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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 ;,,,• ei'i�""4r_ `• 1.1 hili, IP At N. BURRUS 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. TCI ANT SITE w z z a u JO!;NT ___RC N5ACK OF CCRB 1 —ROADWAY OFFICE LAB BLD. C H N E 90 LOT I LEASEE TO CONSTRUCT GATE SO LEASE SIT E Whitecap Blvd. Treatment Plant ��-PUMP STA. LOT 2 SLUDGE DRYING BED _ SLUDGE DRYING BED BLBLDEGR. GENERATOR r Ji DIGESTERS Si EXHIBIT A CHLORINE ROOMS car ci LEASE SITE cepa 1"=1c 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 ofArmando 'yyM dq arta &SWS NLarow M !l