The URL can be used to link to this page

Home My WebLink About17016 ORD - 05/05/1982 (2)4.; AN ORDINANCE AUTHORIZING AN AMENDED AGREEMENT WITH RUST PROPERTIES FOR THE LEASING OF CERTAIN AERIAL AND UNDERGROUND PREMISES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute an amended lease agreement with Rust Properties in accordance with Article IX, Section 29, of the City Charter for the leasing of certain aerial and underground premises, all as more fully set forth in the lease, a substantial copy of which is attached hereto as "Exhibit A," said lease being an amended version of the lease previously authorized by Ordinance 16790 passed December 20, 1981, and incorporating provisions of a certain • revocable easement authorized by Ordinance 16870 on February 2, 1982. 17016 SEP 28 1984 MICROFILMED -5---Sz• NOTICE: PORTIONS OF THIS LEASE ARE'SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITARTION ACT. TEX. REV.CIV.ANN. ARTICLE 224, ET SEQ. (VERNON 1973) 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 RUST PROPERTIES, a Texas general partnership, located in Austin, Texas, acting by and through its duly authorized general partners; (hereinafter called "Lessee"), for the consideration and upon the agreements hereinafter set forth. ARTICLE I' DEMISE OF LEASED PREMISES For and in consideraion,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 the "Aerial Leased Premises"), the pre- mises more particularlY described in Exhibit "B" attached hereto (hereinafter called the "Overhang Leased Premises"), the premises more particularly described in Exhibit "C" attached hereto (herein- after called the "Garage Foundation Leased Premises"), the premises more particularly described in Exhibit "D" attached hereto (herein called the "Utility Vault Leased Premises") and the premises more particularly described in Exhibit "E" attached hereto (hereinafter called the "Air Vents Leased'Premises"). A plat showing'the location of the Utility Vault Leased Premises and the Air Vents Leased Premises also is attached hereto. This Lease is made pursuant to the authority granted in, and in accordance with the provisions of Article IX, Section 29 of Lessor's City Charter. All such premises covered by this Lease and described in ExhibitsA, B, C, D and E, sometimes shall be collectively called the "Leased Premises". ARTICLE II LEASE TERM Section 2.01 - Length. This Lease shall be for a term of sixty (60) years beginning May 5, 1982, and ending at midnight on May 4, 2042, subject, however, to earlier termination as hereinafter provided. Section 2.02 - Holding Over by Lessee. If Lessee, or its succ- essors and assigns, 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 THIRTEEN THOUSAND SEVEN HUNDRED SEVENTY AND N0/100ths DOLLARS ($13,770.00) 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 Overhang Leased Premises. As rental for the Overhang Leased Premises, Lessee agrees to pay Lessor the total sum of SIX HUNDRED AND NO/100ths DOLLARS ($600.00) as rental for the full term, which rental shall be paid by Lessee to Lessor upon exe- cution of this Lease. Section 3.03 - Rental for Garage Foundation Leased Premises, Utility Vault Leased Premises and Air Vents Leased 'Premises. As rental for the Garage FoundationLeased Premises, the Utility Vault Leased Premises. and the Air Vents Leased Premises, Lessee agrees to pay Lessor the total sum of TWO HUNDRED AND NO/100ths DOLLARS ($200.00) as rental for the full term, which rental shall be paid by Lessee to Lessor upon execution of this Lease. Section 3.04 - 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. 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 following purposes: (a) construction, installation, maintenance repair, removal and replacement within the Aerial Leased Premises of an enclosed structure (hereinafter referred to as the "structure"), which Structure will connect a certain proposed office building to be constructed on the real property (the "Building Site") described in Exhibit "F" and to be known as "Texas Commerce Plaza" with the parking facilities to be constructed on the real property (the "Garage Site") described on Exhibit "G", such real property being on the East and West sides of the Aerial Leased Premises, (b) to provide pedestrian and goods access through the Aerial Leased Premises, and (c) all other uses herein provided or incident thereto or inferable therefrom. Lessee may also use the Aerial Leased Premises for the construction, maintenance, repair or removal of the Building Overhang, more fully described hereinafter and on Exhibit "I", attached hereto, on N. Tancahua Street between Antelope Street and Buffalo Street. 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 and incorporated herein as Exhibit "H". Lessee shall make no substantial change in the architectural plan or the exterior appearance of the Structure, as they appear in Exhibit "P", without Lessor's consent, which consent shall not be unreasonably .withheld or delayed. 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 the "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 appli- cable City ordinances of Lessor. Section 4.03 - Use of Structure. The Structure and the Aerial Leased Premises shall be used for the movement of pedestrians and goods between the improvements and buildings now or hereafter constructed -3- on the Building Site and the Garage Site 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 distributed. Section 4.04 - Maintenance. Lessee shall safely maintain the Structure and regulate the use thereof so that the Structure or the use thereof will not be a hazard or danger to the person or prop- erty of the public using the street below the Structure. Section 4.05 - Minimum Elevation of Structure. Lessee agrees that no part of the Structure shall be lower than sixteen feet (16.0) above the crown of North Carancahua 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 such 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 structure's interference with surrounding street lighting. Section 4.07 - Removal of Facilities. Lessee shall, upon demand by Lessor, pay such charges as may be incurred by Lessor for the re- moval of any facilities, utilities or structures between the street lines and underneath the Structure which are made necessary by rea- son of the construction of the Structure. Section 4.08 - Signs. Lessee shall not maintain or allow any signs • on or within EaeStructure in such a manner that any such sign is visible from the outside of the Structure, except for such signs that may be required by this Lease or 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 -4- not within twelve (12) months from the date of such destruction commence reconstruction and thereafter carry it to completion with due 'diligence, upon sixty (60) days' prior notice from Lessor, this Lease shall terminate and end as to the Aerial Leased Premises as of the end of said twelve (12) month period or cessation of reconstruction with due diligence, whichever last occurs. Notwithstanding any such ter- mination, this Lease, however, shall in all respects, continue in full force and effect as to the Overhang Leased Premises, the Garage Founda- tion Leased Premises, the Utility Vault Leased Premises and the Air Vents Leased Premises. Section 4.10 - Entry by Lessor. Lessor, by its agents or, employees, and the leasehold Mortgage (as hereafter defined), 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 Structureforthe purposes herein- before described for a period of twelve (12) consecutive months for reasons other than destruction of the Structure, upon sixty (60) days' prior notice from Lessor, this Lease shall terminate and end as to the Aerial Leased Premises, but shall in all respects continue in full force and effect as to the Overhang Leased Premises; the Garage Founda- tion Leased Premises, the Utility Vault Leased Premises and the Air Vents Leased Premises. Section 4.12 - .Removal of Structure. Witbin 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, regard -7 less 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 within thirty (30) days therefrom. ARTICLE V OVERHANG LEASED PREMISES Section 5.01 - Construction of Overhang and Flagpoles in the Overhang Leased Premises. Lessor hereby grants Lessee the right to use the Overhang Leased Premises for the purpose of, and only for, the construction, maintenance, installation, repair, replacement, and removal above and upon such Overhang Leased Premises a building overhang (the "Overhang") and two flagpoles (the "Flagpoles"), plans for which are attached and incorporated herein as part of Ex- hibit "I". No substantial change shall be made to the ground level clearance or projection into the public right-of-way of the Overhang or location of the Flagpoles without the prior written consent of Les- sor which consent shall not be unreasonably withheld or delayed. Les- see's actions in accomplishing the foregoing and in its use of the surface of the right-of-way shall comply with applicable ordinances of the City of Corpus Christi. Section 5.02 - Maintenance of Overhang. Lessee shall safely main- tain the Overhang and regulate the use thereof so that the Overhang or the use thereof shall not be a hazard or danger to the persons or property of the public using the right-of-way below the Overhang. Section 5.02 - Destruction of the Overhang. If the Overhang is partially or totally destroyed for any reason whatsoever, and, if Les- see does not within six (6) months from the date .of destruction com- mence reconstruttion and thereafter carry it to completion with due diligence, then upon sixty (60) days' prior written notice from Les- sor, this Lease as to the Overhang Leased Premises shall terminate ' and end as of the end of said six (6) month period or the cessation of reconstruction with due diligence, whichever last occurs. Not- withstanding such termination, this Lease, however, shall in all re- spects continue in full force and effect as to the Aerial Leased Premises, the .Garage Foundation Leased Premises, the Utility Vault -6- Leased Premiese, and the Air Vents Leased Premises. Section 5.04 -.Removal of Overhang -and Flagpoles. Within forty- five (45) days after the termination of this Lease with respect to the Overhang Leased Premises, Lessee shall remove the Overhang and the Flagpoles at its own expense, regardless of Lessor's failure to demand removal or to give any notice, other than notice of termination that may be required by other provisions of this Lease. If Lessee fails to remove the Overhang or the Flagpoles in accordance with this Section 5.04, then Lessor may remove the Overhang and the Flagpoles and require Lessee to pay the expense of removal. ARTICLE VI GARAGE FOUNDATION LEASED PREMISES UTILITY VAULT LEASED PREMISES, AND AIR VENTS LEASED PREMISES Section 6.01 - Construction of Improvments in the Garage Founda- tion Leased Premises, Utility Vault Leased Premises and Air Vents Leased Premises. Lessor hereby grants to Lessee the right to use the Garage Foundation Leased Premises for the purpose of, and only for, the con- struction, maintenance, installation, repair, replacement and removal above, below and upon the Garage Foundation Leased Premises foundation pilings and footing, with permanent thirty-six inch (36") soldier piles to protect the excavation (the '6arage Foundation"). Lessor hereby grants to Lessee the right to use the Utility Vault Leased Premises for the pur- pose of, and only for, the construction, maintenance, installation,. repair,.replacement and removal above, below and upon the Utility Vault Leased Premises an underground utility vault and surrounding foundation improvements with permanent thirty-six inch (36") soldier piles to pro- tect the excavation (the "Utility Vault"). Lessor hereby grants to Lessee the right to use the Air Vents Leased Premises for the purpose of, and only for, the construction, maintenance, installation, repair, replace- ment and removal above, below and upon the Air Vents Leased Premises - 7 - underground air vents and surrounding foundation improvements with permanent thirty-six inch (36") soldier Piles to protect the excava- tion (the "Air Vents"). The construction shall be in compliance with all applicable laws of the State of Texas and all ordinances of Lessor and Lessee shall secure the necessary Building Permit from Lessor. Section 6.02 - Use of Adjacent Premises. Lessor hereby grants to Lessee the right to use so much of thepremises below, above and adja- cent to the Garage Foundation Leased Premises, the Utility Vault Leased Premises and the Air Vents Leased Premises (hereinafter referred to as the "Adjacent Premises") as may be reasonably necessary to construct, install, repair, remove and replace the Garage Foundation, the Utiltiy Vault and its surrounding foundation improvements and the Air Vents and their surrounding foundation improvements, provided, however, that Lessee's use of the Adjacent Premises shall comply with applicable City ordinances of Lessor. Section 6.03 - Restoration of Street, Sidewalks, etc. Upon the completion of the construction of the Garage Foundation, Utility Vault, and Air Vents, Lessee shall restore all streets, sidewalks, utilities, curbs and gutters within the Garage Foundation Leased Premises, Utility Vault Leased Premises, Air Vents Leased Premises and the Adjacent Pre- mises to their original or better condition and to the reasonable.satis- faction of Lessor. After the completion of the construction of the Garage Foundation, Utility Vault and Air Vents and the restoration of the streets, sidewalks and Adjacent Premises, the use of the Garage Founda- tion, Utility Vault and Air Vents shall not interfere with Lessor's or the public's use of such streets, sidewalks, curbs and gutters. Lessee shall contact the Water Division of Lessor for the location of an eight inch (8") waterline in Antelope Street and shall.contact the Gas Division for the location of a six inch (G") gas main in North Carancahua prior to the commencement of construction. - 8 - Section 6.04 - Maintenance of Garage Foundation, Utility Vault and Air Vents. Lessee shall safely maintain the Garage Foundation, Utility Vault and Air Vents and regulate the use thereof so that the Garage Foundation, Utility Vault and Air Vents or the use thereof shall not be a hazard or danger to the persons or property of the public using the right-of-way above the Garage Foundation Leased Premises, Utility Vault Leased Premises or Air Vents Leased.Premises Section 6.05 - Destruction of the Garage Foundation, Utility Vault and Air Vents. In the event the Garage Foundation, Utility Vault and Air Vents shall be totally or partially destroyed by fire, hurri- cane or other storm, explosion or other casualty, 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, X upon sixty (60) days' prior notice from Lessor, this Lease shall termin- ate and end as to the Garage Foundation Leased Premises, Utility Vault Leased Premises and Air Vents Leased Premises as of the end of said twelve (12) month period or the cessation of reconstruction with due diligence, whichever last occurs. Notwithstanding any such termination, this Lease, however, shall in all respects, continue in full force and effect as to the Aerial Leased Premises and the Overhang Leased Premises. Section 6.06 - Removal of Garage Foundation, Utility Vault and Air Vents. Within forty-five (45) days after the termination of the Lease with respect to the Garage Foundation Leased Premises, Utility Vault Leased Premises and Air Vents -Leased Premises, Lessee shall rd - move the Garage Foundation, Utility Vault and Air Vents at its own ex- pense, 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 Garage Founda- tion, Utility Vault and Air Vents in accordance with this section, then Lessor may remove the Garage Foundation, Utility Vault and Air Vents and require Lessee to pay the expense of removal within thirty (30) days therefrom. ARTICLE VII _INSURANCE AND INDEMNITY gection 7.01 - Insurance and Indemnity. Lessee shall maintain and keep in force during the term of this Lease, legally binding poli- cies ofinsurance for claims arising out of the construction, existence, use, operation, maintenance, alteration, repair or removal of the Structure, the Overhang, the Flagpoles, the Garage Foundation, the Utility Vault and the Air Vents and Lessee shall cause current certi- ficates of such insurance to be filed in the office of Lessor's City Secretary and all Leasehold Mortgagees. 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 and otherwise satis- factory to Lessor and all Leasehold Mortgagees. Such insurance shall be of the following types, and, subject to Section 7.02 of this Lease, in the following minimum amounts: 1. 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. Worker's Compensation and Employers Liability Insurance in the amounts and form required by the Worker's Compensation Act and the in- surance laws of the State of Texas, together with appropriate waiver of subrogations satisfactory to Lessor and all Leasehold Mortgagees. . The Comprehensive General Public Liability Insurance shall include Lessor and all Leasehold Mortgagees as additional insureds. The naming of Lessor and all Leasehold Mortgagees as additionalinsureds in such • , Comprehensive General Public Liability policies shall not thereby cause either Lessor or such Leasehold Mortgagees to be deemed a partner of joint venturer with Lessee in its business or in connection with the constructio or operation of the Structure, the Overhang, the Flagpoles, the Garage Foundation, the Utility Vault or Air Vents. Said policies of insurance - 10 - 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 and all Leasehold Mortgagees at least fifteen (15) days prior to the effective date of such cancellation; and Lessee shall provide Lessor and all Leasehold Mortgagees with substitute certificates of insurance. Section 7.02 - Renegotiation of Insurance Amounts. Five (5) years from the date this Lease is executed, and at five (5) year intervals thereafter, either Lessor or Lessee (with the approval of all Leasehold Mortgagees) may initiate renegotiation of the amounts of the insurance required by Section 7.01 of this Lease by notifying the other party within one (1) month after the beginning of the new five (5) year ipriod, of its desire to do so. In renegotiating the insurance amounts, the parties shall seek to agree on "amounts which are commercially reasonable in lighh of all the circumstances, including changes in the cost of living and changes in the tort claims experience of businesses and governmental en- tities 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 ar- bitration, the arbitrator to be chosen in accordance with the rules of the American Arbitration Association. Section 7.03 - 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, the Overhang, the Flagpoles, the Garage Foundation, the Utility Vault or the Air Vents except such claims or causes of action which arise from the negligence or willful misconduct of Lessor, or its agents or employees - 11- ARTICLE VIII DEFAULT Section 8.01 - Lessor's Remedy for Default. Subject to Article IX below, if 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 condi- tions to be.kept, observed and performed by Lessee, and any such de- fault 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 terms of this Lease ended and terminated by giving Lessee , written notice of such termination. Section 8.02 - Waiver of Rights. The failure of Lessor or Lessee to insist on strict performance of any of the terms, covenants, or con- ditions 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 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, covenant or condition of this Lease. ARTICLE IX FINANCING Section 9.01 - Lessee's Right to Finance. Lessee shall from time to time and at any time have the right to encumber by mortgage, deed of trust, security agreement or other instrument in the nature thereof (collectively, a "Leasehold Mortgage"), as security for any indebtedness or obligation, its right to use and occupy the Aerial Leased Premises, the Overhang Leased Premises, the Garage Foundation Leased Premises, the Utility Vault Leased Premises, and the Air Vents Leased Premises; the leasehold estate created hereby; all other right, title and interest in and to the Aerial Leased Premises, the Structure, the Overhang Leased Premises,the Overhang, the Garage Foundation Leased Premises, the Garage Foundation, the Utility Vault Leased Premises, the Utility Vault, the Air Vents Leased Premises and the Air Vents, as well as in and to any and all other improvements, fronitime to time, located on the Aerial Leased Premises, the Overhang Leased Premises, the Garage Foundation Leased premises, the Utility Vault Leased Premises and the Air Vents Leased Premises, and any other property so affixed there- to as to be a part thereof. Any Leasehold Mortgage from Lessee shall be subject and subordinate to all terms and provisions of this Lease and the rights of Lessor hereunder. Within thirty (30) days from the date of the execution and delivery of any Leasehold Mortgage, the original counterpart.thereof shall be filed of record in the real estate records of Nueces County, Texas, and a copy of same duly certified as filed for record by theCounty Clerk of Nueces County, Texas, and shall be furnished to Lessor. Section 9.02 - Leasehold Mortgagee's Right to Notice. If at any time after execution and recordation in Nueces County, Texas, of any Leasehold Mortgage, the mortgagee, beneficiary or trustee there- under (collectively, a "Leasehold Mortgagee-!) shall notify Lessor in writing that any such Leasehold Mortgage has been given and executed by Lessee, and furnish Lessor with the address to which such Lease- hold Mortgagee desires copies of notices to be mailed (or designate some'persofi or corporation aS purpose of receiVing will thereafter mail its agent and representative for the copies of notice)., Lessor hereby agrees that it to such Leasehold Mortgagee or agent thereof, at the address so given, duplicate copies of any and allnotices in writing which Lessor may from time to time give or serve upon Lessee under and pursuant to the terms and provisions of this Lease. Section 9.03 - Leasehold Mortgagee's Right to Cure Default. Any such Leasehold Mortgagee, at its option, at any time within thirty (30) additional days after the rights of Lessee would have been forfeited to Lessor, as provided for hereinabove, may pay any of the rents due hereunde3 or may provide any insurance, or may pay any taxes and assessments, or make any repairs and improvements, any other act or thing to make any the terms of this Lease, or may do or may make any deposits, or may do other payment required of Lessee by any act or thing which may be necessary and proper to be done in the observance of the covenants and conditions of this Lease, or to prevent the forfeiture of this Lease; and all pay- ments so made and all things so done and performed by any such Lease- hold Mortgagee shall be effective to prevent a forfeiture of the rights of Lessee hereunder as the same would have been timely done and per- formed by Lessee instead of by any such Leasehold Mortgagee; provided, however, if any such default by Lessee shall not be reasonably susceptible of cure within such thirty -day period by any such Leasehold Mortgagee, the/ such Leasehold Mortgagee shall have a reasonable time under the circum- stances in which to commence to cure and to cure such default. Any Lease- hold Mortgage so given by Lessee may, if Lessee desires, be so conditioned as to provide that if between any such Leasehold Mortgagee and Lessee, said Leasehold Mortgagee, on making good in performing any such default or defaults on the part of such Lessee shall be thereby subrogated to, or put in the position of the assignee of, any or all of the rights of Lessee under the terms and provisions of this Lease and Lessor shall upon the re- quest of such Leasehold Mortgage recognize such subrogation or assignment. Section 9.04 - Leasehold Mortgagee not Liable. No Leasehold Mort- gagee shall be or become liable to Lessor as an assignee of this Lease or otherwise and no assumption shall be inferred from the result from foreclosure and sale (or conveyance in lieu thereof) or other appropriate proceedings in the nature thereof or as the result of any other action or remedy provided for by any Leasehold Mortgage, or from the conveyance from Lessee in lieu thereof pursuant to which the purchaser at foreclosure, or assignee or grantee in conveyance in lieu thereof, shall apply the rights and interests of Lessee under the terms of this Lease; provided, however, any such Mortgagee or purchaser shall be liable to Lessor for the payment or performance of Lessee's obligations hereunder accruing during the.period any such Leasehold Mortgagee or purchaser holds the leasehold estate hereunder. Section 9.05 - No Modifications without Leasehold Mortgagee's Consen Neither Lessor nor Lessee shall modify, amend, or supplement this Lease without the prior written Consent of the holder of any Leasehold Mortgage - 14 - who has given notice to Lessor of such Mortgage as stated in Section 9.02 above. ARTICLE X MISCELLANEOUS PROVISIONS Section 10.01 - 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, con- ditions, 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. Section 10.02 - 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 addresed as follows: To Lessor at: City of Corpus Christi 302 South Shoreline P. 0. Box 9277 Corpus Christi, Texas 78408 To Lessee at: Rust Properties 702 Colorado, Suite 600 P. 0. Box 2026 Austin, Texas 78767 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 Lessor's City Manager unless some other provision of this Lease requires a particular notice to be sent to a different specified officer of Lessor, in which case the notice shall be addressed to the attention of that officer. Section 10.04 - Binding Agreement. Lessee may, from time to time, sell, assign or sublease the leasehold estate hereunder in its entirety, or any portion thereof, or any of the other rights, titles, and interests of Lessee hereunder, at any time and from time to time, and the right of Lessee, or any successor of Lessee, may pass by operation of law. it is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed - 15 - by the respective parties, shall be binding on the said parties, and their respective successors and assigns. Section 10.05 - Other City Ordinances. This Lease and the or- dinanceunder which it is e%.ccuted shall not operate to repeal, rescind, modify or amend any ordinances or resolutions of Lessor relating to the use and 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. EXECUTEdayof /fly D this , 1982. ATTEST: LESSOR: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Edward A. Martin, City Manager APPROVED: day of J. BRUCE AYCOCK By: AssisLanL, LiEy-Attorney APPROVED: , 1982 Assistant City Manager -16-- LESSEE: RUST PROPERTIEf /74 f. By: 7/ //‘ ( / ' U5--` / // ene(a]) Partner 1,271-4-11i44 ,/General Partner THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 1982, by Edward A. Martin, City Manager for the City of Corpus Christi, Texas, and on behalf of said City. Notary Public in and for the State of Texas. My Commission Expires: THE STATE OF TEXAS COUNTY OF MOBEgS. This instrument was acknowledged before me on 3 , 1982, by Jek A. , General Partner of Rut Properties, a Texas corporation, on behalf of said corporabion. Notary Public in and for the State of Texas. T4'ilre5t My Commission Expires: THE STATE OF TEXAS S TANts S COUNTY OF NBE*PES S This instrument was acknowledged before me on A 1982,4t 3 by Tito,-LA.5 19, fra..0 c is , General Partner of Rust/Pro- perties, a Texas corporation, on behalf of said corporation. JVaLGI.J.7(1,tA„ Notary Public in and for the State of Texas. Tirwicc- My Commission Expires: THE STATE OF TEXAS COUNTY OF NUECES This instrument instrument was acknowledged before me on 1982, by , City Secretary for the City of Corpus Christi, Texas, and on behalf of said City. Notary Public in and for the State of Texas. My Commission Expires: STATE OF TEXAS COUNTY OF NUECES Aerial Leased Premises across North Carancahua Street from Block 5 to Block 20, Bluff Portion of Corpus Christi, Nueces County, Texas, said premises being more particularly described by metes and bounds as follows: BEGINNING at a point on the East boundary of North Carancahua Street, which boundary is also the West boundary of said Block 5, for the Northeast corner of these premises, from which corner the Northwest corner of said Block 5 bears North 0'50'15" East, 134.57 feet; THENCE South 0°50'15" West, along the West boundary of said Block 5, 19.76 feet to a point for the Southeast corner of these premises; THENCE North 44°3830" West, across North Carancahua Street, 84.30 feet to a point on the West boundary of North Carancahua Street, which boundary is also the East boundary of above mentioned Block 10,- for the Southwest corner of these premises; THENCE North 0°48'00" East, along the East boundary of said Block 10, 19.76 feet to a point for the Northwest corner of these premises, from which corner the Northeast corner of said Block 10, bears North 0°48East, 75.41 feet; THENCE South 44°38'30" East, across North Carancahua Street, 84.30 feet to the POINT OF BEGINNING. The bottom of these premises to be a minimum of 16.0 feet above the center— line crown of North Carancahua Street below it. EXHIBIT "A" ez/A:a41.0 57:eger IN tk3 . It3 N tA N. \' t) N/ *4 el. Cci dt/W eoz. escoal4 6 oy vv exyieqr /141/ Lozteo frzemie5 6.41/ 14/.41,4 G5Orrati P€6,0/565 ro 4iel/N/A11/41 ap / 0. .z-e'r Agave AeowN 0 /velem e40.69AicANui e•ei_or/ /77 AM, UR ENGINEERING CORPUSCHRISTI TEXAS 047'4: f -r./-82 6CiLE Jo 6 NO.: 41734c 0/ STATE OF TEXAS COUNTY OF NUECES Overhang leased premises within Tancahua Street adjacent to Block 10, Bluff Portion of Corpus Christi, Nueces County, Texas, said premises being more particularly described by metes and bounds as follows: BEGINNING at a point on the East boundary of North Tancahua Street, which boundary is also the West boundary of said Block 10, for the Southeast corner of these premises, from which corner the Southwest corner of said Block 10 bears South 0°48'00" West, 98.67 feet; THBNCE North 89'12'00" West, 6.75 feet to a point within North Tancahua Street for the Southwest corner of these premises; THENCE North 0°48'00" East, parallel to said East boundary of North Tancahua Street, 116.0 feet to'a point for the Northwest corner of these premises; THENCE South 89°12' East, 6.75 feet to a point on said EastIoundary of North Tancahua Street, for the Northeast corner of these premises; THENCE South 0°48'00" West, along said East boundary of North Tancahua Street, 116.00 feet to the POINT OF BEGINNING. EXHIBIT "B" TA NCA H IJA 5 89' 'WOO" E 6.75. ?48,/z. oo" W 6.75' EXHIBIT B souTilwEsr coRWER or BLocic /o OVERHANG LEASED PREM/5ES nposT orncr ovERHANG" • 10 ANTELOPE STREET UR AN. ENGINEERING CORPUS CHRISTI TEXAS DATE: 4-29-8.2 ScALE: 1-.20' Joa W0. 8934,o/ , STATE OF TEXAS, t„, County of Nueces. ) PUBLISHER'S AFFIDAVIT v 366468 CITY OF C.C. - Before me, the undersigned, a Notary Public, this day personally came BILLIE J. HMIDERSON 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 NOTICE OF PASSAGE OF ORDINANCE OF FIRST READING„ „. 1, of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER TIMES 26th APRIL As on the............ day of 19 82 , and once each day thereafter for ane c /consecutive dayit one Times. 19.80 8 - Subscribed and sworn to before me this 29th ay of AIL - 19 82 09 -1A -d -r Notary Public, ueces County, Texas EDNA KOSTER iterie:rdNior.rea SlItrieLeg two:rcsf&ii , '424 -ORDINANCE ON ..-F4r.RST REAbl NG Aret,e, -H rfI.22 I N N A7OIEN0ED AGREEMENT 977TH RUST PROPERTIES F.ErR THE LEASING OF CERTAIN AERtAL AND RGROUND PR EM.. STS7 Eras passed ran first read. ouX15y the City C.ouncil • the CIty ofas o lst da 82. ir full °refl. p is able to the pub- lic -TO the Office of the City' Secretary. .5-1141-6-. Read, Christ :Texa STATE OF TEXAS COUNTY OF NUECES LI ERMAN ENGINEERING CORPUS CHRISTI. TEXAS P. O. SOX 6355, 2725 SWANTNER CORPUS CHRISTI, TEXAS 78411 PHONE 854-3101 EXHIBIT C May 4, 1982 Job No. 18734.01 Garage foundation easement within Antelope Street, North Tancahua Street and Buffalo Street adjoining Block 10, Bluff Portion of Corpus Christi, Nueces County, Texas, said easement being more particularly described by metes and bounds as follows; BEGINNING at the Northwest corner of said Block 10, for an interior corner of this tract; THENCE South 0°48'00": West, 301.50 feet to the Southwest corner of said Block 10, for another interior corner of this tract; THENCE South 89°15'30" East, 150,00 feet to the Southeast corner of Lot 12, said Block 10 for a corner of this tract; THENCE South 0'4800" West, 3.90 feet into Antelope Street for the Southeast corner of this tract; THENCE North 89°15'30" West parallel to the South boundary of said Block 10, 153.21 feet to a point for the Southwest corner of this tract; THENCE North 0°4800" East, parallel to and 3.21 feet Westerly of the East' boundary of North Tancahua Street which boundary is also the West boundary of said Block 10, 307.50 feet to a point for.the Northwest corner of this tract; THENCE South 89°15'30" East, parallel to and 2.25 feet Northerly of the North boundary of said Block 10 which boundary is also the South boundary of Buffalo Street, 155.21 feet to a point for the Northeast corner of this tract; THENCE South 0°48'00" West, 2.25 feet to the North boundary of Lot 6, said Block 10 for a corner of this tract; THENCE North 89°1530" West, along the North boundary of said Block 10, at 2.0 feet pass the Northwest corner of said Lot 6, which corner is also the North- east corner of Lot 7, said Block 10, in all a distance of 152.0 feet to the POINT OF BEGINNING. 0) URBAN ENGINEERING George M. Pyle, R.P.S. GMP:ak tc 0 2 °P0X.ITO aE.GiuLtiuG" -13U-F FAL° STREET S 8g*I5'.90"E ,5. 21• NJ 89' 15.20.. Iki NORTHWEST CORUCR Or E.LCCK 10 7 150.00' z.. 1.1 oRTlsT Com.sr...e 1 - 5 048' 00" W 301.50' • r. *C\ 1Z sourilwesT CORNER OF I3LOCK 1 0 rs; S 85* 15' SO* a 50uTH EAST CONS LOT I 2. iso.00' .••• 5.5 4 2. ew• 80*PJ 155. at' STREE-r EXHIBIT 'C." GARAGE FOut-IDATiol.i EA'3EME1JT U MAN ENGINEERING conPus CHRISTI TEXAS 1 JOB No. 167-34.01 SCALE 1" • 40' 0A75.. 5-4-82 STATE OF TEXAS COUNTY OF NUECES Foundation and utility vault leased premises within North Carancahua Street adjacent to Block 5, Bluff Portion of Corpus Christi, Nueces County, Texas, said premises being more particularly. described by metes and bounds as follows: BEGINNING at a point on the East boundary of North Carancahua Street which boundary is also the West boundary of said Block 5, for the So‘itheast. corner of these premises from which corner the Southwest corner of said Block 5 bears South 0'50'15" West, 68.44 feet; THENCE North 8938'30" West 12.28 feet to a point for the Southwest corner of these premises; THENCE North 0°21'30" East, 101.62 feet to apoint for the Northwest corner of these premises; r THENCE North 46'21'30" East, 18.39 feet to a point on the West boundary of said Block 5, for the Northeast corner of these premises, from which corner the Northwest corner of said Block 5 bears North 0°5015" East 129.60 feet; THENCE South 0°50"15" West, along the West boundary of said Block 5, 113.40 feet to the POINT OF BEGINNING. GMP:ak URBAN ENGINEERING George M. Pyle, R.P.S. EXHIBIT "D" UTILITY VAULT LEASED PREMISES (WITH SURROUNDING FOUNDATION IMPROVEMENTS) STATE OF TEXAS COUNTY OF NVECES Foundation and air vent leased premises within Antelope Street adjacent to Block 5, Bluff Portion of Corpus Christi, Nueces County, Texas; said premises being more particularly described by metes and bounds as follows: BEGINNING at a point on the North boundary of Antelope Street which boun- dary is also the South boundary of said Block 5, for the Northwest corner of these premises from which corner the Southwest corner of said Block 5 bears North 89°3830" West, 71.93 feet; THENCE South 89°38'30" East, along the South boundary of said Block 5, 14.08 feet to a point for the Northeast corner of these premises; THENCE South 0°21'30" West, 9.50 feet to a point for the Southeast corner of these premises; THENCE Berth 89°38'30" West, 14.08 feet to a point for the Southwest corner of these premises; THENCE North 0°22'30" East, 9.50 feet to the POINT OF BEGINNING. GPIP:ak URBAN ENGINEERING q2),6 George M. Pyle, R.P.S. EXHIBIT "E" AIR VENTS LEASED PREMISES (WITH SURROUNDING FOUNDATION IMPROVEMENTS) PAGE ONE OF TWO PAGES STATE OF TEXAS COUNTY OF NUECES Foundation and air vent leased premises within Antelope Street adjacent to Block 5, Bluff Portion of Corpus Christi, Nueces County,.Texas; said pre- mises being more particularly described by metes and bounds as follows: . BEGINNING at a point on the North boundary of Antelope street which boun- dary is also the South boundary of said Block 5, for the Northwest corner of these premises from which corner the Southwest corner of said Block 5 bears North 89°38'30" West, 108.04 feet; THENCE South 89°38'30" East, along the South boundary of said Block 5, 12.75 feet to a point for the Northeast corner of these premises; THENCE South 0°21'30" West, 9.50 feet to a point for the Southeast corner of these.premises; THENCE North 89°38'30" West, 12.75 feet to a point for the Southwest corner of these premises; ' THENCE North 0°21'30" East, 9.50 feet to the POINT OF BEGINNING. URBAN ENGINEERING XirKU 'George M. Pyle, R.P.S. GMP:ak EXHIBIT "E" AIR VENTS LEASED PREMISES (WITH SURROUNDING FOUNDATION IMPROVEMENTS) s PAGE TWO OF TWO PAGES \t‘ .010441T.2.....625= Ii. 16 # 0/ '30"e /5.3V ' "ct" 1/77L/71 vdziLr 4-615E0 ezEM/5e45 eXiMeir /k. " dh veNr Leeseo pze*wes 00° .01 /"A/ 1/P.40 vlar 1645e1, PPE4/15E-51- , z doer,/ kt% 5 00' 60 60.44' /2.2g ao° .947".0 c..4e.owco.4/al • U IMAM ENGINEERING CORPUS CHAISti TAS gere:d-v-ez IL: /'5' J�54'. T.. alliffeil Field notes for Lots 1, 2, 3, 4, 9, 10, 11 and 12, Block 5, BLUFF PORTION OF CORPUS CHRISTI, a map of which is recorded in Vol. A, Pages 2 and 3, Map Records of Nueces County, Texas; BEGINNING at the point of intersection of the East right-of-way of North Carancahua Street with the North right-of-way of Antelope Street for the SW corner of said Lot 12, the SW corner of said Block 5, and the SW corner of this survey; THENCE North 000 50' 15" East, along the aforementioned East right-of-way of North Carancahua Street, same be- ing the West boundary of Lots 12-9, Block 5, 200.96 feet for the NW corner of said Lot 9 and the NW corner of this survey; THENCE South 89° 38' 30" East, along the North boundary of said Lots 9 and 4, 303.21 feet to a point on the West right-of-way of North Upper Broadway for the NE corner of said Lot 4 and the NE corner of this survey; THENCE South 01° 03'00° West, along the aforementioned West right-of-way,same being the East boundary of said Lots 4-1, Block 5, 200.96 feet for the SE corner of said Lot 1, the SE corner of said Block 5, and the SE corner of this survey; THENCE North 89° 38' 30" West, along the aforementioned North right-of-way of Antelope Street, same being the South boundary of said Lots 1 and_12, 302.46 feet for the POINT OF BEGINNING and containing 1.397 acres of land. EXHIBIT "F" Field notes for Lots 9, 10, 11 and 12, Block 10, BLUFF PORTION OF CORPUS CHRISTI, a map of which is recorded in Vol. A, Pages 2 and 3, Map Records of-Nueces County, Texas; BEGINNING at the point of intersection of the East right- of-way of North Tancahua Street with the North right-of- way of Antelope Street for the Southwest corner of said Lot 12, the Southwest corner of said Block 10 and the Southwest corner of this survey; THENCE North 000 48' 00" East, along the aforementioned East right-of-way of North Tancahua Street, same being the West boundary of Lots 12-9, 201.00 feet for the Northwest corner of said Lot 9 and the Northwest corner of this survey; THENCE South 89° 15' 30" East, along the North boundary of said Lot 9, 150.00 feet for the Northeast corner of said Lot 9 and the Northeast corner of this survey; THENCE South 000 48' 00" West, along the East boundary of said Lots 9-12, 201.00 feet to a point on the aforementioned North right-of-way of Antelope Street for the Southeast corner of said Lot 12 and the Southeast corner of this survey; THENCE North 89" 15' 30" West, along said North right-of- way, same being the South boundary of said Lot 12, 150.00 feet for the POINT OF BEGINNING and containing 0.692 acres of land. EXHIBIT "G" • •••• ‘..; •. • , i!•747"1-( ; I f''r r r-" r- .• • , . . . • • • • • . . . - • . • - . • , • ''. [ • , . , 1 i i •,- 1,-;;:..., - , c••-•...,...1,,_._• ____,. L _ . ' t _ • .• - - • ' • I ; . 1 ; '•• 1 1 ' : , : •• .... :. ' ..........•: : • • • LT., • L- • • • ,-" : - • . • - ••••• A ft 71, EVAT 1 41 A • • - I •- . • . ' . •.....• • „sr: ; • — ; • ••111;•i ; „ I -- • • irer•—/ • • [ .v1 ;•• • • • • en.LAS•t ..11:44's2t.1;1'."11g: '''''''''''''''''''' • ./...c.trigta •:•---;•••'L.6/.10.1./.inas• • • • •• • :•.,„; • . 1•• -EVAT I 0 L:•;1 ' 1•6.. i••• - ..;•••J - • '.• • •• • ••• I MORRIS.AUDRY. ARCH, . • • • . t ' • fr2 httl ••-• . _ . . . •••,• -3-1;••••"414-4- 4.P.4 ;••• • •-;,•. 4•••4••••••••• reriVig4V-: 2TVA t •,-1 , ' • .-4 ;...,a7;4•• — —.UR, •ii...24414, err... ...4.1 v.. ' • .144.14.1•1 I =At.. 40.7:10.A Cr.7 • ; '" 1..1{P.,.....-Wacemeat• c•.: r.; Oto ., ..........,..,.....-....... -.. ..., ....••••••••“,,,,,,.....••••••-; 7.• ,—Mli1;474111,V12.- • '-', 4 ....,...cov ............... , - • . -:•••••:•• 441',V.A1, • - • ' - • 714.7,i,•••••• • •144•• ; • • " ••- 4'44. .14 .4 4-•0. • •••••;,..; •••::14.--!. 4,1;1:4,4. - • • I • 4 . ,44.„.. • • •.t.,,* , . . .11 ' ' „ r..4:4•442", --,— ...4.,.? i, -...--..—fr . d •.. .. • • ,. • . -',.:','!,;;1•'.; ..'..; •1 ; 4. - •••—•„‘_.;,..., _•'' ..--...-:-/ -.• •• ''' / ; • ; ••4 ';',...,:: .. 4. , ,,,-,-,•4 ...• ;::47,.... ...1..‘,..•- ,.44;..-;..•:.4:.........-..—, _r 1- "..• 1., ,;.;•.,••:.',f",!'e.....,•'',..;• ::. ..' - . . • --......-.. • , , - • . -. •44' ;:.:...s•7•1 ;r:..;• i T • • • • , •, , ,—• . • • r 11 z•.., •••• • • • •,•:. • s That the foregoing ordinance w read for first time nd passed to its --second reading on this the ..1/ day of ,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 x read for third reading on this the -day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoin ordinance was read for the tUrd time on this the day of k../(m('N , 191b— by Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Or. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the day of aff, , 19 ATTEST: passed to its , by the and passed finally the following vote: Cit Secretary . APREED DAY OF J. BRUCE AYCOCK, MAYO 19016 19016 1 THE TY. OF CORPUS CHRISTI, TEXAS