HomeMy WebLinkAboutC2020-452 - 11/10/2020 - Approved INTERLOCAL CONTRACT BETWEEN
DEL MAR COLLEGE DISTRICT AND CITY OF CORPUS CHRISTI
TO LEASE PROPERTY FOR CITY POLICE TRAINING ACADEMY
WHEREAS, in the spirit of cooperation, enhancing services, and maximizing tax
dollars, the Del Mar College District (College) and City of Corpus Christi (City) desire
City to locate the City's Police Training Academy on College property; and
WHEREAS, the City's Police Training Academy is a governmental function that
does not interfere with the property's use for College purposes and is consistent with and
complementary of the mission of College;
This Lease is hereby entered into between Del Mar College District ("College"), a Texas
Junior College District and Institution of Higher Education, and City of Corpus Christi
("City"), a Texas Home Rule Municipal Corporation.
ARTICLE 1. DEMISE OF LEASED PREMISES
In consideration of the mutual covenants and agreements of this lease, and other good
and valuable consideration, College demises and leases to City, and City leases from
College, the premises situated on Yorktown Blvd, in Corpus Christi, Nueces County,
Texas, legally described on Exhibit A attached to this lease, and made a part of this lease
for all purposes (collectively referred to as "the premises" or"the leased premises" in this
lease).
City is to have and to hold the premises, together with all rights, privileges, easements,
appurtenances, and immunities belonging to or in any way appertaining to them, including
but not limited to any easements, rights, title, and privileges of College, existing now or at
any time during the lease term, in, to, or under adjacent streets, sidewalks, alleys, party
walls, and property contiguous to the premises and reversions that may later accrue to
College as owner of the premises by reason of the closing of any street, sidewalk, or
alley.
ARTICLE 2. LEASE TERM
§2.01. Fixed Beginning, Termination Date and Consideration
For and in consideration of ten dollars ($10.00) a year, receipt of which is hereby
acknowledged, College hereby leases to City, for a term of 50 years, subject to the other
terms and conditions of this Agreement (Leased Premises as described Exhibit A,
attached hereto) together with the right of ingress and egress thereto, unless terminating
sooner as provided in this lease.
The Agreement's considerations to College and/or City include, but are not limited to:
-enhancement of safety and security on campus with the regular, conspicuous
presence of law enforcement;
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SCANNED
-fostering of "goodwill" between governmental entities, contributing to public
confidence;
-creation of potential educational partnerships between College and City;
-opening potential opportunity for College and City to utilize "shared space"
consistent with respective missions; and,
-maximizing use of public resources and improving delivery of services to the
public.
§2.02. Right to Extend
City may extend this lease for 50 additional years by giving College written notice of City's
intention to do so within the last two years before the lease term expires but no later than
six months before it expires, under all the terms of this lease.
§2.03. Termination
This lease will terminate without further notice when the term specified in §2.01 expires,
and any holding over by City after that term expires, other than as provided in §2.02, will
not constitute a renewal of the lease or give City any rights under the lease in or to the
premises.
§2.04. Revocable
This lease is revocable if the City does not initiate construction of the Police Training
Academy within 10 years from final execution of this lease.After construction of the Police
Training Academy, this lease is revocable if the City vacates the leased premises for a
period longer than five years.
§2.05 Irrevocable
This lease is irrevocable upon initiation of construction of the Police Training Academy as
agreed to, except if the City vacates the leased premise after constructing the Police
Training Academy for a period longer than five years.
ARTICLE 3. USE OF PREMISES
§3.01. Permitted and Prohibited Use of Premises
City may use the premises to develop, construct, and to operate a Police Training
Academy, and for no other purpose without the written consent of College. The Police
Training Academy may consist of single or multiple buildings, including a parking lot.
§3.02. Use Not Permitted
City may not use all or any part of the premises or any building situated on them for a
firing range or driving track.
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ARTICLE 4. INTERLOCAL CONTRACTS
§4.01. Lease
This lease constitutes an Interlocal Contract pursuant to Texas Government Code
Chapter 791 and is dually authorized by the respective governing bodies.
ARTICLE 5. CONSTRUCTION BY CITY
§5.01. General Conditions
City may, at any time and from time to time during the lease term, erect, maintain, alter,
remodel, reconstruct, rebuild, replace, and remove buildings and other improvements on
the premises, and correct and change the contour of the premises, subject to the
following:
a. City bears the cost of any such work.
b. The premises must at all times be kept free of mechanics' and materialmen's liens.
c. College must be notified of the time for beginning and the general nature of any such
work, other than routine maintenance of existing buildings or improvements, at the time
the work begins.
d. The conditions of§5.03 concerning College's approving plans must be followed.
§5.02. Easements, Dedications, Zoning, and Restrictions
College must cooperate with City concerning easements, dedications, and restrictions of
the premises as follows:
a. Easements and Dedications. To provide for the more orderly development of the
premises, it may be necessary, desirable, or required that street, water, sewer, drainage,
gas, power lines, and other easements and dedications and similar rights be granted or
dedicated over or within portions of the premises. College must, on City's request, join
with City in executing and delivering the documents, from time to time, and throughout
the lease term, as may be appropriate, necessary, or required by the several
governmental agencies, public utilities, and companies for the purpose of granting the
easements and dedications.
b. Zoning. If City considers it necessary or appropriate to obtain use, zoning, or
subdivision and precise plan approval and permits for the premises or any part of them,
College will execute the documents, petitions, applications, and authorizations as are
appropriate or required to submit the premises, or any part of them, for the purposes of
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obtaining conditional use permits, zoning and rezoning, tentative and final tract approval,
precise plan approval, and further, for the purposes of annexation to or the creation of
districts and governmental subdivisions. College will execute these documents from time
to time as requested by City.
c. Restrictions. At City's request, College will, from time to time, execute and deliver or
join in the execution and delivery of the documents that are appropriate, necessary, or
required to impose on the premises covenants, conditions, and restrictions providing for
the granting of exclusive uses of the premises, or any part of them; the establishment of
common and parking areas; the establishment of party walls; provisions for enlarging the
common and parking areas by establishing mutual and reciprocal parking rights and the
rights of ingress and egress; and other like matters, all of which are for the purpose of
orderly development of the premises as a commercial unit.
d. Expenses. City exclusively bears the cost and expense of any action required of
College under subparagraphs a through c, above.
e. City as College's Agent. College appoints City as its attorney in fact and agent (to be
irrevocable so long as this lease remains in full force, which is deemed to be a power
coupled with an interest) to execute and deliver and to record any documents that may
be appropriate, necessary, or required under subparagraphs a through c above, in
College's name, and any third person may rely on such execution, delivery, and
recordation.
§5.03. College's Approval of Plans
The following rules govern College's approving construction, additions, and alterations of
buildings or other improvements on the premises:
a. Written Approval Required. No building or other improvement may be constructed on
the premises unless the plans, specifications, and proposed location of the building or
other improvement has received College's written approval and the building or other
improvement complies with the approved plans, specifications, and proposed location.
No material addition to or alteration of any building or structure erected on the premises
may be begun until plans and specifications covering the exterior of the proposed addition
or alteration have been first submitted to and approved by College.
b. Submission of Plans. City must, at its own expense, engage a licensed architect or
engineer to prepare plans and specifications for constructing a building or improvements
or additions or alterations to any buildings or improvements that require College's
approval under subparagraph a above. City must submit copies of detailed working
drawings, plans, and specifications for constructing a building or improvements or
additions or alterations for College's approval. If City wishes to construct any other
buildings or improvements or make any additions or alterations to buildings or
improvements for which College's approval is required under Subsection (a) above, City
must submit copies of detailed working drawings, plans, and specifications for any such
projects for College's approval before the project begins.
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c. College's Approval. College will promptly review and approve all plans, meeting
external architectural consistency with the remainder of the college campus, submitted
under subparagraph b above or note in writing any required changes or corrections that
must be made to the plans. Any required changes or corrections must be made, and the
plans resubmitted to College, within 60 days after the corrections or changes have been
noted. College's failure to object to the resubmitted plans and specifications within 30
days constitutes its approval of the changes. Approval by College shall not be
unreasonably withheld, and any disapproval will be in writing with reasons, therefore.
Minor changes in work or materials not affecting the general character of the building
project may be made at any time without College's approval, but a copy of the altered
plans and specifications must be furnished to College.
d. Exception to College's Approval. The following items do not require submission to, and
approval by, College:
i. Minor repairs and alterations necessary to maintain existing structures and
improvements in a useful state of repair and operation.
ii. Changes and alterations required by an authorized public official with authority
or jurisdiction over the buildings or improvements, to comply with legal
requirements.
e. Effect of Approval. College's approval of any plans and specifications applies only to
the conformity of the plans and specifications to the general architectural plan for the
premises, and College may not unreasonably withhold approval. College's approval does
not constitute approval of the architectural or engineering design, and College, by
approving the plans and specifications, assumes no liability or responsibility for the
architectural or engineering design or for any defect in any building or improvement
constructed from the plans or specifications.
§5.04. Ownership of Buildings, Improvements, and Fixtures
Any buildings, improvements, additions, alterations, and fixtures constructed, placed, or
maintained on any part of the leased premises during the lease term are property of the
City. Upon expiration or termination of the lease, all permanent buildings,
improvements, additions, alterations, and fixtures become the property of the College,
unless College elects not to retain said property, in which case, City will remove any or
all of said property within 12 months after the date of expiration or termination of this
Lease Agreement.
§5.05. Right to Remove Improvements
City may, at any time while it occupies the premises, or within a reasonable time
thereafter, remove any furniture, machinery, equipment, or other trade fixtures owned or
placed by City, its subtenants or licensees, in, under, or on the premises, or acquired by
City, whether before or during the lease term.
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ARTICLE 6. NOTICE
Notice may be given by hand delivery or certified mail, postage prepaid, and received
on the day hand-delivered or on the third day after deposit if sent certified mail. Notice
will be sent as follows:
IF TO CITY: IF TO COLLEGE:
City of Corpus Christi Del Mar College
Attention: City Manager Attention: President
P. 0. Box 9277 101 Baldwin Blvd.
Corpus Christi, TX 78469-9277 Corpus Christi, TX 78404
ARTICLE 7. UTILITIES
City will pay or cause to be paid all charges for water, wastewater, electricity, gas, and all
other utilities used on the premises throughout the lease term, including any connection
fees.
ARTICLE 8. REPAIRS AND MAINTENANCE,
At all times during the lease term, City will keep and maintain, or cause to be kept and
maintained, all buildings and improvements erected on the premises in a good state of
appearance and repair(except for reasonable wear and tear) at City's own expense.
ARTICLE 9. VOLUNTARY CONVEYANCE
If College, during the lease term, desires to sell all or any portion of the Leased Premises
and/or areas of ingress/egress, City will have the right of first refusal to meet any bona
fide offer of sale on the same terms of the offer.
ARTICLE 10. COLLEGE'S WARRANTIES AND COVENANTS
§ 10.01. Warranty of Title
College warrants that it is the owner in fee simple absolute of the premises.
§ 10.02. Warranty of Quiet Enjoyment
College covenants that as long as City pays the rent and other charges under this lease
and observes the covenants and terms of this lease, City will lawfully and quietly hold,
occupy, and enjoy the premises during the lease term without being disturbed by College
or any person claiming under College, except for any portion of the premises that is taken
under the power of eminent domain.
ARTICLE 11. GENERAL PROVISIONS
§ 11.01. No Partnership or Joint Venture
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The relationship between College and City is at all times solely that of College and City
and may not be deemed a partnership or a joint venture.
§ 11.02. Force Majeure
If constructing the building as provided in §2.04 or curing any default or performing any
other covenant or term is delayed by reason of war, civil commotion, act of God,
governmental restrictions, regulations, or interference, fire or other casualty, or any other
circumstances beyond City's control or that of the party obligated or permitted under this
lease to do or perform the term or covenant, regardless of whether the circumstance is
similar to any of those enumerated or not, each party so delayed is excused from
performance during the delay period.
§ 11.03. No Waiver
No waiver by either party of any default or breach of any covenant or term of this lease
may be treated as a waiver of any subsequent default or breach of the same or any other
covenant or term of this lease.
§ 11.04. Severability
If any covenant, condition, or provision in this Agreement is held to be invalid by any court
of competent jurisdiction, the invalidity of such covenant, condition, or provision in no way
affects any other covenant, condition, or provision herein contained.
§ 11.05. Interpretation
The Parties acknowledge that each of them has been actively involved in negotiating
this Agreement. Accordingly, the rule of construction that any ambiguities are to be
resolved against the drafting Party will not apply to interpreting this Agreement. In the
event of any dispute over the meaning or application of any provision of this Agreement,
the provision will be interpreted fairly and reasonably and neither more strongly for or
against any Party, regardless of which Party originally drafted the provision.
§ 11.06. Effective Date of Agreement
This Agreement will begin upon approval by the City Council and District Board of
Regents and last signature of their authorized representative.
Remainder of page intentionally left blank; signature page to follow.
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CITY OF CORPUS CHRISTI DEL MAR COLLEGE DISTRICT
er? (Date) a" Escamilia, Ph. D. (Date))
City Manager t}. '� resident/CEO
ATTEST: �Q
t 'V'fZ" 0 COUNCIL 11' 10' A.)
Re ecca Huerta (Date)
City Secretary `F/ 5/ -1
SECRETARY
APPROVED AS TO LEGAL FORM:
V7,6(C1
Buck Brice (Date)
Assistant City Attorney
For City Attorney
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