HomeMy WebLinkAbout17753 ORD - 08/03/1983AN ORDINANCE
AUTHORIZING A 40 -YEAR LEASE AGREEMENT WITH BAYFRONT
ASSOCIATES, LTD., FOR THE DEVELOPMENT OF A NEW LAND MASS
NORTH OF THE PEOPLES STREET T -HEAD AND RELATED BOAT
SLIPS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
40 -year lease agreement with Bayfront Associates, Ltd., for the development
of a new land mass north of the Peoples Street T -Head and related boat slips,
all as more fully set forth in the lease agreement, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit "A", and that
the City Council finds and determines that Bayfront Associates, Ltd. is
making an investment which relates reasonably to the value and length of such
lease.
SEP 28 »Q4
!ROBIN'
/3/83 FINAL DRAFT
THE STATE OF TEXAS
COUNTY OF NUECES
'EXHIBIT"A"
GROUND LEASE AGREEMENT
THIS GROUND LEASE AGREEMENT ("Lease Agreement") is made and
entered into this day of August, 1983 by and between the
CITY OF CORPUS CHRISTI, Texas, a municipal corporation organized
under the laws of the State of Texas ("City"), and BAYFRONT
ASSOCIATES, LTD., a Texas limited partnership ("Lessee").
WHEREAS, the State of Texas has conveyed by Letter Patent
and Legislative Action, certain submerged land lying and situated
under the waters of the Corpus Christi Bay to the City; and
WHEREAS, City adopted on December 29, 1982, that certain
Bayfront Plan, and designated "Reinvestment Zone Number One", for
the development of the Central Business District and Marina for
the revitalization of the City's downtown area and Corpus Christi
Beach for the benefit of City residents and visitors, said plan
being incorporated by reference; and
WHEREAS, on August 18, 1982, the City solicited proposals
for the development of a land mass ("Land Mass") and improvements
thereon to be located within the Municipal Marina, to the north
of the Peoples Street T -Head; and
WHEREAS, on March 23, 1983 Lessee was selected by the City
Council for negotiation between City and Lessee for the develop-
ment of said land mass and improvements thereon; and
WHEREAS, the City and Lessee have reached an agreement for
the construction and development of a land mass and improvements
thereon to be located north of the Peoples Street T -Head.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That the City and Lessee for and in consideration of the
exchange of mutual covenants and conditions, agreements and
stipulations herein contained and set forth, do hereby contract,
covenant and agree as follows:
ARTICLE 1
Escrow Deposit.
1.01 Lessee shall cause to be delivered to the City on or
before October 3, 1983, an irrevocable Letter of Credit payable
to the City in the amount of One Hundred Thousand and No/100
Dollars ($100,000.00) from a reliable financial institution or
lender, said Letter of Credit to be drawn upon by the City as
liquidated damages should Lessee fail to commence construction of
the Land Mass within eighteen (18) months of the date hereof and
this Lease Agreement has not otherwise been terminated pursuant
to the termination provisions herein. It is expressly agreed by
the parties that the City shall not draw on said Letter of Credit
unless the Corps of Engineers shall have issued the appropriate
permit or permits for the construction of the proposed Land Mass
and piers in substantially the configuration attached hereto as
Exhibit "A" and unless the Survey is agreed upon pursuant to
Paragraph 2.02 hereunder, and the said Letter of Credit may
expressly so condition its payment. The date for commencement of
construction may be extended by the mutual written agreement of
the parties.
1.02 Lessee shall immediately herewith commence the prepa-
ration and filing of an application for the necessary and appli-
cable Corps of Engineers permit, and this Lease Agreement is
expressly conditioned upon receiving the express approval of all
applicable federal, state and local governmental agencies of the
proposed Land Mass and improvements thereon within eighteen (18)
months of the date hereof. Upon request of Lessee, City agrees
to promptly join in the application and use all diligence in
assisting with obtaining all permits contemplated by this Lease
Agreement, provided, that such applications are in conformity
with the Plans and Specifications as approved in Article 7.
ARTICLE 2
Demise of Lease Property.
2.01 City for and in consideration of the rents, covenants,
and promises herein contained to be kept, performed and observed
by Lessee, subject to the terms, provisions and conditions
hereof, does hereby lease and demise to Lessee, and Lessee does
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hereby rent and accept from City, that submerged land and real
property in the City Municipal Marina designated on the attached
Exhibit "A" as six tracts designated as follows: Tract One, and
Tract Two, and Tract Three, which together constitute the "Land
Mass" or "Land Mass Tract", and Boat Slip Tract "A", Boat Slip
Tract "B", and Boat Slip Tract "C", all six tracts being herein
collectively referred to as the "Property". The Lessee or its
assigns shall have the right to raise and fill in such Property
with sand, soil, and dredged spoil from the Property, or sur-
rounding Municipal Marina, or otherwise, as approved by City and
Army Corps of Engineers; save and except that area designated as
Boat Slip Tracts "A", "B" and "C", which grant herein is limited
to construction, erection and maintenance of breakwaters, piers,
wharfs and boat slips.
TO HAVE AND TO HOLD the said Property and leased premises,
together with all rights, privileges, easements, appurtenances,
and immunities belonging to or in any way appertaining to said
Property to the extent same exist now or are created in the
future, if any, save and except rights of accretion, alluvion,
and other riparian and littoral rights incident to or pertaining
to the Land Mass, which are herein reserved to City. Provided
however, the Survey hereinafter described and the Property, shall
include sufficient submerged property or land far the construc-
tion and slope of the bulkheads, whereby all bulkheads and
breakwaters shall be included in the leasehold estate conveyed
herein, and be included in the Property. Provided further
however, this conveyance is made subject to all matters of record
in the County Clerk's Office, Nueces County, Texas, and the oil,
gas and mineral reservations by the State of Texas.
2.02 Within one hundred and eighty (180) days of the date
hereof, Lessee shall cause, at Lessee's sole cost and expense, to
be delivered to City a current plat or survey (herein referred to
as "Survey") of the subject Property prepared by a duly licensed
Texas surveyor acceptable to City and Lessee, setting forth a
description of the Property, and each designated Tract thereon,
by metes and bounds, and shall further be accompanied by a
written description of each Tract described by metes and bounds
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thereon. City shall have thirty (30) days after receipt of such
Survey to review same. In the event any portion of such Survey
is unacceptable to City, then City shall, within the thirty (30)
day period for review, give Lessee written notice of such fact.
Lessee shall promptly undertake to correct or modify all such
unacceptable portions to the reasonable satisfaction of City. In
the event City is unable to reasonably approve such corrected
Survey(s), Lessee or City may terminate this Lease, and the Lease
shall thereupon be null and void for all purposes and all depos-
ited funds or Letters of Credit shall be immediately returned to
Lessee.
2.03 Upon completion and approval of the Survey as herein
provided, but in no event less than two hundred and seventy (270)
days from the date hereof, the Property shall be specifically
described by metes and bounds for each respective tract and
attached hereto as an addendum to Exhibit "A", and thereafter be
incorporated by reference for all purposes herein.
2.04 The City does further GRANT, BARGAIN, SELL and CONVEY
unto Lessee, its successors and assigns, a permanent easement and
right-of-way on contiguous and adjacent piers, streets, and the
Peoples Street T-Head, during the term hereof, for the con-
struction and maintenance of the Land Mass on the Property, the
Boat Slips, docks and wharfs contemplated hereby, and all retain-
ing walls and breakwaters shown by Exhibit "A" or as necessary to
protect the Marina area encompassed by Boat Slip Tracts "B" and
"C", provided that said easement and right-of-way is in conformi-
ty with the Plans and Specifications as approved in Article 7.
City further agrees to reasonably grant such further written
easements to Lessee as are necessary to provide all necessary and
reasonable ingress and egress or access, and utility easements
for the commercial and public development of the Property, and
does so grant and convey said necessary and reasonable easements
to Lessee hereby.
2.05 City further grants, lets and demises unto Lessee, and
Lessee's employees, business invitees and agents, the non-
exclusive use of certain areas of the Peoples Street T-Head, as
follows: Any and all public roadways now existing thereon for
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purposes of ingress and egress to and from the Property, more
particularly Boat Slip Tracts "A" and "B", and automobile parking
areas appurtenant thereto sufficient to be in conformity with the
ordinances of the City.
2.06 City does further GRANT, BARGAIN, SELL and CONVEY unto
Lessee a permanent easement and right-of-way, during the term
hereof, across, through, upon or under the sea wall adjacent to
the Land Mass Tracts, for the construction and maintenance of
access ramps with appropriate curb cuts, the design and number of
which are subject to City's approval, sufficient and of a design
to properly facilitate and enhance the development of the Proper-
ty as contemplated herein.
ARTICLE 3
Term.
3.01 This Lease shall be for a term of forty (40) years
commencing on the day of August, 1983 (the "Commencement
Date") and ending on the day of August, 2023 (the "Expira-
tion Date"), subject to earlier termination as provided herein.
Lessee shall, upon delivery of one year's written notice to City,
have the option to extend the term of this Lease at a "fair
market rate" for an additional twenty (20) year period under such
reasonable and customary terms and consideration then available
for property in the City of Corpus Christi having a comparable
use.
3.02 This Lease shall terminate and become null and void
without further notice on the expiration of the primary term or
any extension thereof, and any holding over by Lessee after the
expiration of such term shall not constitute a renewal hereof or
give Lessee any rights hereunder in or to the Property.
ARTICLE 4
Conditions and Reservations.
4.01 Either party hereto may terminate this Lease Agree-
ment, and the parties thereafter shall have no further obligation
to each other hereunder if any one of the following conditions
precedent are not met:
(a) failure to obtain a United States Army Corps of Engi-
neers permit(s) according to terms and conditions
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reasonably acceptable to City and/or Lessee. In con-
nection therewith, Lessee shall exercise its best
efforts to prepare and submit all applications neces-
sary and required by the United States Army Corps of
Engineers for said Permit(s), and City agrees, provided
that such applications are in conformity with the Plans
and Specifications as approved in Article 7, promptly
upon request of Lessee to join, without cost to City,
in the applications and assisting with obtaining said
Permit(s).
(b) failure to obtain a change in zoning from "B-2" zoning
to "Special Use Permit" or other variance zoning under
the ordinances of the City, if Lessee elects to request
such said Special Use Permit.
(c) failure to obtain platting approval, if applicable, of
the proposed improvements or project under the ordi-
nances of City.
(d) failure to agree on the Survey as provided for in
Paragraph 2.02, or corrections or modifications there-
to.
4.02 If this Lease Agreement is terminated pursuant to this
Article, termination shall be effected by notice in writing
delivered to the other party hereto prior to the commencement of
construction. In the event of termination, all consideration or
deposits previously paid by Lessee to City, and the Letter of
Credit, if applicable, shall promptly be returned and neither
party shall have any further liability or obligation to the other
hereunder.
4.03 Lessee and/or City, at no cost to City if requested by
Lessee, may request a Private Letter Ruling from the Office of
the Internal Revenue Service for the United States of America
concerning that interest paid on any tax exempt bonds or
Industrial Development Bonds, which may be issued in connection
herewith, which may be excluded from income under Section 103 of
the Internal Revenue Code of 1954, as amended.
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ARTICLE 5
Rent.
5.01 Beginning on the first day of the first month of the
sixth year after the Date of Occupancy (as defined in
Paragraph 5.06) of Tract One, and again commencing on the like
date after the Date of Occupancy of Tract Three, in addition to
the performance by Lessee of the other terms, provisions and
covenants hereof, Lessee agrees to pay and remit unto City rent
for the applicable Property determined as follows:
(a) A monthly sum equal to one percent (1%) of the Gross
Receipts (as defined in Paragraph 5.04) on all retail
space, including restaurants.
(b) A monthly sum equal to five percent (5%) of the Gross
Lease Income (as defined in Paragraph 5.04) for all
boat slips for the preceding month.
(c) A monthly sum equal to five percent (5%) of the Net
Rental Income (as defined in Paragraph 5.04) for all
non -retail space for the preceding month.
Beginning on the first day of the first month of the eleventh
year after the Date of Occupancy (as defined in Paragraph 5.06)
of Tract One, and again commencing on the like date after the
Date of Occupancy of Tract Three, in addition to the performance
by Lessee of the other terms, provisions and covenants hereof,
the rentals for the applicable Property shall escalate to the
following amounts:
(a) A monthly sum equal to two percent (2%) of the Gross
Receipts (as defined in Paragraph 5.04) on all retail
space, including restaurants.
(b) A monthly sum equal to seven and one-half percent
(7.5%) of the Gross Lease Income (as defined in
Paragraph 5.04) for all boat slips for the preceding
month.
(c) A monthly sum equal to seven and one-half percent
(7.5%) of the Net Rental Income (as defined in
Paragraph 5.04) for all non -retail space for the
preceding month.
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The above percentage amounts established in the eleventh year
shall be adjusted automatically at the end of every ten year
period thereafter (each of which dates is referred to as an
"Adjustment Date") by multiplying such percentage amounts by the
percentage change in the Consumer Price Index, or its
replacement, published by the United States Department of
Commerce at the commencement of the eleventh year as compared
with the Consumer Price Index for the second month preceding the
applicable Adjustment Date; provided that, in no event shall the
rental rate on Gross Receipts for retail space be less than two
percent (2%) nor exceed four percent (4%) and the rental rate on
Gross Lease Income for all boat slips and Net Rental Income for
all non-retail space be less than seven and one-half percent
(7.5%) nor exceed ten percent (10%). Such percentage amounts
shall remain in effect until the next succeeding Adjustment Date.
5.02 All rentals as provided for in Article 5.01 herein-
above, shall be paid by Lessee to City within forty (40) days
after the end of each calendar month, commencing with the tenth
day of the second month of the sixth year after the Date of
Occupancy.
5.03 All installments of rent hereunder, when and as they
become due and payable, shall be paid in lawful money of the
United States at the time to the order of City, Attention:
Collections Section, and payable at 321 N. Mesquite St. or to
P. 0. Box 9277, Corpus Christi, Texas, 78469 or at such other
address as City may designate in writing to Lessee.
5.04 As used herein, the term "Gross Receipts" shall mean
all receipts and payments made to subtenants in cash, by check or
by credit cards, less applicable sales taxes and other taxes
based on sales payable to the State of Texas or the City, and the
Alcoholic Beverage Commission, and less applicable trade dis-
counts or credit card discounts. The term "Gross Lease Income"
shall mean all receipts paid to Lessee for boat slip rental, less
deposits, utility charges, taxes and insurance, but prior to any
debt service. The term "Net Rental Income" shall mean all
receipts and payments made pursuant to the applicable lease
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agreement, less all deposits, utility charges, taxes and insur-
ance, but prior to any debt service.
5.05 Lessee, its successors or assigns, and any sub-tenant
operating a commercial facility on the Property shall keep strict
and accurate books of account in accordance with generally
accepted accounting procedures and practices. Commencing with
the payment of rentals hereunder, Lessee, its successors or
assigns, and any sub-tenant shall furnish to City monthly state-
ments showing receipts, and shall be certified by the sub-tenants
operating a commercial facility to be true and correct to the
best of its knowledge, and shall be submitted with payments
described hereinabove. The form of such statements shall be
prepared in accordance with generally accepted accounting prac-
tices and in a form acceptable to City. City shall have reason-
able access to all accounting records of Lessee, its successors
or assigns, and sub-tenants operating a commercial facility on
the Property.
5.06 "Date of Occupancy" as used herein shall be that date
when the first Certificate of Occupancy for Buildings on Tract
One and the first Certificate of Occupancy for Buildings on
Tract Three, as applicable, are issued; and further, in reference
to the Boat Slip Tracts, that date upon which the first rental
receipt is received by Lessee from Boat Slips or other improve-
ments constructed in or on the respective Boat Slip Tract(s).
ARTICLE 6
Use of the Property.
6.01 It is understood and agreed that the purpose for which
the Property has been leased is for the development and con-
struction of a single, separate free-standing land mass and
bulkheading as shown on Exhibit "A" attached hereto and incor-
porated herein. Lessee shall further plan and construct approxi-
mately four hundred (400) boat slips and related small boat
harbor facilities on that portion of the Property designated Boat
Slip Tract "A" and "B" and "C". Said land mass shall be
commercially developed for public and private use as more fully
set forth herein.
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6.02 It is contemplated by the parties that financing of
this project will require the issuance of Industrial Revenue
Bonds, Dock and Wharfage Bonds, and/or Non -City Obligation Tax
Exempt Bonds, as well as public and/or private grants. City
expressly agrees to participate and make all necessary and proper
efforts to obtain, or aid in obtaining, and to qualify or aid
Lessee to qualify for such financing, bonds or grants. The
parties further expressly agree that any provision hereof may be
modified or amended upon reasonable request by Lessee to comply
with requirements or provisions of the Internal Revenue Code of
1954 as amended, or applicable local, state or federal law or
regulations whereby this project would or could qualify for tax
exempt status for interest paid by Lessee in furtherance of this
project.
ARTICLE 7
Design, Construction and Development
of the Land Mass.
7.01 As a portion of the consideration for entering into
this Lease Agreement, Lessee agrees, at Lessee's sole cost and
expense, to construct a Land Mass consisting of approximately
eight (8) acres on Land Mass Tract One and Tract Two in
accordance with the Plans and Specifications approved by City
pursuant to Paragraph 7.02, and further subject to the provisions
of Article 9.
7.02 City and Lessee acknowledge that (i) the conceptual
design for the Land Mass has been agreed upon as shown by
attached Exhibit "B" -incorporated herein by reference, and (ii)
Lessee shall submit to City for review, preliminary Plans and
Specifications for the construction of the Land Mass. City and
Lessee shall cooperate in the progressive development of each
phase of the Plans and Specifications. City agrees to provide
its approval or disapproval of the final Plans and Specifications
within thirty (30) days after such final plans are delivered to
City. If City fails to approve or disapprove any such final
Plans and Specifications within thirty (30) days after receipt
thereof, then upon ten (10) days written notice to City such
failure shall be deemed to constitute an approval of such Plans
and Specifications.
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7.03 Any disapproval of any such Plans and Specifications,
whether for a preliminary phase or final, shall be in writing and
shall specify the reasons for such disapproval. If City shall
disapprove any such Plans and Specifications, Lessee may revise
such Plans and Specifications and may resubmit such revised Plans
and Specifications for City's approval. City and Lessee agree
that all Plans and Specifications contemplated by Paragraph 7.02
shall be approved if in reasonable conformity with Exhibit "A"
attached hereto, as modified by agreement of the parties. Lessee
will make no material changes to the final Plans and Specifica-
tions for the Land Mass after approval thereof without the
approval of City. Lessee (i) will provide to City a copy of the
construction contract entered into with the general contractor
for the Land Mass and (ii) will require such general contractor
to solicit competitive bids for any subcontract work, and (iii)
will require such general contractor to use all due diligence in
solicitation of minority subcontractors. In addition, within
reasonable time after completion of the Land Mass, Lessee shall
provide to City a set of "as built" plans for the Land Mass.
7.04 The "inspecting engineer" for the project shall be
Ogletree, Gunn, Byrne, Welsh and Hubner (or such other
engineering firm employed by Lessee and reasonably approved by
City), who will supervise and inspect the construction of the
Land Mass in such capacity and will agree to provide monthly
inspection reports to the City and will conduct joint
inspections, at request of City, with a City engineer. As used
herein "Completion" o•r "Completion Date" shall mean the date that
such inspecting engineer shall have certified substantial
completion of the Land Mass.
7.05 Notwithstanding any provision of this Lease Agreement
to the contrary, Lessee shall not be deemed to be in default
under Paragraphs 7.01, 7.02 and 7.03 of this Article for failure
to timely initiate and pursue its obligations unless (i) Lessee
fails to initiate construction of the improvements required by
this Article within eighteen (18) months after the date hereof or
(ii) Lessee fails to complete such construction within four (4)
years after the date hereof.
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7.06 All construction and installation undertaken pursuant
to this Article 7 shall be effected in compliance with applicable
governmental laws, ordinances and regulations, and Lessee shall
indemnify and hold harmless City from any penalties, damages or
charges imposed or incurred for any violation of such ordinances
or laws, whether occasioned by the neglect of Lessee or of any
agent, contractor or licensee of Lessee, save and except that
arising from the negligence of City or City's employees or
agents.
7.07 To the extent that same can be reasonably anticipated,
said Plans and Specifications, as provided for herein, and as
submitted for City approval, shall provide for temporary con-
struction sites or easements for storage of material or con-
struction access, if same are located exterior of the Property.
ARTICLE 8
Design, Construction and Development
of the Commercial Area.
8.01 Upon completion of the construction of the Land Mass
as set forth in Article 7 hereof, Lessee shall have the right at
Lessee's sole expense to construct, develop, maintain and operate
a Commercial Area (hereinafter referred to as Buildings) located
on Land Mass Tract One ("Bayfront Site"). The Buildings shall
contain approximately 150,000 square feet of retail and
commercial space to be built in accordance with the Plans and
Specifications approved by City pursuant to Paragraph 8.02. The
Buildings may be sublet by Lessee for purposes related to
tourist, recreation and water-oriented activities, including the
following types of retail and/or commercial activities:
boutiques, photo kiosks, fast food stores, arcade amusement
areas, all types of restaurants, shell shops, handi-craft, wood,
leather and jewelry shops, sporting goods, specialty furniture
stores, household novelty shops, clothing retail stores,
coin/stamp shops, art and print galleries, souvenir shops,
sailboard and boardboat shops, nautical gift shops, camera shops,
fish, bait and seafood markets, automatic teller machine kiosks,
bicycle scooter shops, small shops of mall corridor type, sail
loft, water taxi, charter boat agencies, boat sales, boat
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hardware and accessory shops, night clubs (but in no event shall
more than one facility serve alcoholic beverages which is not
related to a restaurant or food service facility), yacht clubs,
fuel stations, specialty shops, travel agencies, and vendor
carts, or any combination thereof. The Buildings may also be
sublet for office space related to tourist, recreation and
water -oriented activities. The Buildings may be sublet for
office space unrelated to the above allowed uses during the first
six (6) years following the Date of Occupancy, provided that in
no event shall such unrelated office space constitute more than
twenty percent (20%) of the Buildings for such period and ten
percent (10%) thereafter. The Buildings will not be used or
sublet for residential purposes, hotels or motels.
8.02 City and Lessee acknowledge that (i) the conceptual
design and design criteria for the Buildings have been agreed
upon as shown by attached Exhibit "B" incorporated herein by
reference (hereinafter referred to as the "Approved Conceptual
Designs" for the Buildings), and (ii) Lessee shall submit to City
for review, preliminary Plans and Specifications for the
construction of the Buildings. City and Lessee shall cooperate
in the progressive development of each phase of the Plans and
Specifications of the Buildings. Prior to commencing
construction of the Buildings (as contemplated by Para-
graph 8.01), Lessee shall deliver to City the final Plans and
Specifications for the Buildings, which shall be substantially
consistent with the Approved Conceptual Designs for the
Buildings.
8.03 Notwithstanding any provision of this Lease Agreement
to the contrary, Lessee shall not be deemed to be in default
under Paragraphs 8.01 and 8.02 for failure to timely initiate and
pursue its obligations unless (i) Lessee fails to initiate
construction of the Buildings required by this Article within one
year after the Completion Date of the Land Mass .Tract One and Two
as set forth in Article 7 hereof or (ii) Lessee fails to complete
such construction within four (4) years after the Completion Date
of the Land Mass Tract One and Tract Two as set forth in
Article 7 hereof.
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8.04 Lessee shall have the right to construct additional
improvements on the Property and to make any alterations, addi-
tions, removals or improvements to the Buildings or other im-
provements consistent with the Approved Conceptual Designs for
the Buildings and to erect, install, maintain and operate on the
Property such equipment and fixtures as Lessee may deem advis-
able, and such shall remain the property of Lessee for the
duration of this Lease Agreement.
8.05 All construction and installation undertaken pursuant
to this Article 8 shall be effected in compliance with applicable
governmental laws, ordinances and regulations, and Lessee shall
indemnify and hold harmless City from any penalties, damages or
charges imposed or incurred for any violation of such ordinances
or laws, whether occasioned by the neglect of Lessee or of any
agent, contractor or licensee of Lessee, save and except that
arising from the negligence of City or City's employees or
agents.
8.06 The Buildings and any other improvements constructed
on the Property shall be the property of City upon the expiration
of this Lease Agreement; provided, however, that all property
(other than fixtures used in or necessary to the operation of the
Buildings and improvements) that can be removed without substan-
tial injury to any Buildings and improvements shall remain the
property of Lessee and may be removed by Lessee, so long as
Lessee is not in default hereunder.
8.07 The foregoing notwithstanding, City acknowledges and
agrees that any and 'all depreciation and/or amortization for
Federal or state tax purposes relating to the Buildings or other
improvements on the Property shall be deductible exclusively by
Lessee during the term of this Lease Agreement.
8.08(a) On or before the expiration of ninety (90) days
after the execution of this Lease Agreement, there shall be
formed an Architectural Review Panel to consist of eight (8)
individuals to be appointed and to serve for four (4) year terms
(or in the case of board chairmen, their regular term of office)
as follows:
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(i) three individuals appointed by the City Council;
(ii) the Chairman of the Marina Advisory Board;
(iii) the Chairman of the Park and Recreation Advisory Board;
(iv) the Chairman of the Planning Commission;
(v) one non-voting City staff member appointed by the City
Manager; and
(vi) one individual appointed by Lessee.
(b) The architectural motif of the Buildings will be
reminiscent of turn-of-the-century Corpus Christi (see Exhibit
"8"). City and Lessee acknowledge that Approved Conceptual
Designs have been agreed upon and that landscaping, signage,
street furniture and other accouterments will be consistent with
the Bayfront Plan heretofore adopted by the City. The Buildings
would be approximately 150,000 square feet of retail and
commercial space, with first floor parking, and be limited to a
maximum structure of three stories. Prior to commencing
construction of the Buildings (as contemplated by Paragraph
8.01), Lessee shall deliver to the Architectural Review Panel for
its final approval the Plans and Specifications for the
Buildings, and the Architectural Review Panel shall provide its
approval or disapproval of the Plans and Specifications for the
Buildings within thirty (30) days after such Plans and
Specifications for the Buildings are delivered to the Archi-
tectural Review Panel. If the Architectural Review Panel disap-
proves of any facet of the Plans and Specifications for the
Buildings, said disapproval shall be in writing and shall specify
the reasons for such disapproval. Lessee shall have the option
to modify said Plans and Specifications for the Buildings or to
refer said Plans and Specifications for the Buildings to the
City, as provided for in Paragraph 8.08(c). In its review, the
Architectural Review Panel shall consider the Bayfront Plan,
architectural motif and Approved Conceptual Designs, and economic
feasibility of the project.
(c) In the event an issue of dispute arises concerning the
Plans and Specifications for the Buildings and said issue is not
resolved as provided for in Paragraph 8.08(b), then said issue
shall be referred to the City Council for final resolution. City
shall act within thirty (30) days after submittal of the dispute,
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and consider the same criteria and directives made to the Archi-
tectural Review Panel. City agrees to a reasonable good faith
review.
(d) The above review procedure by the Architectural Review
Panel shall apply to any modifications to the Buildings or the
approved Plans and Specifications during the term of this lease.
8.09 (a) Upon the development of the Plans and Specifica-
tions as provided in Paragraph 8.08 above, the final Plans and
Specifications shall be submitted to the City Planning and Zoning
Commission and the City Council for approval. The City shall act
within sixty (60) days after submittal of such final plans and
specifications, and the City agrees that such approval shall not
be unreasonably withheld provided that said final Plans and
Specifications conform to the Approved Conceptual Designs for the
Buildings which have already been agreed upon as stated in
Paragraph 8.02.
(b) If the issuance of a Special Use Permit for the Land
Mass is requested by Lessee, the above submission shall also be
made for the purpose of such Special Use Permit Application and
shall be sponsored by the City, acting as landlord herein, with
the cooperation of the Lessee.
ARTICLE 9
Aquarium Site.
9.01 City and Lessee hereby acknowledge that City and the
Corpus Christi Aquarium Association have been negotiating for the
construction and operation of the Corpus Christi Sea Life Park
and Aquarium on Land'Mass Tract Two, being the four (4) acre,
more or less, site ("Aquarium Site") lying to the east of the
Buildings, as described in Paragraph 8.01. The Corpus Christi
Aquarium Association, by letter, has agreed to move to the
proposed Land Mass Tract Two from the proposed Peoples Street
T -Head location if the new Land Mass is substantially complete
within two (2) years from the date of finalization of nego-
tiation.
9.02 The Aquarium Site, as shown by Exhibits "A" and "B"
and designated as Tract Two thereon, and as otherwise described
herein, shall be leased back and demised to City, and same shall
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be constructed in conformity with the Plans and Specifications
approved by City pursuant to the provisions of Article 7. This
lease of Tract Two to the City shall terminate upon Lessee's
return or assignment of Tract Two or applicable portion thereof,
to the City, after payment of indebtedness thereon or subject to
said indebtedness thereon.
9.03 There is granted all necessary, reasonable, and proper
easements and right-of-ways for ingress and egress to said Tract
Two pursuant to the approved Plans and Specifications of the Land
Mass Tract, and upon reasonable request City and Lessee agree to
execute such instruments necessary for delineation of said
easements, subject to approval of Lessee.
9.04 In consideration for the construction and leasing of
Tract Two, City agrees to remit annually unto Lessee herein a sum
equivalent to the lesser of the following:
(a) That sum of money available to the City's Reinvestment
Zone Number One arising from the tax increments, as defined
in Article 1066e, V.A.T.C.S., attributable to new
construction in Land Mass Tract One, Tract Two and Tract
Three, if applicable, and the additional Boat Slips (Boat
Slip Tracts "A", and "6" and "C"); or
(b) that amount necessary to amortize, on a level
amortization schedule, the principal and interest on the
expense incurred by Lessee to construct Tract Two over that
expense which would have been incurred to construct Tract
One, up to a maximum of $1.5 million in capital construction
costs (inclusive• of engineering costs), plus any additional
amounts for interim interest which may exceed such maximum.
In the event the City's payment to Lessee hereunder fails to
cover the amounts specified in subsection (b) above, City agrees
to remit to Lessee, as additional funds arising from the tax
increments described in subsection (a) above become available, an
amount equal to any such shortage and interest thereon.
City and Lessee agree that the Land Mass Tracts One and Two
of approximately eight acres may be considered as a single joint
project with the City's portion of cost thereof being project
costs for development of public improvements in the described
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reinvestment zone. However, the City portion thereof shall be
reduced by that amount of construction cost paid by City through
other funding available to City not otherwise covered by tax
increment resources.
9.05 In the event the Aquarium is not constructed on the
Land Mass, City shall have the option to develop, lease, con-
struct, maintain and operate Tract Two for a five (5) year period
from Date of Occupancy of the Buildings on Tract One, as defined
in Paragraph 5.06, for non-commercial purposes only. Within said
five (5) year period, upon request of Lessee and approval by
City, Lessee may exercise an option to develop, lease,
construct, maintain and operate, in conjunction with Tract One,
approximately two acres of Tract Two for the remainder of the
primary term of this Lease Agreement or any extension thereof on
the same terms and consideration as provided herein for Tract
One. The balance of acreage would be developed by City as open
space, parking or other public use pursuant to a mutually agree-
able plan.
9.06 The City grants to Lessee the exclusive right to
sublease or license vendor carts and similar concessions on the
perimeter public walkways of the Land Mass on Tracts Two and
Three, as applicable, and on other public walkway areas of Tracts
Two and Three (excluding any areas located beneath or in the
Aquarium or its plaza), subject to approval of such licenses or
subleases by the City. Lessee is hereby granted an easement for
ingress and egress and use on Tract Two and the public portion of
Tract Three for purposes of conducting said concessions.
ARTICLE 10
Boat Slips.
10.01 As hereinabove provided, Boat Slip Tract "A", Boat
Slip Tract "B", and Boat Slip Tract "C" are hereby leased to
Lessee, and said lease is for all purposes necessary, proper,
convenient or expedient for or in connection with the con-
struction, operation, and maintenance of channels, canals,
fairways, boat basins, wharfs, docks, piers, berthing facilities
for boats, and any other uses approved by City and related to the
operation and maintenance of a boat basin or harbor consistent
with the Corpus Christi Marina and ordinances relative thereto.
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10.02 Lessee agrees that in the use of the Boat Slip Tracts
it will endeavor not to do or cause to be done anything that will
adversely affect the use and development of the Corpus Christi
Municipal Marina. Lessee agrees to provide to City replacement
boat slips at no cost for any boat slips currently maintained by
the City which will be functionally eliminated by Lessee's
construction of boat slips in the Boat Slip Tracts. Lessee shall
give preference in the subleasing of the major portion of such
boat slips to persons on the waiting list for the City Municipal
Marina Slips. Lessee shall use its best efforts not to sublet
any such boat slips to a subtenant for commercial purposes unless
no commercial slips suitable to such subtenant are available in
the City's Municipal Marina.
10.03 Lessee agrees to use and develop said Boat Slip
Tracts for the construction of approximately 400 boat slips and
related small boat harbor facilities. Lessee agrees to commence
the construction of boat slips as provided in the plans and
specifications for Boat Slip Tract A within eighteen (18) months
after the date hereof and to complete said construction within
thirty (30) months after the date hereof. Lessee, or its
assigns, shall have the right to sublet the facilities erected on
said Boat Slip Tracts upon such rentals and considerations as
Lessee shall see fit. Before building any structures, docks or
wharfs on the Boat Slip Tracts, Lessee shall submit plans for
such structures to the City for its review, and if approved by
City, City shall join Lessee in seeking and obtaining all
necessary Army Corps of Engineer permits or approval otherwise.
10.04 It is expressly agreed that this lease and the
proceeds derived therefrom may be pledged or assigned in any
mortgage, deed of trust or other security device made by Lessee
to secure dock and wharfage bonds (or other non-city obligation
tax exempt bonds if applicable) or other evidences of indebted-
ness, if any, where the proceeds therefor are used for the
construction of facilities for boat slips or related structures
or purposes on the pertinent tracts covered by this lease.
10.05 With due consideration for the public convenience and
interest, a boat slip rental procedure shall be mutually agreed
19
upon and implemented whereby availability and execution of boat
slip lease agreements are to occur at the City's Municipal Marina
Office. The form and content of lease agreements relating to
slip rentals in Boat Slip Tracts A, B and C, and the marketing
relative thereto, shall be in the sole discretion of Lessee. The
City shall be reimbursed, over and above rentals hereinabove
provided, at a reasonable rate which shall at a minimum cover all
City costs as agreed to by the parties, for all such services or
other maintenance or supervision of Lessee's slips by or through
City personnel, provided however, City shall not be reimbursed
for City police or fire protection, nor for normal Municipal
Marina security.
ARTICLE 11
Utilities.
Lessee shall pay or cause to be paid all charges for water,
electricity, gas, telephone or any other utilities used on Tract
One or commercial portion of Tract Three throughout the term of
this Lease, including any connection fees and necessary offsite
costs. All heating and all major cooking facilities shall be gas
powered. City shall promptly, upon the request of Lessee, join
with Lessee in the applications and negotiations with all utility
companies, their employees and agents.
ARTICLE 12
Mortgage.
12.01 City agrees that at any time and from time to time
during the term hereof, Lessee may mortgage, encumber or hypothe-
cate the Leasehold Estate (or fee simple estate, if applicable)
of Lessee created hereby, it being understood that any and all
such encumbrances shall at all times be inferior and subject to
the prior right, title and interest of City under this Lease
Agreement. Since it is difficult to anticipate all of the
requirements of a leasehold mortgagee at the time of the
execution of this Lease Agreement, City agrees not to withhold
its approval of any reasonable amendments to this Lease Agreement
required by a leasehold mortgagee or a future leasehold mortgagee
which has committed in writing to advance funds to be secured in
whole or in part by the Leasehold Estate of Lessee, and the City
20
agrees to act within sixty (60) days after submittal of such
proposed amendments.
12.02 City agrees, if and so long as all or any part of the
Leasehold Estate of Lessee is encumbered by a leasehold mortgage
and written notice to such effect (and a copy of such mortgage)
has been given to City, to give the holder of any such leasehold
mortgage at such address or addresses as may be specified in the
leasehold mortgage for the giving of notice to the leasehold
mortgagee written notice of the occurrence of any event of
default of Lessee hereunder, contemporaneously with the giving of
such notice to Lessee. No notice by City to Lessee hereunder
shall be deemed to have been duly given unless and until a copy
thereof has been given to the holder of any leasehold mortgage as
provided above, and the holder of any such leasehold mortgage
shall have the right to the same extent and with the same effect
as though done by Lessee (subject to all of the provisions of
this Lease Agreement), to take such action or to make such
payment as may be necessary or appropriate to cure any such
default so specified. So long as there exists any unpaid loan
secured by a leasehold mortgage on all or any part of the Proper-
ty, City agrees that it will not accept a surrender of the
Property or a cancellation of this Lease Agreement from Lessee
prior to the termination of this Lease Agreement without the
written consent of the holder of such loan and leasehold mort-
gage; provided, however, if Lessee is in default hereunder, City
may accept such surrender as long as the holder of any leasehold
mortgage has been given notice of said default and the opportuni-
ty to cure said default as herein provided.
12.03 In the event that Lessee mortgages all or any part of
the Leasehold Estate of Lessee created hereby, the leasehold
mortgagee shall in no event become personally liable to perform
the obligations of Lessee under this Lease Agreement. Any
purchase money leasehold mortgagee shall be entitled to the
benefit of all of the provisions of this Lease Agreement.
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ARTICLE 13
Repairs and Maintenance.
13.01 Lessee, at Lessee's own cost and expense at all times
during the term of this Lease Agreement, agrees to keep and
maintain, or cause to be kept and maintained, the Land Mass Tract
One, the Buildings and any other improvements which may be
erected on the Land Mass Tract One, and the bulkheading, streets,
and public parking areas on the Land Mass Tract Two (excluding
any areas located beneath the Aquarium), reasonable wear and tear
excepted, subject to an annual inspection and approval by City.
In the event the Aquarium is developed, Lessee agrees to
maintain, or cause to be maintained, at Lessee's own cost and
expense at all times during the term of this Lease Agreement, the
landscaping on the Land Mass Tract Two, and Tract Three if
applicable, (excluding any areas located beneath the Aquarium),
reasonable wear and tear excepted, subject to an annual in-
spection and approval by City. In the event the Land Mass Tract
Three is developed by Lessee, Lessee agrees to keep and maintain,
or cause to be kept and maintained, at Lessee's own cost and
expense at all times during the term of this Lease Agreement, the
commercial portion of Land Mass Tract Three, the commercial
improvements thereon, and the entire bulkheading, streets and
public parking areas of the Land Mass Tract Three, reasonable
wear and tear excepted, subject to an annual inspection and
approval by City. Lessee is specifically granted a twenty-five
foot easement around the entire perimeter of the Land Mass,
including the applicable portions of Tract Two and Tract Three,
as is necessary to maintain or use such bulkheading, breakwaters
and piers.
13.02(a) During the period of construction of the Buildings
or other improvements on Tract One and at all times thereafter
during the lease term, Lessee shall keep the Buildings and
improvements insured against loss or damage by fire, with extend-
ed coverage endorsement or its equivalent, and flood if avail-
able, with responsible insurance companies acceptable to City as
Lessee shall select and in amounts not less than eighty percent
(80%) of the fair market value of the Buildings and such other
22
improvements. Such policy or policies of insurance shall provide
that any loss shall be payable solely to Lessee, which sum Lessee
shall use for repair and restoration purposes; provided however,
at any time that there is a lien on the leasehold estate, said
insurance, at Lessee's option, may contain a loss payable clause
in favor of any mortgagee or trustee in connection with such
mortgage or lien under the terms of which any proceeds will be
payable solely to such mortgagee or trustee. All such insurance
shall be issued by companies as required by any such mortgagee or
trustee, or if not so required, reasonably acceptable to any such
mortgagee or trustee.
(b) Lessee, at his own expense agrees to provide and keep
in force during the term of this lease, comprehensive general
liability and property damage insurance (broad form) covering
City as well as Lessee with one or more responsible insurance
companies acceptable to City and duly authorized to transact
business in Texas, the property damage insurance to be in the
amount of not less than $100,000 and liability insurance to be in
the amount of not less than $1,000,000.00 for one person, and not
less than $5,000,000.00 for one occurrence, protecting City and
Lessee against liability to any employees or servants of Lessee
and to any other person or persons whomsoever arising out of or
in connection with the occupation, use, or condition of the
Property.
(c) Lessee agrees at its own cost and expense to obtain and
maintain (to the extent reasonably procurable) at all times when
demolition, excavation, or construction work is in progress on
the Property, construction liability insurance with responsible
insurance companies acceptable to City, legally authorized to
transact business in the State of Texas with limits of
$1,000,000.00 for damages to persons and $100,000.00 property
damage, protecting City and Lessee, as well as such other person
or persons as Lessee may designate, against any and all liability
for injury or damage to any person or property in any way arising
out of such demolition, excavation, or construction work.
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(d) Lessee agrees to furnish to City current certificates
of all such insurance policies required by this Article at all
times during the term of this Agreement.
13.03 In the event the Buildings or improvements thereafter
constructed on the Property are damaged by fire, hurricane or
other casualty, regardless of the extent of such damage or
destruction, Lessee shall within one year from the date of such
damage or destruction commence the work of repair, reconstruc-
tion, or replacement of the damaged or destroyed Buildings or
improvements and prosecute same within reasonable diligence so
that the Buildings, to the extent originally constructed by
Lessee, shall be restored to substantially the condition they
were prior to the happening of the casualty; provided however,
that if the commencement, construction, or completion of said
repair, reconstruction, or replacement work shall be prevented or
delayed by reason of strikes, governmental restrictions or
regulations, or interferences, fire or other casualty, war, civil
commotion, acts of God, or any other reason beyond the control of
Lessee, whether similar to any of those enumerated or not, the
time for commencing or completing, or both, of the construction
of said Buildings, as the case may be, shall automatically be
extended for the period of each such delay.
ARTICLE 14
Assignment and Subletting.
14.01 Lessee shall not have the right to assign the whole
or any part of the bay bottom of the Property without first
obtaining the consent of City, which consent City shall not
unreasonably withhold, but Lessee shall have the right to sublet
any part of the Land Mass, Buildings or any other improvements on
the Property without the prior written consent of the City in
each instance; provided, however, that any such permitted
assignment or subletting shall be subject to all of the terms and
provisions of this Lease Agreement. If an "event of default", as
defined in Article 17 hereof, should occur while the Property or
any part thereof be assigned or sublet, City, in addition to any
other remedies herein provided or provided by law, may, at it's
option, collect directly from such assignee or subtenant all
24
rents becoming due to Lessee under such assignment or sublease
and apply such rent against any sums due to City by Lessee
hereunder. No direct collection by City from any such assignee
or subtenant shall be construed to constitute a novation or
release of Lessee from the further performance of its obligations
hereunder. It is understood and agreed, however, that the
provisions of this Article 14 and the provisions of Article 17
hereof notwithstanding, if this Lease is terminated prior to the
end of the primary term or extension thereof as provided in
Article 3, any permitted assignment or sublease then in existence
shall continue as if said assignee or subtenant had entered into
a lease with City on the same terms and conditions as those con-
tained in said assignee's or subtenant's agreement with Lessee
provided only that such assignee or subtenant attorns to City.
14.02 At any time after the Date of Occupancy, upon the
sale by Lessee of this Lease Agreement, in whole or in part,
Lessee agrees to pay and remit to the City from the proceeds of
such sale ten percent (10%) of the net proceeds to be calculated
as the amount of the total purchase price remaining after
deductions for reasonable closing costs and any outstanding debt
attributable to the portion conveyed. Similarly, upon any
refinancing of the whole or any portion of the leasehold
improvements on the Property by Lessee, Lessee agrees to pay and
remit to the City from the proceeds of such refinancing ten
percent (10%) of the net proceeds to be calculated as the amount
of the total refinancing remaining after deductions for
reasonable closing costs of such refinancing and the principal
portion of the outstanding debt which was refinanced.
ARTICLE 15
Liability.
City shall not be liable to Lessee or Lessee's employees,
agents, patrons or invitees, or to any person whomsoever, for any
injury to person or damage to property on or about the Property
caused by the negligence or misconduct of Lessee, its agents,
servants or employees, or of any other person entering upon the
premises under express or implied invitation of Lessee (unless
caused by the act or neglect of City or its employees or agents),
25
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and Lessee agrees to indemnify City and hold it harmless from any
loss, expense or claims arising out of any such damage or injury.
ARTICLE 16
Quiet Enjoyment.
16.01 City and Lessee covenant and warrant that they have
duly authorized, executed and delivered this Lease Agreement; and
that this Lease Agreement constitutes a valid and binding obliga-
tion of City and Lessee, enforceable in accordance with its
terms, subject to bankruptcy, insolvency, reorganization, mora-
torium and other similar laws affecting the rights of creditors
generally.
16.02 City covenants and warrants (i) that City will not
transfer, convey, mortgage or otherwise encumber all or any part
of the Property if such transfer, conveyance, mortgage or encum-
brance shall in any way interfere with Lessee's peaceful and
quiet enjoyment of the Property during the term of this Lease
Agreement; (ii) that Lessee, on paying the rent and performing
its obligations hereunder, shall peaceably and quietly hold and
enjoy the Property for the primary term of this Lease Agreement
or any extension thereof, without disturbance or hindrance.
16.03(a) City agrees that for a five (5) year period after
the Completion Date, as defined in Paragraph 7.04, of the Land
Mass, Lessee shall have an option to develop, construct, maintain
and operate Tract Three, and same shall be developed pursuant to
approved Plans and Specifications in the same manner as Tract One
and Tract Two, particularly as provided in Article 7, 8, 9, and 2
through 5 supra.
(b) Tract Three shall be constructed jointly by Lessee and
City with cost prorated as to either party on the basis of that
portion of Tract Three dedicated to that party's use; provided
however, either party shall be entitled to fifty percent (50%) of
the said additional Land Mass Tract Three pursuant to the same
conditions and costs to each party to this Lease Agreement as for
Tracts One and Two herein. In no event, however, shall the
Buildings and improvements on Tract Three exceed 85,000 square
feet in retail and commercial space. In the event either party
hereto elects not to proceed with the construction of Tract
26
Three, the other party may proceed therewith at its sole cost and
expense.
(c) In the event Lessee for any reason elects not to
proceed with Tract Three, and City and/or Corpus Christi Aquarium
Association elects not to proceed with construction of Tract
Three, Lessee shall cause the north temporary bulkhead to be
replaced with a permanent bulkhead, with cost therefor being
borne by Lessee, within five (5) years from Completion Date of
Tracts One and Two.
16.04 City agrees not to enter into competition for a
period of five (5) years from Date of Occupancy of Buildings on
Tract One by means of leasing or conveying or developing a second
Land Mass project or by the substantial commercial development of
the existing T -Heads and L -Head except as same is expressly
provided for herein or at the request of Lessee.
16.05 City and Lessee agree to the development of a joint
traffic and parking plan in substantial compliance with the
Approved Conceptual Designs previously approved pursuant to
Article 8, which shall be subject to approval by the
Architectural Review Panel, same being designed to facilitate the
movement of traffic and allow joint utilization of the parking
areas. The parking areas on Tract Two and Tract Three, as
applicable, may be utilized by Lessee for compliance with the
applicable parking requirements of the zoning ordinances. City
and Lessee covenant that there will be free vehicular and
pedestrian ingress and egress to all public open space areas of
the Land Mass at no cost to the public. Such access shall be
barrier free for the handicapped.
16.06 Lessee agrees in the operation and leasing of the
Land Mass not to discriminate on the basis of sex, race, color,
creed or national origin.
ARTICLE 17
Default.
The following events shall be deemed to be events of default
by Lessee under this Lease Agreement:
(a) Lessee shall fail to pay any installment of rent hereby
reserved as and when the same shall become due and shall not cure
such default within thirty (30) days after written notice thereof
27
(with a copy of said notice to any leasehold mortgagee as
provided in Article 12 hereof); or
(b) Lessee shall fail to comply with any term, provision or
covenant of this Lease Agreement, other than the payment of rent,
and shall not cure such failure within forty-five (45) days after
written notice thereof to Lessee (with a copy of said notice to
any leasehold mortgagee as provided in Article 12 hereof);
provided, however, that in the case of a default which cannot be
cured within forty-five (45) days then Lessee shall be entitled
to an additional reasonable period of time if Lessee has with
reasonable diligence commenced to cure such default and is
diligently pursuing such cure.
ARTICLE 18
Remedies.
18.01 Upon the occurrence of any of the foregoing events of
default as set forth in Article 17, City, without any further
notice or demand whatsoever, may terminate this Lease Agreement,
in which event Lessee shall immediately surrender the Property to
City, and if Lessee fails so to do, City may, without prejudice
to any other remedy which it may have for possession or arrear-
ages in rent, enter upon and take possession of the Property and
the Buildings and improvements thereon without process of law and
expel or remove Lessee by force, if necessary, without being
liable for prosecution or any claim for damages thereof.
18.02 No re-entry or taking of possession of the Property
by City shall be construed as an election on its part to termi-
nate this Lease Agreement, unless a written notice of such
intention is given by City to Lessee. Notwithstanding any such
reletting or re-entry or any taking of possession, City may, at
any time thereafter, elect to terminate this Lease Agreement for
a previous default which has not been cured. Pursuit of the
foregoing remedy shall not preclude pursuit of any of the other
remedies herein provided or any other remedies provided by law.
Forbearance by City to enforce one or more of the remedies herein
provided upon default shall not be deemed or construed to consti-
tute a waiver of such default. In the case of a default by the
Lessee under the provisions of Article 17, the City will take no
action to effect a termination of this Lease Agreement without
28
first giving notice of such default to any leasehold mortgagee of
whom the City has been notified as provided in Article 12 hereof
and granting such leasehold mortgagee(s), the right, at any time
prior to the forfeiture by Lessee to City of its rights under
this Lease Agreement, to accomplish the following:
(i)
to obtain possession of the Property (including pos-
session by a receiver) and cure such default in the
case of a default which is susceptible of being cured
when the leasehold mortgagee has obtained possession,
or
(ii) to institute foreclosure proceedings and complete such
foreclosure, or otherwise acquire the Lessee's interest
under this Lease Agreement, with diligence and continu-
ity in the case of a default which is not susceptible
of being cured by the leasehold mortgagee; provided,
however, that the leasehold mortgagee shall not be re-
quired to continue such possession or to continue such
foreclosure proceedings if the default shall be cured;
and provided, further, that nothing herein shall
preclude the City from exercising any rights or rem-
edies under this Lease Agreement with respect to any
other default by the Lessee during any period of such
forebearance.
18.03 In the event of the termination of this Lease Agree-
ment prior to its stated Expiration Date, the City will enter
into a new lease of the Property with the leasehold mortgagee for
the remainder of the' term, effective as at the date of such
termination, at the rent and upon the covenants, agreements,
terms, provisions and limitations herein contained, provided:
(i) such leasehold mortgagee make written request upon the
City for such new lease within thirty (30) days after
the date of the receipt of written notice of such
termination, which notice from City shall set forth the
amount then due from Lessee to City, the payment of
which is necessary to cure any event of default which
can be cured by the payment of money, and such written
request by the leasehold mortgagee is accompanied by
29
payment to the City of all amounts then due to the
City;
(ii) such leasehold mortgagee pays or causes to be paid to
the City at the time of the execution and delivery of
said new lease any and all sums which would at the time
of the execution and delivery thereof be due under this
Lease Agreement but for such termination, and pays or
causes to be paid any and all expenses, including
reasonable attorney's fees, court costs and disburse-
ments incurred by the City in connection with any such
default and termination, as well as in connection with
the execution and delivery of such new lease, less the
net income collected by the City subsequent to the date
of termination of this Lease Agreement prior to the
execution and delivery of the new lease, any excess of
such net income over the aforesaid sums and expenses to
be applied in payment of the rent thereafter becoming
due under said new lease; and
(iii) upon the execution and delivery of such new lease in
accordance with the provisions of this paragraph, all
subleases which theretofore may have been assigned and
transferred to the City shall thereupon be assigned and
transferred without recourse by the City to the lease-
hold mortgagee, as the new tenant.
ARTICLE 19
Default by City.
19.01 If City defaults in the performance of any term,
covenant, or condition required to be performed by it under this
Lease Agreement, Lessee may elect either one of the following:
(a) After not less than thirty (30) days written notice to
City, Lessee may remedy such default by any reasonable
necessary action, and in connection with such remedy
may pay expenses and employ counsel; all sums expended
or obligations incurred by Lessee in connection there-
with shall be paid by City to Lessee on demand and on
failure of such reimbursement, Lessee may, in addition
to any right or remedy that Lessee may have, deduct the
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costs and expenses thereof from rent subsequently
becoming due hereunder; or
(b) Terminate this agreement on giving at least forty-five
(45) days' notice to City of such intention, thereby
terminating this agreement on the date designated in
such notice, unless City shall have cured such default
prior to expiration of the 45 -day period.
19.02 In the event the City or the Architectural Review
Panel fails to take action on the approval or disapproval of the
survey, the plans and specifications (or changes thereto), or the
lease amendments which have been properly submitted to the City
or the Architectural Review Panel by Lessee as provided by this
Lease Agreement, the timetables for the performance obligations
to be met by Lessee subsequent thereto shall be extended by a
time period equal to the period of such failure.
ARTICLE 20
Attorneys Fees.
If, on account of any breach or default by either party in
its obligations under the terms and conditions of this Lease
Agreement, it shall become necessary or appropriate for the other
party to employ an attorney to enforce or defend any of its
rights or remedies hereunder, then the prevailing party shall be
entitled to recover a reasonable attorney's fee in such con-
nection.
ARTICLE 21
Mechanic's Liens.
21.01 Lessee covenants and agrees that it will pay or cause
to be paid all sums legally due and payable by Lessee on account
of any work performed by or on behalf of Lessee on the Property
on which any lien is or can be validly and legally asserted
against its leasehold interest in the Property or improvements
thereon, and agrees to indemnify and hold harmless City from and
against any loss, cost or expense in connection therewith. It is
understood and agreed, however, that Lessee shall have the right
in its discretion in good faith to contest any and all such
liens, and Lessee shall not be obligated to pay the contested
31
i
i
f
item or items unless and until it has been finally determined to
be valid and enforceable against Lessee's interest in the Proper-
ty.
21.02 Any mortgage or other lien created by Lessee shall be
subordinate in all respects and at all times to the rights and
interests of City as herein expressly reserved, and nothing in
this Lease Agreement shall be deemed or construed in any way to
constitute the consent or request of City, express or implied, by
inference or otherwise, to any contractor, subcontractor, laborer
or materialman, for the performance of any labor or the furnish-
ing of any materials for any improvement or alteration to or
repair of the Property, or any part thereof, or any improvement
at any time situated thereon, nor as giving Lessee any right,
power or authority to contract for or permit the rendering of any
services or the furnishing of any materials that would give rise
to the filing of any lien against the interest of the City in and
to the Property or any part thereof.
ARTICLE 22
Taxes and Assessments.
22.01 Lessee agrees to pay or cause to be paid before they
become delinquent all taxes (both general and special), assess-
ments, governmental charges, impositions and levies (general and
special), of any name, nature and kind, which may be fixed,
charged, levied, assessed or otherwise imposed (the "Taxes") upon
the Property (except for that portion of the Property which is
leased or conveyed to City) at any time during the term of this
Lease Agreement by the State of Texas or any county, city, school
district or other taxing authority. Lessee shall pay such Taxes
to the public officers charged with the collection thereof before
the same shall become delinquent; provided, however, that Lessee
shall have the right in good faith, at its sole cost and expense
(in its own name or in the name of City or in the name of both
Lessee and City) to contest any such Taxes, and in any such case,
such disputed item together with court costs, interest and
penalties related thereto need not be paid until finally adjudged
to be valid. Each refund of any tax, so contested, shall be paid
to Lessee. City shall not, without the prior written approval of
32
Lessee, make or enter into or finally agree to any settlement,
compromise, or any disposition of any contest, or discontinue or
withdraw any contest, or accept any refund, other adjustment, or
credit of or from any tax or assessment as a result of any
contest. Lessee, at its expense, shall upon demand by City
secure a surety bond satisfactory in form to City to secure
payment of any contested item or items, in any amount not less
than the entire contested amount, including any interest or
penalties relating thereof.
22.02 Lessee shall save City and the Property harmless from
all Taxes on the Property (except for that portion of the Proper-
ty which is leased or conveyed to City), and from all liens,
penalties and interest in connection therewith.
22.03 During the term of this Lease Agreement, Lessee shall
cause all taxes, assessments and other charges levied on or
imposed on any of Lessee's personal property situated in, on, or
about the Property to be levied on or assessed separately from
the Property and not as a lien thereon.
ARTICLE 23
Personal Liability of Lessee.
Anything herein to the contrary notwithstanding, Lessee or
Lessee's successors or assigns shall have no personal liability
for rent or other payments hereunder or for the performance of
any obligations imposed hereby. In the event that a default by
Lessee occurs in the payment of rent or other amount due here-
under or in the performance of any obligations imposed hereby,
City and each and every succeeding owner shall look exclusively
to the Property, Buildings and improvements situated thereon for
payment and discharge of any monies due or obligations imposed on
the Lessee hereunder; and in the event of default hereunder by
Lessee or anyone holding under him, and the termination of this
Lease Agreement by City or Lessee, or any successor Lessee,
subtenant, sublessee, mortgagee or other holder of the leasehold
estate created hereby, Lessee or anyone holding under him shall
be released and relieved of any further obligations hereunder and
this Lease Agreement shall be terminated.
33
ARTICLE 24
Easements and Dedications.
In order to provide for the more orderly development of the
Property, it may be necessary, desirable, or required that
street, water, sewer, drainage, gas, power lines and other
easements and dedications, and similar rights be granted or
dedicated over or within portions of said Property. City shall,
on request of Lessee, join with Lessee in executing and deliver-
ing such documents, from time to time, and throughout the term of
this lease, as may be appropriate, necessary, or required by the
several government agencies, public utilities, and companies for
the purpose of granting such easements and dedications.
ARTICLE 25
Recording.
This Lease Agreement may be recorded by either party, or at
the request of either party, City and Lessee shall execute a
short -form memorandum of this Lease Agreement which may be
recorded.
ARTICLE 26
Notices.
Any notice or document required or permitted to be delivered
hereunder shall be deemed to be delivered whether actually
received or not when deposited in the United States mail, postage
prepaid, certified or registered mail, return receipt requested,
addressed to the parties hereto at the respective addresses set
out opposite their names below, or at such other addresses as
they have theretofore specified by written notice delivered in
accordance herewith:
City: Lessee:
City of Corpus Christi
302 S. Shoreline
P. 0. Box 9277
Corpus Christi, Texas 78469
Attention: City Manager
With a Copy to:
City of Corpus Christi
302 S. Shoreline
P. 0. Box 9277
Corpus Christi, Texas 78469
Attention: City Attorney
34
Bayfront Associates, Ltd.
c/o Nueces Development Company
5934 S. Staples, Suite 204
Corpus Christi, Texas 78413
Attention: Joe Gardner
With a Copy to: I'
Robert D. Thorpe
Shaw, Thorpe & Conoly
5934 S. Staples, Suite 200
Corpus Christi, Texas 78413
ARTICLE 27
Estoppel Certificates.
Lessee and City shall, at any time and from time to time not
less than ten (10) days after request by the other party, exe-
cute, acknowledge and deliver to City, or Lessee, as the case may
be, a statement in writing certifying that this Lease Agreement
is unmodified and in full force and effect (or if there have been
any modifications, that the same is in full force and effect as
modified and stating the modifications) and, if so, the dates to
which the fixed rent and any other charges have been paid in
advance, it being intended that any such statement delivered
pursuant to this Article may be relied upon by any prospective
purchaser or encumbrancer (including assignees or sublessees) of
the Property.
ARTICLE 28
Non -Merger.
There shall be no merger of this Lease Agreement, or of the
leasehold estate created thereby, with the fee estate in and to
the Property by reason of the fact that this Lease Agreement, or
the leasehold estate created thereby, or any interest in either
thereof, may be held directly or indirectly by or for the account
of any person who shall own fee estate in and to the Property or
any portion thereof, and no such merger shall occur unless and
until all persons at the time having any interest in this Lease
Agreement or the leasehold estate, including the leasehold
mortgagee, shall join in a written instrument effecting such
merger.
ARTICLE 29
Partial Invalidity.
If any provision of this Lease or the application thereof to
any party or circumstance shall to any extent be invalid or
unenforceable, the remainder of this Lease Agreement, or the
application of such provision to persons or circumstances other
than those as to which it is invalid or unenforceable, shall not
be affected thereby and each provision of this Lease Agreement
shall be valid and enforceable to the fullest extent permitted by
law.
35
i
i
f
ARTICLE 30
Texas Law to Apply.
This Lease Agreement shall be construed under and in accor-
dance with the laws of the State of Texas, and all obligations of
the parties created hereunder are performable in Nueces County,
Texas.
ARTICLE 31
Early Cancellation by City.
The City shall have the right, at no cost and without
further obligation except as hereinafter provided, to cancel this
Ground Lease Agreement on or before September 30, 1983, by giving
written notice to Lessee. In the event this Ground Lease
Agreement is cancelled pursuant to this Article 32, City shall
reserve the right of first refusal to Lessee to lease (or
purchase, if applicable) and develop any property for the
construction of any new land mass along Shoreline Boulevard for a
period of three (3) years from the date hereof. City shall have
the option to terminate such three-year right of first refusal by
reimbursing the Lessee an amount up to the sum of TWO HUNDRED
THOUSAND AND N0/100 DOLLARS (5200,000.00) as may be substantiated
by Lessee for its out-of-pocket costs incurred as of the date of
execution of this Lease Agreement.
ARTICLE 32
Miscellaneous.
(a) Words of any gender used in this Lease Agreement shall
be held and construed to include any other gender, and words in
the singular number shall be held to include the plural, and vice
versa, unless the context otherwise requires.
(b) The terms, provisions, covenants and conditions con-
tained in this Lease Agreement shall apply to, inure to the
benefit of and be binding upon the parties hereto and upon their
respective heirs, legal representatives and successors in inter-
est.
(c) This Lease may be modified only by written agreement
signed by the City and Lessee.
36
(d) The descriptive headings of this Lease are inserted for
convenience in reference only and do not in any way limit or
amplify the terms and provisions of this Lease.
(e) The term "leasehold mortgagee", as used herein, shall
mean the holder of any leasehold mortgage covering the Property.
If the holders of more than one leasehold mortgage shall seek to
cure any default or defaults on the part of Lessee or shall make
written requests upon City for a new lease in accordance with the
provisions of Article 18 hereof, the right to cure such default
shall be granted to or the new lease shall be entered into
pursuant to the request of the holder whose leasehold mortgage is
prior in lien thereto.
EXECUTED as of the day of August, 1983.
[SEAL] CITY:
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By: By:
Bill G. Read, Edward A. Martin,
City Secretary City Manager
APPROVED AS TO LEGAL FORM THIS
DAY OF AUGUST, 1983: By:
W. Thomas Utter,
J. Bruce Aycock, City Attorney Assistant City Manager
By:
Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
§
§
LESSEE:
BAYFRONT ASSOCIATES, LTD.
By: Nueces Development
Company, a Texas
corporation, Managing
Partner
By:
Authorized Officer
This instrument was acknowledged before me on this day
of August, 1983, by Edward A. Martin as City Manager of t—ihe CITY
OF CORPUS CHRISTI, TEXAS, a municipal corporation organized under
the laws of the State of Texas.
Notary Public, State of Texas
[SEAL] My Commission Expires:
37
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this
day of August, 1983, by , on behalf of
BAYFRONT ASSOCIATES, LTD., a Texas Limited Partnership, formed
under the laws of the State of Texas.
Notary Public, State of Texas
[SEAL] My Commission Expires:
38
40. 37
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second 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
he
irst time and ped to its
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That the foregoing ordinance wa read for
third reading on this the 2() c4ay of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
th
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That the forgoing ordinancas read or the tlgrd time and passed finally
on this the 1.fd day of �, , 19 Aie7 , by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky pp��
PASSED AND APPROVED, this the 3/(Z day of `, i , 19 L-5 .
ATTEST:
APPROVED:
%QDAY OF ' , 19g'13:
J. BRUCE AYCOCK, CITY ATTORNEY
By
A stant City Attorney
i'`53
THE CIT OF CORPUS CHRISTI, TEXAS
construction work to fur 7•�' of the Lad aragrLesn tC°se,of a default whlgh. is ;�7eypptis and et all hetes to CAtI Attention
�s '•e^xaa�er4a+
Inc[adore by the Archnaclurar 09 centludinq said comes- given unless ono until a as dermad n raragra Pn susceptible ea being cured the ngh'e and Interests of
I } copy thereat hes been given L agrees shall h op Id t C t h expressly re• WITH A COPY TO
eller referred to as Review Panel shat apply ° stuns. see s a have an when the leasehold mori- � y as erem
pd Conceptual De• Lessee to the ARTICLE IO to the holder' of
any lease( ^ish to City Cu trent develop construct, main• has obtained served and nothing 'n this City of Corpus Christi
signs" .for the Buildings)• Plan rigs or the approved Boal Bina hold mortgage d certificates of all such n talo and operate Tract
and <1, 1? "essee shall submit Plans and Specifications 10 Ol As hereinabove pro• above, and the holder al any surance policies required by Three, and same shell be Possession, or Lease Agreement shall he
review, prelim,• the term of this vitled, Boat Slip Tract "A", such leasehold mortgage this Article at all times developed pursuant to ep• (ii) to institute lorecio- deemed or construed in any P.O. Box 9277
re roceed{figs and way to constitute the con- Corpus Chnsh, Texas 764�Y done
stryt_,-, Sp
he same
City'aOpfLessee shall coop Specifications as provided and said lease is for all by Lessee (sublet o Buildings or ImOrovdments Uri Nueces e e o
erste i0. the progressive in Paragraph 08 above, purposes necessary, proper, the provisions of this Lease •ihereefter constructed on Tract Two, particularly as Lease Agreement, with d,li• contfactor, subcontractor,
development of each phase the final Plans and Special- convenient or expedient for Agreement), to take such the Property are deedped and 2dedinthrough 5tsu0ra., 8, 9, Bence and continuity in the laborer or materialman, for 5934 S Company Suite '
of the Plans and Spcillca• cations shall be submitted or In connection with the action or to make such pay by fire, hurricane oroother Ib) Tract Three shall se case of a default which is ther per rformance of any la• Corpus Chyles, Texas 76ar3i-
hen, et 'the Buildings, Prior to the City Planning and construction, operation, and , meni as may be necessary casualty, regardless i • constructed Jointly by cured sby ceptheelea Behold materials for anynmD ave Attention. Joe Gardner to -Commencing construction zoning Commission and the maintenance of channels, or appropriate toec�tred, 5o extenf of such damage er see antl City with Cost mortgagee; provided, how- merit or alteration to or WITH A COPY TO x
of the Buildings las contain- City Council for approval. canals, fairways, boat ba• such default so sp destruction, Lessee shall prorated as to either party
plated- shall Paragraph 801), The City 60 Shall act within sins, wharfs, docks, piers, `long as there exists any within one year from the on the basis of that portion ever, that the leasehold repair 01 the Property, or Robert D. Thorpe ,.
Lessee deliver to City
sixty (60) dayt after sub• berthing fat,lihes for boats, unpaid loan secured by a date of such damage ormortgagee shall not he re- - any part thereof, or any Shaw, Thorpe & Conoly
the knot Plans and 5pec,i mutat of such final plans and any other uses ap• ' leasehold mortgage a on all destruction commence the thfTractly's euseedipron provided quired to continue Such improvement at any time 5934 S Staples, Sudo 200•„?+
cations for the Buildings, and specifications, andcthe to thehed a Cion and related or and malnte• City agrees that It will Property,
work of repair, reconstruc• however, either party shall
possession
for closure proceed situated
ng Lesseeeanyn, nor right, as
power Corpus Texas 78993
which shall w tsubstantially pro agrees that such be to opera be entitled to filly percent Ings if the default shall be ur authority to contract for EstoAARTICLEEhcates •,
consistent Co with Inc Al, provsl shall not be nonce of a boat basin Incoraccept y or a can IIation Inc damegedplore destroyted cured; and faulttlsh for- or permit the rendering t r Lesseetand Certificates
sties .7
proved Conceptual Designs unreasonably withheld pans harbor consistent with nd Property ea [agreement Buildings, or Improvements Land Mass
of the said Three
pur- they, that nothing herein any services or the furnish- any time and from hmerto
for the Buildings, aided tect cats final Plans ordina Csrieli Merino to. or this Lease Agreement • 50001 loathe same condltns shall preclude the City from (ng of any materials that time not less than ten (i0)
8.03 Notwithstanding any and a Approved C conform ordinances see agrees thereto. from Lessee 9p 96* to ase reasenab a dllige cec 50 lhaf and costs to each party to
provision of this Lease to the Approved Conceptual le02Lessee that "termination of anis Lease the Buildings, to the extentthis exercising any rights or re- would give rise to the tiling days after request e, the
Agreement to the contrary, Designs for the Buildings ,n the use of the Boat Slip Agreement without the writ- Tracts One and Two herein. memd,es under this Lease of any Ilan against the inter• other party, execute, 'ac -
Lessee shall not be deemed which have already been Tracts it will endeavor not Inc consent of the holder of Les ee,l shall betrestored 00 Agreement with respect to est of Inc City m and to Ina knowor ledge and dethe liver 'To
g be is.d.01 aandunder Pero• agreed upon as stated in to do or cause to be done such loan and leaseholtl InenBuevent, however,
ad improve- any other default by the Property or any part there- City,
beLesses,a85 statement chile
gra Dhs Bti 8.02 int Paragraph 8,02. anything that will adversely mortgage; provided, howev- theytwerelipre condition
lori to the hap•Lessee during any periotl of of. wrjhn certll n that this
failure to timely initiate and Special
If the issuance of a affect Inc use and develop• er, if Lessee is in default emm�O of the casualty; ments on Tract Throe such forebea a event ARTICLE 22 9 certifying pursue Its obligations unless Special Use Perm,' for the ment of the Corpus Christi hereunder, City may accept P exceed 85,000 square feet in ce
IB 03 In the of the Taxes and Lease Agreement is unrn3'
Land Mass is requested by asretail and commercial termination fore on of this Lease Assessments diked and m full force and'
co Lessee faits to Initiate Municipal Marina Lessee such holder
surrender a as long ld thevcomm¢ cement, ctonf
construction of Buildings re- Lessee, Inc above made agrees to provide to City Inc holtler of any leasehold siructioe, or completion of space.
heretoe elects not either Agreement poor ,to its stat- 220) Lessee agrees to pay effect (or d there nava bee°•
quired by this Article within Sion shall also be for replacement boat slips at no mortgage hes been given said repair, reconstruction,
party wil E entertlIntoDafnewalease theyor auSe to the become delinquent ntt ell same is modifications,
forcet and
n
riga l? )97e Ner the Crimple- Inc purpose al Such Special cost for any beat Alis cur- the noof 00 tuelliv Id do default
said or replacement work shall )pinn Bpd Tract ,Three, the of the Property with the taxes (both general and spa• effect as modified and stat -
tide Da/G of the Land Mass Use Permit Application and --- -i•••- . _ ___..__._. _. delayed n� .. party
m° Inc modifications) and,
therew" at it' sale '''''' remainder of the 'term, et- governmental
Tree. One and Two a5 set sponsoredAon .i.., event thai reason of -_ __. leasehold mortgagee,__..,. -,_„ -...........is.
City
shall be
forth 1. 'Article 7 hereof or
In1,Lesst.e falls to complete
Men tdfi3srvttion within
•'Approv any modifications 85 provide 9agee,
it�, 302 S Shoreline
S cifkat•r during sure P
hary..ws Plana and ease. Boat Shp Trail "B", and shall have the right to the during the term of this complete such foreclosure, sent or request of City Attention City Attorney
^
Specificataons for the con- 8.09 191 Upon the level- Boat Shp Trac} ' C" are same extent and with the Agreement. proved Plans and or complete
otherwise acquire the express or implied, by inter- LESSEE
tr0n of the Buildings. meni of the Plans and , hereby leased 10 Lessee, . same effect as thou9na11 of 13.03 In the event the Specifications
nTrectt One and
Lessee's iby im• if so, the dates to which the
nterest under this en[e or otherwise, to any Bayfront Associates, Ltd'
V to meni^_
Positions and levies fixed rent and any other
City, 901109 as landlord
0119 eliminated Lessee's -•-- - - mental restrictions "• 000 expanse, teniae as at Inc ea ,
herein, with Inc cooperation tonstruchon, of boat slips In Lessee mortgages all or any (c) In the event Lessee such termination, at' Inc (general and special), of charges have been pa,tl ,
Tn Carotenes atter the 0f the Lessee Inc Boat 5)10 Tracts. Lessee part of 168 Leasehold Estate enc es�lofireoror^father for any reason elects not toadvance, it be,ny In ended
C'••pletlo Date et the ARTICLE 9 shall glue perference in the of Lessee created hereby, casualty, war, civil comma- rent and upon the cove- any name, nature and kind, that any such statement tle-
P
Aquarium Site subleasing of the major par• the leasehold mortgagee t n acts of God, or any Proceed with Tract Three, ^ants, agreements, terms, titch may be f izetl,
d Cify andlor Corpus d Ilmltations charged,levied,assessed or
livered pursuant to tins
Lar, Mass Tract One and Qua ,
I▪ aCq•Two as Bei forth in 9'acknowledge Cityboat Provisions
that City persons on Inc welting list personally liable to perform control of Lessee, whether tion elects not to proceed herein contained, provided- otherwise ,mpos¢tl IncIArticle may be relied upon
hereof Cor us Christi for the Cdy Municipal Marl• the obligations of Lessee similar to any of those anus with construction of Tract (il such leasehold mart- "Taxes"), upon the Proper- by any prospective purchAs-
'it n request 1 (except for that portion er or encum brancgr
804 ssee shall have the and the P 6a Slips. Lessee shall Use Its under this Lease Agree• mereted or not, the time for w 9agee make wr1 e q Y
Orotic } onstruct additional Aquarium Association have Three, Lessee shall cause upon the Cify for such new of the Property which is (including assignees or sub-
fmprov tents on the Prop- been negotiating for the hest ellor}s not to sublet meni. Any purchase money the north temporary hulk- lease within thirty e r days leased or conveyed to City) lessees) of the Property
arty an, to make any construction and operation any such boat slips to a leasehold mortgagee Shall commencing or completing• head to be replaced with a Al )he Fr 28
alteration of the Corpus Christi Sea subtenant tor commercial ' be entitled to the benefit of or both, of Inc construction • per bulkhead, with after Inc date of the receipt
Inovals or�addit )her re• Life Park and Aquarium on purposes unless no commer- all of Inc provisions of this 01 said
amay bell shell automat- of written notice of such There shall be no me
Prop -
the Buildin provements to Land Mass Tract Two, be- tial slips suitable to such 'Lease Agreement. cost therefor being borne by termination, which notice
gt or Other fins Ing the lour (4) acre, more teeny be extended for .Ike Lessee, within 11ve (5) from City Shalt set forth the
provements onsisfenl with subtenant are available In ARTICLE 13 cried of each such delay: amount then due from Les -
and
Appror the 011410 5 or less, site ("Aquarium Inc City's Municipal Marl- Repairs and p ARTICLE 14 of Tracts Oneo rid Two,Date Inc to City, Inc payment of
Designs for the Binsnl) main-
Site") lying to the east of nai Maintenance Assignment and Subletting. 16.04 City agrees not to which C necessary to cure
end to erect, rate', main- the Buildingsas described 10.03 Lessee agrees to use 13.01 Lessee, at Lessee's
fain and operate on the in Paragrap11.8 01 The Car- end tlavelop said Boat Slip own cost and expense at all 1d.01 Lessee shall not enter into competition fora any event of default which
Pr arty Such eq ulpment Pus Cnr,sti Aquarium Tracts for the construction times during the term of have the right to assign the ported to flue (5) years can be Cured by the pay -
7t i ti b letter, has f approximately 400 boat' this Lease Agreement, wholeor any par}of the bay from Date of Occupancy of meni of money, and such
dee \ agreed tom p b It f the Property Idl of Tract One t b the
Pi advisable,,, rid such without fi means 9
shall re aln th< pi7oPo... ad. pd Mass ct two- harborfa�,Ilties LesSee.Mteln: pr reuse to b0 kept and consent of Clty, which ono:: Veying of developing a leasehold mortgagee 5
Land Mass com0anled by payment to
at any time during the term Aon -Merger, °f'•
of this Lease Agreement by ager
the State of Texas or any
county, city, school district of this Lease Agreement. or
or. other taxln9 authority of Inc leasehold estate cm -
Lessee shall pay such Taxes died thereby, with Inc fee
charged he with Iic lhe collection ly by reasons estate in to the Proper•
of Inc fact (64)
thereof before the same this Lease Agreement, or
shall become delinquent, Inc leasehold estate created
provided, Lessee shall, have Inc right either thereoer, that thereby, or f any
be interest
In good faith, at its sole cost directly or indirectly by•br
and expense (in its own for the account of any per -
name or ,n Inc name of City son who shall own Inc estate
or in the Lessee and City) ato contest any portioof both in and ton thereof, and igtq
any such Taxes, and in any such merger shall occur up,
such case, such disputed less and until ail persons -at
Item together with court the time having any interest
costs, Interest and penalties in this Lease Agreement -or
related thereto need not be the leasehold estate, inchJel-
paid 0nl11 finally adjudged ing the I
to be valid. Each refund of mortgagee, shall loin in,,a
any tax, so contested, shall written instrument effecting
be paid to Lessee, City shall such merger
not, without Inc prior writ- ARTICLE 29
I of Lessee, Partial Invalidity —
o But rigs on written r ortga I ac-
antl xtures es Lessee may Assoc auurin, ova to ttnhe pro- sll sand related smell boat agrees to keep and main- ° °I,rst obtaining the of leash or con.
Lessee fa the duration p''tim the Dr°posed-People:
agrees -to commence the maintained, the L BantClty shall not
this Lease Agreement.
Street 7•Head location if the construction of boat slips as Tract One, the Buildings unreasonably withhold, but secontl Learn
and Mass protect the City of all amounts then
a 05 All tonstruchon and new Land Mass ,s 5065140' provided in the plans and and any other Improve• Lessee shall have Inc right °r by the substantial tom- due to the City;
Installation ur• 11a11Y complete within two specifications for Boat She merits which may be to sublet any part of the mercial development of the (i0 such leasehold mora.
1 hen p (p) years from the date of Tract A within eighteen 118) erected on the Lend Mass • existing T -Heads and glee pays or causes to be
su 1 to this Article 8 shall cnpreS except as same Is
be fecfad ,n compliance finalization of negotiation, months after the date here- Tract One, and the bulk• any other lmproviemien}s on pa d to the City al the time
with pphcabdi ga ccs a n- 9.02 The Aquarium Slte, of and to complete said heading, streets, and public expressly provided for here- of the execution and deliv-
tal lays ordinances end as shown by Exgibit "A" construction within thirty parking areas on Inc Land the Property ^sentwithout the m or ai Inc request of cry of Bald new tease any
\, o s, a d L ( I tl Prior written consent of the Lessee d all sums which would at
T thereon and as other• h f 'Lessee or ,'s az- any areas located beneath ih t Y I 1 F the time o
regt,la ' h r n ra essee and designatetl as Tract 1391 months alter the date Mass Tract Two ext u Ing
City In each inftance; pro- 16,05 City and Lessee an a
shall in mnify and hold W0 , area . f Inc execution
harmless city Iram any wise described herein, shall signs, shall have Inc right to the Aquarium), reasonable aided, however, a an agree to the development o end delivery thereof be due
penalti515)06 damages -or char- be leased back and demised sublet portions of the tacit(- wear and tear excepted, such permitted assignment a leant traffic and parking under this Lease Agreement
gas impo"sed or soehed' 6)' to City, and same shall by ties erected on said Boat subject to an annual by CIIy- or subletting shall be sub • plan in substantial compli• but for such termination,
any violailon of such atilt• constructed in conformity Slip Tracts upon such rent. Ilan and approval City, lett to all o the terms end ante with .the Approved and pays or causes to Inc
nances or laws, whether with the Plans and 5pecifl• els and considerations as In the event the Aquarium provisions of this Lease Conceptual Designs prey paid any and all expenses,
occasioned by the neglect of d b C t fit 8 1 I developed, Lessee agrees Agreement. If an "event of ously approved pursuant to including actor
i cause to be defau t A ti I 8 which shall be 1
cations 0000008 y i Y Lessee shall see Belore s I " as defined in Arti•
Lessee "Or of any agent, Pursuant to the provisions building any structures, to maintain, or
contractor or licensee of of Article 7. This lease of docks or wharfs on Inc Boat maintained, at Lessee's own cle 17 hereof, should occur
Lessee, save and -except Tract Two to the City shell 511p Tracts, Lessee shall cost and expehse at all while Inc Property or any
that arising Irons Inc negli- terminate upon Lessee's re- submit plans for such strut times during the term of Part thereof be assigned or
Bence of City or City's turn or assignment of Tract tures to .the City for its thls Lease Agreement, Inc sublet, Clty,in addition to
employees or agents. Two or applicable portion review, and it approved by landscaping on Inc Lend any other remedies herein
0.06 The Buildings and thereof, to the City, after City. COY shall loin Lessee Mass Tract Two, and Tract Provided or proVided by
any other improvements Payment of indebtedness In seeking and obtaining all Three If applicable, (exclud- law, may, at Its option, col•
constructed on the Property thereon or subject to said necessary Army Corps of ing any areas located assignee earl subten nsuc I
shall be the property of City indebtedness thereon. Engineeerypermits or ap- beneath the AquariUm),
upon..the expiration of this 9.03 There is granted an prove) otherwise. reasonable wear and tear re I B d to Les
Lease Agreement; pro• necessary, reasonable, and 10,04 It Is ex press IY bl t 1 an see under such assignment
Acted, however, that all proper easements and agreed that this lease and
property (other Man fix- right-of-ways for Ingress the proceeds derived there -
tures used In or necessary and ogress to said Tract from may be pledged or
to the operation of the Two pursuant to the ap• assigned In any mortgage,
Buildin s and improve• Proved Plans and deed of trust or other secu•
ments) that can be removed Specifications of Inc Land rity device made by Lessee
Mass Tract, and Upon rea•
Without substantial injury to sonabli request City end
any Bis mall and Improve- Lessee agree to execute
monis shall remain Inc such Instruments necessary
be removed• erty,of Leby Lane may for delineation of said ease•
long Lessee Lss not so merits, sublect to approval
as rIs not In of Lessee.
default hereunder. 9.04 In consideration for
8th The Ing, foregoing not- the construction and leasing
wlths l dgis and CItY of Tract Two, City agrees to
acknowledges agrees
le• remit annually unto Lessee
that an an° art aeprec herein a sum equivalent to
Fed aadlor amortization for the lesser 01 the following: 10.05 With due consider -
Federal :or state tax our- (a) That sum of money ation for the public
poses• relating to Inc available to the CIIY's Reln• tonvenlence and Interest, a
merits
other Improve- vestment Zone Number. One boat slip rental procedure
medts on the Property shay arising tram Inctax Incre' shall be mutually agreed
Inc deductible exclusively by
to secure dock and wharf-
age bonds (or other non•cify
obligation tax exempt bonds
If applicable) or other evl•
dentes of Indebtedness, if
any, where the proceeds
therefor are used for the
construction of facilities for
boat slips or related struc-
tures or purposes on the
pertinent tracts covered by
this lease.
and
reasonable- ren opv, v.•e If any provision of
r c e nay's fees, courtcosts make or enter into or finally
^subject to approval by the disbursements incurred by agree to any settlement, Lease or the application
Architectural Review Pan- the City In connection with compromise, or any dispose• thereof to any party or cir-
el, same being designed to any such default dna fermi• tion of any contest, or 009009 rices shall to ar y
facilitate the movement of nation, as well as in discontinue or withdraw any extent be the
or unen-
traffic and allow lent affil- connection with Inc execu• contest, or accept any re- forceable, the remainder of
Wien of the parking areas. lion and delivery of such fund, other adjustment, or this Lease Agreement, or
The,parking areas on Tract new lease, less the net in. credit of or from any tax or the application of such pna.
Two and Tract Three, as come collected by the C,ty assessment as a result of vision to persons er
applicable, may ee utilized subsequent to the date of any contest. Lessee, at its circumstances other tlsan
by ass termination of this Lease expense, shall upon demand !hose as to which it i invM;,
nts becom n ue - L ee for
compliance
excepted, su ec o an - - with the applicable parking Agreement prior to the axe- by Lift secure a surety i or u e
nue! Inspection and re sublease and appy such requirements of the zoning cuhon and delivery of the bond satisfactory in term to not he affected thereby and
approval by City In the rent against any sums due ordinances- City and Lessee new lease, any excess of City to secure payment of each provision of this Lease
event the Land Mass Tract to COY by Lessee hereun, covenant that there will be such net Income over• the any contested item or Agreement shall be valid.
Three Is developed by Les- der, No direct collection by free vehicular and pedestrt- aforesaid sums and ex• items, In any amount not and enforceable to the 9017.
see, Lessee agrees to keep City from any such
assignee
public open space areas o an ingress and egress to all payment of the rent thereat• penses to be applied in less than the entire contest- lest extent permitted idy
or cause to or subtenant shall e
and maintain, amount, including t- an law.
Texas Law to Appy.
-+
Intalned, et sirued to const l}u to a the Land Mass at nn cost to ter becamin9 due under in Interest or penalties relat- ARTICLE 30 I t
pence tat own cost
all timesduring
the term of this Lease
Agreement, the commercial
Portion of Land Mass Tract
Three, the commercial Im-
provements thereon, and
the entire bulkheading,
street and public- parking
areas of the Land Mass
Tract Three, reasonable
wear and tear excepted,'
sublect to an annual inspec-
tion and approval by City.
Lessee Is specifically grant-
ed a 1wen1Y•llve foot
novation or release of Les•the public. Such access said new lease, and
Ing thereof. •
see from the further shell be barrier free for the 11111 upon Inc execution 2202 Lessee shall save
performance of its oblige -
handicapped. and delivery of such new City and the Property
tions hereunder. 11 Is16.06 Lessee agrees In the lease in accordance with Inc harmless from all Taxes on
understood and agreed, operation and leasing of Inc provisions of this para• the Property (except for
however, that Inc provisions Land Mass not to tllscriml• graph, all subleases which that portion of the Property
of this Article Id and the nate on the basis of sex, theretofore may have been which Is leased or conveyed
provisions of Article 17 race, color, creed or nation- assigned and transferred to to City), and from all hens,
hereof p al origin. ' , the City shall thereupon be penalties and Interest In
this Lease Is terminatenolwlthstandind pIt al• ARTICLE 17 assigned and transferred connection therewith.
or to the Expiration Date ,without recourse by the City 22,03 During the term of
hereof as provided In Arti- The following events shall to the leasehold mortgagee, this Lease Agreement, Les-
cle 3, any permitted be deemed to be events of as the new tenant. see shall cause rill Lazes,
assignment or sublease then 401.0)1 by Lessee under this ARTICLE 19 assessments and other char-
invexistenc5 shale coptinue Lease Agreement: •Default by CITY• gas levied on or imposed on
es I} sold assignee or ebb- (a) Lessee shall fall to
This Lease Agreemen(9
shall be construed under
and in accordance with t9e
18w5 of the State of Texas,
and all obligations of the•
parties created hereunder'
are performable In Nueces
County, Texas.
ARTICLE 31 -_
Early Cancellation
by City.
The City shall have the
Continued on next page,
•
4 7110r
11TO Legal Notices
Continued from previous page.
Leasee, save and except
that arising from the negli-
gence of City or City's
employees or agents.
7.07 To the extent that
same can be reasonably an-
ticipated, said Plans and
Specifications, as provided
or herein, and as submitted
or City approval, shall pro.
ide ,for temporary
nstruttion sites or ease
ents for storage of
terial or construction ac•
s, if same are located
eridr of the Property.
ARTICLE 8
esign, Construction
nd Development of
e Commercial Area
Upon completion of
nstruction of the Land
as set forth in Article
f, Lessee shall have
ht at Lessee's sole
e,to construct, devel-
o}Intain and erate a
re all Area (hereinaf-
red to as Buildings)
an Land Mass Tract
Br ayfronf Site"). The
5 shall contain ape
e Y o
et 1a0 d00 square
Ua
atoll and commef-
ale to be built Plans
and a with the ro
rn
fi r5uans approved
gra° ursuant to Para-
004e
ara-
ma 2. The Buildings
Yby
Pue,. beet ed Lessee for
etre elated to tourist,
ter -or and wa
irtc ed activities
types of ail anaror com-
mercia activities:
boutique oto kiosks, fast
Mood sior arcade amuse•
men" gar all types of
res Laura shell shops,
end le- wood, leather
and jeweir hops, sporting
goods, spa Its furniture
stores, hot hold novelty
shops, cloth n retail stores,
o(n/stamp siops, art and
rill, galleries, souVenir
ops, 51Iboarq and board -
a' shops, nautical gift
psi calpera shops, fish,
and ssafood markets,
matt teSer machine ki•
bicycle :cooter shops,
'i shops of mall corridor
sail,lol1, water tax,,
r boat agencies; boat
acc beat hardware and
(but. rx shops, night clubs
no vent
than
R shall
more
italic
ltd the follow ono
facility serve alco-
relate rages which is not
food se a restaurant or
clubs, ( e facility), yacht
ty shop stations, special -
end ven ravel agencies,
comb,nati carts, or any
Buildings thereof. The
Sub-
let for riffle 0050 be algid
10 tourist, r 0000,related
eter-on ante rection and
The Buildings activities. be
su-
let for 0)f Y be sub•
unrelated 10 the Sboveaal-
lowed uses durinOhe first
Six (6) years following the
Date of Occupancy,vprov(d•
ed that in no event$shall
such unrelated office space
constitute more than twenty
Percent 120%) of the Build-
ings for suchu
period and
TheBuildings thereafter10%)ilnot
percent Buildin) nbe
used or sublet for residen•
tial purposes, hotels or
motels
8 02 City and Lessee ac•
knowledge that 11) the
de-
sign
conceptual
criteria forn d he
BUildlnMS, have been agreed
upon as shown by attached
Exhibit "B" incorporated
1110 Legal Notices
Lessee during the term of
this Lease Agreement.
808(a( On or before the
expiration of ninety (90)
days atter the execution rof
e
this Lease Agreement, there
shall be formed an Archi-
tectural Review Panel to
consist of eight (8) individu-
als to be appointed and to
serve for tour (4) year
terms (or in the case of
board chairmen, their deem•
lar term of office) as
follows;
(e) three Cividuals ap-
pointed by the City Council;
(ii) the Chairman of the
Marina Advisory Board;
(iii) the Chairman of the
Park and Recreation Advi-
sory Board;
(Iv) the Chairman of the
Planning Commission;
(v) one non-voting City
staff member appointed by
the City Manager, and
(vi) one individual ap-
pointed by Lessee.
(b) The architectural mo-
tif e of the Buildings will be
reminiscent of turn•of-
the•ce of CorpusChristi.
nt y or") nit
(see Lessee
ci1 City and
Y
Approe acknowledgept that
Approved Conceptual De-
signs have been agreed
upon ge, Strethat landscaping,
signage, street furniture
and other accouterments
will be consistent with the
Bayfront Plan heretofore
adopted by the City, The
Buildings would be approxi-
mately 150,000 square feet
of retail and commercial
space, with first floor
parking, and be limited to a
maximum structure of
three stories Prior to corn•
mincing construction of the
Buildings (asaph 8.0)), Leafed
by Paragraph 8.01), Lessee
shall deliver to the Archi-
tectural Review Panel for
Its final approval the Plans
and Specifications for the
BU(Id(ngs, and the ShallPanel
provide is approval or dis-
approval of the Plans and
Specifications for the Bund•
angs within thirty (30) days
after such Plans and Space•
'mations for the Buildings
are delivered to the Archi-
tectural Review Panel If
the Architectural Review
Panel disapproves of any
facet of the Plans and Spec-
ifications for the Buildings,
said disapproval shall be in
writing and shall specify the
reasons for such disapprove
al Lessee shall have the
option to modify said Plans
and Specifications for the
inklings or to refer said
Plans and Specifications for
the Buildings to the City, as
provided for in Paragraph
8 08(c) In its review, the
Architectural Review Panel
shall consider the Bayfront
Plan, architectural motif
and Approved Conceptual
Designs, and economic fea-
sibility of the project
(c) In the event an issue
of dispute arises concerning
the Plans and Specifications
for the Buildings and said-
Issue is not resolved as pro-
vided for in Paragraph
8 08(b), then said issue shall
be referred to the City
Council for final resolution.
City shall act within thirty
(30) days after submittal of
the dispute, and consider
the same criteria and direc-
tives made to the
Architectural Review Pan-
el City
good agrees
re-
view.
1110 ' Legal Notices
mens, as defined In Article
1066e, V,A,T.C.S., attribut-
able to new construction In
Land Mass Tract One,
Tract Two and Tract Three,
If applicable, and the addi-
tional Boat Slips (Boat Slip
Tracts "A", and "B" and
"C"); or
(b) that amount neces-
sary to amortize, on a level
amortization schedule, the
principal and interest on the
expense Incurred by Lessee
to construct Tract Two over
the expense which would
have Incurred to construct
Tract One, up to a maxi-
mum of 81 5 million in
capital construction costs
(inclusive of engineering
costs), plus any additional
amounts for Interim interest
which may exceed such
aximum.
In the event the City's ,pay.
ment to Lessee 'hereunder
fails to cover the amounts
specified In subsection (b)
above, City agrees to remit
to Lessee, as additional
funds arising from the fax
increments described in
subsectiona
( ) above be-
come available,amount
equal to0any re shortage and
Interest thereon.
City
0011and Lessee agree at
the Land Maas Tracts One
Tw
and Twoapproximately
eight acres maybe c000id•
eredie as a single tion-
Protion ofct h the r City's por-
tion of cost thereof being
ment costs for develop-
ment
ment of public
Improvements In the de-
scribed reinvestment zone.
However, theCity portion
thereof shall be reduced
by
that amount of constructione
cost paid through other
fundingavailable not
otherwise covered by
tax
Increment resources.
9.05 Aquarium the cvett ted
onthe not Cons. Cted
ity
on the Land Mass. City"
shallehave the option to to
develop, lease, construct,
maintain and operate air
Two
for a live (5) year
period from Date of Occu-
pancy of the Buildings on
Pratt aas defined it
Paragraph ., los
non-commercial purposes
only. Within said five
(5)
year period, upon request of
Lessee and yrovel by
ts, Lessee may exercise
se,
an option to develop, lease,
construct, maintain and with Trate, in c, approxi wily
(wTro ta es e, approximately
two acres of Tract Two for
the remainder of the Leose
ry term of this extension
Agreement
or anysmet terms
and thereof the same terms
and consideration oT asc) pro-
vided harem for Tract One
The balance of acreage
would be developed
ep by City r
as open space, parking or
other public use purtuant to
a mutually agreeable plan,
9.06 The City grants
to
Lessee the exclusive right
ven-
dor
to rsublease ts r license similar tl concessions tarns and ei ublic
walwao the
the public
walkways of the Lend Mas,
as Tracts Two and 'Three,oth
as applicable, and other
Trots walkway areas of
Tracts Two and Three (ted
eluding eneot any areas locaAquarium beneath of is the Aquarium
or Its plaza),sublect or
approval
of such licenses or
subleases by the Cit. Les-
see is hereby granted as
easementfor ingress and
egress and usa
Traci
Twa and the publicis Portion
1110 -Legal Noticbs
upon and implemented
whereby availability and
execution of boat slip lease
agreements are to occur at
the City's Municipal Marine
Office. The form and con-
tent of lease agreements
relating to slip rentals In
Boat Slip Tracts A, B and C,
and the marketing relative
thereto, shall be in the sole
discretion of Lessee. The
City shall be reimbursed,
over and above rentals
hereinabove provided, at a
reasonable rate which shall
at a minimum cover all City
costs, as agreed to by the
parties, for all such leasing
or other maintenance or su-
pervision of Lessee's slips
by or through City person-
nel, provided however, City
shall not be reimbursed for
City police or fire protec-
tion, nor for normal
Municipal Marina security.
ARTICLE 11 '
U l(tes.
Lessee shall pay or cause
to be paid all charges for
water, electricotY, gas, tele*
phone or a other r 01015
Y
used is TractOn r o t
e o c m
• rt portion of Tract
01 Threeithroughout the term
of this Lease, including any
• connection tees and neces-
sary offsite
costs. All
heating and all major cook-
ing .'ties shall gas
red. City shall p000191'IY, upon the request of
Lessee, join wh LOS50e to
the applications
and andnegoti-
ations with all utility
companies, their employees
and agents.
ARTICLE
.2
Mortgagyrtgage.
12,01 City agrees m that at
anym timeur and )e time toe -
01, 'during the term here-
of, Lessee may mortgage,
encumber state (o fee
the Leasehold Estate lee
simple estate, If applicable)
eit
of Lessee understood
hereby, y
being usuchstood that any
and all such encumbrances
aat all times Inferior
ashnd subject
t 55
to the prior
title and Interest of
City
Airy under this Lease
Agreement. Space et is 1 the
cult to anticipate all se old
requiramenta of a leasehold
mortgagee at the time sof
e
the execution ty this Lease
Agreement, withhold
is approval
not
etc, withhold its appaoval df
any reasonable amend•
Agrs to this Lease
Agreement required by a
leasehold or a
future leasehold mortgagee
which has committed In
funds to advance funds to
pet secured in Leasehold
or in
(-
part by the Leasd the City
"ante of Lessee, and the sixty agrees s act within at 01
(uc) days after submittal s.
+ such proposed amendments.
12.02 Cita agrees, if and
long
so long a all Estateor part s -
see Lis encof Les-
see ,s encumbered by d
written
sten no mortgage and
(lite n copy
f such effect
a cagy of such mort-
gage) has been given to
City, to give the holder moanrt-
gagesuch leasehold or
adde ae such baddress or
fleaddd
as le se shoed
Plod in Inc leasehold
mortgage for the giving m mort-
gageew the leasehold) 150
occur written nonce of the
default 01 any event ,
default of Lesseeaeoulyhereunder,with
the
contemporaneously of
with ehe
see.ng of suchotanotice Les-
see. No notice ebyr Cityato
Lessee hereruntler shall bg
1110 Legal Noolces ,1110 Legal Notices
tenant Had entered Into a
lease with City on the same
terms and conditions as
those contained In said as-
signee's or subtenant's
agreement with Lessee pro-
vided only that such
assignee or subtenant at-
torns to City.
14.02 At any time eller the
Date of Occupancy, upon
the sale by Lessee of this
Lease Agreement, in whole
or In part, Lessee agrees to
pay and remit to 'the City
from the proceeds of such
Sale ten percent (10%) of
the net proceeds to be cal-
culated as the amount of the
total purchase price re-
maining alter deductions
for reasonable closing costs
and any outstanding debt
attributable to the por),on
conveyed. Similarly, upon
any ref Inancing of the whole
or any portion of the lease-
hold improvements on the
Property by Lessee, lessee
agrees to pay and remit to
the City from the proceeds
of such refinancing ten per-
cent (10%) of the net
proceeds to be calculated as
the amount of the total refi-
nancing remaining ral aftesable
deductions for reasonable
closing casts (h such refi-
nancing g ant the principalding
portion of the outstanding
debt which was refinanced.
ART
Ll abilityICLE15
City shall not be liable
Lessee or Lessee's employy-
oast agents,,patrons or
whotees,msoever,
a 1t any pnjury
whomsoever, for any to
person or damage to
property on orabout the
Property caused bythe
Leasee misconductduduvt 0f
os
Lessee, Its
eeents, servants
o
employees, f any
other
o
her person entering
of
upos
the premises under express
se implied invitation of Les•
ace (unless caused ,I the
act ' neglect of eor
City's employees or
agents), and Lessee agrees
to armless fCirom
and hold
it harmless from any loss,
expense or claims arising
out of any such damage or
iniury.
easement arouna the entire
perimeter of the Land
Mass, including the applica-
ble portions of Tract Two
and Tract Three, as Is nec-
essary to maintain or use
such bulkheading, breakwa-
ters and piers.
13.02(a) During the period
of construction of the Build-
ings or other Improvements
on Tract One and at all
times thereafter during the
lease term, Lessee shall
keep the Buildings and (m•
provements Insured against
loss or damage by fire, with
extended coverage endorse-
ment or Its equivalent, and
flood if available, with re-
sponsible; Insurance
companies acceptable to
City as' Lessee shall select
and In amounts not less
than eighty percent (80%)
of the fair market value of
the Buildings and such oth-
er improvements. Such
policy or policies of Insur-
ance shall provide that any
loss shall be payable solely
to Lessee, which sum Les-
see shall use for repair and
restoration: purposes; pro-
vided however, e1 any time
that there is a (en on the
ieashante, ad estate, said insur-
ance, Lessee's payable
maycontain ar loss payable
clause in favor of any n
mort-
gagee fl h trustee rr
-
gagecoonwith under
he -
gage or lien u 007 the
terms it which any rely
coeds will rl payable solely
0 such mortgagee or trust-
ee All such insurance shall
re uiredd by, y ucnim as
gageeorred btrustee,
any such of so
mort-
gagee ed, as, of it not c-
ce p(abd, reasonably ac-
ceptable
mortgagee rtagle rt ( ane such
)Ls e , at h
e
(D) a agree at his vide
expense agrees to provide
and keep in f lease, compre-
hensive
the
term of this al liar g,ty and
damage -insurance oral s ace
(broadly m(0000(09
woad form) covering City
as well as Lessee with one
or more companies ble
insur-
ance comdadies authorized
to Can and duly authorized
ex -
0 transact businessrta age
In the property damage
Insurance no be in the
amount not less than
once to and liability11Om insur-
ance
note
note be is the amount 0f
not less thrson f1d not 0 00
less
for one person, and not lase
than 55,ceprole for one
dLessoccurrence, against
lig City
and Lessee )uyenst or
r-
0 any emsseeean or 007
other of Lessee and to any
other person or persons
whomsoever arising out of
or u tin, use,
rwc Inc
occupation, ose, y. condi-
tion) the Property.
In) Lessee agrees at Its
own cost
ex
t and expense to
obtain and omnis ro the
able) reasonably when
procur-
able) at all times when
demolition, excavation,work
(5 or
construction irk is y,
consresstrue on the b Prop insur-
ance
with
liability
slble
once with res goes' bee
[eatinsuable companies legally autho ize to Cans legally
authorised to transact Texas wish (( the Sof
te 51 00 0 0.00
w00
ith e of persons
and
810 damages„00 0to persons antl
age, pros ping C1 dam•
Less pr 05 well
a Cath and
Lessee, a well pe such has
Lessee person y designs as
may designate,
for againstu any and damage li (0 lity
007
for iniury Op oertyn any
Dotson or property an any
,.,.,, ar,.,,. ,n,n n1 viii -h”
I
CORPUS CHRISTI CALLER, Mon. Aug, S. IBS3 'ISR
1110 Legal Notices
1110 Legal Notices 1110 Legal Notices
ARTICLE 16
Quiet Enjoyment
16.01 City and Lessee cov-
enant and warrant jhat they
have duly authorized, exe-
cuted and delivered this
Lease Agreement; and that
this Lease Agreement ton•
511)01es a valid and,bind(ng
obligation of City and Les•
see, enforceable in
accordance with its terms,
sublect to bankruplcy, insol-
vency, reorganization,
moratorium and other simi-
lar laws affecting the rights
of creditors generally.
16.02 City covenants and
warrants (I) that City will
not transfer, convey, mort-
gage or otherwise encumber
all or any part of the Prop-
erty if- such transfer,
conveyance, mortgage or
encumbrance shall in any
way interfere with Lessee's
Peaceful and quiet enioy-
ment of the Property during
the term of this Lease
Agreement; (ill that Les-
see, on paying the rent and
performing Its obligations
hereunder, shall peaceably
and quietly hold and enjoy
the Property for the term of
this Lease Agreement, with-
out disturbance or
hindrance.
16.03(a) City agrees that
roc 8:five^(5 year• period
pay any Installment of rent
hereby reserved as and
when the same shall be-
come due and shall not cure
such default within thirty
(30) days after written no-
tice thereof (with' a copy of
said notice to any leasehold
mortgagee as provided in
Article 12 hereof); or
lb) Lessee shall fall to
Comply with any term, pro-
vision or covenant of this
Lease Agreement, other
than the payment of rent,
and shall not Cure such fail-
ure within forty-five (45)
days after written notice
thereof to Lessee (with a
copy of said notice to any
leasehold mortgagee as pro-
vided in Article 12 hereof);
provided, however, that in
the case of a default which
cannot be cured within for-
ty•flve (45) days then
Lessee shall be entitled to
an additional reasonable pe-
riod of time 'f Lessee has
with reasonable diligence
commenced to cure such
default and is diligently pur-
Suin9 such cure.
ARTICLE 18
Rem
18,01nthe
o
Upon the occurrence
of my of the }ore going
events of default set
without
in Article 17, City,
or em any furtherwhis notice
demand terminate thisoe0350
may meninwhich
evens
Agreement, n which event
Lessee shall immediately
surrender the Property to
City, and a ,nay, lith so
t
p (uddo, City may, wother
rem-
edy
em-
edyi which
to any other rem•
905 which 11 may have for
possession orain
rens, enter upon00 and ntl take
possession of the Properly
and the Builtsthingsereo and without
rn-
process 01 anexpel
0t
remove L law and expel or
remove yessee by force, if
necessary, osecut, being ti -
claim to prosecution or any
claim for damages thereof
18.02) possession reentry 01 tak-
ing er y a the
Properly by City shall be
construed as an ,nate is
Le part re terminate this
Lease Agreement. 01 unless inten-
tion 5 • notice of such to
Lis given by Land to
Lessee. Notwithstanding
(011 0 ding
any such reletting or
re-entry or any taking at
anytime
possession, CityBatt may. at
any lime this Leaseeas, elect to
termAgree-
ment
this iousdefault went fora previous defaul,
Pinch has not been cured,
Pursuit the fop de
remedy
shall not preclude
pursuits any of the ether
remany harem piesvided provo-
any otherlaremedies provid-
ed
by
Ci by few Forbearance once e
City to enforce one or more
• the a heroin pro-
vided
vided upoh default shall not
be deemed orw ivertof s Id
default. a waiver e' such
default. In the case of
default by the 01 Article
under
1
the provisions Article on
7,
the City well take no action
to effect a termination of
this Lease Agreement aof
with-
out first giving0notice lease-
hold
• defmortgagee
any tom
hold City
has en 0 whom
the dhas been niftier as
0t
provideddg in such 12 hereof
and granting such leasehold
anyI, mortgagee(s),prior
the the ight,
at
tur time s tee to tut forfet-
ture by under to City of se
Agreement,
under this Lease
Agreement, to accomplish
the following
(, ro obtain possession of
Session y (including pos-
session
nd
session by a receiver) and
19,01 If City defaults in
_the pert ormapce of ahy
term. covenant, or condition
required t0 be performed by
if under this Lease Agree-
ment, Lessee may elect
either one of the following
(a) Alter not less than
thirty (30) days written no.
Tice to City, Lessee may
remedy such default by any
reasonable necessary ac-
tion, and in connection with
such remedy may pay ex-
penses and employ counsel,
all sums expended or obli-
gations incurred by Lessee
in connection therewith
shall be paid by City to
Lessee on demand and on
failure of such reimburse-
ment, Lessee may have, in
addition to any right or
remedy that Lessee may
have, deduct the costs and
expenses thereof from rent
subsequently becoming due
hereunder; or
(b) Terminate this agree-
ment on giving at least
forty -live (45) days' notice
to City of such intention,
thereby terminating this
agreement on the date
unlessdes-
ignated in such notice,
su City shallhave10e cured
such default 45 -day
two 02 Inc event period
tte
19,02 In Incthe event tRe City
or the Architectural Review
Panel fails take action on
the approval or disapproval
of the survey, the plans and
specificationserr changes
thereto),or the leave
amendments which have
been properly submitted 10
the City or the Architectural
a5
Review Panel by Lessee as
provided by this to bl Lease
Agreement, the timetables
for she performance Lesee
. doss to be met by Lessee
subsequent thereto shall be
extended by p lime period
equal to the period of such
failure
ARTICLE 20
Attorneys Fees
If, on account of any
breach or default either
party in s bbh ti un-
der iliaetermsms and
conditions of this Lease • executing and delivering
such documents, fromtime
to time, and throughout'
hrethe
term of this lease, as
imi
be appropriate, necessary,
00 equored by the several
government agencies, poli-
tic utilities,, and companieS
any of Lessee's persogal
property situated in, on, or
'about the Property to -.be
levied on or assessed sepa-
rately from the Property
and not as a lien thereon,
ARTICLE 23 �-
Personal Liability •0
of Lessee n'
Anything herein ib,A•he
contrary notwithstanding,
Lessee or Lessee's sueges-
sors or as5(gn5 shall ,have
no personal liability for rent
or other payments herglzn-
der or for the performande
of any obligations tmdoded
hereby. In the event that a
default by Lessee occurs in
the payment of rent or other
amount due hereunder ohg
the performance of any-p5li-
gations imposed hereby,
City and each and every
succeeding owner shall look
exclusively to the Property.
Buildings and mprpye-
ments situated thereon( for
payment and discharge,of
any monies due or obliga-
tions imposed on the Lessee
hereunder, and in the event
It hereunder byLi'
sedeta u
hem or and
one eres,n unbar
Y 9
him, and the tgreement,inatioh y
they Lease Agreement by
desCitor Lessee, or anyi5(00801,
subles Lessee, mo Subtenant,
sublessee, mohe leasehold, ase+nor
othestarte
holder the hereby,
(,ps-
see00 created olding ter
•
see or anyone ele,aid
rim shall released gond
relieved hereunder any rrand this
Lease grmnand this
Lease Agreement shrill'•
ARTICLE
terminated
AR24 •
Easements and
Dedicativhs
In order to provide tor•The
more orderly dove may-nt
of the Property, it maybe
necessary, desirable, or -re,
guided that street, water
sewer, drainage, gas, pos4er
lines and other easemehfs
and dedications, and d,-
rights be granted orr dedi-
cated over or withnn
portions of said t-ty
n
City shall, oregoeSquest:of
Lessee, loin with Lessee.a
Agreement, it shall become
necessary or appropriate
for the other party to em-
ploy an attorney to enforce
or defend any of its rights
or remedies hereunder, then
the prevailing party shall be
entitled to recover a reason- for the purpose of granting
able attorney's fee in such such easements and dedica-
connectmn
ARTICLE 21
Mechanic's Liens
21 01 Lessee covenants
and agrees that d will pay
or cause to be paid all sums
legally due and payable by
Lessee on account of any
work performed ,by or on
behalf of Lessee on the
Property on Which any lien
s or can bev alidly and
legally assertedagainst '15
leasehold interest in -the
Property or improvements
thereon, and agrees to in-
demnify and hold harmless,
City from and against any
loss, cost 00 expen50 n1 con-
nection therewith It is
understood and agreed,
however, That Lessee shall
have the right in its discre-
tarns
ARTICLE 25 �>
Recording
This Lease Agreement
may be recorded by either
party, or at the reques)-of
either party, City and Les-
see shall execute ''a
short -form memorandum -of
this Lease Agreement watch
may be recorded
ARTICLE 26 .; T
Notices
Any notice or documf,n1
required or permitted tope
delivered hereunder shall
be deemed to be delivered.
whether actually received
or not when deposited in the
United States mail, postage
Prepaid. certified or regis-
tered mail, return receipt
requested, addressed to ftke,
tarn in good faith to contest parties hereto of the reser-
any and all such liens, and five addresses set ppb
Lessee shall not be obligate opposite their names below,
ed to pay the contested item or at such other address&
or items unless'and until it as they have ihefetofere
has been finally determined specified by written notice
to be valid and enforceable delivered in accordagCai
against Lessee's interest in herewith.
the Properly CITY
.21,02 Any -mortgage or- City of Corpus Christ,
other lien created by Lessee 302 S Shoreline
-sina
<' 'Lpus 1110 Legal Notices 1110 Legal Notice
*i E'c3�65sc. swat +HONTING LEASES avail.
1l l P ,2: 4g37'%".a Die'""""'I lid In id a l'
-313$. �r
6aiiyis5-T531.992.5708"- in embers hips or large
blocks for corporations,
Rc.'lalya:me•'ItsmitrZL 2 -cafe 11th Floor- luxury The Western O man,
a341aL-"-' office, waterview, 5100 sq, Inc, Call 915.639.2623.2623
ff. THE GLOWER CO.
GmpwAY SHOPPING
Center excellent retail
adea•i,n. 1280 s.f- Avail
aparox Aug 1st 991-4950.
HEINSOHN ROAD near 44
a airport 200ft frontage,
40x78• warehouse w 3
ofcs., coffee bar Call
1-275.5764 or 1.275-6818
IDEAL FOR grid location
Unique restaurant con-
cept.
o
cept. Cust inti -tease neg.
SUNBELT REALTY
Resources Inc 853-8971
MUST LEASE, 5,000 sq ft
Building 4,000 sq ft ware-
house with 2 14)1
overhead doors, 8. 3 phase
electric And 1000 sq ft
office space, ready for im-
mediate occupancy, an
almost 1 acre with fenced
& caliched yard, -only
01800 per month CRAV-
EY REALTY, 887.0887.
OFFICE SPACE (1320 89
ft,) and warehouse space
(11,800 sq, ft.) combina-
tion and balcony storage
(2600 sq. ft 1. Located en
Westside on 1.37. Paved &
fenced yard. Call 853-2271
OFFICE• WAREHOUSE
space for lease. Will finish
to suit your needs. 4 to
choose from 5412.50 to
S825 mo. 854.0217
OPPORTUNITY. 2,200 sq.
It site, zoned 1.2, 2 build.
ings totaling 5,460 sq. ft
VESTLAND 854.1015
RENT, METAL building
2,000 sq ft. Rodd Village,
fenced. 991-1525.
RETAIL SPACE. 514 Ever-
hart at Alameda, 3200 sq
ft, Presently PPG Paints.
Call 855-6201, Jim Kidwell
RETAIL WATERFRONT
location. Rockport Furni-
ture & fixtures avail,
Choice site. Lease, 1400
sq It 882-6575 1.729.8141
SHOP 8 OFFICE WITH
FENCED YARD 5475
PER MO 289.1169
OP SPACES McCord
a..S '.E55 CENTER, 5566
4 •rs. 255 7231
S P' 7 Al' Everhart 940
6P. 11 tot 'ease n K -Mart
"e-•er Don Brown
Ws -t391 or 992.5427
:. 1:,000 sq ft office
& s'Oa 1 acre fenced lot.
• compressor overhead
coorsEx:el,enl exposure
Call 855.4783
THE ,MOST elegant market
place T town Le Marcne
'a5 spate .504.1 'c• ease
Zn 793-1054
TRA0E.1 \0 MiY' 51:'.
cIIC
•Cxi :.3-. 52}55:
[-''x 3 1. 7- ,t -ca•: a•
Oaf , n: EE . 5E a `
r s: •' x,- a Ar 5.
vs_•a ALT- g Tn:
4x4:_-i__c_ 2::
s
4C, a -sem e^ ?
pr-. C•R•=,�<L.
=roe a.
ESTABLISHED GOLLIHAR
building. 1100 sq ft avail-
able Call LANDCOR INC
888.9152
EXACTLY WHAT
You've been looking tor.
Choice office space with
convenient downtown lo-
cation. Interior done to
YOUR specifications
Leases negotiable Janito-
rial services provided
Parking available
SUNBELT REALTY
Resources Inc 853.8971
NUECES BUILDING- mod.
ern office space available
883-3578 •
OFFICE & Office- ware-
house combinations
available al Commerce
one on SPID Good loca-
tion & flexible square
tootages. Call 852.7986
0.0 B W W,A - Whitewing
lease. Sunflowers and
grain. 500 acres For res-
ervations 1.426-1288
WANTED DOVE & quail
day lease between Maths
B Halletisville preferred
6 guns per day, 6 days
10181 season All adult
hunters. 512-854-3238
WHITEWING HUNTING
Sun Flowers :n Resca San
Benito, accommodate any
number 512-399.2645,
1-399.5323, 1.748.2648.
8TH ANNUAL HUNTERS
EXTRAVAGANZA San
Antonio, Tx. Sept. 9.11
Largest hunters show in
the Southwest. Limited
booth space available,
882.2953
11
OFFICE -RETAIL space lE6AlS
available in charming lit•
tie mall on SPID 650 sq
It available Flexible
terms, Call 852.7986
OFFICE SPACE Cresent
Office Bldg in Portland,
Texas 643.2518 or 855.7346
OFFICE SPACE Available
Flexible square tootages,
attractive terms and
rales, parking available
Professional on• s,te man.
agement by ConAm
Petroleum Tower
883-9661
OFFICE SPACE available
near Crosstown Express-
way, 450.20,000 sq It
available with below mar•
kef rates and ample
parking Cal! 852.7986
OFFICE SPACE available
at Plaza Business Park on
Corona (600.5000 sq It
available with reasonable
rates Cal: 852.7986
OFF STAPLES Z. Morgan.
Offices avail Large or
small As low as 39c a
so ft No lease req Good
security a parking
883.9706
OIL INDUSTRIES building -
modern office space avail-
able 883-3578
ON TANCAHUA 2 office
Suite, recep, coffee bar,
stor ch a Lease 5420+
e'ec 888 4656, Louise
ON THE Water. Very nice
office building conte n ng
4600 50 ft office space
covered parn,ng plenty 0f
'nee storage On the lva
2816 N 5`:•e ,ne
• 55; pe- 541' Har
▪ et e5r..,S b.
CR.:
Ev RE _Ty
S� TEST
J6 L zsot
3� Ssi 0 Irr rrJCV
s..er.st 04,M moi.
the City Council for negotia-
tion between City and
Lessee for the development
of said land mass and'im-
provements thereon, and
WHEREAS. the City and
Lessee have reached an
agreement for the construe•
lion and development of a
land mass and improve-
ments thereon to be located
north of the Peoples Street
T -Head
NOW. THEREFORE,
KNOW ALL BY THESE
PRESENTS:
That the City and Lessee
for and in consideration of
the exchange of mutual coy
enants and conditions,
agreements and stipulations
herein contained and set
forth, do hereby contract,
covenant and agree as fol-
lows:
ARTICLE 1
Escrow Deposit.
1 01 Lessee shall cause to
be delivered to the City on
or before October 3, 1983, an
irrevocable Letter of Credit
payable to the City in the
amount of One Hundred
Thousand and No/100 001-
lars (6100,000,00) from a
reliable financial institution
or lender, said Letter of
Credit to be drawn upon by
the City as liquidated dam-
ages should Lessee fall to
commence construction of
1110 Legal Notices the Land Mass within eigh•
' teen (18) months of the date
BUDGET HEARING hereof and this Lease
The Board of Trustees of Agreement has not other.
Calallen Independent School wise been terminated
District will hold a budget pursuant to the termination
hearing on the 1983.1984 provisions herein It is ex•
School Year Budget On Au• pressly agreed by the
gust 15, 1983, at 7 30 p m, parties that Inc City shall
in the Administration Budd- not draw on said Letter of
ing 4205 Wildcat Drive, Credit unless the Corps of
Corpus Christi, Texas Engineers shall have issued
INVITATION TO the appropriate permit or
BIDDERS permits for the construction
PROJECT: of the proposed Land Mass
R.viera Junior High and piers in substantially
Expansion. the configuration attached
Riviera. Texas hereto as Exhibit "A" and
PROJECT NUMBER unless the Survey is agreed
03-833(8 upon pursuant to Paragraph
BID DATE AND TIME 202 hereunder, and the said
August 22 1983; 5.00 p m Letter of Credit may ex -
ARCHITECT pre55ly so condition Its
SHWC, INC, Payment The date for com-
Architects, Engineers, & mencemenf of construction
Planners may be extended by the
4444 Corona No. 120 mutual written agreement
Corpus Christi, Texas 78411 of the parties
(512) 851-8351 1.02 Lessee shall Immedr
Sealed Bids for the above ately herewith commence
referenced protect will be the preparation and filing of
received by the Board of an application for the neces-
'trustees at the following sary and applicable Corps
location• Riviera High of Engineers permit, and
School Library, Ninth and this Lease Agreement is 08-
Cypress, Riviera, Texas. Pres sly conditioned upon
-All bids must be on a lump receiving the express ap•
ssum basic including General prove! of all applicable
Contract. Electrical and
federal, state and local goy -
Mechanical work Bids re- ernmenlal agencies of the
ceived alter This time well proposed Land Mass and
not be accepted Bids will Improvements thereon with-
be opened publicly and read In eighteen (18) months of
aloud. the date hereof. Upon re.
Contract Documents may quest of Lessee, City agrees
be examined at the Archi. t0 promptly tom in the aD•
tea's office and at
plication and use alt
F W Dodge Offices diligence in assisting with
San Antonioobtaining all permits con -
AGC Offices templated by this Lease
Cornus Christ.Agreement, provided that
Otners Such apol,cal.ons are In
Builders Exc'Sange conformity with Inc Plans
San Antonio and Specifications as ap
Coc es 500 a:c.e cxu- 0r0ve0 0 Ar:icte 1
ne015 "04 00 0000,rser. ar ARTICLE 2
-"rite :: r! Ar:11C1 .-a Dre,se 0r :ease 0r-.
aCCC<�^.avt . •pt dc- __i .7 tt 3'C inn Cce
cre
sa^.x.c.r •- _ __, :art. n 07 ae Ye rents
00 s;t •Yy 0L ,7041.'9 111_ 7,0,405
turned to Lessee
2.03 Upon completion a
approval of the Survey
hereln•provided, but in
event less than two hundr
and seventy (270) days er.
the date hereof, the Prop:
ty shall be speclfical
described by metes a
bounds for each respects
tract and attached hereto
an addendum to 855,'
"A", and thereafter be i
corporated by reference I
all purposes herein
2,04 The City does turf,
GRANT, BARGAIN, SEL
and CONVEY unto Less.
Its Successors and assign
a permanent easement an
right•of-way on contigucu
and adjacent piers, street
and the Peoples Sfree
T•Head, during the ter
hereof, .for the construct,o
and maintenance of tri
Land Mass on the Property
the Boat Slips, docks an
wharfs contemplated here
by, and all retaining wall
and breakwaters Shown b
Exhibit "A" or as neces
sary to protect the Marini
area encompassed by Boa
Slip Tracts "B" and "C"
provided that said easemen
and right-of-way is in con
formity with the Plans an
Specifications as approves
n Article 7. City further
agrees to reasonably grant
such further written ease
ments to Lessee as are
necessary to provide all
necessary and reasonable
Ingress and egress or ac-
cess, and utility easements
for the commercial and
public development of the
Properly, and does so grant
an0 convey said necessary
and reasonable easements
to Lessee hereby.
205 City further grants.
lets and demises unto Les-
see, and Lessee's
employees, business invr•
fees and agents, the
non-exclusive use of certain
areas of the Peoples Street
T -Heed, as follows: Any and
all public roadways now ex.
(sting thereon for purposes
of ingress and egress to and
from the Property, more
particularly Boat Slip
Tracts "A" and "B", and
automobile parking areas
appurtenant thereto suffi-
cient to be 'n conformity
with the ordinances of the
City.
2.06 City does further
GRANT, BARGAIN, SELL
and CONVEY unto Lessee a
permanent easement and
right•of-way, during the
term hereof, across,
through, upon or under the
sea wall adjacent to the
Land Mass Tracts, for the
construction and mainte-
nance of access ramps with
appropriate curb cuts, the
design and humber of which
are subject to City's approv-
al, sufficient and of a design
t0 properly facilitate and
enhance the development of
the Property as contemplal•
ed herein
ARTICLE 3
Term
301 Th,s Lease snail oe
for a term of forty :40
years commencmg on toe
da. 09 August 1983 rN
Commencement Da•e
C end.04 oft the Pat
AS.tust 2323 ;cite Ex.•a
•fpr Daae Sc: ! -
Y
CC_� d. 41 1•.
clearance warehouse
offices + 3000 s
grgund level wareho
20 clearance, fenced
Paved parking Easy
cess to expressways, 5
=Ayers BE ew ekd
3 OFFICES for lease
P
with PRESTIGIOUS OF cordance ea0b bry in
q ft space available, 2700 OFFICE StatInstutory to ods for
use, in Everhart Plaza Man. mance 0? Bonds nor per
yet, aged by LANOCOR INC mance of the contract
ac- 888.9152 for payments of macho
568 PRIME OFFICE Builtlm qured materials will be
Ys near Gaslight Square. g to 180% of he a ceptedeq
re- Atlequate park' Th
reser
ac. pal Marina tles(gnafediiion am 00n8iderat(on tfhen
the the attached Exhibit '•q'• as available for property in the
510 tracts designatetl as fol.
City of Corpus Christ( hav-
aaa %•Two, Tract+Tract T Tract w°30Y 7h1ieLease shall ter.
Two, and Tr hreecus
pits which together constitute urinate end become null and
re- the "Land Mass" or "Land void without further Ocoee
ual Mass Tract", and Boat Shp on the ezpira(1on of the
bid, Tract A", Boat Shp Tract Primary term, and any
th'�' • and Boat Sltp Tract holding over by lessee atter
6",.-1"C", all Six tracts being the exp(rat(on of Such term
ale herein collectively referred shell not constitute a renew.
Ip to as the "Property', The alrhereof or give Lessee any
tp lessee or its assigns shall rights hereunder in or to the
to have the right to raise and Property,
yi, fill in such Property with ARTICLE 4
r5 sand, soli, and dredged Spo(I Conditions and f
11. from
mdeg Munlcerty, Mor sur. t arina,' Reservations•
or otherwise, as'a m'a';l terminate'this •Lease •
1 by City and Army Corps of Agreement, and the parties
that area designatedd [eas ther
obligation each other '
Boal Slip Tracts "q'•, ••B•, hereunder if any one of the
A antl "C", which grant here• following conditions piece -
E•
erinection and maintenance os limited to f da (a) failure eto obtain a
OR breakwaters, piers, wharfs United States Army Corps
OF and boat slips. of Engineers permd(s) ra
55 70 HAVE AND TO HOLD cording to terms and
$ the said Property and contllt(ons reasonably ac•
D leased premises, together septa ble to City and/or
with all rights, privileges, Lessee, Io [onnec}(on there•
easements, appurtenances, with, Lessee shall exercise
and immunities belonging to its best efforts to prepare
or in any way appertaining and submit all applicatlonf
to said Property to the ex. necessary and required by
created in 5110 future, itrang Corps at Engineersforsaid
accretion, alluv orn,rand oth- provided mit(s)that such appand City lica-
er riparian and littoral tions are in conformdy with
rights incident to or pertain. the Piens and Specifications
ing to the Land Mass, which as approved in Article 7,
Provided are i hon wever,dthe to Sur- promptly loon nwl ti ct
cos
vey hereinafter described to Crty, ton the applications
and the Pro ert to Cit
elude Sutflclent submerged and 'Permingg with obtaining
property or land for the sa id Pealurse
construction antl slope ofchange
(b)ge in r zoning from a
the bulkheads, whereby alt chap zoning to"Special Irom
bulkheads and breakwaters B 2 z 0
shall be included In the Use zoningrmit" or other vie
leasehold estate conveyed once under the
herein, andLessee el of the eqy, it
the Property berovidetl included in
such said elects to Use
request
however, this mil ectal Use Per-
t° allconveyance is matters made subjectof r flag failure to obtain pat -
in
the County Clerk's Office, of the Pprodasetl'(mpr ble,
Nueces County, Texas, and ments or protect under' the
the oil, gas and mineral ordinances of City.
reservations by the State of (d) failure to agree on the
Texas, Survey as ptov(deil for in
2.02 Within one hundred Paragraph 2,02, or correc•
n4 eighty (180) days of the }Ions or modifications
ause,fe nat Lessee sssolescost th4 02 ereto.
nd expense, to be delivered men( If Is his terminatedese
o City a current plat or pursuant to this rticle, ter-
urvey (herein referred to minat(on shall be effected
s "Survey) of the subject by notice in writing delis,
roperty prepared by a du• ered to the other party
Y licensed Texas surveyor hereto prior to the nom-
ceptable to City and Les• mencement of construction.
ee, setting forth a In the event of termination,
ascription of the Property, all consideration or deposits
d each designated Traci previously paid byc Lessee to
ereon, by metes antl Clty, and tepee
e Letter of Cred.
compan(edunds, and s by hall aurwritten ►romptlYpbel retulraed and
scription of each Tract neither party shall have any
scribed by metes and further liability or oblige.
ands thereon. City shall tion to the other hereunder.
ve thirty (30) days alter 4.03 Lessee and/or City,
ce(p( of such Survey to at no cost to City if re-
iew same. 1{9 the event quested by Lessee, may
any
naeceiptab e'(0 CItY then Ruling tfom the 011lce tot
y shah, within the thirty the Internal Revenue Ser -
day period for review, v(ce for the United States of
uch
Lessee
Lessee notice
America paid concerning ix
teens! y rax
mptly
modify ke ellt'such Developments or Bonds, which
cceptable portions to the may 110 issued to connection
enable satisfaction of herewith, which may be ex-
on the event City Is eluded from Income under
le to reasonably ap. Section 103 of the Internal
ve such corrected Revenue Code of 1954, as
Sun,
Lessee or City
amended.
terminate this Lease, ARTICLE 5
the Lease shall there. Rent,
be null and void for all 5,01 Beginning on the first
ses and all deposited day of the first month of the
or Letters of Credit sixth year after the Date of
be Immediately re. Occupancy (as defined in
fessional bldg. Odem,
512.368-2444,
4000 SQ� OFFICE
WAREHOUSE. W,0
852.8450,
5000 SQ FTS new wareho
corner lot, 4 overhe
doors 6342 Greenwoo
51400 mo, 854-7629
7,500 SO FT, Concrete Doc
High Warehouse, wit
small fenced yard, 01
monarch Paper Ware
house on Medina. 5112
per month•
• CRAVEY REALTY
887.0887
1060 Offl i ems_
ABOUT 90% of our tenants
choose us because we
offer Central Office Ser-
vices as they are needed•
•Receptionist
•Telephone
*Secretarial
*Conference Room
'Coffee Shop
"Copy •Postal
Isn't it time you too
addressed efficiency?
SAXET OFFICE PARK
887.2929
ABOUT 90% of our tenants
choose us because
offer Central Office Ser-
vices as ?hey are needed:
'*Telep(on(st
Telephone
'Secretarial
'Conference Room
'Coffee Shop
'Copy •Postal
n9 only a Owner y
To, LUN per sq, ft, C088 rig"' h all bitl
QUIST REALTOR thirty (30) days from d
854-d4dB, f of receipt without acllon,
SUB LEASE felect any and all bids
ori les and
equire state t
8
W,
waive Irregul t '
r mens or e
ad in now uptown office dense
0 building, Fln(shed a suit qualificationsincludingnew tenant 1300 sq- fl _ _
51,235 mo„ 26 mos re-" NOTICE -OF
h alning. MARTINE' PASSAGE OF
h PROPERTIES 888.4808 • ORD NO 17753
d 5, STAPLES ai Weber- 4730 AN ORDINANCE
5 SOUTH-. ft. OFFICE PARK 40TEAROLEASE AGRE
CO, 882-8496HE GLOWER MENT WITH BAYFRON
ASSOCTHE GLOWER CO offers THE DIEVES, LTD TF
for lease at Office Park A NEW LAND
South 268, 475 55, f1 NORTH OF THE PEOPLE
suites 882.8496 STREET T -
THE 600 BUILDING RELATED BOAT SLIPS
N
Office space available &E IT ORDAINED BY
Call 883-1517 THE CITY COUNCIL OF
TOP EXECUTIVE SUITE CHRISTI, THE TTEXY OA1• CORPUS
custom Apo 2200 5f with split level SECTION 1 That the City
dwntwn lone lease negotn me zed Managertoois execuefee ay 0-ecay-
SUNBELT REALTY lease agreement wild Bayr
Iron} Associates, Ltd, for
Resources Inc 853-9971 land mass norfht0! the pep
UPTOWN OFFICE Space pies Street T -Head and
Available- on site parkin more
fully boat slops, all he
attractive terms The W9- more e set ,oath ba the
son Tower Professionally tease agreement, a (ch i •
managed by ConAm Man. atal copy of which is
agement Carp, 8Bd 8855. attached hereto and made a
VERY LARGE Executive "A"'heantl hat hd e xClby
office. All bd is pet and Council finds and deter.
ianitorlal. Free parking. mines that Bayfront
8120 mo. C R A V E Y Asso0ates, Ltd is making
REALTY 887-0887. an Investment which relates
WAREHOUSE 8. office reasonably to the value and
Space available n Plaza length R Such lease
Business ePark. LAN000R GROUND LEASE
AGREEMENT
17,150 5 THE STATE OF TEXAS
Q. N of luxury f- COUNTY OF NUECES
tote building, Available THIS GROUND LEASE
immediately, 5600 per sq. AGREEMENT ("Lease
ft, Call 993.6420 Agreement') 's made and
065 entered into this .., day of
Resort/Motel tweenl' the ciivd of a
Hoover Motor Lodge CORPUS CHRISTI, Texas, C
1ve N. ChaparralLg a municipal corporation or- a
Close to Convention the State 0? Texas under e("Csity"), s
Center and Bayfront andE BAYFRONT A55001• a
Copper Skillet Restaurant- AT(ed a to , i T" . P
Dally rates 518 and up; limited partnership ("Les. I
weekly rates 565 & up. TV see"7ac
nil A/C. Cali 884.6801 WHEREAS, the State of s
Texas has conveyed by Let- d
channel, 210 1 bdrm, 2 Action,hi. ter certain snt and ubmerged Ih
a , 5550 mo. 854.1494- land lying and situated un. bo
70 Hunting Leases
der the waters o the tCity ,oands dee
deri(h Bay
—�� WHEREAS, City adopted de
EXCEPTIONAL White. on December 29, 1982, that bo
ing Dove, day lease on certain Bayfront Plan, and ha
he Rio Grande River in
designafetl "Re investment re
stern Hidalgo County. development erat One",hefor the
Central ay
unllowers 8 grain Maidstth Business District and Marl• s u
NSo
____________crowding' t 513 460 4384
1110 f Ct(y s revitalization rea 13i0
LEASECorpus
WhNTED and Corpus Christi Beach give
near Corpus Christi. for the benefit of City tali• of s
Call 643.5848 dents and visitors, said plan pro
TASTIC DOVE i� being incorporated by refer- res
(Inc, in Mexico, 40,000 ansa; and ung
res, millions of tloves 8 WHEREAS, en August 18, reqs
0 of quells. Accepting 1982, the City solicited pro- City,
mite
Isn't it time you too
addressed efficiency'+
SAXET OFFICE PARK
887-2929
ALL OFFICES have onsite
Parking at Park Towers,
300.3000 sq,1L Available
Immediately. 883.7792,
Amazing Bargain
8,000 sq fl. free standing 1
Story 0?flee bldg, Corner
of Buffalo & Tencahua.
Adjacent parking 0v0il,
$4800 per mo. 882.3670,
APOLLO RD, Office space,
5550 mo. Bills pd. Cali a
851.9732 or 991.8149
ATTRACTIVE °N
OFFICE b
available now. 676 sq ft 10
of nice office space in
uptown location 883-8143. AN
AT GOLLIHAR. All bills pd, w
480 , security /15 •8, parking We
Call 855-0633, S
AVAILABLE IN quadrangle p
office complex, Prime
Southside space, 600 sq -f(, DO
& 800 sq,ft, Managed by
LANDCOR INC 888-9152,
AVAILABLE SOON prime FAN
bbstness location- Approx, hun
5,000 sq.ft. Will divide, ac
5433 5. Staples, 992-5200 100
5433 S. Staples,
u• li d number of hunt- Posats for the development unab
clue office, 185 sq.? ars. Coniacl eirtls are U. of a lantl mass (••Land Pra
Ullli Rt a Box 322, Devine Tx Mass") and Improvements Sur
etl within ma
R LEASE OR SALE a north of the Peoples upon
I hTExcel Excellent Huntingg Street EREAS pan March 23, funds
purpo
512.278.8676 1983 Lessee was selected by shell
AVAILABLE
Parking
& janitorial 7801
9 pd, 993-1803,
A GOOD Location 1 office FO
or suite, reasonable WI
prices. Call 289.0991,
Call 1-663-9675. thereon to be local
the Municipal Marina, (o ands
th
i Legal Notices
.graph 5.06) of Tract
and again commencing
ne 'Ike date after the
of Occupancy of Tract
e, In addition to the
irmance by Lessee of
ether terms, provisions
:onvenants hereof, Les-
igreeS to pay and remit
City rent for the appli•
' Property determined
(lows.
A monthly sum equal
le percent (1%) of the
s Receipts (as defended
aragarph 5 04) on all
I space, including res-
infs.
1 A monthly sum equal
we percent (5%) al the
s Lease Income (as de-
xl In Paragraph 5,04)
all boat slips for the
eding month.
A monthly sum equal
ve percent (5%) of the
Rental Income (as de -
1 in Paragraph 5 04) for
on -retail space for the
eding month,
nning an the first day
to first month of the
:nth year after the Date
supancy (as defined in
'graph 5.06) of Tract
and again commencing
he like date alter the
of Occupancy of Tract
In addition to the
mance by Lessee o1
7ther terms, provisions
covenants hereof, the
sls for the applicable
,erty shall escalate to
allowing amounts
I- A monthly sum equal
vo percent (2%) of the
s Receipts (as defined
'aragraph 5,04) on all
I space, Including res.
sots,
1 A monthly sum equal
Sven and one-half per -
(7.5%) of the Gross
e Income (as defined in
graph 5 04) for all boat
5 for the preceding
th
1 A monthly sum equal
even and one-half per-
• (7,5%) of the Net
al Income (as defined
'aragraph 504) for all
-etail space for the pre -
,g month.
above percentage
unts established in the
10th year shall be ad.
id automatically at the
0f every ten year period
!after (each of which
s is referred to as an
lustment Date") by
ipiytng such percentage
ants by the percentage
1ge in the Consumer
e Index, of its replace -
t, published by the
ed States Department
ommerce at the corn.
cement of the eleventh
a5 compared with the
.umer Price Index for
,econd month preceding
applicable Adjustment
pl'b0rded"thal~in no
t shall the rental rate
.ross Receipts for retail
e be less than two per•
(2%) nor exceed four
int (4%) and the rental
on Gross Lease Income
all boat slips and Net
tat Income for all
retail space be less than
n and one-half percent
4,) nor exceed ten per-
t (10%). Such
entage amounts shall
stn in effect until the
succedding Adjustment
12 All rentals as pro-
d for in Article 5 01
1110 Legal Notices
hereinabove, shall be paid
by Lessee to City within
forty (40) days alter the end
of each calendar month,
commencing with the tenth
day of the second month of
the sixth year after the
Dale of Occupancy
5.03 All installments of
rent hereunder, when and
as they become due and
payable, shall be paid in
lawful money of the United
Stales at the time to the
order of City, Attention,
Collections Section, and
payable at 321 N. Mesquite
5t. or to P O. Box 9277,
Corpus Christi, Texas, 78469
or at such Other address as
City may designate in writ-
ing to Lessee.
5.04 As used herein, the
term "Gross Receipts"
shall mean all receipts and
payments made to subten-
ants in cash, by check or by
credit cards, 1e55 applicable
sales taxes and other taxes
based an sales payable to
the State of Texas or the
City, and the Alcoholic Bev-
erage Commisssion, and
less applicable trade dis-
counts or credit card
discounts. The term "Gross
Lease Income" shall mean
all receipts paid to Lessee
for boat slip rental, 1e55
deposits,u telity charges,
taxes, andInsurance, but
prior to any debt Service
The term "Net Rental In-
come" shall mean all
receipts and payments
made pursuant to the appli•
cable lease agreement, less
a0 deposits, utility charges,
taxes and insurance, but
prior to any debt service,
5,05 Lessee, its successors
or assigns, and 809
subtenant operating a com-
mercial facility on the
Property shall keep strict
and accurate books of ac-
count in accordance with
generally accepted account-
ing procedures and
practices Commencing
with the payment of rentals
hereunder, Lessee, its suc-
cessors or assigns, and any
sub -tenant shall furnish to
City monthly statements
showing receipts, and shall
be certified by the
sub -tenants operating a
commercial facility to be
true and correct to the best
of its knowledge, and shall
be submitted with payments
described hereinabove The
form of Such statements
shall be prepared in accor-
dance with generally
accepted accounting prac-
tices and in a form
acceptable to City, City
shall have reasonable ac•
cess to all accounting
records of Lessee, .1s suc-
cessors or assigns, and
sub -tenants operating a
Commercial facility on the
Property.
506 "Date of Occupancy"
as used herein shall be that
date when the first Certifi-
cate of Occupancy for
Bu)Idipgs on Tract One and
the first Certificate of Occu-
pancy for Buildings on
Tract Three, as applicable,
are issued; and further, in
reference to tt+e Boat Shp
Tracts, that date upon
which the first rental re-
ceipt Is received by Lessee
from Boa) Slops or other
tmprovernents constructed
on or on the respective Boat
Slip Tract(s).
ARTICLE a
1110 Legal Notices .
Use of the Property.
6,01 It is understood and
agreed That the purpose for
which the Property has
been leased is for the devel-
opment and construction of
a single, separate
free-standing land mass and
bulkheading as shown on
Exhibit "A" attached here.
to and Incorporated herein,
Lessee shall further plan
and construct approximate•
ly four hundred (400) boat
slips and related small boat
harbor facilities on that pot,
tion of the Property
designated Boat Slip Tract
"A" and "B" and "C" Said
land mass shall be commer•
dally developed for public
and private use as more
fully set forth herein
02 It is contemplated by
the. parties That financing of
this project well require the
issuance of Industrial Reve-
nue Bonds, Dock and
Wharfage Bond5,' and or
Non•City Obligation Tax Ex-
empt Bonds, as well as
public and or private
grants. City expressly
agrees to participate and
make alt necessary and
proper efforts to obtain, or
aid in obtaining, and to
qualify or aid Le5see to
qualify for such financing,
bonds or grants. The parties
further expressly agree that
any provision hereof may
be modified or amended up•
on reasonable request by
Lessee to comply with re-
quirements or provisions of
the Internal Revenue Code
of 1954 as amended, or ap-
plicable local, state or
federal law or regulations
whereby this pr0lect would
or could qualify for tax ex-
empt status for interest
paid by Lessee in further-
ance of this protect
ARTICLE 7
Design, Construction
and Development
of the Land Mass.
701 As a portion of the
consideration for entering
into this Lease Agreement,
Lessee agrees, at Lessee's
sole cost and expense, to
construct a Land Mass con-
sisting of approximately
eight (8) acres on Land
Mass Tract One and Tract
Two in accordance with the
Plans and Specifications ap-
proved by Coty pursuant to
Paragraph 702. and further
subject to the provisions of
Article 9
702 City and Lessee ac-
knowledge that (11 the
•conceptual design for the
Land Mass has been agreed
upon, and (ti) Lessee shall
Submit to City for review,
preliminary Plans and
Specifications for the con-
struction of the Land Ma55
City and Lessee shall coop-
erate ,n the progressive
development of the each
phase of the Plans and
Specifications City agrees
to provide ifs approval or
disapproval of the final
P1000 and Specifications
within thirty (30) days after
such final plans are deliv-
ered to City If City fails t0
approve or disapprove any
such final Plans and Specifi-
cations within thirty (30)
days after receipt thereof.
then upon ten (10) days
written notice to City such
failure Shalt be deemed to
constitute an approval of
such Plans, and Speatica-
tinnx
1110 Legal Notices
7 03 Any disapproval of
any such Plans and Specifi-
cations, whether for a
preliminary phase or final,
shall be in writing and shall
specify the reasons for such
disapproval. If City shall
disapprove any such Plans
and Specifications. Lessee
may revise such Plans and
Specifications and may re-
submit Such revised Plans
and Specificallons for City's
approval City and Lessee
agree that all Plans and
Specifications contemplated
by Paragraph 7 02 shall be
approved if in reasonable
conformity with Exhibit
"A" attached hereto as
modified by agreement of
the parties. Lessee will
make no material changes
to the final Plans and Spece
()cations for the Land Mass
after approval thereof with
out the approval of City
Lessee (o) will provide t0
City a copy of the construc-
tion contract entered into
with the general contractor
for the Land Mass and (u)
will require such general
Contractor to solicit Cgmpet-
itive bids for any
subcontract work, and (fie)
will require such general
contractor to use all due
diligence in solicitation of
minority subcontractors. i
addition, within reasonable
time alter completion of the
Land Mass, Lessee shall
provide to City a set of "a5
built" plans for the Land
Mass.
7 04 The "inspecting engi-
neer" for the protect shall
be Ogletree, Gunn, Byrne
Welsh and Hubner (or such
Other engineering firm em-
ployed by Lessee and
reasonably approved by
City), who will supervise
and Inspect the construction
of the Land Mas5 in such
capacity and will agree to
provide monthly inspection
reports to the City and will
conduct taint inspections. at
request of City, with a City
Engineer As used herein
"Completion" or "Comple-
tion Date" shall mean the
date that such inspecting
engineer shall have cerli-
ied substantial completion
of the Land Mass
7 05 Notwithstanding any
provision of this Lease
Agreement t0 the contrary
Lessee Shall not be deemed
to be in default under Para-
graphs 7 01, 7,02 and 7 03 of
this Article for failure to
timely initiate and pursue
its obligations unless til
Lessee fails to initiate con-
struction of the
improvements required by
this Article within eighteen
(181 months after the date
hereof or (ie) Lessee fails to
complete such construction
within four (41 years after
the dale hereof
7 06 All construction and
installation undertaken pur-
suant to 'hes Article 7 shall
be effected in compliance
with applicable governmen
1a1 laws, ordinances and
regulations, and Lessee
shall indemnify and hold
harmless City from any
penalties, damages or char-
ges imposed or incurred for
any violation of such Ordi-
nances or taws, whether
occasioned by the neglect of
Lessee or of any -agent
contractor or licensed of
Continued on next page
:1
PUBLISHER'S AFFIDAVIT
STATE OF kTEXAS, �ss.
County of Nueces.
#62280
CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
RITA C. ROSALES , 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,
if Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE
of which the annexed is a true copy, was published in
on the._18th day of
consecutive DAY
ONE Times.
23.76
JULY
CORPUS CHRISTI ---QQLLER-1' S
19..83, and once each BAY thereafter for ONE
RITA C. ROSALES
ACCOUNTING CLERK
za a.
Subscribed and sworn to before me this 19th day
EUGENE S.:•CORTEZ
DAY
4 S'
19 83
otary i'ublic, Nueces County, Texas
OTICE.0
OF OR D181,491C.Ei
4 : ON FIRST'READING ,
AUTHORIZING THE:CIT.
MANAGER TO EXECUTE
00-YEAR LEASE AGREE-
MENT WITH BAYFRONT
ASSOCIATES, LTD., FOR
THE DEVELOPMENT OF
A NEW LAND MASS
'NORTH OF THE PEOPLES
STREET T•HEAD AND
RELATED BOAT SLIPS
Was passed on first read-
Ing by the City Council of
the City of Corpus Christi,
Texas on the 13th day of
July, 1983. The full text of
said ordinance is available
to the public in the Office of
the City Secretary.
-s•Bill Read
City Secretary
Corpus Christi, Texas
PUBLISHEK'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces.
AD#25835
City of C.C.
Before me, the undersigned, a Notary Public, this day personally came.
GRACIE DE LUNA who being first duly sworn, according to law, says that he is the
of the Corpus Christi Caller and The Corpus Christi Times,
ADM. ASST. SECRETARY
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORD. NO. 17753...
of which the annexed is a true copy, was published in
anthe8th day of AUaU. t..-...--.19.3.3, and once each slay..._ thereafter for.....on� ...._—.
consecutive.
day
One Times.
$, 21980.89 GRACIE DE LUNA.fly
ADM. ASST. SECRETARY
Subscribed and sworn to before me this lith day
CALLER -TIMES PUBLISHING _CO.
EUGENIA S. CORTEZ.
husust 19 83
L.f
Notary lic, Nueces County, Tex