except for such signs that may be required by law. Section 4.09 - Destruction of the Structure. In the event the Structure shall be totally or partially destroyed by fire, hurricane or other storm, explosion or any other casualty, and if Lessee does not within twelve (12) months -4- from the date of such destruction commence reconstruction and thereafter carry it to completion with due diligence, this Lease shall terminate and end as to the Aerial Leased' Premises as of the end of said twelve (12) month period or thecessationof reconstruction with due diligence, whichever last occurs. This Lease,'however, shall continue in full force and effect as to the Subsurface Leased Premises. Section 4.10 - Entry by Lessor. Lessor, by its officers, agents or employees, may at all reasonable times enter upon_ the Aerial Leased Premises to view the condition of the - Structure. Section 4.11 - Discontinuance of Use of Structure. In -the event Lessee shall discontinue use of the Structure for the purposes hereinbefore described for a period of twelve (12) consecutive months for reasons other than destruction of the Structure, this Lease shall terminate and end as to the Aerial Leased Premises, but shall continue in full force and effect as to the Subsurface Leased Premises. Section 4.12 - Removal of Structure. Within forty-five (45) days. after the termination of the Lease with respect to the Aerial Leased Premises, Lessee shall remove the Structure at its own expense, regardless of Lessor's failure to demand removal or to give any notice, other than a notice of termi- nation that may be required by other provisions of this Lease. If Lessee fails to remove the Structure in accordance with this section, then Lessor may remove the Structure and require Lessee to pay the expense of removal within thirty (30) days therefrom. ARTICLE V THE SUBSURFACE LEASED PREMISES Section 5.01 - Construction of Waterlines in Subsurface Leased Premises. Lessor hereby grants Lessee the right to -5- use the Subsurface Leased Premises for, but Only for, the construction, maintenance, installation, repair,: replacement and removal within the Subsurface Leased Premises of two sixteen -inch pipelines (hereinafter referred to as "Water— lines") and one electrical line. Lessee's actions in accom- plishing the purposes listed in the preceding sentence and its use of the surface of Water Street in connection therewith shall comply with applicable ordinances of the City of Corpus Christi. Section 5.02 - Use of Waterlines. The Waterlines shall : be used for the transmission of chilled water between Lessee's banking facilities and air conditioning unit which will be located on the East and West sides of the Subsurface Leased Premises, respectively. Section 5.03 - Maintenance. Lessee shall safely maintain said Waterlines and regulate the use thereof so that the Waterlines or the use thereof will not be a hazard or danger to the persons or property of the public using the street above said Waterlines. Section 5.04 - Destruction of the Waterlines. In the event the Waterlines shall be totally or partially destroyed for any reason whatsoever, and if Lessee does not within twelve (12) months from the date of such destruction commence reconstruction and thereafter carry it to completion with due diligence, this Lease shall terminate and end as to the Subsurface Leased Premises as of the end of said twelve month period or the cessation of reconstruction with due diligence, whichever last occurs. This Lease, however, shall continue in full force and effect as to the Aerial Leased Premises. Sec..ion 5.05 - Discontinuance of Use of Waterlines. In the event Lessee shall discontinue use of the Waterlines for -6- the purposes hereinbefore described for a period of twelve (12) consecutive months for reasons other than destruction of the Waterlines, this Lease shall terminate and end as to the Subsurface Leased Premises, but shall continue in full force and effect as to the Aerial Leased Premises. ' Section 5.06 - Relocation of Waterlines. It is recognized that the Waterlines are essential to the operation of the two office towers and bank building of Lessee which will be on the East side of Water Street. Lessee agrees to relocate the Waterlines if necessary for future construction of utilities or storm sewers by Lessor or if necessary because of a change in street grade or patterns; provided, however, that if Lessor may accomplish its purpose by a design does not require the relocation of the Waterlines but is more expensive than the design which would require which which such relocation, Lessee may, instead of relocating the Waterlines, pay Lessor the added cost of accomplishing its purpose by the more expensive design. ARTICLE VI INSURANCE AND INDEMNITY Section 6.01 - Insurance and Indemnity. Lessee shall maintain and keep in force during the term of this Lease legally binding policies of insurance for claims arising out of the construction, existence, use, operation, maintenance,- alteration, repair or removal of the Structure or the Water- lines, and Lessee shall cause current certificates of such insurance to be filed in the office of Lessor's City Secretary. Such policies of insurance shall be issued by a company or companies of sound and adequate financial responsibility either authorized to do business in the State of Texas or amenable to service of valid process therein. Such insurance shall be of the following types and, subject to Section 6.02 of this Lease, in the following minimum amounts: -7- Insurance: Bodily Injury 1. Comprehensive General Public Liability $1,000,000.00 $1,000,000.00 $1,000,000.00 Property Damage per person per occurrence per occurrence Workmen's Compensation and Employers Liability - Insurance in the amounts and form required by the Workmen's Compensation Act and the insurance laws of the State of -, Texas. The Comprehensive General Public Liability Insurance shall include the City as a named insured. The naming of the City as an additional insured in such Comprehensive General Public Liability policies shall not thereby cause the City to be deemed a partner or joint venturer with Lessee in its businesses or in connection with its construction of the Structure or the Waterlines. Said policies of insurance shall be performable in Nueces County, Texas, and shall be construed in accordance with the laws of the State of Texas. Furthermore, said policies of insurance shall not be subject to cancellation by insurers except after delivery of written notice by registered mail to Lessor's City Secretary at least fifteen (15) days prior to the effective date of such cancellation, and Lessee shall, prior to the effective date of such cancellation, provide Lessor with substitute certifi cates of insurance. Section 6.02 - Renegotiation of Insurance Amounts. Five (5) years from the date this Lease is executed, and at five (5) year intervals thereafter, either party may initiate renegotiation of the amounts of the insurance required by Section 6.01 of this Lease by notifying the other party, within one month after the beginning of the new five (5) year period, of its desire to do so. In renegotiating the insurance amounts, the parties shall seek to agree on amounts -8- which are commercially reasonable in light of all the circum- stances, including changes in the cost of living and changes in the tort claims experience of businesses and governmental entities generally. If the parties are unable to agree on the insurance amounts within two (2) months after the beginning of the new five (5) year period, any areas of disagreement shall be settled by binding arbitration, the arbitrator to be chosen in accordance with the rules of the American Arbitration Association. - Section 6.03 - Indemnity. Lessee shall indemnify and hold Lessor free and harmless from any and all losses, damages, claims or causes of action incurred by or asserted against Lessor for personal injuries, or death, or property damage arising out of the construction, existence, use, operation, maintenance, alteration, repair or removal of the Structure or the Waterlines. ARTICLE VII DEFAULT Section 7.01 - Lessor's Remedy for Default. In the event default shall be made at any time by Lessee in payment of rent, or if default shall be made in any of the other terms and conditions to be kept, observed and performed by Lessee, and any such default shall continue for thirty (30) days after written notice thereof by registered or certified mail to Lessee from Lessor, then Lessor may at any time thereafter, prior to the curing of such default by Lessee, declare the term of this Lease ended and terminated by giving Lessee written notice of such termination. Section 7.02 - Waiver of Rights. The failure of Lessor or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy that Lessor or Lessee may have, and shall not be deemed a waiver of the right to -9- require strict performance of all the terms, covenants and conditions•of the Lease thereafter or'a waiver of any remedy for the subsequent breach or default of any term, or condition of the Lease. • ARTICLE VIII MISCELLANEOUS PROVISIONS• Section 8.01 - Limitation of Leasehold. Lessor does not warrant its title to the Leased Premises and does not guarantee Lessee's quiet possession of them. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions and exceptions of record or apparent. Nothing contained in this Lease shall be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by Lessor. covenant Section 8.02 - Notices. All notices required hereunder shall be deemed properly served when deposited in the United States Mail in a prepaid wrapper via registered or certified mail and addressed as follows: To Lessor at: City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78408 To Lessee at: Corpus Christi National Bank Post Office Box 301 Corpus Christi, Texas 78403 unless notice of change of address is properly given in writing, in accord with the provisions of this section. Notices sent to Lessor shall be addressed to the attention of its City Manager unless some other provision of this Lease requires a particular notice to be sent to -a different specified City officer, in which case the notice shall be addressed to the attention of that officer.- -10- Section 8.03 - Binding Agreement. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, shall be binding on the said parties, and their • respective successors and assigns. Section 8.04 - Other City Ordinances. This Lease and the ordinance under which it is'executed shall not operate to repeal, rescind, modify or amend any ordinances or resolu- tions of the City of Corpus Christi relating to the use or obstruction of streets, the granting of permits and any regulations relating to the preservation of order and movement of traffic, or any other ordinances, resolutions or regulations not specifically set forth in the ordinance of which this Lease is a part. Executed this day of , Pgfi0• LESSOR: CITY OF CORPUS CHRISTI, TEXAS By: LESSEE: CORPUS CHRISTI NATIONAL BANK By: -11- - EXHIBIT A - THE AERIAL LEASED PREMISES,,.., The airspace above the following described parcel of - land between the following described horizontal planes, to -wit: -PARCEL A parcel of land out of Water Street in Corpus Christi, Texas, between Block 4 and Water Block 5, as revised, Beach Portion of the City of Corpus Christi, Nueces County, Texas, according to map or plat recorded in Volume 15, Page 30, Map Records of Nueces County, Texas, and more,particularly described as follows, to -wit: COMMENCING at the Southwest corner of said Water Block 5; THENCE in a Northerly direction with the West boundary line of said Water Block 5 a distance of 166.45 feet to a point on said boundary line for the POINT OF BEGINNING of the herein described parcel; THENCE in a Northerly direction with the West boundary line of said Water Block 5 a distance of 30.00 feet to a point on said boundary line for the Northeast corner of said parcel; THENCE in a Westerly direction across Water Street a distance of 80.00 feet, more or less, to a point on the East boundary line of said Block 4, which point is 189.45 feet North of the Southeast corner of said Block 4, for the Northwest corner of said parcel; THENCE in a Southerly direction with the East boundary line of said Block 4 a distance of 30.00 feet to a point on said boundary line for the Southwest corner of said parcel; THENCE in an Easterly direction across Water Street a distance of 80.00 feet, more or less, to the POINT OF BEGINNING. LOWER HORIZONTAL PLANE A horizontal plane drawn described, at an elevation 16. Water Street below said plane. UPPER HORIZONTAL PLANE A horizontal plane drawn described, at an elevation 40 Water Street below -said plane over said parcel, 00 feet above the over said parcel, .00 feet above the hereinbefore crown of hereinbefore crown of EXHIBIT B THE SUBSURFACE LEASED PREMISES • A strip of land out of Water Street in Corpus Christi, Texas, between Block 4 and Water Block 5, as revised, Beach Portion of the City of Corpus Christi, Nueces County, Texas, according to map or plat recorded in Volume 15, Page 30, Map "Records of Nueces County, Texas, and more particularly described as follows, to -wit: COMMENCING at the Southwest corner of said Water Block 5; THENCE in a Northerly direction with the West boundary line of said Water Block 5 a distance of 44.00 feet to a point on said boundary line for the POINT OF BEGINNING of the herein described strip; THENCE in a Northerly direction with the West boundary line of said Water Block 5 a distance of 7.00 feet to a point on said boundary line for the Northeast corner of said strip; THENCE in a Westerly direction across Water Street a distance of approximately 80.00 feet to a point on the East boundary line of said Block 4, which point is 41.50 feet North of the Southeast corner of said Block 4, for the Northwest corner of said strip; THENCE in a Southerly direction with the East boundary line of said Block 4 a distance of 7.00 feet to a point on said boundary line for the Southwest corner of said strip; THENCE in an Easterly direction across Water Street a distance of approximately 80.00 feet to the POINT OF BEGINNING. . : 4 4. 1- That the foregoing ordinance w s read for he first time and passed to its second reading on this the day of ated-j,AW , 1977 by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read fo he second time and passed to its third reading on this the of / day of , 19 79 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz. Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for the third time and passed finally on this the day of , 19" Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the day of ATTEST: , by the following vote: , 19 City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF , 19 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney c That the foregoing ordinance as read for second reading on this the '( day of following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky � � r first time and passed to its ,.19 ff , by the That the foregoing ordinances read for third reading on this the {Cday of following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky e second time and passed to its , 19f f , by the That the foregoing ordinanc as rea for the th' d time and passed finally on this the /Q day of , .�,9��rp/j , 19' , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the /9 day of ATTEST: City Secretary APPROVED: 7 AY OF 197: J. BRUCE AYCOCK, CITY ATTORNEY 7,4 MAYOR,/" TFF{{E C TYf OF CORPUS CHRISTI, TEXAS J2rte^ t..,-, _,3 That the foregoing ordinance was read for the first time and passed to its second reading on this the' day of ,.19 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for the second time and passed to its third reading on this the day of , 19 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for the third time and passed finally on this the ,7 day of , 19 79 by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the ' day of .. 19 ATTEST: City Secretary APPROVED: DAY OF , 19 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS xis• STATE OF; TEXAS, tss: County of Nueces. jBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came ...................___._.___.. DOROTHY kINDERSON ACCOUNTING CLERK ., who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of PUBLIC NOTICE NOTICE IS HEREBY GIVEN ON THE 21th';............................. of which the annexed is a true copy, was published in Corpus Christi Caller Times on the 26 day of November consecutive 1. Times. $ 563.50 DAY .1979.., and once each_ day thereafter for....1 Doroth; i•ndeison Subscribed and sworn to before me this 20 day o19 19 79 Ntarry Pubhc, Nueces County, .Texas Lois inn wax Public Liability Insurance shall klcude the City as a named in- sured. The naming of the Cjty as an additional insured In such Comprehensive General Public Liability policies shall not there- by cause the City to be deemed a partner or joint venturer with Lessee In I15 businesses or in connection with its construction of the Structure or the Water- lines. Said policies of insurance shall be performable in Nueces County, Texas, and shall be con- strued in accordance with the laws of the State of Texas. Fur- thermore, sald policies of insur- ance shall not be subject to Can- cellation by Insurers except after delivery of written notice by to Lessor's City registeredSecrr05 least fifteen (15) days prior to the effective date of such cancellation, and Lessee shah, prior to the effec- tive date of such cancellation, provide Lessor with substitute certificates of Insurance. Section 6.02 - Renegotiation of Insurance Amounts. Five (5) years from the date this Lease is executed, and at five (5) years intervals thereafter, el- thr party may initiate renege dation of the amounts of the (0- surence required by Section 6 01 of this Lease by notitying the other party, within one month after the beginning of the new live (5) year period, of Is desire to do so. In renegotiating the in- surance amounts, the parties shall seek la agree on amounts which are commercially rem tile In Tight of all the cir- cumstances, including changes in the cost of living and changes in the tort claims experience of businesses and governmental entities generally. If the parties areunabia to agree on the hlsur- - ainounTs" w11 gh—iHwo"12 moot* after the beginning of the new five (5) year period, any areas of disagreement snail be s ; by binding arbi- tration, the arbitrator to be cho- sen intaccardrroewith the rules of the American Arbitration As- sociation. Section 603 - Indemnity. Les- see shall Indemnify and hold Lessor free and harmless from any and all tosses, damages, claims or causes of action in- curred by or asserted against Lessor for personal injuries, or death, or property damage aris- ing out of the construction, ex - [stance, use, operation, mainte- nance, alteration, repair or removal of the Structure or the Waterlines. ARTICLE VII DEFAULT Section 7.01 - Lessor's Rem- edy for Default. In the event default shall be made at any time by Lessee in payment of ent, or If default shall be made n any of the eager *rn(s and conditiords teas laepi, abderved nd Performed by Giaee, end y rrsr,grgv • ..n *tin. thIrty`'Oa7 day ireiir}weten ice therm( by r g5'dered Or leo TOM to Lessee from 505', then Lessor may at ant' me 561r065105,*the ng of such default 0 sem, declare the form of (I{Is Lease ended and lrmira0d by giving Lessee watt*, rid" of such trmketlan• Section 7.02 - Waiver of Rig*. The failure Lessor or Lessee to keel on shit Per - torment -it oni of the terms, covenant, or conditions of this Lease shalt not be deemed a waiver of any right or remedy that Lessor or Lessee may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter ora wal• ver of any remedy -for the sub- sequent breach -lir default of any tern, covenant or con4ltfon of the Lease. LE VIII MISCELLANEOUS PROVISIONS /Section 0.01 - limitation of Las5elgld. Leser does not war- rust Hs tate to/ the Leased Promisee and does not guaran• tee Lsesee's quiet possession of them. This Lease an the rights and priviledges granted Lessee In and to the leased Premises are subject to all covenants, Mons, restrictions and ex- ceptions of record or appar- t. Nothing contained in this Lease shall be construed to Imply the veyance to Lessee of rights in the Leased Premises that ex- ceed those owned by Lessor. Section 8.02 • Notices. All no- ires required hereunder shall deemed properly served deposited in the United fates Mall in 0 prepaid wrap - via registered or certified it and addressed as follows. To Lessor at: City of Corpus Christ) Post Office Box 9277 Corpus Christi, Texas 78!011 To Lessee at. Corpus Christi National Bank Post Office Box 301 Corpus Chrlstl, Texas 78403 nless notice of change of ad- ress is properly given In writ - ng, in accord with Me prov(- --of W55 56cif0ih as i to Lessor shall be *d- essert to the attention of Its Manager unless same ottl- provhbn of this Leese re - res a parHcuir notice to be s to a different speOM' Icer, In which case the noHCe hall be addressed to the 01500- (0005 that officer. ir Section 8.03 - BiMing:Aree- ment It Is further muun- derstood and agreed ht ler the covenants and agreeenerls' con- tained in the Lease, 10 lbs per- formed by the respective Par- ties, arties, shall be binding one he said parties, and their respective successors assigns. 1 Section 804 - Other C1ry Ordi- nances. This Lease and �e ordi- nance under which H Is exe- cuted shall not operate to repeal, rescind, modify or amend any ordlnances'or raw lotions of the City of Corpus Christi relating to the uaa of ob- struction of sheets, the gr,MMng of permits and any regu*M}oea relating to the presr', --or order and movement of ,e. ss or any other tions or regulations molly see forth In the of which this Leases • '. Executed this - day d , 1979. L'RSBOIE CITY OF CORPUS CHRISTI, TEXAS f - LESSEE: CORPUS CHRhSTI NATIONAL BANK cr r t EXHIBIT A THE AERIAL LEASED PREMISES The airspace above the id - lowing described parcel of land between the following described horizontal planes, to -wit: PARCEL A parcel of land out of Water Stret in Corpus Chirsti, Texas, between Block 4 and Water Block 5, as revised, Beach Por- tion of the City of Corpus Christi, Nueces County, Texas, according to map or plat err corded in Volume 15, Page 30, MaTexas, anp RecorddsmaNuere 0 cesparticulaourly Cnty, described as follows, to -wit: COMMENCING at the South- west corner of said Water Block 5; HENCE in a Northerly di- rection with the West boundary line of said Water Block 5 a dis- tance of 166 45 Leet to a point on said boundary line for the POINT OF BEGINNNING of the herein described parcel; THENCE In a Northerly di- rection with the West boundary line of said Water Stock 5 a dis- tance of 30.00 feet to a point on said boundary line for the Northeast corner of said parcel; THENCE in a Westerly direc- tion across Water Street a dis- tance of 0000 feet, more or less, to a point on the East boundary line of said Blocs 4, which point is 189.45 feet North of the South- east corner of said Block 4, for the Northwest corner of said peril; THENCE in a Southerly dl - rection with the East boundary line of said Block 4a distance of 30.00 feet las pbinton said boundary line for the Southwest corner of said parcel; THENCE in a Easterly direc- tion irertion across Water Street a dis- .00 feet, morear lathe POINT OF BEGINNING. LOWER HORIZONTAL PLANE l pane drawn over said parcel, hereinbefore descrIbed,_at an elevation 1400 _"'•.feet above the crown of Water Street below said plane. UPPER HORIZONTAL PLANE A horizontal plane drawn over said parcel, herelobelore described, at an elevation 40.00 feet above the crown of Water Street below said Plane. CXHIBIT 8 THE SUBSURFACE 7..EASED PREMISES A strip of laud out of Water Street In Corpus Christi, Texas, between Block 4 and Water Block 5, as revised, Beach Por - ton of the City of Corpus hristi, Nueces County, Texas, IN- la -map -r -plat re- orded In Velum 15, Page 30, p Record%of Nwca6 County, xas, aj1d nem.' tarry riled as tollarws. COMMEy(CING at1114 t conRry1y a slid_ 81otic THENCE__ y di - j" sa%:- nee r 440 feat to a PoHd on said boundary line for the POINT OF BEGINNING of the herein described strip, THENCE in a Northerly di- rection with the West boundary line of sold Water Block 5 a dis- tance of 7.00 feet to a point on said boundary line for the Northeast corner of said strip; THENCE Ina Westerly direc- tion across Water Street a dis- tance of approximately 00.00 feet to a point on the East boundary Ilne of said Block 4, which point is 41.50 feet North of the southeast corner of said Block 4, for the Northwest tr- ot said strip; THENCE In a southerly el- ection with the East boundary Inc of said Block 4 a distance of 00 feet to a point on said Mary line for the Southwest of Said strip; THENCE. in an Easterly di- across Facross WYfr Street a tame of approx mat eVV to the POINT BEGIN- - PUBLIC NOTICE Notice is hereby given that the City Council of the City Corpus Christi Ines on 90(1401 day of November, 1979, a ov ed on first reading, the following ordinance: £Exhibd "C" re- ferred to below is available td the public in the Office of the City Secretary 1 WITNESS my hand this 15th day of November, 9479. b' •s -Bill G. Read, City Secretary Corpus Christi AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE CORPUS CHRISTI NATIONAL BANK, IN ACCORDANCE WITH AR- TICLE IX, SECTION 29 OF THE CITY CHARTER, FOR THE LEASING OF CERTAIN AERIAL AND SUBSURFACE PREMISES, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH 15 AT- TACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE 'CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to lease with the Corpus Christi National Bank, in accordance with Ar - Odle IX, Section 29 of the City Charter, for the leasing of cer- tain aerial and subsurface premises, all as more fully set forest in the lease, a substantial Copy of which ft attached hereto and made a part hereof. LEASE THE STATE OF TEXAS COUNTY OF NUECES 'This Lease is executed by and between the CITY OF CORPUS CHRISTI, TEXAS (hereinafter carred"Lessor"), and CORPUS CHRISTI NATIONAL BANK, a national banking association Ir sated in Corpus Christi, Texas, acting by and through its duly authorized officers (hereinafter called "Lessee"), for the consid- eration and upon the aggree mets hereinafter set forth. / ARTICLE 1 Texas ZIT EMO�E LEASED PREMISS1S"- IFor and In consideration the rents to be paid by Les and the aggreements herein se forth, Lessor hereby leases Lessee and Lessee hereb Teases from Lessor, for the term hereinafter set form the prem- ises more particularly de- scribed in Exhibit A attached hereto (hreinaffer called "Ae- rial Leased Premises") and the premises more particularly de. scnbed In Exhibit B attached !ferret -thereinafter called "Sub ....sed Premises"), provided, however, that the SGIiduitace Leased Premises Mall include only that part of the premises described In Ex- hibit B that Ila beneath the sur- face and that is reasonably nec• essary for the placement of the Waterlines described In Artkte V of this Lease, The Aerial Leased Premises and the Sub- surface Leased Premises shall terrreOMto as the be "Leased Prem- ises." This Lease Is ,Wade pur- suant to the but orlly granNd lel, and in accordance with the provisions of, Article IX, Section 29 of the Corpus Christi City Osarter. f OTICE: PORTIONS OF THIS LEASE ARE SUBJECT TO RBITRATIN UNDER THE •EXAS GENERAL ARBI• RATION ACT, TEX REV. CIV STAT. ANN., ARTICLE 224, ET. SEQ (VERNON 1973): ARTICLE II . LEASE TERM Section 201 - Length. This Lease shall be fora term of six- ty (60) years beginning -, 1979, apd ending at midnight an -, • 2039, subfect, however, to NON er termination , as hereinafter provtded. Section 2.02. Holding Over by Lessee. In the event Lessee re- mains In possession .of the Leased Premises after the exp. ration of this Lease, It shall be deemed to be occupying said premises as a tenant at suffer- • and any holding over shall onstitute, at Lessor's option, • th•to-month lease subject to n of the aggreements, coy rift and obligations of this Lease insofar as same are ap• licable to a month-to-month te- nancy. -- ARTICLE Ill RENT Sectton 3 01 _ Rental for Aerial Leased Premises. As rental for the Aerial Leased Premises, Lessee, agrees to pay Lessor the total sum of Eleven Thousand Five Hured Twenty and No/100 Dollars (011,520.00), as rental for the full term, which rental shall be paid by Lessee to Les- sor upon caw„n•--- Lease. - Section 302 - Renal for Sub surface Leased Premises. As rental for the Subsurface Leased Premises, Lessee agrees to pay Lessor the total 0015 of Three Hundred Fifty- Nine- and 60/100 Dollars ($359.60) as rental for the full term,whkh renal shalt be paid by Lessee to Lessor upon execu- tion of this Lease. 'Section 3 03 - Rent Not Refun- dable. No part of the rental paid by Lessee shall be refunded in the event that this Lease is ter- minated prior to its full term. ARTICLE W • THE AERIAL LEASED PREMISES Section 401 - Use of Aerial Leased Premises. Lessor here- by ereby grants Lessee the right to use the Aerial Leased Premises for, but only for, the construction, installation, maintenance, re - nein removal and replacement In the Aerial Leased Prem. Ices of an enclosed structure (hereinafter referred to as "Structure"), which Structure will connect the banking facil- ities and tttemedei g facilities to. be constructed by Lessee on the East and West sides 09 the Ae- rial Leased Premises. Lessee's actions In accomplishing the foregoIphi aby0ordi ordinances oshall f the City of Carpya Christi. A detailed ar- �g[ructure Structure's arterior 1s ad�ached hereto as Exhibit Ci I(essee shall make ne stubstantial change 5) the erchtleEarraj Wan or the exterkY ;appeapance of the Struclwe, �a.�ethapp@er In Exhibit C, -without Lessor's con- sent. Section 4.02 -Used Surround- ing Premises. Leaser hereby grantscoLessee91* premiss below, above, and adjacent to the Ae- rial Leased Premises (here- inafter referred to as "Sur- rounding Premises") as may be reasonably necessary to con- struct, install, repair, remove, and replace the Structure, pro- vided, however, that Lessee's use of the Surrounding Prem- ises shall comply with *091 - cable ordinance Of the City of Corpus Christi Section 4.03- Use of Structure. The Structure Mall be used for the movement of pedestrians and goods between Lessee's banking and parking facilities adjacent to the Aeral Leased Premises, for the cattainment of electrical power Ones, and for such other purposes es ere con- sistent with the design and Wet of the Structure; provided, hoar ever, that the Structure shall not be used for storage or oca• Section 404 - Maintenance. Les- see shall safely maintain said Structure and regulate the use and occupancy thenad so that the Structure or the use meed will not be a hazard or danger to the persons or property of the public using the street below said Structure. '• 4.03•MTVIIMxn'Ele- vatton of Structure. Lessee agrees that nes part of the Shur lure shill be lower than sixteen and—One-198H feet (16.09 above the crown of Water Street below the Structure, said elevation to be determined as of the date this Lease is executed and not be affected by subsequent changes In the elevation of the crown of Water Street. Section 4.06 - Lighting of Structure. Lessee shall install and maintain lighting on and underneath the Structure if Les- sor determines such lighting to be necessary to eliminate any significant nighttime shadow areas caused by the Structure's Interference with surrounding street lighting. Section 407 - Removal of Fa- cilities. Lessee shall upon de mend by the Lessor, pay such charges as may be incurred by the Lessor for the removal of any facilities, utilities or struc- tures between the street !Ina and underneath the Structure which are made necessary by reason of the construction of the Structure. Section 4.00 • Signs. Lessee shall not maintain or allow any sign on or within the Structure In such a manner that the sign ft visible from the outside of the Structure, except for such signs that may be required by law. Section 409 • Destruction of the Structure. In the event the .. t or par e, carri- aorstorms explosion or anend 2 y other cadoes not with n twelve (12) months from the date of Such destrudlon commence re- construction and thereafter car- ry It to completion with due aml- 9ence, this Lease shall terminate and end as to the Ast- ral! Leased Premises as of the end of said twelve (121 month pared of the cessation of recon- struction with due diligence, whichever last occurs. This Lease, however, shall continue in full force and effect as to the Subsurface mises Secna+410 Entry by Lessor. Lessor, by its officers, agents or �H�' may at all reason- ablemes enter upon the Aerial Leased Premises to view the condition of the Structure. Section 4.11 - Discontinuance of Use of Structure, In the event Lessee shall discontinue use of the Structure for the purpo$eS hereinbefore described for a pe- tted of twelve (12) consecutive months for reasons other than destuctlon of the Structure this Lease shall terminate and end as to the Aerial Leased Prem- ises, but shall continue Tn full force and effect as to the Sub- surface Leased Premises Section 4.12 • Removal of Structure. Within fortyHve (45) days ester the termination of the Lease with respect to the Aerial Leased remove the Lessee e t its own failure e, rder�ddlless of Lauor's removal or 90 give any retia, other Han a no - Hca of termination that may be required by other provisions of mfs Lease. It Lessee falls to re- move the Structure in accor- dance with this section, then Lessor may remove the Struc- ture and require Lessee to pay the expense of removal within thirty (301 days therefrom. ARTICLE V THE SUBSURFACE LEASED PREMISES Section 5.01 - Construction of Waterlines in Subsurface sad Premises. Lessor here- by grants Lessee the right to use the Subsurface Leased Prem- ises for, but only for the con- struction, maintenance, Instal. cation, repair, replacement and removal within the Subsurface Leased Premises of two si inch pipelines (nerelnaffer re- fired. to as "Waterlines”) and one elecrical line Leaaae's"bo- tens in attuti4MsMng the pur- poses listed in the preceding sentence and Its use of **sur- face of Wafer Street in con- nection therewhl shall comply with applickbie ordinances the City of Corpus -Christi -lube a 00110,- . The Wa'Iines Mall be • for , )tie' _transmission d chMNd Lessee's 's air coffee - (ening dg will be lo- cated on the (fait and West ides of the Subsuface Leased Premises, respec (ely. - Section 5.03 ? Maintenance. Leiaee shall safety maintain said Waterlines. o d regulate the'(vs/ intrad sa+Jglat the Wa- teriipee Sr the use,"'{pared weft not be • Warder danger to the k using t « ,an% said ater,9nas. Section 5.04 - Daeku flon of Waterlines. in the @tient the Watar*sI. shall- be. airy res Les reft, lye (12• e free uyof such 60511 on conaNne+ce- recon- strucpol and (!after carry ft to completlsn•-w10tl due dili- gence, this Lease shall termi- nate and end as to the Sub- surface Leased Premises as of the end of said twelvemonth pe- riod or the cessation of recon- struction with due diligence, whichever last occurs. This Lease, however, shall continue In full force and effect as to the Aerial Leased Premises. Section 5.05 • Discontinuance of Use of Waterlines. In the event Lessee shall discontinue use of the Waterlines for the Purposes herelnbefore de- scribed for a period of twelve (12) consecutive months for reasons other than destruction of the Waterlines, this Lease shall terminate and end as to the Subsurface Leased Prem- ises, but Mali continue in full force and effect as to the Aerial Leased Premises. Section 5.06 - Relocation of Waterline. It Is recognized that the Waterlines are essential t0 the operation of the two office towers and bank building of Lessee wench will be on the Past side of Water Street Lessee Wets to relocate the Water- lines H nece6sary for future con- Shvction of utilities or Monti sewers by Lessor or H neces- sary because of a change in street grade or patterns; pro- vided, however, that H Lessor may accomplish its purpose by a design which does not require relocation of the Waterlines which 15 more expensive n the design which would re - ire such relocation, Lessee Y, instead of refocattng the aterlines, pay Lessor the dded cost of accomplishing tis by the more expensive design. ARTICLE VI INSURANCE AND INDEMNITY Section 6.01 • Insurance and Indemnity Lace shall main - in and keep in force during the tem of this Lease legally bind- er policies ne insurance _ claims arising out of the'con- struction, existence, use, 0955" .4900, maintenance, alteration, repair or removal of the Struc- ture or the Waterlines, and Les- see shall cause current certifi- cates of such insurance to be filed In the office of Lessor's City Secretary. Such policies of Insurance shall be issued by a comspany or companies of sound and adequate Rnancal respon- slbllNy titter authorised M do business In the State of Texas or amendable 10 service of vallo process therein. Such insurance shall bed the following type and, subject to Section 6.02 of this Lease, In the following min- imum amounts. 1. Comprehensive General Public Liability Insurance: Bodlty Injury.. 51,000,000.00 per person; 51,000,000.00 per oc- currence rcurrence - Pr'operty Damage:".. 61,000,000.00 per occurrence 2. Workmen's Compensation and Employes Liability Insur- ance In MI- neb Cwe1os Ali surance laws of the Seale Texas, PUBLISHER'S AFFIDAVIT } STATE OF TEXAS, tss: County of Nueces. ) • Before me, the undersigned, a Notary Public, this day personally came Elms Rodela , who being first duly sworn, according to law, says that he is the Accounting Clerk of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State. and that the publication of fAnfORDIANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE CORPUS CHRISTI NATIONAL... of which the annexed is a true copy, was published in Corpus Christi Caller -Times on the._19-_ day of November 1979 , and once each milazaraeopsic consecutive - -- Times. $40320 Elms Rodela Accounting Clerk Subscribed and sworn to before me this 21 v day of November 19- . Lois Winnl/LJye-yt,t.,-% Notary Public, Nueces County, Texas 7 t ``'pm AN QP.PINANCE AUTI•i0K1:.ING THE CITY MANAGER TO 9XECUTE A LEASE WITH THE CORPUS CHRISTI NATIONAL BANK, IN ACCORDANCE WITH AR- TICLE IX, SECTION 29 OF THE CITY CHARTER, FOR THE LEASING OF CERTAIN AERIAL AND;SUBSURFACE PREMISES, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHLCH.-IS_AT TACHED HERETO AND MADE A PART HEREOF. • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: _ SECTION 1 That the City Manager be authorized to lease with the Corpus Christi National Bank in accordance with Ar- ticle IX, Section 29 of the City Charter, for the leasing of cer- tain aerial and subsurface premises, all es more fully set forth in the lease, a substantial copy of which is attached hereto and made a part hereof, LEASE 1HE STATE OF TEXAS COUNTY etF-NUECES This Lease Is executed by and between ICI OF CORPUS CHRISTI, (hereinafter called "Leekssor"), and CORPUS CHRISTI t4ATIONAL BANK, a national banking association lo- cated in Corpus Christi, Texas, — acting by and through its duly authorized officers (hereinafter called "Lessee"), for the consid- eration and upon the aggree- men% hereinafter set forth ARTICLE I DEMISE OF LEASED PREMISES For and in consideration of the rents to be paid by Lessee and the aggreements herein set forth, Lessor hereby leases to Lessee add Lessee hereby leases from Lessor, for the term hereinafter set forth the prem- ises remises more particularly de- scribed in Exhibit A attached hereto (hreinafter called "Ae- rial Leased Premises") and the Premises more-partrcularly de: scribed Tn Eoldblt B attached hereto (hereinafter called "Sub -1 surface Leased Promises"1,, Provided, however, that ,1 ,e Subsurface Leased Premises stall include only that part of the oranges desaibed in Ex- Mbit B that lies beneath the sur- face and that is reasonably nec- essary for the placement of the Waterlines described in Article V of this Lease The Aerial Leased Premises and the Si -X./ - surface Leased Premises shall hereinafter be collectively re- ferred to as the "Leased Prem- ises." remises." This Lease is made pur- suant to the authority granted in, and in accordance with the Provisions of, Article IX, Section 29 of the Corpus Chrlstl City Charter NOTICE: PORTIONS OF THIS LEASE ARE SUBJECT TO ARBITRATIN UNDER THE - TEXAS GENERAL ARBI- TRATION ACT, TEX REV. CIV STAT. ANN., ARTICLE 224, ET. SEQ. (VERNON 1973) ARTICLE II LEASE TERM Section 2.01 - Length. This Lease shall be for a term of six- ty (60) years beginning -, 1979 and ending at midnight on -, 2039, subject, however, to earl -r • er termination as hereinafter provided. Section 2,02- Holding Over by Lessee In the event Lessee re- mains in possession of the Leased Premises ager the expf- ration of this Lease, it shall be deemed to be occupying said premises as a tenant at suffer- ence and any holding -- con0t4ut _o. -n ssor's option, a month-to-month lease subject to all of the aggreemeots, cov- enants and obligations of this Lease insofar as same are ap- plicable to a month-to-month te- nancy. ARTICLE III RENT Section 3 01 - Rental for Aerial • Leased Premises. As rental for the Aerial Leased Premises, Lessee agrees to DWYLessorthe total sum 01 Eleven Thousand Five Hured TWemy and No/100 Dollars (S11,591.00), as rental for the full term which rental sbe pall be Les0ee to Loris._ sof-upoe axtgjJpn of th)s_- Leahallse. Section 302 - Rental for Sub- surface Leased Preib mses. As rental for the Subsurface Leased Premises, Lessee agrees to pay Lessor the total sum of Three Hundred F'rfty- Nine and 60/100 Dollars (5359.60) as rental for the full term which rental shall be paid by Lessee to Lessor upon execu- tioneiihTs-Lease.— — ScctMona• Rent 1401 Wrt dable- port3,03 0f the rentalRepaid by,%Lessee shall be refunded In the event that this 1-e850 10 ter- mNated prior to its full term, ARTICLE IV e THEAERIAL LEASED - PRf=MMISES Section 401 • Use of Aerial Leased Premises. Lessor here- by grants Lessee the right to use the Aerial Leased Premises! or, but only for, the construction, installation, maintenance, re- pair, removal and replacement within the Aerial Leased Prem- ises of an enclosed strUcture (hereinafter referred to as "Structure"t, which Structure will connect the banking facil- ities and the parking facilities to be constructed by Lessee on the East and West sides of the Ae• nal Leased Premises. Lessee's actions in accomplishing the foregoing shall comply With ap- plicable ordinances 06 the CPT of Corpus Christi, A detailed al, thttectural plan of the Structure — together with a drawing of the tructure's el9terlar is atfacb.4 - hereto as Exhibit C. Lessee shall make', no substantial change In thfarclteciural pian or the exterior appearance of the Structu(r6, as they appear in Exhibit C, Without Lessor's con- sent Section 4 02 - Use of Surround- ing Premises Lessor hereby grants Lessee the right to use so much of the premises below, above, and_adiacent to the Ae- Nalvial Leased Premises (here- inafter referred to as "Sur - Premises") as maybe reasonably necessary to con- struct ,.stall, repair, remove, and replace the Structure, pro- vided, however, that Lessee' use of the Surrounding Prem- ises remises shall comply with appli- cable ordinances of the City Corpus Christi, Section 4.03- Use of Structure. The Structure shall be used for the movement of pedestrians and goods between Lessee's banking and parking /ac0itt adlac001 to the Aerial Leased Premises, for the containme of electrical power lines, and for _ such other purposes as are co sistent with the design and pia of the Structure; provided, how- ever, that the Structure shall not be used for storage or occu- pancy. Section 404 • Maintenance, Les- see shall safely maintain said Structure and regulate tile user and occupancy thereof so the the Structure or the use thereof will not be a hazard or danger te the person or property of the • public using the street below, said Structure, t Section 4,05 - Minimum Ete-t vation of Structure Leiser agrees that no part of the Strad Lure shall be lower than sixteen and one-half Leet (16.5'1 above the crown of Water Street below the Structure, said elevation lc be determined as of the date this Lease 0 executed and not be affected by subsequent changes in the elevation of the crown of Water Street Section 4,06 • Lighting of tructure- Lessee shall install and maintain lighting on and ued.rneethlthe Structure if Les- sor determines such lighting to be necessary to eliminate any significant, nighttime Shadow areas caused by the Structure's Interfereete with surrounding street lighting:- Section ightingrSection 407 - Removal of Fa. ditties, Lessee shall upon de- mand by the Lessor, pay such charges as may be incurred by the Lessor for the removal of, any facilities, utilities or struc- tures between the street lino( and underneath the Structure which are made necessary by reason of the construction of the Structure. Section 406 - Signs Lessee shall not maintain or allow any sign on or within the Structure in such a manner that the sign is visible from the outside of the .._a— Structure, except for such sg')-its Mat may be required by law. Section 409 - Destruction of the Structure In the event the Structure shall be'totally of par- tially destroyed by Bre, hurt!. cane or other storm,- explosion or any other casualty, and Lessee does not within twely e• such destruction commence re- construction and thereafter car- ry it to completion with due dili- gence, this Lease shall terminate and end as to the Ae- rail Leased -Premises as of the end of said twelve (12) month period 00 the cessation of recon- struction with due diligence, whichever last occurs. This Lease, however, shall continue in full force and effect as to the Subsurface Leased Premises. Section 4.10- Entry by Lessor. Lessor, by its officers, agents or employees, may at all reason- able times enter upon the Aerial Leased Premises to view the condition of the Structure. Sectrom4:11-- Discontinua of Use of Structure. In the evert Lessee shall discontinue use of the Structure fof the purposet hereinbefore described for a pe- riod of (v eive (12) consecutive months for reasons phi er_ destuctlan of the Structure, this Lease shall terminate and er)d as to the Aerial Leased Pregf, ises, but shall continue in ful' force and effect as to the Suit surface Leased Premises. Section 4.12 - Removal of Structure, Within forty-five (45) days afer the termination of the Lease'Wiltirespetto the Aerial Leased Premises, Lessee shall remove the Structure at its own expense, regardless of Lessor's failure to demand removal or to give tiny notice, ohxrthan a no - tire oLtefrniffation that ma_y be required by other provisions of this Lease If Lessee fails to re- move the Structure in accor- dance with this section, then Lessor may remove the Strue- requTn -afire to pay the expense of removal within thirty (30) days t erafrom. ARTICLE V THE SUBSURFACE LEASED PREMISES Section SALtonstructon of Waterlines in Subsurface Leased Premiss. Lessor here by grants Lessee the right to use( the Subsurface Leased Prem- ises for, but only for the con- sM-kttolV' 0 alntanancl, lhsta 22 lotion, repair, replacement aad:f removal within the Subsurface, Lased Premiss of two sixteen - inch pipe*Ms (hereinafter re, torrid o as "Waterlines") and qn cLlcal �Ine Lewe'S_ere Sons In accomplishing the pup poses fisted in the preceding sentence and its use of the sur face of Water Street in con -u13 nection therewith shall comply with applicable ordinances of the City of Corpus Christi. Section 502 - Use of Water- lines. The Waterlines shall be for the transmission of chilled water between Lessee's banking facilities and air Cloning unit which will 'be lo- cated on the East and West sides of the Subsurface Lased Premises, respectively, Section 503. Maintenance. Lessnie shall safely maintain said Waterlines—and regulate the use thereof so that the 10,1)ns or the use Hereof will not be a hazard or danger to the parsons or properly of the pub- lic ubIle _using the street above said Waterlines - Section 5.04 • Destruction of the Waterlines. f5 the event the Water er,es partially • ed for' any rea- son whatsogo ; and if Lessee does not within twelve (12) months from the date of such destruction commence recon- struction and thereafter carry d to completion with due 4)5 - genre, this Lease shall Termi- nate and end as to the Sub- surface Leased Premises as of the end 04 sald twelve month pe- riod or the cessation of teeoa- structron with due diligence, whichever last occurs. This_ Leaserti weveriha-lr )itmue in full force and effect as to the Aerial Leased Premises Section 505 - Discontinuance of Use of Waterlines. In the event Lessee shall discontinue une_o1Jin Waterlines _for the purposes hereinbefore de- scribed for a period of twelve (12) consecutive months fol? reasons other than destruction of the Waterlines, tths Lease shall terminate and end as to the Subsurface Leased Prem- ises, but shall continue In full force and effect as to the Aerial -Leased Premises,- ---_ Section 506 • Relocation of Waterlines. It Is recognized that the waterlines are essential to the operation of the two office towers and bank building Lessee which will be on the Ess side bf Water Street. Lessee agrees to relocate the Water- lines if necessary for future con- struction of utilities or storm sewers by Lessor or if neces- sary bereose et -a change in street grade or patterns, pro- vided, however, that if Less^, may accomplish if. purpose by a design which does not require the relocation of the Waterlines but which is more expensive than the design which would re- quire such relocation, Lessee may, instead of reloocaung the he Waterlines, pay accomplishingadded cost of by themore expens purpose ive design ARTICLE VI INSURANCE AND INDEMNITY Section 601 • Insurance and Indemnity. Lessee shall main- tain and keep In force during the term of this Lease legally bind- ing policies of insurance for claims arising out of the con- struction, existence, use, oper- ation, maintenance, atteratioe, repair or removal of the Struc- ture or the Waterlines, and Les• see shall cause current certifi- cates of Such insurance to he filed in the office of Lessors City Secretary Such policies of Insuranc! shall be issued by a company or companies ot sound and adequate financial respon1 s)billty ether authorized to do business In the State of Texas er amendable to service of valid process gxreln_ Such insurance shall be of Me following types and, subject to Section 6.02 of ilia Lease, In the following min- imum amounts. _ 1. Comprehensive Genera) Public Liability Insurance Bodily Injury.. 51,000,00000 per person, 51,004000.00 Per oc- currence Proper S1,000,000.03 per 'occurrence 2. Workmen's Compensation and Employers Liability Insbr- ante in the amounts end form required by the Workmen's Compensation Act and the in• humane laws of the State of Texas The Comprehensive General Public LiabilityInsurance shall incude the Cityj as a named in- sured The naming of the City as an additional insured m such Comprahenslve General Public Liability policies shall not there- by cause the City to be deemed a partner or joint venturer with Lessee in its businesses -orti connection with Its construction of the Structure or the Water- lines Said policies of insurance shall be performable In Nueces County, Texas, and shall be con- strued in accordance with to laws of the State of Texas. Fur- thermore, said policies of insur- ance shall not be subject to can- cellation by insurers except after delivery of written notice by registered mail 10 Lessor's City Secretary at least fifteen (15) days prior to the effective date of such cancellation, alt& Lessee shall, prior to the effpc- dale -of such -canceller provide Lessor with substitute certificates of insurance. Section 6.02- RenegMwton of Insurance Amounts Five (5)t years from file date flits isexecute,. and at B_ J (5) - _ -rim-snuff mar initiate renego- tiation of the amounts of the ire surance required by Section 61..11...\ of this Lease by notifying other -party, within one month after the beginning of the new flve (5) year period, of Its desire to do so In renegotiating the In- surance amounts, the parties shall seek to agree on amounts which are commercially rea- sonable inlight of af'the cir- cumstances, including changes In the cost of living and changes In the tort claims experience of businesses and governmental entities generally. if the parties are unable o agree on the insur- ance amounts within two (2) months after the beginning of the new five (5) year period, any areas of disagreement shall be settled by binding arbi- tration, rbrtration, the arbltratoro be cho- sen in accordance with the rules of the American Arbitration As- sociation. , Section 603 • Indemnity. Les- see shall Indemnify and hood. Lessor free and harmless trorn any and all losses, damags, claims or causes of action carred by or asserted against. Lessor for personal injuries, or death, or property damage aris- ing-out-ofthe construction, ex - (51100e, use, operallon, mainte nance, alteration, repair or removal of the Structure or the Waterlines. ARTICLE VII DEFAULT Section -701 - Lessor's Rem- edy for Default. In the event default shall be made at any time by Lessee in payment of rent, or if default shall be )rade cn any of the other terms and onditions to be kept observed and performed by Leisee, and .s any such default shill continue for thirty (33) days char written notice thereof by registered or certified mail to Lessee frons Lessor, then Lessor may at erg time thereafter, prior to the cUr- 1 L_ 1� Ing ol sod .default declaro the m of this Lease ended -and terinlruted by giving Lessee writte0.mttce of such - termination. Section 7.02 - Waiver of Rights. The failure of Lessor or Lessee to insist on strict p0! formance of any of the term' covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy that Lessor or Lessee may - have, andzha8 hate deemed a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter or a wee- verwee- verof any remedy for the sub- sequent breach or default of any. ren, covenant or condition of the Leese. ARTICLE VIII Ou5 LESS9R, CITY OF CORPUS CHRISTI, TEXAS LESSEE CORPUS CHRISTI NATIONAL BANk By; - EXHIBIT'4, THE AERIAL - LEASED PREMISES The airspace above the fol- _ owing described -parcel of Nod between the following described - horizontal Planes, to- PARCEL A parcel of land out of Water Stret in Corpus Chkstl, Texas, between Block 4 and- Water Block 5 as revised, Beach Pon tion of the City of Corpus Christi, Nueces County, Te,4d , according to map or plat era - corded in Volume 15, Page 30,E Map Records of Nueces Count ' Texas, and more particularly' described as follows, to,wft. COMMENCING at the South-. west corner of said Water Bloc ,si ENCS In a Northerly,df- rection with the Wesrboundary line of said Water Block 5 a dis- tance of 166.45 feet to a point on said boundary Hoe for the POINT OF BEGINNING of the hxetn deScrlbed.parcel; THENCE in a Northerly di- rection with the West bounds line of said Water B1oct5 a dk- ande of 30.00 fed to a point en said boundary line for the Northeast corner of said parcel; THENCE Ina Westerly direc- tion irao-tion across Water Street a dist fence of 80.00 feet, more q lesser - 7o a point.on the East boundary IIne of said Block 4, which point Is 189.45 feet North of the Soutar. east corner of said Block 4, for, the Northwest corner gsgsaid a, parcel; THENCE to a Southerly Cit rection with the East boundary, line of said Block 4 a distance of 3000 fed to a point on sald boundary line .for the Southwest corner of said parcel; THENCE In a Easterly direr- 7100 across Water Street a dis- tance of 10.00 fad, more or lash torte POINTOF BEGINNING. LOWER HORIZONTAL PLANE - A horizontal plane dravyn over said parcel, hereInbefore described, at an elevation 16,00 feet above the crown of Water Street below saidplane. UPPER HORIZONTAL PLANE A horizontal plane drawn describeddat an feet above the crown 01 Water on AGO set below saki plane.--- ' EXHIBIT B -- THE SUBSURFACE, LEASED PREMISES - A strip of land out of Wafer Street In Corpus Christi, Teals, between Block 4 and W1sar Block 5, as revised, Beach Por- tion of the City of Corpys Christi, Nugp9iCourdy,-Texes according to map or plat re corded to Volume 15, Page 30 - Map Records of Nueces County' Texas, and more particulait described as follows, to -wit: COMMENCING at the Sod* Section 801 - Limitation of Leasehold. Lessor does not war- rant its title t0 the Leased Premises and does not guaran- tee Lessee's quiet possession of - them. This Lease an the rights rand priviledges7rantedLessee In and to the Leased Premises are subject to all covenants, conditions, restrictions and eX- captions of record or apparent. Nothing contained in this Lease shall 6e contrued hi liAPly conveyance to Lessee of rights in the Leased Premises that 'ex- ceed those owned by Lessor. Section 8.02 - Notices. All no- tices required hereunder shhaallJI be deemed properly servlet when deposited in the United States Mail In a prepaid wrap- per via registered or certified mall and addressed as folio* To Lessor at. - Chyof-Corpus C rf 71 'r— Post Off ice Box 9277 Corpus Christi, Texas 78400 To Lessee at; Corpus Christi National Bank Post Office Box 301 Corpus Christi, Texas 78400 unless notice of change of ad- dress is properly given in writ- ing,. in accord with -the pr skim 07 this section, Notices send to Lessor shall be ad- dressed to the attention of its City Manager unless some Oh - sr provision of this Lease re quires a particular notice 70 be sent to a different specified Ciy- officer, in which case the notice shall be addressed to the atten- tion of that officer Section 8.03 - Binding Agree- ment greement It is further mutually u derstood and agreed that, e covenants 0714 agreements con- tained in the Lease, to be per- formed by the respective nen toes, shall be binding on the said parties, and their respective SuccessorsaSsgrm. Section 804 - Other City Ordi- nances. This Lease and the ordi- nance under which if is exe- cuted shall not operate to repeal, rescind, modify or amend any nrditp ones or rano- —lulions of the City of Corpus Christi relating to the use oared.; i slruCtion of streets, the granlaig" of permits and any regulation, relating to the preservationI .o{K' order and movement of tat*, or any other ordinances, resolo- 740,0, or regulations not spe9ifi. rally set forth In the ordinance of which this Lease is a part. Executed this -day of - , 1979. 'westcor said yyater Blecpi 5; THENCE in n Northerly d(. `rection with the West boundary line of said Water Block 5 a dis- Lance of 44,00 feet to a point on said boundary line for the POINT OF BEGINNING of Hie herein described strip, THENCE In a Northerly di- rection with the West boundary line of said Water Block 5 a dis- tance of 7.00 feet to a point on said boundary line for the Northeast corner of said strip; THENCE in a Westerly direc- tion across Water Street a dis- tance of approximately Bobo_ feet to a point -on- the Eas boundary -cine of said Block 4, which point Is 41.50 het North M the corner of said B Southeast te Northwest cr ner of said ship, , THENCE Ina Southerhhdi, r' rection with the East boundary lee of said Block 4 a distance of 700 feet to, a poled on said boundary line for the Sout iw, st corner of said strip, THENCE r an E di- rection across Water � a distance of approx tifl feet to the POI T OF BBGyN- NING PUBLISHER'S AFFIDAVIT STATE OF TEXAS, las. County of Nueces. ) Before me, the undersigned, a Notary Public, this day personally came ELMA RODELA Accounting Clerk who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE 15266 Notice is hereby given that the City Council of which the annexed is a true copy, was published in _._Corpus Christi Caller -Times. on the._2th day of January consecutive._ 1 1980 ., and once each Times. gigiateiXfta x 607.53 Elma Rodela Accounting Cle Subscribed and sworn to before me this 9th _ day of January Lois Winn Notary l ubhc, Nueces County, Texas -J- _ 6..r 19 80 mirrCCE'VrI1 MISCELLANEOUS PROVISIONS Section 8.01 - Limitation of orreotd Its title to the 4eased Premises and does iot guarantee Lessee's quiet ossession of them. This ease an the rights and rivlledges granted Lessee in and to the Leased Prem- ises are subject to all cov- enants, conditions, restric- tions and exceptions of record or apparent. Nothing contained in this Lease shah be construed to Imply the conveyance to Lessee of rights In the Leased Prem- ises that exceed those owned by Lessor. Section 8,02 • Notices. All notices required hereunder shall be deemed properly served when deposited in the United States Mail in a pre- paid wrapper via registered or certified mall and ad- dressed as follows: To Lessor at: City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78408 To Lessee at: Corpus Christi Na Rona Bank Post Office Box 301 Corpus Christi, Texas 78403 unless notice of change of ad- dress Is properly given In writing In accord with the provisions of this section. Notices sent to Lessor shall be addressed to the attention of its City Manager unless some other provision of this Lease requires a particular notice to be sent to a differ- ent specified City officer, in hich case the notice shall be addressed to the attention f that officer. Section 8.03 - Binding Agreement. It Is further mu- uatly understood and agreed that the covenants nd agreements contained in he Lease, to be performed y the respective parties, hall be binding on the said artles, and their respective uccessors assigns. Section 8.04 • Other City rdinances. This Lease and he ordinance under which It is executed shall not operate to repeal, rescind, modify or amend any ordinances or resolutions of the City of Cor- pus Christi relating to the use of obstruction of streets, the granting of permits and any regulations relating to the preservation of order and movement of traffic, or any Other ordinances, resolutions or regulations not specifical- ly set forth in the ordinance of which this Lease is a part. Executed this 3rd day of March, 1990. LESSOR: CITY OF CORPUS CHRISTI, TEXAS g ._ LESSEE: CORPUS CHRISTI NATIONAL BANK EXHIBIT A THE AERIAL LEASED PREMISES _ The airspace above the fol- lowing described parcel of de'sctibe"'d'fiu7r=ofiiii re nie to•wit: + PARCEL A parcel of land out of Wa- ter Stret In Corpus Chirstl, Texas, between Block 4 and Water Block 5, as revised, Beach Portion of the City of Corpus Christi, Nueces County, Texas, according to map or plat recorded in Vol- ume 15, Page 30, Map Re- cords of Nueces County, Texas, and more partic- ularly described as follows, to -wit: COMMENCING at the Southwest corner of said Wa- ter Block 5; THENCE In a Northerly direction with the West boundary line of said Water Block 5 a distance of 166.45 feet to a point on said bound; ary line for the POINT OF BEGINNNING of the herein described parcel; THENCE In a Northerly direction with the West boundary line of said Water Block 5 a distance of 30.00 feet to a point on said bound- ary line tor the Northeast corner of said parcel; THENCE In a Westerly di- rection across Water Street a distance of 80.00 feet, more or less, to a point on the East boundary line of sald Block 4, which point Is 189.45 feet North osaid the 4a for the Northwest corner of said parcel; THENCE in a Southerly dl rection with the East bound ary line of said Block 4 a dis lance of 30.00 feet to a poln on said boundary line for the Southwest corner of said par cel; THENCE In a Easterly di- rection across Water Street a distance of 80.00 feet, more or less, to the POINT OF BE- GINNING. LOWER HORIZONTAL PLANE A horizontal plane drawn over said parcel, here inbefore described, at an ele- vation 16,00 feet above th crown of Water Street below said plane. UPPER HORIZONTAL PLANE A horizontal plane drawn over said parcel, here- inbefore described, at an ele- vation 40.00 feet above the crown of Water Street below said plane EXHIBIT B THE SUBSURFACE LEASED PREMISES A strip of land out of Water Street In Corpus Christi, Texas, between Block 4 and Water Block 5, as revised, Beach Portion of the City of Corpus Christi, Nueces County, Texas, according to map or plat recorded in Vol- ume -15r Page- 30; Map- Re- —j cords of Nueces County, I Texas, and more partic- ularly descrIbed as follows, g_sv11., MMENCING-at the Southwest corner of said Wa- ter Block 5; THENCE In a Northerly direction with the West boundary line of said Water Block 5 a distance of 44.00 Dreeyt Kra -point on saidaline for 0 rdL BEGINNINGthe of the herein ro1NF described strip; THENCE In a Northerly direction with the West boundary line of said Water Block S a distance of 7.00 feet to a point on said boundary line for the Northeast corner Of said strip;_-- n THpNCE Ina Westeily di- rection acroos Water Street a distance et .approximately 80.00 feat to a point on the East barrdary Doe of_sai4 'Block 4, which 0688¢ is 41.50 feet North of the Seutljeast corner of said Mock d, for the Northlvest corner of said strip;1 -.--� THENCE lo.a$outttierly di- rection.with the East bound- ary line of said Block 4 a dis- tance of 7.00 feet toe point on said bougdary line for the Southwest corner of said strip; THENCE in an Easterly direction across Water Street a'dlstancisof approx imately 1.00 feat to the ePOINT OF BEGINNING. 4:12 •emR ova o{ Structure. Within fortyflvive (45) days afar -the "termi- nation of the Lease with re- spect to the Aerial Leased Premises, Lessee shall re- move the Structure at its own expense, regardless of, Lessor's failure to demand removal or to give any n000.( tice, other than a notice of termination that may be re- quired by other provisions of this Lease. If Lessee fails to remove the Structure In ac- cordance with thls section, then Lessor may remove the Structure and require Lessee to pay the expense of remov- al within thirty (30) day therefrom.T a'SUBSURFACE LEASED PREMISES Section 5.01 - Construction of Waterlines In Subsurface Leased Premises. Lessor hereby grants Lessee the right to use the Subsurface Leased Premises for, bu only for the construction, maintenance, Installation, repair, replacement and re- moval within the Subsurface Leased Premises of two six - teen•Inch pipelines (here= 'natter referred to as "Wa terlines") and one elecrical line. Lessee's actions In ac complishing the purposes listed in the preceding lens ce and Its use of the sur face of Water Street In con• nection therewith shall, comply with applicable ordlj nances of the City of Corpus Christi. Section 5.02- Use of Water- lines. The Waterlines shall be used for the transmission of chilled water between Les- see's banking facilities and air conditioning unit which will be located on the East and West sides of the Sub- surface Leased Premises, respectively. Section 5.03 -Maintenance. Lessee shall safely maintain said Waterlines and regulate the use thereof so that the Waterlines or the use thereof will not be a hazard or dan- ger to the persons or proper- ly of the public using the street above said Waterlines, Section 5.04 - Destruction of the Waterlines. In the event the Waterlines shall be totally or partially destroyed for any reason whatsoever, and if,LesseeZczes not within twelve (12) months fr',om the ate 'pf such destrjuction commence recostquction and tp areafler carry It to completion with due 6111 Bence, this Lease shall ter minafe and end as to the Sub- surface Leased Premises a of rthe end of sold—twelve month period or-"the-cessa tion of reconstruction with due diligence, whichever las occurs. This Lease, however shall continue In fun force and effect as to the Aerial Leased Premises continuance of Use of, Water- lines. In the event Lessee shall discontinue use of the Waterllnes-Sor the purposes periodbofortwelveerl(11e2)) Econ secutive months for reasons other than destruction of the Waterlines, this Lease shall terminate and end as to the Subsurface Leased Prem - Best but shall continue in full force and effect as 10 the Ae- rial Leased Premises. Section 5.06 - Relocation of Waterlines. It is recognized that the Waterlines are es- sential to the operation of the two office towers and bank 001161no of Lessee which will be on the East side of Water Street. Lessee agrees to relo- cate the Waterlines if neces- sary for future construction of utilities or storm sewers by Lessor or If necessary be- cause of a change in street grade or patterns; provided, however, that if Lessor may .15 ant its purpose by a quire the relocation of the Waterlines but which Is more expensive than the design which would require such re- location, Lessee may, in- stead of relocating the Wa- terlines, pay Lessor the added cost of accomplishing its purpose by the more ex- penslveARTICLE VI INSURANCE AND INDEMNITY Section 6.01 - Insurance and Indemnity. Lessee shall maintain and keep in force during the term of this Lease legally binding policies of In- surance for claims arising out of the construction, exist- ence, use, operation, mainte- nance, alteration, repair or removal of the Structure or he Waterlines, and Lessee hail cause current certifl- ates of such Insurance to be, iled In the office of Lessor's sty Secretary. Such policies f insurance shall be Issued y a company or companies f sound and adequate finan- lel responsibility either au- horized to do business In the tate of Texas or amendable o service of valid process therein. Such insurance shall be of the following types and, subject to Section 6,02 of this Lease, In the following min- imum amounts: 1. Comprehensive General Public Liability Insurance: Bodily Injury... 31,000,000.00 per person; 51,000,000.00 per occurrence Property Damage.. $1,000,000.00 per occurrence 2. Workmen's Com- pensation and Employers Li- ability Insurance In the amounts and form required y the Workmen's Com- pensation Act and the Insur- ance laws of the State of Texas. The Comprehensive Gen- eral Public Liability Insur- ance shall incude the City as a named insured. The nam - ng of the City as an addition- al Insured In such Com- prehensive General Public Liability policies shall not hereby cause the City to be deemed a partner or Kant venturer with Lessee in Its businesses or in connection with its tonstructlari of the ructure or the Waterlines. Said policies of Insurance shall be pertormable in Nueces County, Texas, and shall be construed In accor- laws of the AIImore, atsaid policies of Insur- ance shall not be sableut to - nceliatlon by Insurers ex- cept atter delivery of written notice by registered mall of Lessor's CitySecretary least fifteen (15) days prior 10 the effective date of such cancellation, ,and Lessee shall, prior to the effective date of such cancellation, provide Lessor with sub- stitute certificates of Insur- ance. Section 602 • Renegotra- ion of Insurance Amounts. FhIsexecuted, its Lease yfrom ears dBand ls thereafter,) either parars ty Initiate renegotiation of the amounts of the Insurance re- quired by Section 6.01 of this Lease by notifying the other party, within one month ef- ter the beginning of the new five (5) year period, of Its de- sire to do so. In renegotiating the insurance amounts, the parties shall seek to agree op amts which are com- mercially reasonable In light of all the circumstances, in- cluding changes In the cost of living and changes In the tort claims experience of busi- nesses and governmental en- titles generally. If the par- ties are unable to agree on the Insurance ambunts with- in two (2) months alter the beginning of the new five (5) year perld, any areas of dis- agreement shall he seated bYbtratori0 be chosen In ac- cordance c cordance with the rules of the American Arbitration Association. Section 6.03 - Indemnity Lessee shall indemnify an hold Lessor free and harm damages any all cause of action gincurred by or as serted ainst essor to personal Injuries, or death, or out of the co st ucty tion, exise t ence, use, operation, mainte- nance, alteration, theStructureair o o the WatAeRTICLE VII DEFAULT Section 7.01 - Lessor's Remedy for Default. In the event default shall be made at any time by Lessee In pay- ment ayment of rent, or if default shall be made in any of the other terms and conditions to er formedebyLess 'bee, and any such default shall contlnu for thirty '(30) days atte written notice thereof by reg 'stared or certified mail to Lessee from Lessor, the Lessor maYat any y tim thereafter, prior cur Ing of such default by Les see, declare the term of thi Lease ended and terminate ice of such terminee al on. itten n Section 7.02 - Waiver of orRigLessee to inhts. The sist on stria performance of any Gond terms,_co nts, condi- ions' aLease waiver of not deany 1ghtior remedy that, Lessor -r Lessee may have, and hall r'ot be deemed a waiver • the right o rascals perforlmance 0�ndlcaidi terms, covenants thereafter tions of the Lease ora waiver of any remedy for the subsequent brMch or default of any term, , C05 enant or cond lt Lease. { NOTICE OF PASSAGE OF -ORDINANCE 15264 Notice Is hereby given tha. the City Council of the City • Corpus Christi fres approved on third reading on the 2nd day of January, 1980, pre- viously approved on first and second readings on Novem- ber 14, 1979 and November 21, 1979, respectively, the fol- lowing ordinance: (Exhibit "C" referred to below Is available to the public In the Office of the City Secretary.) W)TNEV my hand this 3rd day of January, 1980. 1929-4.111 9/} Bi11 G. head, ity Secretary Corpus Christ Texa AN ORDINANCE AUTHORIZING TH CITY MANAGER TO EXE CUTE A LEASE WITH TH CORPUS CHRISTI NA TIONAL BANK, IN ACCOR DANCE WITH ARTICL IX, SECTION 29 OF THE CITY CHARTER, FOR THE LEASING OF CERTAIN AERIAL AND SUB- SURFACE PREMISES, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to lease with the Corpus Christi National Bank, in accor- dance with Article IX, Sec- tion 29 of the City Charter, for the leasing of certain ae rtal and subsurface prem Nei, all as more fully se forth in the lease, a su stantial copy of which Is at tached hereto and made part hereof. • LEASE THE STATE OF TEXAS COUNTY OF NUECES This Lease Is executed b and between the CITY 0 CORPUS CHRISTI, TEXA (hereinafter called "Les ser"), and CORPU CHRISTI NATIONA BANK, a national bankln. association located in Corpu Christi, Texas, acting by an through_(ts duly authorize officers (hereinafter call lessee"), for the consid eralion and upon theaggr ments h 1 z set forth, • • • A'RTIC DEMISE OF LEASED PREMISES For and In consideration the rents to be paid by Les see and the aggreement herein set forth, Lessor her by leases to Lessee and Les see hereby leases from Les sor, for the term hereinafte set forth the premises more particularly described in Ex- hibit A attached hereto (hrei- nafter called "Aerial Leased Premises") and the prem- ises more particularly de- scribed in Exhibit B at- tached hereto (hereinafter called "Subsurface Leased Premises"); provided, how- ever, that the Subsurface Leased Premises shall In- clude only that part of the premises described in Ex- hibit B that Iles beneath the surface and that is reason- ably necessary for the place- ment of the Waterlines de- scribed In Article, s[ os 501, Lease. The Atrial Lease Premises and the Sub- surface Leased Premises shall hereinafter be collec- tively referred to as the "Leased Premises." This Lease Is made pursuant to the authority granted in, and ' in accordance with the provi- sions of, Article IX, Section 29 of the Corpus Christi City Charter: NOTICE: PORTIONS OF THIS LEASE ARE SUB- JECT TOARBITRATIN UN- DER THE TEXAS GENER- AL,ARBITRATION ACT, TEX. REV. CIV STAT. ANN., ARTICLE 224, ET. SEQ. (VERNON 19731. "A" --ARTICLE 11 LEASE TERM Section 2,01 - Length. This Lease shall be for a term of sixty (60) years beginning March 3, 1910 and ending of subject, however,ch to ear0114e, termination as hereinafter provided - Section 2.02 - Holding Over by Lessee. In the event Les see remains In possession o the Leased Premises afte the expiration of this Lease, It shall be deemed to be cupying said premises ak tenant at sutference and in holding over shall constitute; at Lessor's option, a month to -month lease subject to all of the aggreements, cod 0000)6 and obligations of thi Lease Insofar as same art apdpli�cabl to a month -to TfCCEnt RENT Section 3.01 - Rental for Aerial Leased Premises -As rental for the Aerial Leased Premises, Lessee agrees to pay Lessor the total sum of Eleven Thousand Five Hured Twenty and No/100 Dollars ($11,520.00(, as rent- al for the full term, which rental shall be paid by Les• see to Lessor upon execution of this Lease. Section 3.02 - Rental for Subsurface Leased Prem- ises. As rental for the Sub- surface Leased Premises, Lessee agrees to pay Lessor the total sum of Three Hun- dred FiftyNlne and 60/100 Dollars (6359.60) as rental for the Lull term, which rent- al shall be paid by Lessee to Lessor upon execution of this Lease. Section 3.03 • Rent Not Re- fundable. No part of the rent- al paid by Lessee shall be re. funded in the event that this Lease Is terminated prior to Its full term. ARTICLE IV THE ERIALESASED PREMISection 4.01 - Use of Aerial Leased Premises. Lessor hereby grants Lessee the right to use the Aerial Leased Premises for, but only for, the construction, in- stallation, maintenance, roval and the reri Aerial al Leased Premises of an en- closed structure (hereinafter referred to as "Structure"), which Structure will connect the banking facilities and the parking facilities to be con- structed by Lessee on the East and West sides of the Aerial Leased Premises. Lessee's actions In accom- plishing the foregoing shall comply with applicable ordi- nances of the City of Corpus Christi! A detailed archi- tectural plan of the structure together with a drawing of tae 5tr han`etti riezrzirtziyi bit t Lessee shall make do sub 5(8511al change In the archi 10015 al plan or the exterlo appearance ofdhe-Structure, as they appear In Exhibit C, without Lessor's consent. Section 4.02 - Use of Sur rounding Premises. Lesso hereby grants Lessee the right to use so much of the premises below, above, and adjacent -to the Aerial Leased Premises (here- inafter referred to as "Sur- rounding Premises") as may be reasonably neces- sary to construct, Install, re- pair, remove, and replace the Structure; provided, however, that Lessee's use of the Surrounding P'remises shall comply with applicable ordinances of the City W Cor- pus Christi. Section 4.03 • Use of Struc- ture. The Structure shall be used for the movement of pe- destrians and goods between Lessee's banking and park- ing facilities adjacent to the Aerial Leased Premises, for the containment of electrical power lines, and for such oth- er purposes asare consistent with the design and plan of the Structure; provided, however, that the Structure shall not be used for storage Cu. ncy, Sectloe'4:U4 = Ma)ntenanc Lessee shall safely maintain said Structure and regulate the use and occupancy char of so that the Structure or the use thereof will not be a haz- ard or danger to the persons or property of the public us Ing the street below said Structure. Section 4.05 • Minimum Elevation of Structure. Les- see agrees that no part of the Structure shall be lower than sixteen and one-half feet (16 5') above the crown of Water Street below the Structure, said elevation to be determined as of the date this Lease is executed and not be affected by sub- sequent changes in the eleva- tion of the crown of Water Street. Section 4.06 • Lighting of Structure. Lessee shall in- stall and maintain lighting on and underneath the Struc- ture If Lessor determines such lighting to be necessary to eliminate any significant nighttime shadow areas caused by the Structure's in- terference with surrounding street lighting. Section 4.07 - Removal of Facilities. Lessee shall upon demand by the Lessor, pay such charges as may be in- curred by the Lessor for the removal of any facilities', utilities or structures be- tween the street fines and un- derneath the Structure which are made necessary by reason of the construction of the Structure. Section 4.08 - Signs. Lessee shall not maintain or allow any sign on or within the Structure In such a mannerj1 that the sign is visible from, the outside of the Structure, except for such signs that may be required by law. Section 4.09 - Destruction of the Structure. In the event the Structure shall be totally or partially destroyed by tire, hurricane or other storm, explosion or any oth- er casualty, and if Lessee does not within twelve (121 months from the date of such destruction commence re- nstrucnon arra tnereatte carry it to completion with due diligence, this Lease shall terminate and end as to the Aerall Leased Premises as of the end of said twelve (12) month period of the ces- sation of reconstruction with due diligence, whichever last occurs. This Lease, however, shall continue in full force and effect as to the Sub. surface Leased Premises. Section 4.10 • Entry by Les- sor. Lessor, by its officers, agents or employees, may at all reasonable times enter upon the Aerial Leased Premises to view the condi- tion of the Structure. Section 4.11 • Dis- continuance of Use of Struc- ture. In the event Lessee shall discontinue use of the Structure for the purpo hereinbefore described for a period of twelve (12) con- secutive months for reasons other than destuction of the Structure, this Lease shall terminate add end as to the Aerial Leased Premises, but shall continue in full force and effect as to the Sub- surface STATE OF TE`iAS, County of Nueces. JJ Elms Rodela PUBLISHER'S AFFIDAVIT - Before me, the undersigned, a Notary Public4his day personally came ., who being first duly sworn, according to law, says that he is the of the Corpus Christi aller and The Corpus Christi Times, Accounting Clerk _• iDaily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of-. • • . -: PUBLIC NOTICE :'Notice is heyreby given that the City ouncil of the City of Corpus Chri`sti{^'. M us Christi Caller -Times of which the annexed is a true cCorp copy, was published in on the-1?111_ day of.: _.NuvemhQx--•••._ 19_7.9 , and once each t A consecutive......_.. .._ ................ _..---•_..._..... ._ •,r Times. $_16.80 Elms Rodela- - Accounting Clerk— 19 79 Subscribed and sworn to before me this30th day of.November ._....._.. _.-_..._.- •Lois Winn / �t /44.-1(`-'' -- __ Notary Pu Conty, Texas J s- OTtCE Notice Is hereby, given tIS -$y Camdt of the-City of t Corpus Ctlrjsh- hgs. on the 7th Ila — day of N�ouncil`, 1979, approv- ed on first reading an ordinance authorizing the City Manager to execute a lease With the Corpus Christi Nai'lonal Bank, in actor- dance with Article IX, Section 29 of the City Charter, for the leasing of certain aerial and subsurface premises fora peri- od of 60 years. The fun text of • • said ordinance Is available. to the public In the Office of the City Secretary. , WITNESS my hand this Rh y of November, 1979. /s/Bill G. Read, City Secretary Corpus Christi,; Texas r F f'L