HomeMy WebLinkAbout021867 ORD - 02/08/1994AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A 20 YEAR LEASE WITH OPTIONS TO RENEW FOR FOUR
CONSECUTIVE 10 YEAR TERMS WITH CORPUS CHRISTI SMSA
LIMITED PARTNERSHIP (GENERAL PARTNER, SOUTHWESTERN BELL
MOBIL SYSTEMS, INC.) FOR A 50, BY 60, TRACT AT THE
WHITECAP WASTEWATER TREATMENT PLANT FOR ERECTION OF A
CELLULAR TELEPHONE ANTENNA AND EQUIPMENT BUILDING; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is
hereby authorized to execute a 20 year lease with options to renew
for four consecutive 10 year terms with Corpus Christi SMSA Limited
Partnership (General Partner, Southwestern Bell Mobil Systems,
Inc.) for a 50' by 60' tract at the Whitecap Wastewater Treatment
Plant for erection of a cellular telephone antenna and equipment
building, 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. Publication shall be made in the official
publication of the City of Corpus Christi as required by the City
Charter of the City of Corpus Christi.
A:\AG5000.427
7
021867
MICROFILMED
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEMENT, made and entered into this day of
1993, by and between the City of Corpus Christi, Texas, a municipal corporation, hereinafter
called "City"; and Corpus Christi SMSA Limited Partnership, of Nueces County, Texas,
hereinafter called "Lessee".
WITNESSETH:
The City of Corpus Christi does by these presents lease unto Corpus Christi SMSA
Limited Partnership a 50 -foot by 60 foot tract out of Lot 1, Block 2, Point Tesoro, Unit 5
as recorded in Volume 38, Pages 37 and 33, Nueces County Map Records, as shown by map
reference on attached Exhibit "A" and more fully described by the metes and bounds
description on attached Exhibit "B", both made a part hereof for all purposes; fer a term
cf 20 years and renewable for a maximum of four successive ten year terms commencing
60 days after final approval by the City Council, subject to the following consideration,
covenants, and con:?itions, to -wit:
1. In consideration of this lease, Lessee shall:
a. Pay to the City, upon execution of this instrument, the sum of
$2,400.00. Annually, thereafter, prior to the anniversary date of this
instrument, pay to the City the lease amount ($2,400) as adjusted each
year to reflect either the percentage change in the Consumer Price
Index as published by the U.S. Bureau of Labor Statistics or six
percent, whichever is the smaller.
b. Construct, or cause to be constructed, a new gate in the existing fence
at the location shown on the attached Exhibit "A". Gate to be of
similar width and construction as existing gate.
c. Construct the equipment building in the same or similar architectural
style as the existing buildings of the adjacent Whitecap Wastewater
Treatment Plant (stucco walls and red tile roof).
d. Said rent shall be delivered or mailed to:
City of Corpus Christi
P.O. Box 9277
1201 Leopard Street
Collections Section
Corpus Christi, TX 78469-9277
2. It is understood and agreed that the leased premises are to be used for the
construction, operation, and maintenance of a radio transmission facility
consisting of an eighty (80) foot, three sided tower along with a 12'x26'
equipment building, together with antennas, wires, cables, hardware, and
other appurtenances deemed necessary by Lessee in the provision of cellular
telephone service within Corpus Christi and its environs. Said premises are
not to be used for any purpose other than these herein specified without the
prior written consent of the City. Said tower shall be constructed so as not
to constitute an obstruction to aerial navigation. IT is further understood and
agreed that Lessee shall access the leased premises by means of a 20 -foot
wide access easement extending directly from Whitecap Boulevard right-of-
way. If for any reason that access is ever denied Lessee, then the City shall
provide another way or means or access by motor vehicle to the leased
premises within a reasonable period of time not to exceed fourteen (14) days.
3. Lessee agrees not to sublet or assign leased premises or any portion thereof
without the prior written consent of the City.
4. Lessee shall be responsible for acquiring all federal, state and local permits
required in order to construct the facility.
5. All action by the City in connection with the performance of this contract,
including notices to the City, shall be by and to the City Manager or a person
designated by him.
6. It is understood that the City reserves the right to sell, use or lease for a use
different from the present use, all or any part of the herein leased premises
at anytime during the term of this lease provided, however, that the City shall
protect lessee's interest in and right to use said leased premises for five (5)
years from the date of this agreement. After five (5) years, should the
property be sold, used or leased before the expiration date hereof and the
purchaser or Lessee not be willing to take the same subject to this lease and
demands immediate possession, then the Lessee agrees to vacate and give
possession at any time within three hundred sixty five (365) days after receipt
of notice to vacate. The City will endeavor to provide an alternate Location
within Lots 1 and 2, Block 2, Point Tesoro, Unit 5, but makes no guarantee
of availability.
7. Lessee may terminate lease by giving City ninety (90) days notice and
removing any and all improvements placed on said premises by Lessee and
restoring the ground surface of the leased premises as near as reasonably
possible to its condition prior to construction.
8. The Lessee agrees that Lessee will pay for any and all damages to any utility
lines or equipment located on said land which may be incurred by Lessee's
operations or to replace all such lines injured or destroyed as a result of
Lessee's operations.
9. The Lessee agrees to pay for all utilities that Lessee uses at the premises
being leased by Lessee. Lessor understands and agrees that Lessee requires
both electric and telephone facilities at the leased premises for the conduct
of its business.
10. The Lessee agrees that Lessee will take good care of the leased premises and
its appurtenances, and suffer no wastes, and shall keep the leased premises
Lease Agreement
Corpus Christi SMSA Limited Partnership
Page 2 of 5
T T
in good repair at Lessee's own expense, and at the end of the expiration of
the term of this lease, shall deliver up the leased premises in as good order
and condition as same are now in, natural wear and tear and damage from
the elements only excepted.
11. The Lessee agrees not to use the leased premises for any illegal or immoral
purposes and agrees to conform to all the laws of the State of Texas, the
United States, and all rules set out by the City Manager of the City of Corpus
Christi, Texas, for the operation of the leased premises.
12. The Lessee shall not permit malt, vinous, or alcoholic beverages on the leased
premises.
13. The Lessee shall promptly execute and fulfill all the ordinances of the City of
Corpus Christi applicable to said leased premises, and all orders and
requirements imposed by the Health, Sanitation, and Police Departments of
the City, for the correction, prevention and abatement of nuisances in, upon,
or connected with the leased premises during the term of this lease at
Lessee's own expense.
14. The City reserves the right to enter the leased premises at any time during
the existence of this lease for the purpose of inspecting the same in order to
determine whether the terms of said lease are being observed and carried out
provided that said entry does not unreasonably disrupt the conduct of
Lessee's business.
15. The Lessee further agrees that in case of any default in any of the covenants
and conditions of this lease, the City may enforce the performance thereof in
any modes or manner provided by law. The Lessee will have 30 days from
receipt of notice to correct any default. If such default is not corrected in
said 30 days, then the City may declare the lease forfeited at its discretion and
it, its agents, or attorney shall have the right, without further notice or
demand, to re-enter and remove all persons therefrom, without being deemed
guilty of any manner of trespass and without prejudice to any remedies for
arrears of rent or breach of covenant, or the City, its attorneys or agents, may
resume possession of the leased premises and relet the same for the
remainder of the term of this lease at the best rent they may obtain, for the
account of the Lessee, who shall make good any deficiency.
16. The Lessee shall fully indemnify, save and hold harmless the City of Corpus
Christi, its officers, employees and agents (hereinafter called "the
Indemnitees") against any and all liability, damage, loss, claims, demands and
actions of any nature whatsoever on account of personal injuries (including,
without limitation on the foregoing, workers' compensation and death claims),
or property loss or damage of any kind whatsoever, which arise out of or are
in any manner connected with, or are claimed to arise out of or be in any way
connected with, the performance of this agreement, unless such injury, loss
Lease Agreement
Corpus Christi SMSA Limited Partnership
Page 3 of 5
or damage shall be caused by the sole negligence of Indemnitees. Lessee
shall, at Lessee's own expense, investigate all such claims and demands,
attend to their settlement or other disposition, defend all actions based
thereon and pay all charges of attorneys and all other costs and expenses of
any kind arising from any such liability, damage, loss, claims, demands and
actions.
17. The City shall have the right at any and all times of ingress, egress, and
regress on and over the leased premises for the purpose of conducting and
carrying on any business incident to other activities of the said City, provided,
however, that the City will give Lessee reasonable notice and make every
reasonable effort to limit such access to the leased premises during normal
business hours.
18. Any notice or other communication from either party to the other in regard
to this agreement shall be deemed sufficiently given if sent by certified mail,
with postage and fees paid, addressed to the party intended, at the following
address:
City of Corpus Christi
P.O. Box 9277
City Hall - 1201 Leopard
Department of Engineering Services
Property Management Division
Corpus Christi, TX 78469-9277
Southwestern Bell Mobile Systems, Inc. (General Partner)
1022 Grubb Road
San Antonio, TX 78219
19. This lease is made and accepted subject to all ad valorem taxes that may be
levied and assessed on the herein described leased premises during the term
of this lease, the payment of which is hereby assumed by Lessee.
20. By Lessee's execution thereof, Lessee acknowledges that Lessee has read this
agreement and understands that this agreement is not binding on the City
until properly authorized by the City Council and executed by the City
Manager of the City of Corpus Christi, Texas.
WITNESSED the execution hereof in duplicate originals, each of which is to be
considered as an original, this day of , 1993.
Lease Agreement
Corpus Christi SMSA Limited Partnership
Page 4 of 5
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
day of
By:
Juan Garza, City Manager
Corpus Christi SMSA
Limited Partnership (Lessee)
, 1993 By its Gener.1 Partner
Southweste ' s Bell Mobile S Gems, Inc.
Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
By:
Nalcy Fae
Vice Pres
ATTEST:
eral Manager
By:
ACKNOWLEDGMENT
This instrument was acknowledged before me on ,1993,
by Juan Garza as City Manager of the City of Corpus Christi, a Texas municipal
corporation, on behalf of said corporation.
Notary Public, State of Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on � te,v‘nbe Y aa.
1993, by Nancy Faegin as Vice President - General Manager of Southwestern Bell Mobile
Systems, Inc., a Texas corporation, on behalf of said corporation, and the corporation
acknowledged this instrument as general partner on behalf of Corpus Christi SMSA Limited
Partnership, a Texas limited partnership.
Lease Agreement
Corpus Christi SMSA Limited Partnership
Page 5 of 5
r
N Public, State of Texas
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MY COMMISSION EXPIRES
Intim 6, 1996
EXHIBIT "B"
Being all that part of Lot 1, Block 2, Point Tesoro, Unit 5, as recorded in Volume 38, Pages
32 and 33, Nueces County Map Records, and more particularly described as follows:
Beginning at a point on the northwesterly line of Lot 1 which is S27°49'21"W, 90 feet
from the most northerly corner of Lot 1;
Thence S 62°10'39" E, a distance of 50.0 feet;
Thence S 27°49'21" W, a distance of 60.0 feet;
Thence N 62°10'39" W, a distance of 50.0 feet; to a point on the northwesterly line
of Lot 1;
Thence N 27°49'21" E, a distance of 60.0 feet along the northwesterly line of Lot 1
to the point of beginning,
and containing 3,000.0 square feet more or less, together with a 20 -foot wide access
easement across the intervening portion of Lot 1 which lies between the lease area
and the Whitecap Boulevard right-of-way.
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That the foregoing ordinance was read for the first time and passed
to itsecond reading on this the 4 day of , �{j {t4 1 L'4 ,
s
19 (Ili , by the following vote: I 0
Mary Rhodes L Edward A. Martin j1r"
Dr. Jack Best 04 :41„ Dr. David McNichols Ltl-f ;
Melody Cooper 04 David Noyola (LU -J
Cezar Galindo LL Clif Moss')
Betty Jean Longoria 6- skyk
That the foregoing ordinance was read
passe finally on this the 9) day
194, by the following
G"' Edward A. Martin
GUY-- Dr. David McNichols
CLIA.David Noyola
l�LA. Clif Moss
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
for the second time and
of t. -Q br1.4Q.q ,
PASS, D AND APPROVED, this the E5 day of �-Qbrma
19 111
City Secretary
MAYOR
THE CI CORPUS CHRISTI
APPROVED: 020 DAY OF CCC_ , 1973 .
JAMES R. BRAY, JR., CITY ATTORNEY
By Ib(d f a 2AW:u
Assistant ity Attorney
\forms\044
0 218o I
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD# 54697
PO#
Before me, the undersigned, a Notary Public, this day personally
came Beverly Bennett, who being first duly sworn, according to
law, says that she is Business Office Secretary of the Cornus
Christi Caller -Times, a daily newspaper published at Cornus
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 OR HIS DESIGNEE TO EXECUTE A 20 YEAR LEASE WITH
which the annexed is a true copy, was published in the Cornus
Christi Caller -Times on the 9th day(s) of January, 1994.
One Time(s)
S86.40
Business Office -'Secretary
Subscribed and sworn to before me this 14th day
of January, 1994.
0494u.uLi daft ald--43
Notary Public, Nueces County, Texas
Sunday,January 9 1994 Co( pua
Ctxistf CBller•Times(E17
Legal Notices111 > the Legal
lama
EARMS
Auni01N'OF OWDINAtaHE
MANAGER OR HIS D DESIGNEE
TO EXECUTE A 20 YEAR
LEASE WITH OPTIONS TO
RENEW FOR FOUR CONSEC-
UTIVE 10 YEAR TERMS
WITH CORPUS CHRISTI
SMSA LIMITED PARTNER-
SHIP (GENERAL PARTNER, -
SOUTHWESTERN BELL MO-
BILE SYSTEMS, INC.) FOR A
50' X 80' TRACT AT THE
ATER
TREATCMENTWASTEPLANTr FOR
ERECTION OF A CELLULAR
TELEPHONE ANTENNA AND
EOUIPMENT BUILDING. THE
PURPOSE IS TO LEASE A 50' '
WHI ECAP WASEWATER
TREATMENT PLANT FOR
ERECTION OF A CELLULAR
TELEPHONE ANTENNA AND
20YEARS EQUIPMENT ITHDING FOR
O OPTIONS
TO RENEW FOR FOUR CON-
SECUTIVE 10 YEAR TERMS.
UPON ON, MENT OFECUTI52,400 WILLABE
PAID TO THE CITY AND AN-
NUALLY, THEREAFTER,
PRIOR TO THE ANNIVERSA-
RY DATE OF EACH YEAR,
LESSEE WILL PAY TO THE
CITY THE LEASE AMOUNT
(52.400) AS ADJUSTED
EACH YEAR ID REFLECT EI-
THER THE PERCENTAGE
CHANGE IN THE CONSUMER
PRICE INDEX AS PUBLISHED
BY THE U.S. BUREAU OF LA-
BOR STATISTICS
TI WHICHEVER SIX
SMALLER.
The ordinance was passed
and approved on first
reading by the City Council of
the City. of Corpus Christi on
the 4th dey of January, 1994.
Armando Chaps,
PUBLISHER'8 AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD# 37582
PO$
Before me, the undersigned, a Notary Public, this day personally
came Beverly Bennett, who being first duly sworn, according to
law, says that she is 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. 021867 AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A 20 YEAR LEASE WITH OPTIONS
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 13th day(s) of February, 1994.
One Time(s)
86.40
ce4 4/ 411
Business OffiXtecretary
Subscribed and sworn to before me this 7th day
of March, 1994.
Notary Public, Nueces County, Texas
C ��8(ot-
G18/Sunday,FebruaVY1'1114CaM OC Cafe=T_
trogiPMBAng OF mit,
NO. 021114111.4
AUTHORIZING THE art .1
' MANAGER OR HIS DESIGNEE '"
TO EXECUTE A 20 YEAR•
LEASE WITH OPTIONS TO
• RENEW FOR FOUR CONSEC-
UTIVE 10 YEAR TERMS
WITH CORPUS CHRISTI .'
SMSA LIMITED PARTNER- '+n'
SHIP (GENERAL PARTNER,-'.
SOUTHWESTERN. BELL MO-
BILE SYSTEMS, INC.) FOR A 'rt.:'
501030' TRACT AT THE':"
WHITECAP WASTEWATER : r•�;
TREATMENT PLANT FOR -t'a'
ERECTION OF A CELLULAR �'°•
TELEPHONE ANTENNA AND -•E'%.
EQUIPMENT BUILDING. THE f'-
PURPOSE IS TO LEASE A
50'X60' TRACT AT THE'::'
WHITECAP WASTEWATER s .
TREATMENT PLANT FOR :'
ERECTION OF A CELLULAR o.
TELEPHONE ANTENNA AIC '�-
EQUIPMENT BUILDING FOR L.
20 YEARS WITH OPTIONS kl.:
TO RENEW FOR FOUR CON-
E 10 YEARUPOONTIVEXECUTION, A PAY-
( V MENT OF $2,400 WILL BE ".
PAID TO THE CITY AND AN- 'ic.;,
NUALLY, THEREAFTER, "••'
PRIOR TO THE ANNIVERSA-'•ast='
C•: RY DATE OF EACH YEAR, .e
LESSEE WILL PAY TO THE 'L:
CITY THE LEASE AMOUNT a^le
($2,400) AS ADJUSTED'i
EACH YEAR TO REFLECT El- r.ra
THER THE PERCENTAGE ..1s)
CHANGE IN THE CONSUMER .s1
PRICE INDEX AS PUBLISHED.:`.
BY THE U.S. BUREAU OF LA- .c'•l
BOR STATISTICS OR SIX „,'
PERCENT, WHICHEVER IS '
SMALLER. �.
The ordinance was passed
s and approved on second
reading by the City Council of a •a.
)' the thCit dCorpus Christi on n
el e da94
y
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