HomeMy WebLinkAbout16445 ORD - 08/12/1981AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH
THE CORPUS CHRISTI BANK AND TRUST IN ACCORDANCE WITH
ARTICLE IX, SECTION 29, OF THE CITY CHARTER FOR THE
LEASING OF CERTAIN AERIAL 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 Bank and Trust in accordance with Article IX, Section 29,
of the City Charter for the leasing of certain aerial premises, all as more
fully set forth in the lease, a substantial copy of which is attached here-
to and made a part hereof.
"SEP 271og4
ificaFILMEP
16145
•
l7-2'1734;,,
il
LEASE
THE STATE OF TEXAS )
COUNTY OF NUECES
This Lease is executed by and between the CITY OF CORPUS CHRISTI,
TEXAS, (hereinafter called "Lessor"), and CORPUS CHRISTI BANK AND TRUST, a
banking association located in Corpus Christi, Texas, acting by and through
its duly -authorized officers (hereinafter called "Lessee"), for the consid-
eration 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 Exhibits "A1 and "A2" attached hereto
(hereinafter called "Aerial 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.
ARTICLE II
LEASE TERM
Section 2.01 - Length. This Lease shall be for a term of Sixty
-(80) years beginning , 1981 and ending at
midnight on , 2041, subject, however, to
earlier termination as hereinafter provided.
-Section 2.02 -_Holding Over by Lessee. In the event Lessee re-
mains -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 of all of the agreements, covenants, and
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 1972).
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
Fifteen Thousand Four Hundred Fifty and No/100 Dollars ($15,450.00), as
rental :for the full term; which rental shall be paid by Lessee to Lessor
upon -execution -of this Lease.
Section 3.02-- Rent Not Refundable. No part of the rental paid
-'by'-Lessee-shaTl-•be refunded in the event. that this Lease is terminated
prior to its full -term_
•
:—ARTICLE -N
-=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 Aerialleased-Premisesof an enclosed structure
(hereinafter referred--to-as-"Structure"), which Structure will connect
#he -banking facilities on -the northeast and the parking facilities to be
- constructed- by Lesseeonthe-southwest-of the Aerial Leased Premises.
-Lessee'_s actions- in - accomplishing the--foregoing'shall comply with appli-
cable 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 B. .Lessee shall make no substantial change
in the -architectural plan or the exterior appearance of the Structure, as
- they appear-in-Exhilit-B,_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, and further that the minimum live
load to be used in the design of the Structure shall be 125 pounds per square.
foot to be considered as uniformly destributed.
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 harzard or danger to the persons or prop-
erty of _the public using the street below said Structure.
Section 4.05 - Minimum Elevation of Structure. Lessee agrees
that no part of the Structure within the curb lines shall be lower than
Seventeen feet (17) above thecrownof the intersection of Leopard and
Caranchua Streets -below the Structure, said elevation to be determined as
of the date of this Lease is executed and not to be affected by subsequent
-changes in the elevation of the crown of the intersection.
Section 4.06 - Reimbursement for Modification of Signalization.
Lessee shall reimburse Lessor for the cost of modifying the signalization
at the intersection of Leopard and Caranchua Streets in order that such
traffic control devices be clearly visible to drivers utilizing the inter-
section.
Section 4.07 - 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 Structure's interference with surrounding street lighting.
Section 4.08 - 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
-3-
and underneath the Structure which are made necessary by reason of the con-
,struction of the Structure.
Section 4.09 - 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 re-
quired by law;
Section 4.10 - Destruction of the Structure. In the event the
Structure_shall be totally.or partially destroyed by fire,. hurricane, or
-lather storm,-expTosion.or any other casualty, and if Lessee•does not within
=-twelve:(12)-jnonthsfrom the dateofsuch destruction commence reconstruction
-and hereaftercarry it to -completion with -due diligence, this Lease shall
-terminate and end -as -to the Leased Premises as of the end of said twelve
{12}.--month::period=-or the -cessation of reconstruction with due diligence,
• whichever. --last. occurs. -:. " - -
---Section-4c11 --Entry=by-Lessor.' Lessor, -by its officers, agents,
or -employees. -may at aTl reasonable -times -enter upon the Leased Premises to
view. -the. condition-of.the=Structure: Section -4-12 --Discontinuance-of Use of Structure. In the event
.Lesseezshajl-discontinue use -of -the -Structure for the purposes hereinbefore
. described_for-a-period-of•-twelve (12) -consecutive months for reasons other
than_ destructiorr•of_the-Structure, this Lease shall terminate and end as to
the Leased -Premises. - -
_Section'4.13.--Removal:of Structure. Within forty-five (45) days
•
after -the -=termination of-the_Lease,-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 termination 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.
ARTICLE V
INSURANCE AND INDEMNITY
Section .5.01 - 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, oper-
ation, maintenance, alteration, repair, or removal of the Structure, 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 responsi-
bility:either2authorized to do business in the.State of Texas or amenable
to -service of _valid process -therein. -Such-insurance shall be of the fol-
- lowing types and, subject_to Section 6.02 of this Lease, in the following
—minimumramounts:
I. _Comprehensive General Public =Liability Insurance:
=Bodily. Injury..: --.--.--$1;000,000.00 per person
$1,000,000.00 per occurrence
Property.Damage . . . . $1,000,000:00 -per occurrence
2. 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 th6-.City. to-be-deemed•-a_partner or joint venturer with Lessee in its
businesses -or -in connection with its construction of the Structure. 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 i -ease fifteen (15) days prior to the effective date of such
cancellation,'and Lessee shall, prior to the effective date of such cancel-
lation, provide'Lessor with substitute certificates of insurance.
Section 5.02 - Renegotiation of Insurance Amounts. Five (5) years
from the date this Lease is executed, and at five (5) year intervals there-
after, either party may initiate renegotiation of the amounts of the insur-
ance 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 which are commercially reasonable in light of all
the circumstances, including changes in the cost of living and changes in
--the tort -claims experience of businesses and governmental entities gener-
• ally.-_If•theparties 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 arbi-
-• tratar_to,be-chosen`in-accordance with the rules of the American Arbitra-
tion -Association.
-Section-5.03 -- Indemnity. -Lessee- shall indemnify and hold Lessor
7 -free -and harmless from any and all .losses, damages, claims, or causes of
Laction_incurred.by or asserted against Lessor- for personal injuries, or
death, or property -damage arising -out of -the construction, existence, use,
•
---.operation4 maintenance, alteration, repair or removal of the Structure.
•
•ARTICLE VI% -
• -DEFAULT ••
Sectioni6.01 --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 6,.02 - Waiver of Rights. The failure of Lessor or Lessee
to insist on strict performance of any of, the terms, covenants, or condi-
tions of -this Lease shall not be deemed a waiver of any right or remedy
thatLessor or Lessee may have, and shall not be deemed a waiver of the
, right to require strict performance of all the terms, covenants and condi-
tions of the Lease thereafter or a waiver of any remedy for the subsequent
breach or default of any term, covenant, or condition of the Lease.
ARTICLE VII,
MISCELLANEOUS PROVISIONS
Section 7.01 - 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, re-
strictions,.arid 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.
`Section -702.- Notices. All notices required hereunder shall be
;deemed properly served -when deposited--in-the United States Mail in a pre -
wrapper -via registered registered or certified mail and addressed as follows:
"To -Lessor at:
,City of Corpus Christi
-P.O. Box 9277
--Corpus Christi; Texas 78408 -
To=Lessee.-at:
Corpus_Christi_Bank and Trust -
1P.1. Box_4666 -
Corpus CFiristt,-Texas 78408
-unless notice of change of.address_is properly given in writing, in accord
with_theprovisions-of-this section. --Notices sent to Lessor shall be ad-
dressed 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 oTficer.
Section -7:03 -.Binding Agreement.. It is further mutually under-
stood 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 7.04 - Other City Ordinances.. This Lease and the ordi-
nance under which it is executed shall not operate to repeal, rescind,
modify or amend any ordinances or resolutions 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 , 1981.
LESSOR:
CITY OF CORPUS CHRISTI, TEXAS
By:
LESSEE:-
-CORPUS CHRISTI BANK AND TRUST
By -
FIELD NOTE DESCRIPTION
AERIAL EASEMENT
CORPUS CHRISTI BANK AND TRUST
Being an aerial easement diagonally across the intersection of Leopard
and Carancahua Streets in the Bluff Portion of Corpus Christi, Nueces
County, Texas, having length, width and height and whose vertical pro-
jection on the earths surface is described by metes and bounds as•fol-
lows:
-BEGINNING at the southwest corner of Lot 12 Block 4,
-Bluff Portion of Corpus Christi according to the map
recorded in Volume A at Pages 2 and 3, of the Map
-.Records-of Nueces County, -Texas;
-THENCE S-88° 33' E along the south line of said Lot 12,
-Block 4, -Bluff -Portion at 1.0:feet pass the point
-where the centerline -of this easement intersects the
- south line- of Lot 12, Block 4-, and in all a distance
=af 9:42 feet -to a -point forthe-northeast corner of
-this .easement, said -point -being 7.0 feet (measured
.at_a right•angle)_from the _centerline of this ease-
-'hent; . .
•
THENCE S_35°-12' 17" W,•7.0 -feet 'southeast of and
parallel to_the centerline_of this easement across
_the intersection of Leopard_and Carancahua Streets
a-distance_af 123.57 feet -to a -point in the east
- - line -of Lot-10-D,--Block-12,-Bluff-Portion of Corpus
. -Christi according to" the map -recorded in Volume 46,
=-at Page 125-, =of the- Map_ Records of Nueces County,
.Texas, for the_southeast corner of this easemnt;
•
. THENCE_t-1°-_04' 40" E, along the east line of Lot.__
-10-D; Block'12,-Bluff Portion, at 12.48 feet pass=
- -.-the:po=int_where the east line -of Lot 10-D, Block
.. 12, is .intersected by the centerline of this ease-
' :.went, -=and_ in -all -.a distance of 24.96 feet to a
- point -for the southwest corner of this easement,
said_point.being 7.0 -feet -(measured at a right
angle) --from the centerline of this easement,
-whence the -northeast corner -of -Lot I0 -D, Block -
-12,111uff Portion bears N ie 04' 40" E, at 0.52
feet;,
THENCE N 35° 12' 17" E, 7.0 feet northwest of and
-parallel to the centerline of this easement, across
the intersection of Leopard and Carancahua Streets
-. a-distance_of106.69 feet to a point in the west
line of Lot -12; Block 4, Bluff Portion for the
northwestcornerof this easement;
THENCE S 0° 48' W, along the said west line of Lot
12, Block 4, Bluff Portion a distance of 10.92 _
feet to the Point of Beginning, said previously
described limits embrace an area of 1560.61 square
--feet. This easement has a height of 16.50 feet
and a volume of 25,750.07 cubic feet.
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1_01 '2
,3CK
Actual
Limits of 1
1 Bridge
1
1N
Un is of
oS Easement
V j
SECTION A -A
- i 4
4 I" •
•
That the foregoing ordinance was read for t fir t time passed to its
second reading on this the � day of , 19 , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was read for Fye second time and passed to its
third reading on this' the s day of /,4 t 1t , 192/ , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance waread for the thi
on this the /07 day of
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the /,day of
ATTEST:
time and passed finally
, 19 , by the following vote:
4cretary
APPRO
ZS( DAY OF 19 $rde:
J. BRUCE AYOCK, CITY RNEY
By
City Attorn
16145
THE CITY OF CORPUS CHRISTI, TEXAS
STATE OF TEXAS,
County of Nueces.
}ss:
PUBLISHER'S AFFIDAVIT
v.277413
CITY OF C.C.
/6 KS
Before me, the undersigned, a Notary Public, this day personally came
B ULL:1EHEN DER S O N
who being first duly sworn, according to law, says that he is the
ACCAUDTEIN.G...CLERZ 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
NQ110E O' PASSAGE OF ORDINACE..__
F
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES
on the 17th day of AUGUST 19.81.., and once each day thereafter for...._... one_it
Live
day
BILLIE J. BENDERS ON 21 z
19TH AUGUST 81
ied and sworn to before me this day of , 19
LOIS WINN
Notary ublic, Nueces County, Texas
N0710EOF ASSAGE tura.
OF ORDINANCE SECTION 4.05- MINIMUM °f all the tlrc5mstanc.
N0. 16445 ELEVATION OF STRUC- Ctutliny chengageS the cos
CITY MANAGERTOOEXG E no part of the Structure agrees
claims experience of b
living andp.r) ,,c Infhctort-40' CORCUTPUS CHRISTI LEASE
HRISTIIT BANK lowers than Seventeen shall feet ties are u abl9 to grree
'AND
WITH TARTICLE RD. IX, Int )rsectiontof Leopard and In two Insurance
hs aftewi
r t
CHARTERO FOR F THE CITY THE LEAS- her Structure, stall Streets
beginning of the afive (5
ING OF CERTAIN AERIAL to be determined as of the yeargrein., anyareas of )
PREMISES, ALL AS MORE date of this Leese is executed by
binding. shall be sett)
FULLY SET FORTH IN and motto be affectedb sub- ar binding arbitration, Cho 5, }
THE LEASE, A SUB• sequen}changes In the eleva- arbitrator to be chosen In esac
STA NTIAL COPY 0P tfon of the crown of thelnter• ted gmercan tgrbliration
WHICH IS ATTACHED section,
H REHERANO MADE A IMBURSEMENT FOR 91
Association.
BE IT ORDAINED BY MODIFICATION OF SIG- DEMf750dherseesheCTION 4.06- RE- SECTION 6.0,3- in
THE CITY COUNCIL OF NALIZATION, Lessee shall and harmless from any and
THE CITY CF CORPUS
reimburse Lessor for the damnify and hold Lessor ire
CHRISTI, TEXAS: cost of modifying all losses, damages,
claims 1, That the City Izatlon at the In ersecfion of byr causes °f action st Les,
Manager be authorized }o Leopard and Carancahua sofoasserted erolaInjuries or
lease with the Corpus Christi
Streets In order that such death, or property damage
Bank and Trust In accord-
ance
clearly control devices be arising out t the'construc• with Article IX, Section y visible to drivers uti• tion, existence, use„ oper-
29, of the City Charter for the llzing the Intersection.
I
of certain aerial SECTION 4,07• LIGHTING tion repair or removal of }he
premises, all as more fully OF STRUCTURE. Lessee Structure
set forth in the lease, a sub-
stantial shall install and maintain
copy of which Is at -
lighting on and underneath ARTICLE VII
tache. hereto and made a the Structure if Lessor deter- DEFAULT •
part hereof, . mines such lighting to be SECTION 7,01- LESSOR'S
LEASE necessary top eliminate anyREMEDY FORf DEFAULT.
COUN YOF ONUECE0S alreaisf ceusned bty (hersfdo� rade In aat any default
euby Lessee
This Lease Is executed b ture's Ingterferencgge witpph sur- Payment a rent, or If
CORPUS C5IRISTICTEXAS, fOSECTION/00.IR lighting of )0the
5 other0 belt kegs and
observeC
(hereinafter called "Les- OF FACILITIES. Lessee and performed b
50r''1, a0tl CORPUS pon demand bythe Y It shah
CHRISTI 8ANK AND Lessor, pay such chargs as continue for thirty shah
TRUST, a banking 55500)• may be Incurred by the Les- atter written notice thereof 1
atiop located in Corpus sorfortheremoval ofanyfa- by registered or certified
Christi, Texas, acting by and turees, utilities, or strut• mail to Lessee from Lessor, d
through Ifs duly authorized tures between the street then Lessor
officers (hereinafter Zine underneath t any me
tiof n THEN N 1degree 04'
`E, along the east line of
u51- Lot 10.7, Block 12, Bluff Por-
tion, at 1245 feet pass the
ar• paint where the east Ilse t
on Lot 10-D, Block 12, Is Inter-
h- sected by the centerline t
he this easement, and In all a
distance 01, 24.96 feet to a
is- point for the southwest cor-
ed ner of this easement, said
he point being 7.0 feet (mew
of - theecehterilneh 08 angle)
ease
mens, whence the northeast
B off Portion bearsBN ikee
e gree
TH NCE N 350dgrfeet;12'
and parallel 7.0 totthe center iest ne
ed, of this easement, across the
Carahcahua ofton Leopard
dis-
tance
of 106.69 feet to a point
In the west line of Lot 12,
Block 4, Bluff Portion for the
northwest corner of this
easement;
Talong Ehe�said west (Incree of
a distance of ck 10.92 fleet Portion
Point
yf described limits iem•
brace an area of 1560.61
has a height of 16s .50 Meet and
a volume of 25,750,07 cubic
feet.
WAS PASSED
P OVED by the City CoD uncil
on the 12th day of August,
981,
Wtness my h0nd t0i5 13th
called s and ande may a} }1 day of August, 1991.
"Lessee"), for the tonsil- Structure whlcfb are made thereafter, prior•fo-the-cur- -s-Bill G. Read,
erasion and Upon the agree• necessary. by reason o the sea of such default by Les•; l +.n,r,- City Secretary
ments hereinafter set forth, construction of the Struc- Lease ended andtterminathed- , e Opus CTelxas
DEMISE OF to SECTION ng Lessee'wrltten n
.e -
LEASEDPREMISES 4.89• SIGNS. ice of giving
termination;s...,
For and in consideration of Lessee anyaslgo oorn maintain
OF
allow SECTION 7.02- WAIVER
the rents to be paid by Les- the Structure in such a man- RIGHTS. The Insist o
see and the agreements ner that the sign Is visible, strict performance of Insist
o1herein set forth, Lessor here- from the outside of the Struc- the terms, canvenants, o
:by leases to Lessee and Les- lure, except for such signs conditions of this Lease shat
see hereby leases from Les- that may be required by law. not be deemed a waiver
sor, for the term hereinafter T3E TIO THEOESTRSTRUC• any right or remedy Ma,
set forth the premises more
particularly described in TU RE, In the event the aLndsshall not sbe deemed er
tached EXHIBITS "Al and "A2" at- pSStructure shall be totally or waiver of the right for require
called "Aerial Lo eased hurrfcelne destroyed
bstorm, strict performance of of on)
pursuant is to thene Is authority exyoalno lff Leisaehdoesanot farms, 05 (hes a and tomo
y alt altero of }he r01 ae the
granted In, and in accord: within twelve (12) months offer ora Waiver of any ue y'
ante with the provisions of, from the date of such tle• bry for the subsequent
Article IX, Section 29, t the struction commence recon- breach or default of any,
j Corpus Christi City Charter, struct(on and thereafter car- term,iono the ve ase, or condi=
ARTICLE II ry It to completion with due }Ion of the Lease.
LEASED TERM diligence, this Lease shall ARTICLE E II
SECTION 2.01- LENGTH, terminate and end as to the PMIPRELLANEOUS
teVISIONS *
rm of Sixty (60) yll ears be- enr a ds of Psaied l twelve f(12) TISECTION LEASEHOILDI
ginning --, 1981 and ending month period or the cessa- Lessor does not warrant If
at mldnighl on --, •2011 tion of reconstruction with lisle to the Leased premise'
subiecf, however, to earlier due diligence, whichever last and does not guarantee Les
termination as hereinafter °'-curs.
provided. SECTION 4.11- ENTRY themsee's quiet ' possession o
SECTION 2,02• HOLDING BY LESSOR- Lessor, }oright. and
Lease and thl
OVER BY LESSEE..In the officers, agents, or empl Ifglv� fights and and to the
La west
event
ofstherL Leased (Prem• times enter upon l }he Leaseed Premises ere subtion , all
lses after the expiration of Premises to view the condi- so fiction , a condieions, r
this Lease, it shall be tion of the Structure, recorlons, and exceptions of
•p deemed to be occupying said SECTION 4,12- D15• recortled)ntarent-Nothin
- premieend anas y tenant at sun- CONTINUANCE OFbentalned ie this Leases the
_
shallconstitute,holding
at ld; cors F STRUCTURE. In USEhe conveyance. (0 Lessee llof
option a event Lessee shall tlls• rights in the Leased Prem -
month -to -month continue use01 the Structure Ises that exceed those owned
lease subject to all of the for the purposes here- by Lessor.
agreements, covenants, and )nbeforedescrlbedforaperl-
NNO LICE: FsrARE SUB• odo twelve
(12) cons other SECTION req 'NOT there-
THIS TO ARBITRATION All notices e u
then destruction t the Strut- under shall be deemed prop -
UNDER THE TEXAS GrqO tura, this Lease shall terml- 10 th served when rail in a
ERAL ARBITRATION ACT nate and antl as to the Leased In the United States Mail ins
TEX. REV. CIV, 5'(q T. Premises. prepaid wrapper via regfal
ANN., ARTICLE 224, ET, SECTION 4.13• REMOVAL addr seder}coed mall and
SEQ. (VERNONry (972) OF STRUCTURE. Within addressed as follows:
obllga litTooTY6fs Y3di'2 fn=s 19F STRqUC ars afrerthe'•To Lessor at:
suf6r.5s 6ameareapplicetne ? m h,, al °i ( -p, • a`tbrp 7 Christi
na± ej,s0th•fbymosm, tea,_.L„i556., Itre Koveery P.fhtt 9277
•�•a�ck�+at?4 oswlb�,« e" r l l{tztl, Texas 78408 ■
"R4a �Ir---�..vas..-C�Istl Bank anc
EN• _ ure to demand removal or to Trust- "a.'
SECTION.;30, RENT AL'4give tice a• noaceminenhonhlftae,,C °puBox
Ch4r6f tti,'Texa�6406'
FOR AERIAL CEASED may be required b
PREMISES. As rental for y other unless notice of change of ad
the Aerial Leased Premises, provisions of this Lease. If dress is properly given 1
Lessee agrees to pay Lessor Lessee falls to remove the writing, in accord with th
the total sdm of Fifteen structure In accordance with provisions of this „section
Thousand Four Hundred Fit- this section, then Lessor may Notices seht to Lessor shat
ty and No/100 Dollars remove theu re and re- be addressed to the atten
(515,450.00), as rental for the quire Lesseeetoto pay the ex- of its City Manager unless
.full term, which rental shall Pence of removal. some other provision of this
be paid by Lessee to Lessor ARTICLE VI Lease requires a particular
upon execution of this Lease INSURANCE AND notice to be sent to a 1 -
SECTION 3.02- RENT INDEMNITY ent specified City office, In
NOT REFUNDABLE. No SECTION 6.01- INSU R- which case the notice shell
part of the paid by ANCE AND INDEMNITY. be addressed to the attention
Lessee shat rentalbe refunded in Lessee shall maintain and of that officer.
+the event that this Lease is keep In force during the term SECTION 9.03- BINDING
terminated prior to its full of T is Lease legally binding AMENDMENT. It is further
term
policies
arislnl out of the con- mutuallygunderstood and
ARTICLE IV gagreed that the convenants
THE AERIAL structlon, existence, use, up• and agreements contained i
LEASED PREMISES eratlon, maintenance, alter- the Lease, to be pertorme
SECTION 4.01- USE OF allon, repair, or removal of by the respective parties,
'AEEIAL LEASED PREM- the Structure, and Lessee shall be binding on the said
ISESI grantsMshall cause current ce - parties, and their respective
'Lessee the Lessor hereby to use the cafes of such Insurance I be successors and assigns.
' Aerial the rj ht Premises fore_ filed In the office of Lessors_SEGTION 9.04-- OTHER
but onlylL for, Pe isesfoc- city Secretary. Such policies CITYI' ORDINANCES. This
-bon, iysfor,ahon, main- of I nsurance shall be Issued Leaseandtheordinanceun-
tenn, In repair, removal, by a company or companies der which It is executed shall
and replacement within the [lei and and adequate linen- not,o_'pecate to repgll.{,en3'any
Aerial Lgeem Pze tee the
45 fedlodo bu�rdes In the ordinagces or resolutions of
`inafter referred to as "Strut• State of Texas or amendable the City of Corpus Christi re-
ture" ), Structure will to service of valid process lacing to the use or obstruc-
lure"),which banking- a will_ therein. Such insurance shall tion of strrets, the granting
Consent the northeastbing- fail be of the following types and, of permits and 'any reps'.
dies
parking facilities to ancon- subject to Section 6.02 of this etions relating to the preser-
structetl ay Less to a the Lease, In the following min- nation of order and move-
southwest of the Aare mum amounts: meet of traffic, or any other
Leased Premises. Lessee's 1.Comprehensive General ordinances, resolutions or
echoes in accomplishing the Pulic Liability Insurance: regulations not specifically
actions nBB comply the 13 o d I I y I n I u ry ... set forth In the ordinance of
foregoing
are oable shalll of the 51,000,000.00 per person; which this Lease Is a part.
City of b e Corpus Christi. A tde-he 51,000,000.00 per occurrence Executed this --day o
tailedCity
plan e- Property Damage... --, 1991.
the Structure together with a 51,000,000.00 per occurrence LESSOR:
2. Workmen's Corn-
drawing of the Structure's CITY O
exterior is attached her to pbnstylon andante in
she CORPUS CHRIST
as EXHIBIT B. Lessee s� ability Insurance the TEXA
make no substantial change amounts and form required BY;--
In the architectural plan or peby the Workmen's Com-
In LESSEE:
the exterior appearance of encea Actlawsand thet einsurf CORPUS CHR 1571
the Structure, as they appear Texas. BANK AND TRUST
In EXHIBIT B, without Les- BY—
consent. The Comprehensive Gen- FIELD NOTE •
SECTION 4.02-Use of Sur- eral Public Liability Incur- ' DESCRIPTION
rounding Premises. Lessor ante shall Include the City as AER IALNVO
hereby grants Lessee the a named insured. The nem- CORPUSS CHRISTI
right to use so much of the log of the City as an addition- BANK AND TRUST
premises below, above, and al Insured In such Comore- Being an aerial easement dl
adjacent to the Aerial hens ive General Public agonally across the inter-
sectio
° Leased Premises (here- Liability policies shall not section of Leopard and Ca-
'natter referred to as "Sur- thereby cuase the City to be rancahua Streets in the Bluff
rounding Premises") as deemed a partner or joint portion of Corpus Christi,
may be reasonably nates- venturer with Lessee in Its Nueces County, Texas, ha
Bary to construct, Install, re- businesses or In connection Ing length, width and height
pair, remove, and replace with its construction of the and whose vertical pro(ec-
ded, Structure. Said policies of in- lion on the earths surface Is
the Structure; provi
however, that Lessee's use of
surence shall be per- described by metes and
the Surrounds Premises formable in Nueces County, bounds as follows:,
shall comply wit applicable strued in accordance with wesd shall be con- t ornerlof Lot NG at 12 Block 4,
ordinances of the City of Cor- the laws of the State of Bluff Portion of Corpus
pus Christi. Texas. Furthermore, sa/1dOChristl accordingto the map
SECTION 4.03- USE OF policies of insurance shall recorded In Vlume A at
-STRUCTURE. The Struc- not be subjectp PagesMap
lure shall be used for the byInsurerexcept 2 and 3, a theo n
• movement of pedestrians P Recordsxof Nueces County,
•, and goods between Lessee's livery of written Lessor's to ss by Texas;
banking and parking- fecll- registered
ity' ecrretaryl at least fitalong Ehe south cline ofs aid
(ties adlacent to the Aerial teen (15) days prior lathe f- Lot 12, Block 4, Bluff Portion
Leased Premises, for the Y
containment of electrical Incline dale s suche allprior where feet rtes the point
power lines, and for such oth- tion and Lessee shall, prior the centerline intersects thie
er purposes as are consistent coa tce lation, p date of s sor thlieasement 12, Blthe
4,
with the design and plan of cancellation,
certife icates and in fall of distance of 9.42
the Structure; provided, of Insurance. feet to a
for the north-
however, that the Structure S E C T 0 N 6 .0 2- R E - east corner oftthis easement
shall not be used for furtf storage .ANCE TAMONTS, Flve t (5) said point
at right angle)
or lloccupancy,notus for
sura
that the minimum live Io years from the date this from the centerline of this
to be used in the design of the Lease Is executed, and at easement;
Structure shall be 125 pounds five (5) years intervals THENCE 5 35 degree 12'
per square foot to be consld- thereafter, either partyeg
f
er ed as uniformly dip- Initiate renegotiation fnthe and W,aa)el to the centerline
SECTION 4.04- MAIN- amounts
b by of e 6.01 of this of
othis f Leopant rd and
Tsafely maintainNANCE. ssee said Struc- pparty, e withte eeegmonthe h af- lance r ecahua Street a of 13.57 feet toa point
ture and regulate the use and ter the beginning of the new in the east line of Lot 10-D,
occupancy thereof sit that five (51 year period, of its de- Block 12, Bluff Portion of
the Structure or the use sire to do so. In renegotiating Corpus Christi according to
thereof will not be a hazard the Insuruance amounts, the the map recorded in Volume
orpda D •of'tha a Perk ns-or7pa6tles ll seek to a re ,pn;r _A1-,Peg -125,-o -.the.Map
Pr!b 't Ing p'msints Ieh far ds:
CP,
bNav a�dSt{�uc-;Raw �fiefMst
-al W,
_ wnuuLieu_o
day at the Fir
la2unw , ... _ range.
Church, with Rev: W;OT. �npd numerd 'flint
�rti-rz"'
LoujsianaaPd nurrierdJ,is_mC!!ts),_.,.,s'A
Moirls, officiating: bigrandchildren and great- SIMPSON
meet will follow in the grandchildren. KINGSVILLE - Mrs.
Prairie View Cemetery. Funeral services will Bessie Lee (E.C.) Simp-
Inlieu of flowers those be conducted at B p.m. son, 76, died Saturday af•
that may wish to donate Monday at the Ritchea- ternoon In a Kingsville
to the Ingleside First Gonzales Funeral Chap- hospital.
Baptist Chruch building el, with Rev. Forest She is a member of the
j
fund_ Jones, officiating. Inter-
ment
nter- First Baptist Church and
Marshall Funeral menfwillfollowTuesday Rebecca Lodge,
Home in Aransas Pass. in Ft. Sam Houston Cem- Survivors Include one
LAMB etery, son, E.C. Simpson, Jr of
Luis Lamb, 70, of 5142 In lieu of flowers done- Kingsville; two dough -
Wood, passed away Sat- Tions may be made To the ters, Mrs. Pauline Bareis
urday morning in a local family, Rt.l Box 39 of Kingsville and Mrs.
hospital after a linkley Odem, Texas. Jean Cook of New Orillness. Ritchea•Gonzales Fu• leans; three grand•
He was born in San neral Home, children and one greatDiego, Texas and was a RODRIGUEZ grandchild.
retired maintenance John D. Rodriguez, 84, Funeral services will
man for the City of Cor• of 2005 Carolyn, died Sun- be conducted at 2 p.m.
pus Christi •Housing Au- day in a local hospital. Monday at"jurcotte Morthority for the past 37 , He was a residence -of tuary Chapel with Revyears. Corpus Christi' for 15 Leslie Welch, officiating
s Ivors rlu ohiNie%BSr , aipd a self em• Burial will follow In Rest
wife; ,;fiv •.sons,. •elg include
ur "../,, j-..-+t2.,,,.ar
Lamb; five sons, Felix, Survivors include four Turcotte Morfuay.^"r
d Luis III, Fiorentino, Juan sons, Mauro Rodriguez,
I' and Felipe Lamb; four Sr. of McAllen, John Rod- WARDEN
Ed Warden, 79 o
I; daughters, Mrs. Carolina riguez, Jr, of California, ,
n L. Riolas, Mrs. Maria Ismael Rodriguez of Vic -'3050 Sunnybrook died at
i' Garcia, Mrs. Janie toric and Joel Rodriguez a.m. Sunday in a local
I- Flores and Mrs. Adelaide of Mercedes; eight hospital.
I- Ava (os, all of Corpus daughters, Mrs. Angelita He was born March 14,
Christi; two brothers, Guerrera, Mrs. Este- 1902 In the Indiana Ter
Enrique Lamb of Corpus ranza Hernandez, Ms. ritory. He moved to Cor-
•
Christi, Lupe Lamb of Consuelo Rodriguez, Ms. Pus Christi in 1979 from
Alice; one sister, Mrs. Pauline Rodriguez and Harlingen where he lived
Anita Salinas of Corpus Mrs. Mary Helen Gomez, for 45 years, having
Christi; 23 grand- all of Corpus Christi, served with the Harli-
children. Mrs. Lucy Silvas of Vic- ngen Fire Department
Rosary will be recited toric, Mrs. Obeth Le- for 22 years until his re
at 7 p. m. Monday at Candesma of Mercedes and tirement.
to Funeral Chapel. Fu- Mrs. Dolores Cortez of Survivors include hi
- neral Mass will be cele- Harlingen; one brother, wife, Jewell Warden o.
.' bra ted at 10 a.m. Noe Gonzales of Hidalgo, Corpus Christi; thre'
Tuesday at Holy Family Mexico; one sister, Mrs. daughters, Mrs. Mcly-
Catholic Church. Burial Dolores Gonzalez -Men- Rushing, Mrs. Wynon
will follow in Rose Hill doza, Hidalgo, Mexico; Walls, both of Corps
Cemetery. 28 grandchildren, 13 Christi, Mrs. Mar)
Cantu Funeral Home, great-grandchildren and Louise Malmfe of Car
2402 Baldwin. two nieces. thage, Texas; two sons,
I LEE Rosary will be recited Billy Edward Warden o'
ORANGE GROVE - at 8 p.m. Monday at the Corpus Christi and Dear -
I Sylvia Lee, 58, died Sun- Ross Langham Mortuary mon Warden of San Juan,
If day morning at her rest- Chapel. Funeral Mass Texas; 13 grandchildren
Y dent In Gonzales. will be celebrated at 1 and three great -grand -
She was a former rest- p.m. Tuesday at the Holy children.
dence Of Orange Grove. Family Catholic Church. Funeral -services will
f Survivors Include her Interment will follow at be conducted at 2 p.m.
f husband, E. J. Lee of Seaside Memorial Park. Tuesday in the Clifford
- Gonzales; one daughter, Ross Longhorn Mor- Jackson Funeral Home
Mrs. Karen Kimery of tuary, 181h & Baldwin. Chapel. Burial will follow
s Holdenvllle, Oklahoma; SILVAS in Memory Garden Me-'
f one son, Randy Lee of Or- Antonio C. Silvas, Ill, morial Park.
e ange Grove; two sisters, 34, of Houston, passed Clifford Jackson Fu -
t Mrs. Edna Hines and away Saturday from in- neral Home on Kostoryz.
Mrs. Vlrgie Bednorz both juries received from aj CLAUDIA'S FLOWERS
I of George West; three traffic mishap. show respect and love. FTD
. grandchildren. He was a former rest- member, 1001 Blucher. 883-
• Rosary will be recited dence of Corpus Christi 4441.
515. Legals 575. kids 575. *oh
•; starting February 1,1982. In- Bidders are Invited to atttyend Agent, 88.0426 for arrange-
• terested persons may obtain the opening
andreading
di g of
ment to e Rench, visit and Inspect the
I copies of the proposed con•
tract at Ufa office of the Pur- accompanied with a cash- Nueces County reserves the
chasing Agent, Room 106, jar's check in the amount of right torelect any oral) bids,
Nueces County Courthouse, 5% of the bid for one year as well as the right to deter -
901 Leopard Street, Corpus rental. Lessee will be re- mine the most advantageous
Chrlatl, Texas. Bids ad• wired to furnish Public Lie, bid. Nueces County reserves
dressed to Robert N. Barnes, blllty Insurance In the the right to waive any or all
County Judge„Nueces Coon- amount of $100,000.00, Iormalltltu accept the Coun-
ty, will be received at the of- $300,000.00 bodily Injury ty cannot accept a proposal
• lice of the Purchasing Agent naming Nueces County as an after the closing hour adver-
until 10:00 A.M. September additional named assured. Med.
8, 1981. The bids will be Prospective bidders are In-
t opened and read,by.the_Com-„vited to,visIt_the•Ranch.dur--..,-„ t...,-..,.. Herbert Esse
,mIssloners court and award month of August.t9a1. NUECES COUNTY
,s1contract nada aa:,sol�n, �Mr. Herbert £;se, v- Pu1RCHASING AGENT
_ -P,umw ourrha.inn -+ _ a _
STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came ........
� that he is the
}ss:
PUBLISHER'S AFFIDAVIT .239Y 089CIF c.c.
re
who being first duly sworn, according liter, says
HENDERSON �
TNG CLER ...._.............
.............•...... publication o
Daily Newspapers Published at Corpus Christi, Texas,,in said County and State, and that the p
RST READING..... •: �.._............................_._.__..�
............... °Y.
BILLIE_ J .._
us Christi Times,
��..... K of the Corpus Christi Caller end The Corp
NOTICE OF PASSAGE OF ORDINANCE ONFI ST R_•-,_•-ING......_
-• was published in COR_PUS-,_CHRISTI_ CALLER -TIMES
1...,
of which the annexed is a true copy, thereafter
on the.3r.d.. day of......._.. AIIGU - .__.19..81.-, and once each....... clay-.---------
consecutive clay
.......... .-.........Times.
24.60
BILLIE J. HENDERSON
11thy August
Subscribed and sworn to before me this day of. ---.....---••-r ••....
ae
-LOIS NINN67\1 ti f._...•_-_..
•
Notary Public, Nueces County, Texas
4144
CNU,IC RSS.---
OF ORDINANCE
ON -FIRST -READING
rAUTHORIZIItG THE CITY
MANAGER TO F.)(ECUTE
.(,,
A S CHRISTI
WITH HE COR-
PUS CHRBANK AND
TRUST IN ACCORDANCE
WITH ARTICLE IX, SEC-
TION 29, OF THE CITY
CHARTER FOR THE LEAS-
ING OF CERTAIN AERIAL
PREMISES, ALL AS MORE
,FULLY SEV'FORTH IN
THE LEASE, A SUB-
STANTIAL COPY OF
WHICH IS ATTACHED
HERETO AND MADE A
PART HEREOF.
Notice is hereby given that
the City Council of the City of
Corpus Christi, has on the
29th day of July,approved on
first reading te aforemen-
tioned ordinance. The full
tvfl of said ordinance lit
evd'llable to the public in the
�OfflcN-o'Fthe. City-Saaetar Y
Nyitna s my hand this JOt
81 y✓, • ' day of July 1981
STATE OF TEXAS,
County of Nueces.
}Bs :
PUBLISHER'S AFFIDAVIT v.279462
CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came .......... ...
BILLIEJ. HENDERSON
, who being first duly sworn, according to law, says that he is the
ACC.O.UN.T.IN.G....CLE.RK 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 ON SECOND READING......
of which the annexed is a true copy, was published in ..QCIET.LIS....feI ST.I._D.A.+T,F,.E.-.2IIIF$_...__._. _ .,
on the 1 Ot}tay of AUGUST _ .19 81, and once each day thereafter for_____________.
congecutive day
_._pxux Times. 1-
$- 30.34 BILLIE J. HENDERS 1r S6)-,
Subscribed and sworn to before me this 11th day of AUGUST 19 81
• LOIS WINNk
Notary Public, Nueces County, Texas
OF ORDINANCEON
SECOND,READING •
AUTHORIZING 'THE
CITY MANAGER TO EXE-
CUTE A LYASE WITH THE
CORPUS CHRISTI BANK
AND TRUST IN ACCORD-
ANCE WIh ARTICLE IX,
SECTION 23 OF T+tE CITY
CHARTERFOR THE LEAS-
ING OF CERTAIij AERIAL
PREMISES, ALL AS MORE
FULLY SET FORTH IN
THE LEASE A SUB-
STANTIAL COPY OF
WHICH IS ATTACHED
HERETO AND MADE A
PART HEREOF.
Notice is hereby given that,
the City Council of the City of,
Corpus Christi, has on the 5th,
day of August, 1981, approv
ed on second reading, previ
ously approved on first read
ing on July 29, 1981, the
aforementioned ordinance
The full text of said ordi-
nance is available to the pub
lic in the Office of the Cit
Secretary.
Witness my hand this 6th
day of August 1981
-s-Bi11`U"Rea
-City Secreta
„--,.'CorQbb Christi,
fwloTexta
4