HomeMy WebLinkAbout021633 ORD - 04/13/1993April 28, 1993
On April 22, 1993, an error was discovered on the numbering of the following
resolutions/ordinances. The resolutions/ordinances have been renumbered, and the
corrected copies are on file in the City Secretary's Office:
'ASSDESCRIPTION
021624 Returns and Results - April 3, 1993 021624-1/2
021610 Resolution on Landfill Regulations 021630
021611 Mercantile Bank 021631
021612 Street Closings - Naval Air Station 021632
021613 Lease - Las Carabelas 021633
n -D1
Armando Chapa v
City Secretary
1
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR LEASE
AGREEMENT WITH THE LAS CARABELAS COLUMBUS FLEET
ASSOCIATION COMMENCING MAY 1, 1993, AS SET FORTH IN
EXHIBIT A; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY
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 one-year lease agreement with the Las Carabelas Columbus
Fleet 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. That upon written request of the Mayor or
five Council members, copy attached, to find and declare an
emergency due to the need for the immediate and efficient
utilization of physical resources in the City and the need for
immediate action necessary for the efficient and effective
administration of City affairs, such finding of an emergency is
made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at three regular meetings
so that this ordinance is passed and shall take effect upon first
reading as an emergency measure this the 13th day of April, 1993.
AT ST: /
14
City Secretary
MAY R j'� .,
CITY OF US CHRISTI
APPROVED: Aw _�
DAY OF /'PIPE; l , nen
JAMES R. BRAY JR., CITY ATTORNEY
By
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City Attorney
021633
STATE OF TEXAS
COUNTY OF NUECES
LEASE AGREEMENT
5
S
S
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 Las Carabelas Columbus Fleet Association, a Texas nonprofit
corporation (the "Association") on the terms and conditions hereinaf-
ter set forth.
1. LEASE PREMISES: The City in consideration of the Associa-
tion's faithful performance of the covenants described herein, leases
to the Association the land described on Exhibit A attached hereto
and incorporated by reference, hereinafter called the "Leased Land".
2. TERM: The term of this Lease shall commence at 12:01 a.m.
May 1, 1993, and shall continue until midnight, April 30, 1994.
3. RENTAL: The Association agrees to pay to the City, or its
designated agent, rentals in the amount of ONE DOLLAR ($1.00) 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 three Columbus ships, being the Nifia, the Pinta and
the Santa Maria (herein "Las Carabelas"), and their 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
April 8, 1993
amended. The Association shall operate Las Carabelas as a museum and
endeavor meet all requirements of the Spain '92 Foundation for
maintaining the vessels. The Association shall maintain hours of
operation open to the public and admission fees similar to comparable
attractions.
5. IMPROVEMENTS: The Association agrees to construct any
improvements on the Leased Land according to plans and specifications
consistent with the conceptual plan presented to the City attached as
Exhibit B hereto and as otherwise approved by the City Manager, or
his designee. Such plans and specifications shall provide for the
berthing of Las Carabelas on the Leased Land and all other improve-
ments necessary for their operation as a museum facility.
6. COMPLIANCE WITH LAWS: The Association agrees to comply
with all laws, ordinances, orders, rules, regulations and require-
ments of federal, state and local governments, and of all of their
departments, applicable to the Leased Land.
7. WETLANDS: The Leased Land may contain officially designat-
ed 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.
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April t, 1993
8. MAINTENANCE: The Association accepts the Leased Land in
its present condition, AS IS and WITH ALL FAULTS. The Association
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 mainte-
nance, and repair of the Leased Land and the facilities located
thereon.
9. POSSESSION: Possession of the Leased Land shall be granted
to the Association at the time of the effective date of this Lease.
10. 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 poison-
ing 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 occur-
rence. 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
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April 8, 1993
obtained alcoholic beverage liability insurance covering
the event or time period during which alcoholic beverages
are to be served.
(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 subroga-
tion 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. As an alternative to workers' compensation
insurance, the Association may establish one or more
employee benefit plans providing for the payment of medical
expenses and lost wages in the event of an on-the-job
injury suffered by an employee.
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.
11. HULL AND HAZARD INSURANCE: The Association agrees to
maintain hull insurance on Las Carabelas in the amount of THREE
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April 8, 1993
MILLION FIVE HUNDRED THOUSAND Dollars ($3,500,000.00) aggregate on
the three vessels to be allocated as follows: ($1,500,000.00 for the
Santa Maria, $1,000,000.00 for the Pinta, $1,000,000.00 for the
Nina). The valuations set forth herein shall be subject to adjust-
ment as may be necessary to cover the replacement costs of the
vessels as may be determined by market conditions in effect. The
Association shall additionally obtain hazard insurance for any
museum -related improvements and all associated personal property
(excluding historic items) located on the Leased Land against loss or
damage by fire, windstorm, or other extended coverage risk for the
amount of their replacement cost 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
insurance policies to the City 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.
12. 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
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April 8, 1993
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.
13. 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.
14. 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.
15. 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
good repair, and failure to do so may result in removal of said signs
from the Leased Land.
16. 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
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T
April 8, 1993
City agrees not to interfere with such contested proceedings or
otherwise to declare a default under this Lease due to such proceed-
ings.
17. 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 regula-
tions (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
dumping of any Hazardous Materials at or from the facili-
ties on the Leased Land except for those releases allowed
under applicable Hazardous Materials Laws;
(b) covenants to (i) comply with all applicable Hazardous Mate-
rials 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
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April 11, 1993
(
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 Materi-
als 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 occupancy of the Leased Land. The
Association's obligations 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
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Aprl 8, 1993
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.
18. 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, liability,
damages, or expense arising out of the death of or injury of any
person or persons or damage to property arising out of the Associa-
tion's operations on the Leased Land.
19. ACCESS TO RECORDS: The Association shall keep strict and
accurate books of account of all receipts collected and other
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Apa 9, 1993
revenues received. The Association agrees to furnish to the City
certified quarterly statements of revenues and expenditures concern-
ing its operations. Such statements shall be formulated according to
generally accepted accounting practices and in a form prescribed by
the City's Director of Finance. The said books of account shall be
open for inspection by the City during business hours. All underly-
ing documentation for the Association's quarterly statements shall be
preserved by the Association for at least five (5) years. The
Association shall additionally furnish to the City a copy of its
annual financial report within 120 days of the end of each fiscal
year of the Association.
20. NONDISCRIMINATION: The Association warrants that it is and
will continue to be an equal opportunity employer and it hereby
covenants that no employee or customer shall be discriminated against
because of race, creed, color, sex, national origin or disability.
21. COSTS OF PUBLICATION: The Association shall be responsible
for payment of any costs of publication of this Lease as may be
required by the City Charter of the City.
22. ASSIGNMENT: The Association may not assign this Lease nor
sublease the Leased Land, or any part thereof, without the written
consent of the City Council, which consent shall not be 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.
23. TERMINATION: Except as otherwise provided herein, the City
may terminate this Lease whenever the Association fails to comply
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April 8, 1993
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 Las
Carabelas consistent with the requirements of the Spain '92 Founda-
tion, and proceeding with due diligence in completing such reloca-
tion.
24. FORCE MAJEURE: If by reason of force majeure either party
hereto shall be rendered wholly or in part unable to carry out its
obligations
provided in
particulars
under this Lease, then except as
otherwise expressly
this Lease, if such party shall give notice and the full
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, floods, civil disturbanc-
es, explosions, or other accidents or causes not reasonably within
the control of the party claiming such inability.
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m
Apn18, 1993
25. 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.
26. 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.
27. 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.
28. NOTICES: Any notices or other communications relating to
this Lease shall be made in writing and may be given by (a) deposit-
ing 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 addresses of the
parties hereto shall, until changed in the manner of giving notices
as provided herein, be as follows:
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April B, 1993
CITY:
City of Corpus Christi, Texas
1201 Leopard Street
P.O. Box 9277
Corpus Christi, Texas 78469
Attention: City Manager
ASSOCIATION: Las Carabelas Columbus Fleet Association
1201 N. Shoreline Drive
P.O. Box 2664
Corpus Christi, Texas 78403
Attention: President
29. 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 , 1993.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By:
City Secretary Juan Garza
City Manager
APPROVED:
day of , 1993:
City Attorney
O:111WGMT.93\BAR EAS.097-15
LAS CARABELAS COLUMBUS
FLEET ASSOCIATION
By:
Name:
Title:
-13-
Corpus Christi, Texas
i day of ktl' , 192` "'>
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at
three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY CORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes (' 1
Cezar Galindo Lt k.
teo-Guerrero-
Betty Jean Longoria
Edward A. Martin
Jee-McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
045
021833