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HomeMy WebLinkAbout021354 ORD - 03/24/1992AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FOUR-YEAR LEASE AGREEMENT WITH THE LADY LEX MUSEUM ON THE BAY ASSOCIATION COMMENCING FEBRUARY 18, 1993, AS SET FORTH IN EXHIBIT A; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION NOW, THEREFORE, 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 four- year lease agreement with the Lady Lex Museum On The Bay Association, a copy of which is attached hereto as Exhibit A and made part hereof. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. The City Secretary is directed to cause notice of this ordinance to be published as required by the City Charter. moths 021354 ORD4: 91137 STATE OF TEXAS COUNTY OF NUECES LEASE AGREEMENT FOUR-YEAR TERM 5 5 FINAL 2-13-92 KNOW ALL BY THESE PRESENTS: This Lease Agreement is made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation (the "City") and the Lady Lex Museum on the Bay Association, a nonprofit corporation (the "Association") on the terms and conditions hereinafter set forth. 1. LEASE PREMISES: The City in consideration of the Association's faithful performance of the covenants described herein, leases to the Association the following described land, hereinafter called the "Leased Land": That certain portion of the submerged lands of Corpus Christi Bay patented by the State of Texas to the City of Corpus Christi by Patent No. 86, Volume 21-A dated January 4, 1924, together with a certain portion of Corpus Christi Beach adjacent thereto, all of which is described on Exhibit "A" attached hereto which is incorporated herein for all purposes. 2. TERM: The term of this Lease shall commence at 12:01 a.m. February 18, 1993, and shall continue until midnight, February 17, 1997. The City shall have the option to extend this Lease for three (3) additional five-year terms, subject to the City Council's approval of such extension in accordance with the City Charter and giving notice thereof prior to the end of each preceding term. 3. RENTAL: The Association agrees to pay to the City, or its designated agent, rentals in the amount of ONE DOLLAR ($1.00) O(H [BIT A per year, then, in advance, on the first day of the Lease. This consideration is given in addition to the other covenants and obligations of the Association provided under this Lease Agreement. 4. PERMITTED USE: The Leased Land shall be used for the berthing of the U.S.S. Lexington, its operation by the Association as a museum, together with any and all related uses authorized for organizations exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The Association shall endeavor to operate the facility as a first-class naval museum and meet all requirements of the U.S. Navy for maintaining the U.S.S. Lexington. The Association shall maintain hours of operation open to the public and admission fees similar to comparable attractions. 5. COMPLIANCE WITH LAWS: The Association agrees to comply with all laws, ordinances, orders, rules, regulations and requirements of federal, state and local governments, and of all of their departments, applicable to the Leased Land. 6. WETLANDS: The Leased Land may contain officially designated wetlands, and the Association agrees that said wetland areas will not be altered, damaged or constructed upon unless the proper permit has been obtained from the appropriate regulating entities. The Association shall be responsible for obtaining all such necessary permits and completing any required mitigation. Any such mitigation project shall be considered a necessary and related construction project for the improvements contemplated to be constructed under this Lease Agreement. 7. MAINTENANCE: The Association accepts the Leased Land in its present condition, AS IS and WITH ALL FAULTS. The Association -2- shall throughout the term of this Lease Agreement take good care of the Leased Land, including the mooring, piers, ticket booths and all other improvements located thereon, keep them free from waste or nuisance of any kind, and shall be responsible for and shall perform, or cause to be performed, maintenance, including custodial maintenance, and repair of the Leased Land and the facilities located thereon. 8. POSSESSION: Possession of the Leased Land shall be granted to the Association at the time of the effective date of this Lease. 9. LIABILITY INSURANCE: The Association shall carry and pay the premiums for liability insurance of the types and in the limits stated below. The City shall be endorsed as an additional named insured by the Association on said policies, with the exception of the insurance required for workers' compensation. (a) Public liability insurance, including coverage for poisoning or illnesses from food or drink, in the amount of $500,000 for bodily injury or death to any one person, $1,000,000 for bodily injury or death for one occurrence, and $100,000 for any claim of property damage per occurrence. Such policy shall additionally include endorsements for contractual liability covering the Association's obligations herein. In the event alcoholic beverages are to be served on any premises covered by this Lease, the Association shall additionally obtain or cause to be obtained alcoholic beverage liability insurance covering the event or time period during which alcoholic beverages are to be served. -3- (b) Workers' compensation insurance covering any employees on the Leased Premises as governed by the laws of the State of Texas and employer's liability insurance with minimum limits of liability of $100,000. The workers' compensation insurance shall be endorsed to waive any rights of subrogation the insurance company may acquire by reason of the payment of any claim against the City and any of its respective Council members, officers, employees, agents and attorneys. Such insurance policies shall not be canceled, materially changed, or not renewed, without thirty (30) days' prior written notice to the City. A certificate of such insurance coverage, reflecting the foregoing cancellation provision shall be furnished to the City, and copies of the insurance policies shall be promptly furnished to the City upon its written request. Failure of the Association to maintain said insurance for the term of this Lease Agreement shall be grounds for termination hereof by the City. 10. HAZARD INSURANCE: The Association agrees to keep the museum -related improvements and all associated personal property (excluding aircraft and historic items) located on the U.S.S. Lexington which shall be berthed on the Leased Land insured against loss or damage by fire, windstorm, or other extended coverage risk for at least 80% of their full insurable value or to the maximum amount available from the Texas Catastrophe Insurance Pool (if such Pool coverage is the only coverage available to the Association), whichever is less. Such hazard insurance policy shall name the City as an additional insured and loss payee. The Association shall furnish copies of such hazard insurance policies to the City -4- upon request. No such insurance policy shall be canceled, materially altered, or not renewed without thirty (30) days' prior written notice to the City. A certificate of such insurance coverage, reflecting the foregoing cancellation provision shall be furnished to the City, and copies of the insurance policies shall be promptly furnished to the City upon its written request. Failure to maintain said insurance for the term of this Lease Agreement shall be grounds for termination. 11. UTILITIES: The Association shall be responsible for obtaining water, sewer, electricity and gas service connections for use on the Leased Land; and the Association shall pay all utility connection charges related thereto. During the term of this Lease Agreement, the Association shall further pay when due all charges and costs for utilities consumed on the Leased Land. 12. TAXES OR OTHER IMPOSITIONS: The Association shall timely pay any and all ad valorem taxes or other impositions, if any, which may be levied, assessed or otherwise imposed pursuant to its occupancy of the Leased Land and the improvements located thereon during the term of this Lease. 13. INSPECTION: The City, and its employees and designated agents, shall have the right to enter upon the Leased Land at all times for the purposes of inspection, for emergency repairs to utility systems, and to otherwise protect its interests as Landlord hereunder. Nothing herein shall be construed to restrict the City in the exercise of any of its police powers. 14. SIGNS: The Association shall not place any advertising signs on the Leased Land without compliance with all City codes and regulations. All such signs shall be kept in a continual state of -5- e good repair, and failure to do so may result in removal of said signs from the Leased Land. 15. LIENS: The Association shall not permit any mechanics' and materialmen's or other liens to be fixed or placed against the Leased Land and agrees to immediately discharge (either by payment or by filing the necessary bond, or otherwise) any such liens which are allegedly fixed or placed against the Leased Land. The Association reserves the right to contest with due diligence the reasonableness of any such charges or impositions against the Leased Land, and the City agrees not to interfere with such contested proceedings or otherwise to declare a default under this Lease due to such proceedings. 16. HAZARDOUS MATERIALS: With respect to any substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any applicable federal, state or local laws, ordinances or regulations (including, without limitation, friable asbestos and asbestos deemed hazardous by federal or state regulations) (such substances collectively referred to hereinafter as "Hazardous Materials" and such laws, ordinances and regulations together with all rules, orders and permits pursuant thereto collectively referred to hereinafter as "Hazardous Materials Laws"), the Association: (a) represents that the Association will not (i) store, bury, install, transport, treat or dispose of any Hazardous Materials at, to or from the Leased Land in violation of any applicable Hazardous Materials Laws, or (ii) cause or allow the release, discharge, emission, leak, spill or -6- IP dumping of any Hazardous Materials at or from the facilities on the Leased Land except for those releases allowed under applicable Hazardous Materials Laws; (b) covenants to (i) comply with all applicable Hazardous Materials Laws with respect to the manufacture, storage, transmission, presence, discharge and removal of Hazardous Materials at or from the facilities on the Leased Land, (ii) pay promptly within thirty (30) days of when demand is made the costs of any required removal of any Hazardous Materials from the Leased Land and keep the Leased Land free of any lien imposed pursuant to any Hazardous Materials Laws, (iii) not locate nor allow location of any underground storage tanks on the Leased Land, (iv) not locate any materials containing asbestos of any type or nature on the Leased Land, and (v) notify Landlord promptly in writing of the commencement of any legal or regulatory proceedings relating to Hazardous Materials affecting the Leased Land; and (c) agrees to indemnify and to hold harmless the City, its officers, employees, agents, successors and assigns from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs, and expenses (including attorneys' fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by the City at any time or from time to time, by reason of or arising out of any violation of any Hazardous Materials Laws occurring since the commencement of the Association's -7 - occupancy of the Leased Land. The Association's obliga- tions hereunder shall arise upon the discovery of the presence of any Hazardous Materials, whether or not any federal agency or any state or local environmental agency has taken or threatened any action in connection with the presence of any Hazardous Materials. The foregoing indemnity shall survive the expiration of this Lease. In the event the Association fails, after reasonable notice, to pay any amounts described in this provision, the City may, but shall not be obligated to, cause the Hazardous Materials to be removed from the Leased Land and the cost of such removal shall be payable by the Association; provided, however, that the Association may in good faith contest the reasonableness or necessity of any requirement by any federal, state or local environmental agency, and upon the Association's providing reasonable security to assure its performance, the City agrees not to interfere in the Association's proceedings with such agency. 17. INDEMNITY: The Association hereby covenants and agrees to at all times indemnify and save harmless the City, its officers, employees, agents and attorneys, and the Leased Land, from and against any cost, liability, damages or expense arising out of any claim by any person or persons whatsoever by reason of the use or misuse of the Leased Land and shall indemnify and save harmless the City from any penalty, damage or charge incurred or imposed by reason of any violation of law or ordinance by the Association, and shall indemnify and save harmless the City from any cost, -8- unreasonably withheld. Such assignment shall not relieve the Association from its obligations hereunder unless such release is expressly granted by the City in approving such assignment. 22. TERMINATION: Except as otherwise provided herein, the City may terminate this Lease whenever the Association fails to comply with the provisions and covenants contained herein and fails or refuses to comply within a reasonable time (not less than thirty days) after receiving written notice of the violation and recommended cure. In the event of any termination or expiration of the Lease term, the Association shall immediately comply with the written order from the City regarding vacating the Leased Land, subject to making any necessary arrangements for the maintenance or relocation of the U.S.S. Lexington consistent with the requirements of the United States Navy, and proceeding with due diligence in completing such relocation. 23. FORCE MAJEURE: If by reason of force majeure either party hereto shall be rendered wholly or in part unable to carry out its obligations under this Lease, then except as otherwise expressly provided in this Lease, if such party shall give notice and the full particulars of such force majeure in writing to the other party within a reasonable time after the occurrence of such event or cause, the obligations of said party giving such notice, so far as they are affected by such force majeure, shall be suspended, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" shall mean acts of God, strikes, industrial disturbances, acts of public enemy, orders of any kind of the government of the United States or the State of Texas, riots, epidemics, hurricanes, fires, -10- floods, civil disturbances, explosions, or other accidents or causes not reasonably within the control of the party claiming such inability. 24. MODIFICATIONS: No changes or modifications to this Lease shall be made, nor any provisions waived, unless in writing, signed by a person authorized to sign agreements on behalf of such party. 25. LEASE RELATIONSHIP: It is specifically agreed and understood by the parties hereto that a landlord -tenant relationship is created under the terms of this Lease Agreement. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of partnership or of joint venture between the parties. 26. CITY AUTHORITY: Except as specifically provided herein, the Association shall not have any authority to bind the City to any contract, indebtedness or obligation in any manner without the express written consent of the City. The City reserves the sole and exclusive right to exercise its police powers and other governmental authority concerning any matters related to this Lease. 27. NOTICES: Any notices or other communications relating to this Lease shall be made in writing and may be given by (a) depositing same in the United States mail, postage prepaid, certified mail, with return receipt requested, addressed as set forth in this section, or (b) delivering the same to the party to be notified. Notice given in accordance with (a) hereof shall be effective upon deposit in the United States mail. The notice -11- addresses of the parties hereto shall, until changed in the manner of giving notices as provided herein, be as follows: CITY: City of Corpus Christi, Texas 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 Attention: City Manager ASSOCIATION: Lady Lex Museum on the Bay Association 1201 N. Shoreline Drive P.O. Box 2664 Corpus Christi, Texas 78403 Attention: President 28. SEVERABILITY: In the event litigation concerning this Lease which results in one or more clauses herein to be found invalid, all other provisions of this Lease shall remain as written and be enforceable in accordance with their terms. EXECUTED on this day of , 1992. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: City Secretary Juan Garza City Manager APPROVED: day of , 1992: City Attorney O: \ 11 \AGMT.92\LEXLEAS4.031-13 \044 -12- LADY LEX MUSEUM ON THE BAY ASSOCIATION By: Joe Jessel President rxt,. rA SEE ENLARGED PLAN 1680 PATENT V- BOUNDARY U.S.S. LEXINGTON \10001i LEA IE BOUI'bARY t MAII SLIP BREAKWATER 4. 6004 1000 C.C. SHIP CHANNEL ENLARGED PLAN SITE PLAN LEASE BOUNDARY DAN CPM Ont 2/92 DCS DAR OAR 2•!6•lz OAP{ 2l42141. VOSS= AND asocan9. INC. Ioawmu « O0I0176TANn 1.11 Ilea ►.a Sad Oel.w MIY 1N *awe anvil Tow +wo-ICY nD. ho J20012 LEASE BOUNDARY FOR U.S.S. LEXINGTON NONE SHT.1 OF 1 That the foregoing or ance was read for the first time and passed to its second reading , .us the J day of Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria �»iA.4 A , 19 ci„2. , by the following vote: ry Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik y /Itz Oftot That the foregoing ordrat}ce was read for the second time and passed to its third reading on this the ' day of I' 1_1 , 19by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria if 'fl Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik That the foregoingordinance was read for the third time and passed finally on this the 24/ day of AfA;1 lft , 19 11, by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria PASSED AND APPROVED, this the ATTEST: City ecretary APPROVED: /y" DAY OF F—Lr.. a pi Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik abri- 24 day of Itka,yc4r1 , 19 qti. JAMES R. . BRAY, JR., CITY ATTORNEY By 044 �— MAYOR C E THfl THE CORPUS CHRISTI , 1992: , Aseietant City Attorney 021354 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces ) ss: CITY OF CORPUS CHRISTI Ad #10749 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PUBLIC HEARING TO CONSIDER ZONING APPLICATION OF THE CITY OF CORPUS CHRISTI, TEXAS which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 8th day of March 1992. One Time(s) A-C'G) C %` i Business Office Secretary $ 55.10 n TE%ns fr oadencF^wiM t1 t wMihat. Subscribed and sworn to before me this 30th dayof- '�ChycotmmadwCnyef Corals e r in win twndpt a Walk hearing on 7weday, March 24, 1882, dull a 1 Regular Council Msedn whrch conwnas et 2:OO.p;rn i i oil Cha unit �1f�1 pesllerl is en es Ink* Ones d tee lily fiewie and its Depe1lT.M d1 "Sig. At Mid time and plats of hear- ing: all persons and parties interested may appear before the City Council. The following toning applica- tion to be considered at the rr* is as follows: 11.. C292-6 ttaep* Le* Mueetim on the Bay Association: 14- 18- Ons -family Dwelling Dis- trict to '110' Corpus Christi Beach Design District Located approximately 900 feet east of N. Shoreline Bou- levard and 400 fest north of the ship channel centerline. /s/ Armando City aecretterry City of Coda Christ March , 1992. l (ct UWVftweaD Notary Public, Nueces County, Texas My commission expires on 4-24-93 . PUBLISHER'S AFFIDAVIT State of Texas, County of Nueces ) ss: CITY OF CORPUS CHRISTI Ad #48463 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE CITY MANAGER TO EXECUTE A FOUR-YEAR LEASE AGREEMENT which the annexed is a true copy, was published in the Corpus Christi Caller -mines on the lst day of March 1992. One Time(s) S 39.15 Business Offic Secretary Subscribed and sworn to before me this 20th day of March , 1992. Q -bra NLCQct ved Notary Public, Nueces County, Texas My commission expires on 4-24-93 . NO . i" 'T.r.. _ C ti StCEB ..e ATHORIZE'S city MANAGER TO E " A B FOUR-YEAR 11 AMS . P MENT WITH T►1E Lir LEX P MUSEUM ON THE BAY AB- 9 SOCIATION COMMENCING FEBRUARY IB 1B' 13•. PITO- O VIOING FOR SEVEh*aKITY; V AND PROVI0B G FON PUW. R CATION; the CBO ,S moth U remelt in ted nlrouM of oee ni dollar 051.00) par yew. D A copy of the Nell r is on file in the City c SecThe ont inan .was mead C end Approved on ascend Is reading by the �City pyCanna 4v Vof , T A `M'^sE ZE, C Bf Or R State of Texas, } PUBLISHER'S AFFIDAVIT County of Nueces } ss: CITY OF CORPUS CHRISTI AD#47715 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021354 AUTHORIZING THE CITY MANAGER TO EXECUTE A FOUR-YEAR LEASE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 29th day of March , 1992. One Time(s) S 34.80 Ac ' Business Office Secretary Subscribed and sworn to before me this 15th day of April , 1992. r\or} 61L��(c �'���),cLoe Notary Public, Nueces County, Texas My commission expires on 4-24-93 . NOTICE OF PASSAGE r OF ORDINUICE NO. 021354 AUTHORIZING THE CITY MANAGER TO EXECUTE A FOUR-YEAR LEASE AGREE- MENT WITHLEX MUSEUM ONTHE THELADY BAY AS- SOCIATION COMMENCING FEBRUARY 18, 1993; PRO- VIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLI- CATION; the City shall receive rentals in the amount of one dolier 01.00) r ear. A is m 0le Ttls, auwwtof S paa�W am iMraYed art Wrd taa119 • I /s/ Armando Chaps City Secretary City of Corpus Christi PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad #62147 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 23rd day of February 1992. One Time(s) Business Office Secretary $ 36.45 Subscribed and sworn to before March , 1992. rPub. • from 8:3U p.m. to b:00 p.m. Thursday, Mandl 28, 1992 in the Comre' Court - me this 5th day of room located Z.—oft Wanes • souse, for dis- cussion of establishing and locating a Community Correc- tion Facility (CCF) to be operated by the Nueces County Community Supervi- sion and Corrections Department. The prbposed site for the CCF is ad- jacent to the McKenzie Jail Annex located at 745 North Padre Island Drive, Corpus Christi, Texas. Notary Public, Nueces County, Texas My commission expires on 4-24-93 . DEF; A ‘H_ , :-S EP,: f'letafy V'511C it ,t ! TexaS Cu'ir, fr'p,_4.c4-93 PUBLIC NOTICE OF BID The Region II Education Service Center will receive sealed bids for a "LINE COL - r LATOR AND STACKER", up - until 10:00 a.m. March 13, 1992. Bid specifications may be obtained in Room 224, 209 I North Water Street, Corpus • Christi, Texas 78401-2599 or by calling 883-9288, EM. 213. • The Eduoat4e , Sendai Cen- ter bard of Trustees 6r th ar Tr Tr ne PC C