HomeMy WebLinkAbout026548 ORD - 11/15/2005
AN ORDINANCE
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A 15
YEAR LEASE AGREEMENT WITH THE LADY LEX MUSEUM ON THE
BAY ASSOCIATION AUTHORIZING THE USE OF A PORTION OF THE
SUBMERGED LANDS PATENTED TO THE CITY BY THE STATE OF
TEXAS AND ADJOINING LITTORAL CITY PROPERTY FOR THE
BERTHING OF THE U.S.S. LEXINGTON AT A PIER CONSTRUCTED
BY THE ASSOCIATION AND THE OPERATION OF A MUSEUM;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a 15 year Lease
.Agreement with the Lady Lex Museum on the Bay Association authorizing the use of a
portion of the submerged lands patented tot he City by the State of Texas and adjoining
littoral City property for the berthing of the US.S Lexington at a pier constructed by the
Association, and the operation of a museum. The Lease Agreement is attached as
Exhibit A and a copy is on file with the City Secretary
SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement
begins on the 61 5t day after City Council adoption of this ordinance on second and final
reading and will have a term of fifteen (15) years. and the second and final reading of
this ordinance is at least twenty eight (28) days after the first reading. Each reading
was done at a regular meeting of the City Council
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance is 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 of this ordinance be given full force and effect for its purpose.
SECTION 4. 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.
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fhat the foregoing ordinance was read for the first time and passed to its second
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reading on this the._lL._ day of __. c-tc .-"(,.. __, 2005, by the following vote:
Henry Garrett __ ~,' I' Rex A. Kinnison (l.&-.:1fcl..~Y""
That, the f,O regoing, ordina~d for the second time and passed finally on this
the ~ day of ~ ." 2005 by the following vote:
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PASSED AND APPROVED, this the Jr;-+--day of"1J~
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
ATTEST
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Armando Chapa '
City Secretary
APPROVED__ day of
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R Jay Reining ,
First Assistant City Attorney
For City Attorney
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ell --Ji.:t,(
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John Marez
Jesse Noyola
Mark Scott
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Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
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Mayor
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LEASE AGREEMENT
STATE OF TEXAS
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KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
This Lease Agreement is made and entered into by and between the City of Corpus
Christi, Texas, a municipal corporation ("City") and the Lady Lex Museum on the Bay
Association, a nonprofit corporation ("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, which is attached to and
incorporated into this lease for all purposes,
2 TERM The term of this Lease shall commence at 12:01 a,m.,
shall continue until midnight,___, 2020.
3 REPLACEMENT LEASE: This Lease extends, amends, and replaces that prior lease
dated February 24,2000, authorized by Ordinance No. 023949 of the City Council of the
City
,2005, and
4. 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
5 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, construction and maintenance of
a pier and small accessory buildings, such as ticket booths, 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,
6 LIMITATION OF LEASEHOLD: The City does not warrant its title to the Leased
Premises. This Lease and the rights and privileges granted the Association in and to the
Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of
record or apparent Nothing contained in this Lease may be construed to imply the
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conveyance to the Association of rights in the Leased Premises that exceed those owned
by City
7 CITY USE: The City retains the right to use or cross the Premises with utility lines and
easements. City may exercise these rights without compensation to the Association for
damages to the Premises from installing, maintaining, repairing, or removing the utility
lines and easements. City must use reasonable judgment in locating the utility lines and
easements to minimize damage to the Premises.
8 COMPLIANCE WITH LAWS: The Association agrees to comply with all laws,
ordinances, orders, rules, regulations, and requirements of Federal, State, and local
govemments, and of all of their departments, applicable to the Leased Land. This Lease
is also subject to applicable provisions of the City Charter.
9 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.
10. 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 maintenance, and repair of the Leased Land and the
facilities located thereon,
'11, INSURANCE:
a The Association shall secure and maintain at the Association's expense, during the
term of this Lease, insurance of the type and with the amount of coverage shown on the
attached Exhibit S, which is incorporated in this Lease by reference. The Association shall
use an insurance company or companies acceptable to the Risk Manager. Failure to
maintain the insurance during the term of this Lease, at the limits and requirements shown
on Exhibit B, constitutes grounds for termination of this Lease.
b, The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of
and operations at the Premises. The Certificate of Insurance must provide that the City
will have thirty (30) days advance written notice of cancellation, intent to not renew,
material change, or termination of any coverage required in this Lease.
c The Association shall provide, during the term of this Lease, copies of all insurance
policies to the Risk Manager upon written request by the City Manager.
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c The Risk Manager retains the right to annually review the amount and types of
Insurance maintained by the Association, to require increased coverage limits, if necessary
In the interest of public health. safety, or welfare, and to decrease coverage, if so
warranted In the event of any necessary increase, the Association must receive thirty
i 30) days written notice prior to the effective date of the requirement to obtain increased
coverage
e In the event alcoholic beverages are to be served on or in any Premises covered by
this Lease, the Association shall additionally obtain or cause to be obtained alcoholic
beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering
the event or time period when alcoholic beverages are to be served.
f The Association shall maintain workers compensation insurance covering any employee
on the Premises as governed by the laws of the State of Texas and employer's liability
Insurance with minimum limits of liability of $500,000. The workers' compensation
Insurance must 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, or attomeys. As an altemative
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,
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 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:
a 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.
b The Association shall promptly remit to the Comptroller for the State of Texas all sales
taxes collected from its activities on the Lease Land.
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, CITY MANAGER'S RIGHT TO ACCESS PREMISES IN EMERGENCY:
a, The Association shall provide the City Manager access to premises, and a current list
of contact names and phone numbers for use by the City Manager in the event of an
emergency.
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t The City Manager has the right to enter the premises during the regular hours of
operation normal or at anytime in an emergency,
16. 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
17. NO DEBTS: The Association may not incur any debts or obligations on the credit of
the City during the term of this Lease, and including during any Holdover Period that may
occur.
18, LIENS: The Association shall not permit any mechanic's, materialman'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.
19 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 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
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represents that the Association will not cause or allow the release, discharge, emission,
leak. spill, or dumping of any Hazardous Materials or oil in harmful quantities at or from the
facilities on the Leased Land into the waters of the United States and State of Texas,
except for those releases allowed under applicable laws;
d 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 attomeys 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 or the release, discharge, emission, leak, spill,
or dumping of any Hazardous Materials or oil in harmful quantities at or from the facilities
on the Leased Land into the waters of the United States and State of Texas 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 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 pertormance, the City agrees not to intertere in the Association's proceedings with such
iigency
20. 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
Association's operations on the Leased Land. The Association specifically agrees
to 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 due to the death or injury of any employee of the
Association or through a right of subrogation by an insurance company.
21 BUDGET: The Association shall submit to the City's Director of Finance a copy of its
annual budget adopted each year showing anticipated revenues and expenses for the
new year with a comparison to the actual revenues and expenses for the previous year.
Such budget shall be formulated according to generally accepted accounting practices and
;n a form approved by the City's Director of Finance.
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22, RECORDS AND REPORTS: The Association shall keep strict and accurate books of
account of all receipts collected and other revenues received. The Association agrees to
fumish to the City's Director of Finance quarterly financial statements, to include balance
sheets and statements of revenues and expenditures concerning its operations within
thirty (30) days from the end of each quarter. Such Statements shall be formulated
according to generally accepted accounting practices and in a form approved by, the City's
Director of Finance The Association's books of account shall be Open for inspection by
the City during business hours. All underlying documentation for the Association's
quarterly statements shall be preserved by the Association for at least five (5) years. The
Association additionally shall furnish to the City a copy of its annual audited financial report
within 120 days of the end of each, fiscal year of the Association.
23. DEFAULT: The following events shall be considered events of default under the
terms of this Lease:
a Failure of the Association to deliver to the City at least thirty (30) days prior to the bond
payment due date, the amount of any payment required under those City of Corpus
Christi, Texas Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates
of Obligation, Series 1992 in the original principal sum of $3,000,000 (the "Bonds").
tJ Failure of the Association to deliver to the City at least thirty (30) days prior to the due
date, the amount of any mandatory sinking fund deposit required under the Bonds.
c Failure of the Association to maintain in its restricted reserve accounts an amount equal
to one years debt service on the Bonds, inclusive of any mandatory sinking fund deposits,
at all times during the term of this Lease or any extension hereof.
d In the event that for any fiscal year the Association reports a net operating loss. In this
regard, the amount of gain or loss shall be calculated without regard to depreciation as an
operating expense
e In the event that the annual U.S. Navy inspection report of the ship shows a material
condition deficiency which has not been addressed by the following inspection report. The
Association agrees to forward to the City Manager of the City a copy of the inspection
report each year within thirty (30) days of receiving such and a copy of the Association's
response
, In the event the Association fails to comply with any other covenant or condition of this
Lease. after thirty (30) days written notice of same, with an opportunity to cure during such
penod
24. REMEDIES: In the event of any default in the performance of this Lease by the
Association, the Association may submit to the City, within twenty (20) days of such
default, a remediation plan showing the manner in which the Association plans to remedy
the default, a detailed budget supporting the plan, the parties involved, in remedying such
default, and a detailed timeline for the implementation of such plan. Upon any such
default, the City shall have the right to:
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'" Approve the remediation plan submitted by the Association and continue to monitor
compliance with the plan. In such case, any default by the Association in the remediation
plan shall constitute a new default under this Lease.
t, Require that changes be made in the remediation plan submitted by the Association, In
such case, if the Association concurs with such changes, the remediation plan shall
proceed as provided above. If the Association does not concur in such changes, the City
shall have the right to exercise any of the remedies provided below.
c Adopt a remediation plan, In the event one is not submitted by the Association. In such
case, if the Association fails to comply with the requirements of such plan, the City shall
have the right to exercise any of the remedies provided below.
d Require a change in any or all of the members of the board of directors of the
Association or the management of the Association, including the appointment by the City
of a new board of directors to govern the Association in accordance with its articles of
Incorporation and bylaws
e Notify the Association of the termination of this Lease and direct the Association to
vacate 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. In such event, the Association shall proceed with due diligence in
completing such relocation, and if the Association fails to diligently complete such
relocation, the City may exercise its rights in (d) above.
25. NONDISCRIMINATION: The Association shall be responsible for the fair and just
treatment of all of its employees and patrons. 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.
26. DRUG POLICY: The Association must adopt a Drug Free Workplace and Drug
Testing Policy.
27. VIOLENCE POLICY The Association must adopt a Violence in the Workplace Policy.
28. 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.
29. 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
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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,
nots. epidemics. hurricanes, fires, floods, civil disturbances, explosions, or other accidents
or causes not reasonably within the control of the party claiming such inability.
30 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 each party.
31, 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
32. 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 govemmental authority concerning
any matters related to this Lease.
33. 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 retum 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:
CITY:
City of Corpus Christi, Texas
1201 Leopard Street
POBox 9277
Corpus Christi, Texas 78469
Attention: City Manager
ASSOCIATION:
Lady Lex Museum on the Say Association
2914 N. Shoreline Drive
PO Box 23076
Corpus Christi, Texas 78403
Attention: Executive Director
34. ALTERATIONS: The Association may make alterations to the permanent
Improvements located on the land areas comprising the Leased Premises with the
consent of the City Manager or the City, or the City Managers designee.
35, RELATIONSHIP OF PARTIES: This Lease establishes a landlord/tenant relationship,
and no other relationship. This Lease must be construed conclusively in favor of that
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relationship. In performing this Lease, both the City and the Association will act in an
individual capacity and not as agents, representatives, employees, employers, partners,
JOint-venturers, or associates of one another. The employees or agents of either party
may not be. nor be construed to be. the employees or agents of the other party for any
purpose.
36, NOT FOR BENEFIT OF THIRD PARTIES: This Lease is only for the benefit of the
City and the Association, and no third party has any rights or claims under this Lease or
against the City
37. PUBLICATION COSTS: The Association shall pay for the cost of publishing the
Lease description and related ordinance, as required by the City's Charter, in the legal
section of the local newspaper.]
38. MEMORANDUM OF LEASE: The City will execute and deliver to the Association a
short form memorandum of this Lease in recordable form. The Association shall pay all
costs of preparing and recording the Memorandum of Lease.]
39. INTERPRETATION: This Lease will be interpreted according to the Texas laws which
govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this
Lease was entered into and will be performed.
40. SURVIVAL OF TERMS: Termination or expiration of this Lease for any reason does
not release either party from any liabilities or obligations under this Lease that (a) the
parties have expressly agreed survive any the termination or expiration; (b) remain to be
performed; or (c) by their nature would be intended to be applicable following any the
termination or expiration of this Lease.
41. CAPTIONS: The captions utilized in this Lease are for convenience only and do not
In any way limit or amplify the terms or provisions of this Lease.
42. SEVERABILITY:
a If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or
word of this Lease or the application of this Lease to any person or circumstance is, to any
extent, held illegal, invalid, or unenforceable under present or future law or by a final
Judgment of a court of competent jurisdiction, then the remainder of this Lease, or the
application of the term or provision to persons or circumstances other than those as to
which it is held illegal, invalid, or unenforceable, will not be affected by the law or
Judgment, for it is the definite intent of the parties to this Lease that every section,
paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force
and effect for its purpose
b To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Lease, then the remainder of this
Lease is not affected the law, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable
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clause or provision as may be possible and be legal, valid, and enforceable, will be added
to this Lease automatically
43. VENUE: Venue lies In Nueces County, Texas, where this lease was entered into and
will be performed.
44. ENTIRETY CLAUSE This Lease and the attachments and exhibits incorporated into
thiS Lease constitute the entire agreement between the City and the Association for the
purpose granted, All other agreements, promises, representations, and understandings,
oral or otherwise, with reference to the subject matter of this Lease, unless contained in
thiS Lease are expressly revoked, as the parties intend to provide for a complete
understanding within the provisions of this Lease and its exhibits of the terms, conditions,
promises and covenants relating to the Association's operations and the Premises to be
used in the operations.
45. BINDING LEASE: It is further mutually understood and agreed that the covenants
and agreements contained in the Lease, to be performed by the respective parties, are
binding on the parties, and their respective successors and assigns.
46 ACKNOWLEDGEMENT: Each party expressly agrees that it has independently read
and understood this Lease. By the Association's execution of this Lease, the Association
acknowledges and understands that this Lease is not binding on the City until properly
authorized by the Council and executed by the City Manager or by his designee.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of
2005.
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LADY LEX MUSEUM ON
THE BAY ASSOCIATION
By:
F. W. Montesano
Executive Director
STATE OF TEXAS 9
~
COUNTY OF NUECES ~
This instrument was acknowledged before me on ,2005, by F.
W. Montesano, Executive Director, for Lady Lex Museum on the Bay Association, a Texas
domestic nonprofit corporation, on behalf of the corporation.
Notary Public, State of Texas
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ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K. Noe
City Manager
APPROVED AS TO LEGAL FORM: This
day of October, 2005.
Mary Kay Fischer
City Attorney
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This instrument was acknowledged before me on , 2005, by
George K Noe, City Manager of the City of Corpus Christi, a Texas home rule municipal
corporation, on behalf of the corporation.
Notary Public, State of Texas
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Exhibit B
INSURANCE REQUIREMENTS
Lessee's Liability Insurance
A. Lessee must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. Lessee
must not allow any subcontractor to commence work until all similar insurance required
of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance, showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager. The City must be named as an additional
Insured for the Liability policies, and a blanket waiver of subrogation is required on all
applicable policies
.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
3D-Day written notice of cancellation, non-renewal, Bodily Injury and Property Damage
material change or term i nation and a 1 D day written
notice of cancellation for non-payment of premium is Per Occurrence Aggregate
required on all certificates
COMMERCIAL GENERAL LIABILITY including $1,000,000 COMBINED SINGLE LIMIT
1, Commercial Form
2, Premises - Operations I
3, Productsi Completed Operations Hazard I
4, Contractual Liability
5. Independent Contractors
6, Personal Injury
7, Broad Form Property Damage
AUTOMOBILE L1ABILlTY----OWNED, NON-OWNED OR $1,000,000 COMBINED SINGLE LIMIT
RENTED
LIQUOR LIABILITY $1,000,000 COMBINED SINGLE LIMIT
When liquor IS being sold or served
WORKERS COMPENSATION INSURANCE WHICH COMPLIES WITH THE TEXAS WORKER'S
, COMPENSATION ACT and Section 2 of this exhibit
I EMPLOYERS LIABILITY INSURANCE $500,000'
!
,
I 'Note: Under 911.f. of the Agreement, the Associati(
I
i authorized to establish one or more employee benefi
I plans providing for the payment of medical expenses
and lost wages in the event of an on-the-job injury
i suffered by an employees as an alternative to workel
L_,,_____._.____ compensation insurance.
R50503C6.dn,
13
C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager
with copies of all reports of such accidents within 10 days of the accident.
2 ADDITIONAL REQUIREMENTS
A. Lessee must obtain workers' compensation coverage through a licensed
Insurance company in accordance with Texas law. The contract for coverage must
be written on a policy and endorsements approved by the Texas Department of
Insurance. The coverage provided must be in amounts sufficient to assure that all
workers' compensation obligations incurred by the Lessee will be promptly met. As
an altemative 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.
B. Certificate of Insurance
(1) The City of Corpus Christi must be named as an additional insured
on the Liability policies and a blanket waiver of subrogation is required on all
applicable policies,
(2) If your insurance company uses the standard ACORD form, the
cancellation clause (bottom right) must be amended by adding the
wording "changed or" between "be" and "canceled", and deleting the words,
"endeavor to", and deleting the wording after "left". In the alternative, a copy
of the endorsement evidencing that the policy was endorsed with required
cancellation provisions is mandatory.
(3) The name of the project must be listed under "Description of
Operations".
(4) At a minimum, a 30-day written notice of material change, cancellation,
non-renewal or termination and a 10-day written notice of cancellation for
non-payment of premium is required.
C If the Certificate of Insurance on its face does not indicate the existence of the
coverage required by items 1.B (1 )-(7), an authorized representative of the
insurance company must include a letter specifically stating whether items 1.8. (1)-
(7) are included or excluded.
~50503C6,d()c
14
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PUBLISHER'S AFFIDAVIT
~ ~., , , --
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S ta te'.Olt wiexas
County of Nueces
ss:
CITY OF CORPUS CHRISTI
Ad # 5331627
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, who being first duly sworn, according to law, says that she is
SENIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in
Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg,
Live Oak, Nueces, Refugio, San Patricio, Victoria anJ Webb Counties, and that
the publication of, NOTICE OF PASSAGE OF ORDINANCE ON which the
annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-Times Interactive on the 23RD day(s) of
OCTOBER, 2005.
$133.62
&Ci:/1JJ.- (jj ~.5~
SENIOR COLLECTOR
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
OCTOBER 24, 2005.
~
Notary Public, Nue
Michelle Cabrera
Print or Type Name of Notary Public
My commission expires on March 19,2008.
I
e""f~ MICHELLE JO I(CE CABRERA.
..}; . MY COMMISSION EXPIRES
~ .: · ~h ~9, 2008
.;r;,
TlCE OF PASSA
OF ORDINANCE ON
FIRST READING
Authorizing City
Manager or his
designee to ex~ a
15-year le.se
agreement with the
lady Lex MlI88UIJl on
the Bay AuocIatIon
authorizing \he use of a
portion of the
submerged lands
patented 10 the City by
the Sta$e of T... and
adjoining littoral City
property for the
berthing of \he U.S.S.
Lexingkln at a pier
constructed by the
aaaocIation and the
operation of a
museum. The
AsaocIetion agrees to
pay $1.00 per year.
then. in lIdvance. on
the first day of the
Lease. Thla ORIInance
was pa..ed and
approved by \he City
CouncR of the City of
Corpus Christi on ita
first reading on
October 18, 2005.
!s/ Armando Chapa
City Secretary
City of Corpus Chri~
LER-TIM:~S
PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueces
ss:
CITY OF CORPUS CHRISTI
Ad # 5353512
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, who being first duly sworn, according to law, says that she is
SENIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in
Aransas, Bee, Brooks, Duval, 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. which the
annexed IS a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-Times Interactive on the 20TH day(s) of
NOVEMBER, 2005,
$135.12
o
coOn
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SENIOR COLLECTOR
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
NOVEMBER 21, 2005.
) {JJ",
,~Q~t; 7"(Y))}<Ll dUJfV-A--'
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/09.
,-5_. November 20. ~ .CAI.I. E IR. !.!!~
. -... ~ l' -.1
OF ORDINANCE NO.
021148
Authorizing City
Manager or his
designee to execute a
15-year lease
agreement with the
Lady Lex Mueeum on
the Bay Association
authorizing the uee of a
portion of the
submerged lands
paten1ed to the City by
the State of Texas and
adjcIInIng littoral CIy
:=ty for the
of the U.S.$.
lexington at a pier
constructed by the
association and the
operation of a
museum. The
Aeeoclation agrees to
pay $1.00 per year,
then, in advance, on
the first day of the
Lease. This ordinance I
was pa"8d and!
approved by the City
Council of the City of
Corpus ChrIsti on its
second reading on
November 15, 2CIb5.
III Arm8ndo (J,.a
City SeeMfliry
City of Corpus CtviBti