HomeMy WebLinkAbout19104 ORD - 11/26/1985TEXAS:
AN ORDINANCE
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE
CORPUS CHRISTI REGIONAL TRANSIT AUTHORITY COVERING
THE EXISTING TRANSIT FACILITY; AND DECLARING AN EMER-
GENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute
a lease agreement with the Corpus Christi Regional Transit Authority for a
term of eleven months, beginning January 1, 1986, for use of the existing
transit facility on Sam Rankin Street, for the sum of One Dollar ($1.00),
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".
SECTION 2. That upon written request of the Mayor
members, copy attached, to find and declare an emergency due
executing the abovementioned lease agreement at the earliest
date, such finding of an emergency is made and declared requi
sion of the Charter rule as to consideration and voting upon
resolutions at three regular meetings so that this ordinance
shall t effec upon first reading as an emergency measure
day of , 1985.
City Secretary
APPROV D:
DAY OF A.600_49,4 1985:
Assi sta i% Cti'lyr Attor
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
or five Council
to the need of
practicable
ring suspen-
ordinances or
is passed a d
this the
14 MICROFILMED
7.
Corpus Christi, Texas
o 44.`day of
•
, 1985:
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
MAYO
Council Members
THE C ' OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19104
THE STATE OF TEXAS
COUNTY OF NUECES
LEASE AGREEMENT
§
§
This LEASE AGREEMENT (the "Lease") is entered into as of the
1st day of January, 1986 by and between CITY OF CORPUS CHRISTI,
TEXAS (the "City") and the CORPUS CHRISTI REGIONAL TRANSIT
AUTHORITY (the "Authority").
Section 1. Premises Leased. The City, in consideration of
the rents, covenants, agreements, and conditions herein set forth
which Authority hereby agrees shall be paid, kept, and performed
and other consideration paid by Authority, the receipt and
sufficiency of which are hereby acknowledged by City, does hereby
lease unto Authority, and Authority does hereby rent and lease
from City, the following property:
Tract 1: Lots 1-12, Block 56, Bluff Addition, a
subdivision in the City of Corpus Christi,
Nueces County, Texas, and 8,372 square feet
of Winnebago Street closed by the City.
Tract 2: Lot 5 and the remaining portions of Lots 6, 7
a and 8 of Block 57, Bluff Addition, a subdivi-
sion in the City of Corpus Christi, Nueces
County, Texas.
together with all improvements now or hereafter situated thereon
and all rights and interests appurtenant thereto, hereinafter
collectively referred to as the "Premises", and more particularly
described on Attachment "1" which is attached to the executed
original copies of this Lease on file with the Authority and the
City, SAVE AND EXCEPT the area marked "Fuel Facility" on such
Attachment and the improvements associated with such Fuel
Facility.
Section 2. Term. Unless sooner terminated as herein
provided, this Lease shall be and continue in full force and
effect for a term (the "Term") commencing on the first day of
January, 1986 and ending at midnight, Corpus Christi, Texas time,
on November 30, 1986.
Section 3. Rent. All amounts required to be paid by
Authority under the terms of this Lease are herein collectively
referred to as "Rent". In addition to the other amounts to be
paid by the Authority hereunder, the Authority agrees to pay to
the City the sum of $1.00 as rentals for the Term hereof. Except
as otherwise expressly provided herein, no happening, event,
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occurrence, or situation during the Term, whether foreseen or
unforeseen, and however extraordinary, shall relieve Authority
from its obligations hereunder to pay Rent, or entitle Authority
to an abatement of Rent.
Section 4. Utilities. The Authority shall pay all charges
for gas, electricity, light, heat, air conditioning, power,
telephone and other communication services, and all other utili-
ties and similar services rendered or supplied to the Premises,
and all water charges, sewer service charges, or other similar
charges levied or charged against, or in connection with, the
Premises.
Section 5. Net Lease. The City shall not be required to
make any expenditure, incur any obligation, or incur any liabil-
ity of any kind whatsoever in connection with this Lease or the
ownership, construction, maintenance, operation, or repair of the
Premises. It is expressly understood and agreed that this is a
completely net lease intended to assure City the rentals herein
reserved on an absolute net basis. Under no circumstances or
conditions, whether now existing or hereafter arising, or whether
or not beyond the present contemplation of the parties, shall
City be expected or required to make any payment of any kind
whatsoever or be under any other obligation or liability hereun-
der.
Section 6. Use. Subject to the terms and provisions
hereof, the Authority shall have the right to use and enjoy the
Premises in,a lawful manner for_the operation of a regional
transit facility. The Authority shall not use or occupy, permit
the Premises to be used or occupied, nor do or permit anything to
be done in or on the Premises in a manner which would cause or be
likely to cause structural injury to any of the buildings on the
Premises, which would constitute a public or private nuisance, or
which would violate any present or future, ordinary or extraordi-
nary, foreseen or unforeseen, laws, regulations, ordinances, or
requirements of any governmental authority having jurisdiction.
Section 7. Easements. During the Term of this Lease, a
driveway easement shall exist for the common use and benefit of
the City and the Authority for vehicular ingress and egress to
the Fuel Facility located on the Premises. Such driveway ease-
ment shall be comprised of an approximately 20 ft. wide strip as
delineated on Attachment "1" for the free and uninterrupted use,
liberty and privilege of passing over and across the Premises for
the purpose of utilizing said Fuel Facility. The Authority shall
not be obligated to make any repairs occasioned by the City's use
of such easement, and no parking spaces, buildings or other
obstructions shall be allowed or placed in such easement in any
manner as to interfere with the City's and Authority's use
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thereof. Nothing herein is intended to nor shall be construed as
creating any rights in such easement in or for the benefit of the
general public.
Section 8. Alterations. The Authority shall have the
right, from time to time, to make additions, alterations and
changes in or to the Premises from time to time, provided that
Authority is not then in default in the performance of any of its
obligations hereunder and Authority fully complies with all of
the following provisions:
(a) No substantial alteration shall be commenced
except after the written approval thereof by the City
Manager of the City, such approval shall not be unreason-
ably withheld or delayed;
(b) No alterations of any kind shall be made which
would (i) impair the structural soundness of the build-
ings on the Premises, (ii) decrease the gross area of
the buildings on the Premises, or (iii) modify the basic
utility and function of the buildings on the Premises;
(c) No alteration shall be undertaken until
Authority shall have procured and paid for all required
permits and authorizations of all governmental author-
ities having jurisdiction; and
(d) Any alteration shall be made within a reason-
able tire (delay by Force Majeure as provided herein
excepted) in a good and workmanlike manner, and in
compliance with all applicable permits, authorizations,
building codes, and all other applicable laws, ordi-
nances, rules, and regulations of any governmental
authorities having jurisdiction, and in accordance with
the applicable orders, rules, and regulations of the
National Board of Fire Underwriters, or any other body
hereafter exercising similar functions.
Section 9. Maintenance and Repairs. The Authority shall
take good care of the Premises, and make all repairs thereto
occasioned by its use of the Premises, normal wear and tear
excepted. The Authority will not do, permit, or suffer any waste,
damages, disfigurement, or injury to or upon the Premises or any
part thereof.
Section 10. Insurance on the Buildings. The Authority
shall, at its cost and expense, keep and maintain in force insur-
ance on the buildings on the Premises against loss or damage by
fire and against loss or damage by any other risk now and from
time to time insured against by "extended coverage" provisions of
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policies generally in force on buildings of a like type in Corpus
Christi, Texas, in amounts sufficient to provide coverage for the
fair market value of the buildings on the Premises. Such insur-
ance shall be provided in the name of the City and Authority, as
their interests appear in this Agreement.
Section 11. Casualty Loss. Should any of the buildings on
the Premises be wholly or partially destroyed or damaged by fire
or any other casualty, the Authority shall promptly repair,
replace, restore, and reconstruct the same in substantially the
form in which it existed prior to such casualty, with at least as
good workmanship and quality as the improvements being repaired or
replaced; provided that Authority's obligation to repair, replace,
restore and reconstruct shall be limited to the extent that, in
the Authority's reasonable judgment, if it would be uneconomic to
cause the same to be restored and replaced, then the Authority
shall not be obligated to restore, rebuild or replace the
buildings. In the event of a casualty loss where the buildings
will not be restored or replaced, all insurance proceeds shall be
distributed first to pay the cost of razing and leveling the
damaged or destroyed building and cleaning and otherwise putting
the Premises in good order (which the Authority hereby agrees to
do), and any remaining proceeds shall be paid to the City.
Section 12. Liability. The Authority shall secure and
maintain in force comprehensive general liability insurance
covering bodily injury or death and property damage. The Authority
shall indemnify and hold harmless City and its officers, employees,
agents, successors, and assigns (the "Indemnified Parties"), from
all claims, suits, actions, and proceedings whatsoever (the
"Claims") which may be brought or instituted on account of or
growing out of any and all injuries or damages, including death,
to persons or property relating to the use or occupancy of the
Premises, and all losses, liabilities, judgments, settlements,
costs, penalties, damages, and expenses relating thereto,
including but not limited to attorneys' fees and other costs of
defending against, investigating, and settling the Claims; provid-
ed, however, the indemnity by the Authority of the City shall not
extend to any Claim which may be brought or instituted on account
of or growing out of any and all injuries or damages caused by the
negligence or willful misconduct of any.or all of the Indemnified
Parties. The Authority shall assume on behalf of the Indemnified
Parties and conduct with due diligence and in good faith the
defense of all Claims against any of the Indemnified Parties,
whether or not the Authority is joined therein, even if such
Claims be groundless, false, or fraudulent. The Authority shall
have the right to contest the validity of any Claim, in the name
of City or Authority, as Authority may deem appropriate, provided
that the expenses thereof shall be paid by Authority and further
provided that the prosecution of such contest will not threaten
the continued ownership or operation of the Premises. This
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indemnity shall only extend to the Indemnified Parties, and
nothing herein shall be construed to grant any rights or remedies
to any third party or member of the general public.
Section 13. Self -Insurance. All insurance described in this
Agreement may be provided by the Authority through self-insurance
programs and combinations of excess coverages which are reasonably
satisfactory to City.
Section 14. Warranty of Peaceful Possession. The City
covenants that Authority, on paying the Rent and performing and
observing all of the covenants and agreement herein contained and
provided to be performed by Authority, shall and may peaceably and
quietly have, hold, occupy, use, and enjoy the Premises during the
Term, and may exercise all of its rights hereunder, subject only
to the provisions of this Lease and applicable governmental laws,
rules, and regulations; and the City agrees to warrant and forever
defend the Authority's right to such occupancy, use, and enjoyment
and the title to the Premises against the claims of any and all
persons whomsoever lawfully claim the same, or any part thereof,
subject only to easements of record, the provisions of this Lease
and all applicable governmental laws, rules, and regulations.
Section 15. Termination. The Authority shall give the City
sixty (60) days' written notice of its intention to surrender the
Premises and terminate its further obligations under this Agree-
ment, whereupon the expiration of which period and the surrender
of the Premises to the City, this Lease shall terminate.
Section 16. Surrender of Premises; Holding Over. Upon
termination or the expiration of this Lease, Authority shall
peaceably quit, deliver up, and surrender the Premises to City (i)
free of all claims and encumbrances and (ii) in good order,
repair, and condition. Upon such termination or expiration City
may, without further notice, enter upon, reenter, possess, and
repossess itself of the Premises by force, summary proceedings,
ejectment, or otherwise, and may dispossess and remove Authority
from the Premises and may have, hold, and enjoy the Premises and
all rental and other income therefrom, free of any claim by
Authority with respect thereto. If Authority does not surrender
possession of the Premises at the end of the Term, such action
shall not extend the Term, and Authority shall be a tenant at
sufferance. City shall not be deemed to have accepted a surrender
of the Premises by Authority, or to have extended the Term, other
than by execution of a written agreement specifically so stating.
Section 17. Assignment and Subletting. The Authority shall
not voluntarily or involuntarily assign or otherwise transfer all
or any portion of its interests under this Lease or the leasehold
estate hereby created without the prior written consent of City,
which consent shall not be unreasonably withheld.
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Section 18. Inspection. The City shall have the right to
enter upon the Premises at all reasonable times to inspect same.
Section 19. Notices. Any notice provided for or permitted
to be given hereunder must be in writing and may be given by (i)
depositing same in the United States Mail, postage prepaid,
registered or certified, with return receipt requested, addressed
as set forth in this Section; or (ii) delivering the same to the
party to be notified. Notice given in accordance with (i) hereof
shall be effective upon deposit in the United States Mail. For
purposes of notice the addresses of the parties hereto shall,
until changed, be as follows:
Authority: Corpus Christi Regional Transit Authority
1024 Sam Rankin
P. 0. Box 9277
Corpus Christi, Texas 78469
Attn: General Manager
City: City of Corpus Christi
302 S. Shoreline
P. 0. Box 9277
Corpus Christi, Texas 78469
Attn: City Manager
The parties hereto shall have the right from time to time to
change their respective addresses for purposes of notice hereunder
by giving a notice to such effect in accordance with the pro-
visions of this Section.
Section 20. Modification and Non -Waiver. No variations,
modifications, or changes herein or hereof shall be binding upon
any party hereto unless set forth in a writing executed by it or
by a duly authorized officer or agent. No waiver by either party
of any breach or default of any term, condition, or provision
hereof, including without limitation the acceptance by City of any
Rent at any time or in any manner other than as herein provided,
shall be deemed a waiver of any other or subsequent breaches or
defaults of any kind, character, or description under any circum-
stance. No waiver of any breach or default of any term, condi-
tion, or provision hereof shall be implied from any action of any
party, and any such waiver, to be effective, shall be set out in a
written instrument signed by the waiving party.
Section 21. Governing Law. This Lease shall be construed
and enforced in accordance with the laws of the State of Texas and
is performable in Nueces County, Texas.
Section 22. Severability. If any provision of this Lease or
the application thereof to any person or circumstance shall, at
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any time or to any extent, be invalid or unenforceable, and the
basis of the bargain between the parties hereto is not destroyed
or rendered ineffective thereby, the remainder of this Lease, or
the application of such provision to persons or circumstances
other than those as to which it is held invalid or unenforceable,
shall not be affected thereby.
Section 23. Attorney Fees. If litigation is ever instituted
by either party hereto to enforce, or to seek damages for the
breach of, any provision hereof, the prevailing party therein
shall be promptly reimbursed by the other party for all attorneys'
fees reasonably incurred by the prevailing party.
Section 24. Relation of Parties. It is the intention of the
parties to hereby create the relationship of landlord and tenant,
and no other relationship whatsoever is hereby created. Nothing
in this Lease shall be construed to make the parties hereto
partners or joint venturers or to render either party hereto
liable for any obligation of the other.
Section 25. Force Majeure. As used herein "Force Majeure"
shall mean the occurrence of any event which prevents or delays
the performance by City or Authority of any obligation imposed
upon it hereunder and the prevention or cessation of which event
is beyond the reasonable control of the obligor. If Authority
shall be delayed, hindered, or prevented from performance of any
of its obligations by reason of Force Majeure (and Authority shall
not otherwise be in,default hereunder) the time for performance of
such.obligat4on shall be extended for the period of such delay,
provided that the following requirements are complied with by
Authority: (i) Authority shall give prompt written notice of such
occurrence to City, and (ii) Authority shall diligently attempt to
remove, resolve, or otherwise eliminate such event, keep City
advised with respect thereto, and shall commence performance of
its obligations hereunder immediately upon such removal, resolu-
tion, or elimination.
Section 26. Successors and Assigns. This Lease shall
constitute a real right and covenant running with the Premises,
and, subject to the provisions hereof restricting Authority's
rights to assign this Lease, shall be binding upon and inure to
the benefit of the parties hereto and their respective successors
and assigns. Whenever a reference is made herein to either party,
such reference shall include the party's successors and assigns.
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Executed as of the date and year first above written.
CORPUS CHRISTI REGIONAL TRANSIT
Attest: AUTHORITY
By: By:
F.B. Rodriguez III, Pat M. Eisenhauer,
Secretary Chairman
CITY OF CORPUS CHRISTI, TEXAS
Attest:
By: By:
Armando Chapa,
City Secretary
APPROVED AS TO LEGAL FORM
This , 1985:
J. BRUCE AYCOCK, City Attorney
13y:
Assistant City Attorney
STATE OF TEXAS
COUNTY OF NUECES
§
§
Edward A. Martin,
City Manager
This instrument was acknowledged before me on the
day of , 1985 by PAT M. EISENHAUER and F. B.
RODRIGUEZ, III, the Chairman and Secretary, respectively, of
Corpus Christi Regional Transit Authority on behalf of said
Authority.
Notary Public in and for
the State of Texas
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•
STATE OF TEXAS
COUNTY OF NUECES
§
§
This instrument was acknowledged before me on the
day of , 1985 by EDWARD A. MARTIN, ARMANDO
CHAPA, and J. BRUCE AYCOCK, the City Manager, City Secretary, and
City Attorney, respectively, of the City of Corpus Christi, Texas
on behalf of said City.
a
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Notary Public in and for
the State of Texas
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