HomeMy WebLinkAbout026966 ORD - 08/29/2006Page 1 of 2
ORDINANCE
AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A ONE
YEAR LEASE AGREEMENT WITH CORPUS CHRISTI EDUCATION
FOUNDATION ( "LESSEE ") FOR USE OF MARY CARROLL HOUSE AT
HERITAGE PARK IN CONSIDERATION OF LESSEE SECURING ALL
LABOR TO FULLY RESTORE THE HOUSE AND LANDSCAPE THE
GROUNDS; AND LESSEE MAINTAINING THE PREMISES AND
IMPROVEMENTS; AND LESSEE USING ITS BEST EFFORTS TO
DEVELOP AND MAINTAIN A BUILDING TRADES EDUCATIONAL
PROGRAM TO MAINTAIN THE EXTERIOR OF THE STRUCTURES AT
HERITAGE PARK; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. City Manager, or designee, is authorized to execute a One Year Lease
Agreement with Corpus Christi Education Foundation ( "Lessee ") for use of Mary Carroll
House at Heritage Park in consideration of Lessee securing all labor to fully restore the
house and agreeing to landscape and maintain the premises and improvements and
use its best efforts to develop and maintain a Building Trades Educational Program. A
copy of the Lease Agreement (with attachments) is attached as Exhibit "A" and a copy
is on file with the City Secretary,
SECTION 2. Upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
imrnediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that iordinance .s passes u • s n first reading as an
emergency measure on this day of !> 1 _ , 2006.
ATTEST:
Armando Chapa
City Secretary
OWED 23 August 2006
Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
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ITY ' F CORPUS CHRISTI
enry Gar -tt.
Mayor
Page 2 of 2
Corpus Christi, Texas
day of
2006
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 two 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,
Council Members
Respectfully,
H • my Garr
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
WNIiam Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
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1 YEAR LEASE AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
CORPUS CHRISTI EDUCATION FOUNDATION
STATE OF TEXAS
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
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This lease agreement ("Lease ") is entered into by and between the City of Corpus
Christi, a Texas home rule municipal corporation ( "City "), acting through its duly
authorized City Manager, or his designee ( "City Manage' "), and Corpus Christi
Education Foundation, a Texas nonprofit corporation ( "Lessee "); and
WHEREAS, City owns the Mary Carroll House located on Lot 4, Block 69, Beach
portion, Corpus Christi, Nueces County, Texas, together with all improvements thereon
( "Premises "). and
WHERAS, the Corpus Christi Education Foundation mission is to advance educational
opportunities for youth; and
WHEREAS, Lessee has requested the use of the Premises for the purpose of
establishing administrative offices for lessee and selected partnering educational and
youth serving entities.
NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and
covenants contained herein. agree as follows:
Section 1. Definitions.
A. Certificate of Occupancy — means the certificate of occupancy issued by
the City of Corpus Christi
B. City — means City of Corpus Christi, Nueces County, Texas, a home -rule
municipal corporation
C. City Manager — means City's City Manager or City Manager's designee
D. Council — means City's City Council
E. Director - means City's Director of Parks and Recreation or that Director's
designee
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F. Holdover Period — means any period of time not exceeding six (6) months in
length, which is measured in pro rata monthly increments for rental payment
purposes, that Lessee remains in the Premises after the expiration of the
original term of this Lease, the original term being one (1) year
G Lease — means this Lease document, including all attached and incorporated
exhibits
H. Lessee — means Corpus Christi Education Foundation, a Texas corporation
I. Parks — means City's Parks and Recreation Department
J. Premises — means Lot 4, Block 69, Beach Portion, Corpus Christi, Nueces
County, Texas, and the structure thereon commonly known as the Mary Carroll
House, together with all improvements located thereon
K. Regular Hours of Operation — means, at a minimum, at least 30 hours per
week per calendar month, except holidays.
L. Risk Manager - means City's Director of Risk Management or that Director's
designee
M. Superintendent — means City's Multicultural Services Superintendent
Section 2. Purpose.
The purpose of this Lease, between City and Lessee, is to enable Lessee to establish
administrative offices for the Lessee and partnering organizations, and to provide
meeting rooms for activities of the Lessee and other organizations. Lessee shall
establish and maintain during the term of this Lease an administrative office and
meeting place and shall not operate the Premises for any other purpose without
Director's prior written approval.
Section 3. Term and Effective Date.
The Term of the Lease shall begin on the effective date and end on the date that is one
year later. The effective date of this Lease is the day of , 2006 and
this lease expires on the day of , 2007. (As required by City
Charter, the effective date of this one year lease is immediately after the adoption by
City Council of the ordinance authorizing the execution of this Lease.) However, the
parties contemplate that the City Council will authorize a longer term lease to Lessee of
the same property covered by this Lease. If a longer term lease is authorized, then this
Lease, if not sooner terminated or expired, shall expire as soon as the longer term lease
is effective.
This Lease may be terminated as set out in other sections of this Lease. However, the
Director has the absolute right to terminate the Lease with or without cause upon sixty
(60) days written notice to Lessee.
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Section 4. Contact Person /Lease Administrator.
For this Lease, City's contact person and lease administrator is Director.
Section 5, Lease Payments.
Lessee has represented to the City that it will secure all labor necessary to fully restore
the property and to landscape the grounds of the property. In addition, Lessee has
represented that it will fully maintain the interior and exterior of the property during the
terms of the Lease at no cost to the City. Lessee has also indicated its intention to use
it best efforts to develop and maintain a Building Trades Educational Program that will
undertake the exterior maintenance of the structures within Heritage Park, with the City
providing materials and supplies. The program will be coordinated through the
Director. It is the intention also to have this Building Trades Education Program
undertake the construction of new projects such as a bandstand in Heritage Park at the
request of the Director
In reliance on the representations of the Lessee, lease payments will be held in
abeyance as long as the Lessee at a minimum fully maintains the exterior and interior
of the structure to the standards of the other homes in Heritage Park and complies with
all of the terms and conditions of the Lease.
In the event that the Lessee fails to comply with this minimum, a lease rate of $500 per
month shall become effective upon 30 days' notice from the City. Should any payment
become due. payments must be made to the order of the City of Corpus Christi and
mailed to City Collections Department, PO Box 9257, Corpus Christi, TX, 78469, or
delivered to City Hall at 1201 Leopard Street. Corpus Christi, TX, 78401.
Section 6. Delinquency and Default Regarding Lease Payments.
A Lessee is "delinquent" if City has not received Lessee's monthly lease
payment on or before 5:00 p.m. on the 5th day of the month in which payment
is due. If the 5th day of the month falls on a weekend or holiday, the payment
must be tendered on the fires business day thereafter.
B Lessee is in default" for purposes of Section 23 of this Lease if Lessee fails
or refuses to pay the amount due within five (5) days after City has sent a
written notice of delinquency to Lessee.
Section 7. Hours and Terms of Operation.
A. The Premises shall be open to the public and Lessee shall operate the
Premises. at a minimum, for a period of at least thirty (30) hours per week per
calendar month, excluding holidays. Regular Hours of Operation may be
adjusted, for scheduled seasonal activities and other special events scheduled
by Parks, with the prior written approval of Director.
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B. Lessee agrees to maintain one furnished room that has been restored to reflect
the period when the house was originally constructed. The furnished room shall
be open to the public for viewing during Lessee's Regular Hours of Operation.
C During Lessee's Regular Hours of Operation, Lessee shall provide information
to visitors regarding the history and restoration of the Premises.
D Lessee shall provide the Superintendent with the keys to the Premises, a
current list of names and phone numbers, and any security codes for use by the
Superintendent or the Superintendent's designee, in the event of an emergency.
Lessee shall allow the superintendent to have access to the Premises, by use
of the keys provided in this subsection or during Regular Hours of Operation,
during the 60 -day period preceding expiration of this Lease, and including during
any Holdover Period, in order to show the Premises to prospective tenants.
However, for the purposes of securing Lessee records, event tickets, office
equipment. and other valuables, Lessee may secure, at its discretion and
expense, certain rooms of the Premises that will be accessible only to Lessee,
by installing Lessee's own locks on selected doors and retaining control over
these keys, provided that the rooms are approved in advance by the Director.
Section 8. Public and Special Tours.
Lessee grants to Parks the right to continue free regularly - scheduled public tours
through the Premises, with the schedule to be determined by Parks. Lessee shall
make Premises available for special tours for visiting parties or groups on an
appointment basis
Section 9. Utilities
A. It is understood by and between the parties that scheduled, regular garbage
collection services is available to the Premises and that the provision of this
services shall be the responsibility of Parks under City's present Heritage Park
maintenance program. The cost to Lessee for garbage collection service by City
is included and made a part of Lessee's monthly lease payment;
B. Lessee shall deposit. or cause to be deposited, all garbage and debris
generated at the Premises into the garbage dumpster provided by City at the
Premises. Any garbage needs that Lessee requires at Premises, beyond
regular service, or in addition to existing park dumpster capacity, shall be the
responsibility. and at the sole expense, of Lessee.
C. Lessee shall contract separately with a telephone service provider of Lessee's
choice for the provision of active telephone service, at Lessee's sole expense.
D. Lessee shall bear the cost of all electricity used at the Premises during the term
of this Lease and including any Holdover Period. Additionally, Lessee shall
bear the cost of use. maintenance, and installation of a security alarm system
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installed at the Premises during the term of this Lease and including any
Holdover Period.
E. The City shall provide taps for water and wastewater on premises. The cost to
Lessee for the provision of water and sewage service by City is included and
made a part of Lessee's monthly lease payment.
F. Should Lessee require any modification, after the certificate of occupancy is
issued, to the provision of the enumerated utilities in this section or require any
additional utility service not herein covered during the term of this Lease, Lessee
shall submit a request, in writing, to Director for consideration and possible
amendment of this Lease.
Section 10. Restoration, Repairs, and Maintenance.
The City shall reimburse the Corpus Christi Education Foundation up to a maximum of
$50,000 for the restoration of the interior and exterior of the property, which includes:
rewiring for electricity, cable, internet, gas, security system; plumbing; restoration and /or
replacement of floors, fire place walls cabinets, doors, patios, facade, shutters,
counters, fixtures, windows, locks, paint, molding, landscaping, fencing, walks. The City
shall reimburse the Foundation for costs associated with the restoration and
construction within 30 days of submission of requests for reimbursement. The Corpus
Christi Education Foundation shall recruit volunteers to serve 4000 volunteer hours to
restore the property. The restoration of the property shall be completed within the first
year of this lease. Restoration shall comply with City Code. The Foundation recognizes
that the funding provided by the City comes from the CDBG program and as such all
associated federal requirements must be met for the construction.
Following the issuance of the certificate of occupancy, Lessee shall, at lessee's
expense, maintain the interior and exterior of the Leased Premises. Maintenance shall
include routine cleaning of floors, walls, ceilings, air filters, restrooms, kitchen, dusting,
and Tight bulb changes.
The City shall be responsible for maintaining landscaping, public parking area, park and
recreation grounds. It is further understood and agreed that City shall maintain the
utilities lines servicing the Premises
Lessee may request a reduction in monthly lease payment(s) in exchange for payment
of capital or significant improvements. All requests for these improvements must be
submitted in writing, with a cost estimate, to the Director for Director's consideration and
approval, in Director's sole discretion. However, all these improvements must be in
compliance with Section 20 of this Lease.
If lease is terminated by either party under the terms of the lease, the City agrees to
reimburse the lessee within 30 days for any and all costs associated with the restoration
of the property.
Section 11. Furniture, Fixtures, and Equipment.
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A. It is understood that Lessee will be responsible for furnishing and equipping the
Premises and that City has no obligation to furnish any equipment or
furnishings for Lessee.
B. All personal property and trade fixtures furnished by or on behalf of Lessee will
remain the property of the Lessee unless the personal property and trade
fixtures are specifically donated to City during the term of this Lease or any
Holdover Period.
C. In the interest of maintaining the current Victorian theme of Heritage Park,
Director retains the right to approve, prior to installation, all furnishings and
fixtures that may be installed in the Premises, during the term of this Lease and
any Holdover Period.
Section 12. City Use.
A. City is permitted the use of a portion or portions of the Premises not occupied by
Lessee's administrative offices for meetings and other uses at times and on
dates that may from time to time be mutually agreed upon by the parties to this
Lease. Lessee is not entitled to any compensation in whatever form, either
tangible or intangible, for City's use of the Premises.
B. City retains the right to use or cross the Premises with utility lines and
easements. City may exercise these rights when 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.
Section 13. Laws Affecting Operation of Premises and Performance. Lessee shall
comply with all Federal, State, and local laws, ordinances, rules, and regulations
applicable to Lessee's operation of the Premises and Lessee's performance under this
Lease. This Lease is also subject to applicable provisions of City Charter.
Section 14. Inspection. Any officer or authorized employee of City may enter upon
the Premises, at all reasonable times and without notice, to determine whether Lessee
is providing maintenance in accordance with and as required by Section 10(B) or for
any other purpose incidental to City's retained rights of and in the Premises.
Section 15. Capital Improvements by City. City may, from time to time, and in City's
sole discretion, undertake capital improvement to the Premises. Prior to commencing
any capital improvements, City shall notify Lessee 45 days in advance, in writing, of the
dates in which Lessee shall be required to vacate the Premises, should Director deem
this necessary. Lessee agrees that the term of this Lease shall be prorated for any
period of time over one week during which Lessee is restricted from entering the
Premises for the purposes of constructing capital improvements. Lessee
acknowledges and understands that City shall have no obligation to provide an
alternate location for Lessee during any period that Lessee must vacate the Premises.
However. if space is available at Heritage Park on a temporary basis, the City must
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provide a temporary location at a rate agreed by both parties. Additionally, Lessee is
not entitled to any compensation in whatever form, either tangible or intangible, for Toss
of the use of a portion or portions of the Premises that may result due to City's
construction of capital improvements at, in, or on the Premises.
Section 16. Budgetary Appropriations.
Lessee understands and acknowledges that the continuation of any City - provided
service or maintenance after the close of any fiscal year of City, which fiscal year ends
on July 31 of each year shall be subject to sufficient appropriations and budget
approval providing for or covering the contract item as an expenditure in City's budget.
If revenue funds are not appropriated for any individual fiscal year following the
execution of the Lease. the Lessee and City may revise the lease agreement to reflect
changes in maintenance and services provide in exchange for payment.
Section 17. Relationship of Parties.
This Lease establishes a landlord /tenant relationship, and none other, and this Lease
must be construed conclusively in favor of that relationship. In performing this Lease,
both City and Lessee 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 shall not be, or construed to be, the
employees or agents of the other party for any purpose whatsoever.
Section 18. Insurance.
A. City shall maintain fire and extended coverage insurance on the Building and
the Leased Premises in an amount that City deems appropriate. Lessee shall be
responsible, at its expense, for fire and extended coverage insurance on all of its
personal property, including removable trade fixtures, located in the Leased
Premises. Insurance documents showing type and amount of coverage shall be
submitted and attached as Exhibit A of this lease. Failure to maintain the
insurance during the term of this Lease, at the limits and with the requirements
shown on Exhibit A, 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 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. City must be listed as an additional insured on
the General Liability coverage
C. Lessee shall provide, during the terms of the Lease, copies of all insurance
policies to the Risk Manager upon written request by City Manager.
D. The Risk Manager shall retain the right to annually review the amount and types
of insurance maintained by Lessee, to require increased coverage limits and
types, if necessary in the interest of public health, safety, or welfare and to
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decrease coverage, if so warranted. In the event of any necessary increase,
Lessee shall receive thirty (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 Lessee. the Lessee shall additionally obtain or cause to be
obtaining 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. Lessee shall, prior to any addition or alteration to, on, or about the Premises,
obtain prior clearance, in writing, from the Risk Manager that the proposed
addition or alteration will not necessitate a change or modification in the existing
insurance coverage maintained by Lessee. This clearance is in addition to the
prior consent required by Section 20(A), as contained herein.
Section 19. Indemnity. In consideration of allowing Lessee to use the Premises,
Lessee ( "Indemnitor ") covenants to fully indemnify, save and hold harmless City,
its officers, agents, representatives, and employees (collectively, "Indemnitees ")
from and against any and all liability, loss, damages, claims, demands, suits, and
causes of action of any nature whatsoever asserted against or recovered from
City on account of injury or damage to person including, without limitation on the
foregoing, Premises defects, workers' compensation and death claims, or
property loss or damage of any other kind whatsoever, to the extent any injury,
damage, or loss may be incident to, arise out of, be caused by, or be in any way
connected with, either proximately or remotely, wholly or in part: (1) Lessee's
performance pursuant to this Lease; (2) Lessee's use of the Premises and any
and all activities associated therewith pursuant to this Lease; (3) the violation by
Lessee, its officers, employees, agents, or representatives or by Indemnitees, or
any of them, of any law, rule, regulation, ordinance, or government order of any
kind pertaining, directly or in- directly, to this Lease; (4) the exercise of rights
under this Lease; or (5) an act or omission on the part of Lessee, its officers,
employees, agents, or representatives or of Indemnitees, or any of them
pertaining to this Lease, regardless of whether the injury, damage, loss, violation,
exercise of rights, act, or omission is caused or is claimed to be caused by the
sole, contributing, or concurrent negligence of Indemnitees, or any of them, and
including all expenses of litigation, court costs, and attorneys' fees, which arise,
or are claimed to arise, out of or in connection with the asserted or recovered
incident. Lessee covenants and agrees that, if City is made a party to any
litigation against Lessee or in any litigation commenced by any party, other than
Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice
regarding commencement of litigation, at its own expense, investigate all claims
and demands, attend to their settlement or other disposition, defend City in all
actions based thereon with legal counsel satisfactory to City, and pay all charges
of attorneys and all other costs and expenses of any kind whatsoever arising
from any said liability, injury, damage, loss, demand, claim or action.
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Section 20. Alterations
A. Lessee shall not make any alterations, additions, or improvements to, in, on, or
about said Premises, without the prior written consent of Director. Lessee must
also obtain clearance from the Risk Manager as required by Section 18(F)
above.
B. All approved alterations, improvements, and additions made by the Lessee upon
said Premises, although at Lessee's own expense, shall, if not removed by
Lessee at any termination or cancellation hereof, become the property of City in
fee simple without any other action or process of law. Lessee agrees to be
contractually and financially responsible for repairing any and all damage caused
by the removal. If items are installed in such a manner as to become fixtures, the
fixtures shall not be removed by Lessee upon termination and shall become the
property of City.
Section 21. Signs.
A. Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements,
notices, flagpole, or other lettering ( "Signs ") at, on, or about the Premises, or any
part thereof, without Director's prior written approval.
B. City may require Lessee to remove, repaint, or repair any Signs allowed. If
Lessee does not remove, repaint, or repair the Signs within ten (10) days of
Director's written demand, City may do or cause the work to be done, and
Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice.
If payment is not timely made, City may terminate this Lease upon ten (10) days
written notice to Lessee. Alternatively, City may elect to terminate this Lease
after ten (10) days written notice to Lessee.
Section 22. Sublease and Assignment. Lessee shall have the right with prior written
consent of the Director to sublease to an organization one or more office spaces in the
property for the purpose of developing partnerships and providing youth educational
services. Lessee shall not, in whole or in part, assign or transfer directly or indirectly
this Lease unless prior written approval has been obtained from Director.
Section 23. Default.
A. The following constitute events of default under this Lease:
Failure to pay a lease payment or other payment required by this Lease;;
ii. Failure to pay utilities before the due date;
iii. Failure to perform scheduled maintenance;
iv. Abandonment of the Premises:
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v. Failure to maintain any insurance coverage required herein;
vi. Failure to timely pay City's invoice for the removal, repainting, or repair of
any Signs at the Premises; and
vii Failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Lease.
B. Upon the occurrence of any event of default, City may, at its option, in addition to
any other remedy or right given hereunder or by law;
Give notice to Lessee that this Lease terminates upon the date specified
in the notice, which date will be no earlier than five (5) days after the
giving of the notice; or
ii. Immediately or at any time after the occurrence of the event of default and
without notice or demand, or upon the date specified in a notice, if given,
or in any notice issued pursuant to law, enter upon the Premises or any
part thereof in the name of the whole and, upon the entry, this Lease
terminates
Section 24. No debts. Lessee shall not incur any debts or obligations on the credit of
Cky during the term of this Lease and including during any Holdover Period that may
occur.
Section 25. Notice.
A. All Notices, demands, requests, or replies provided for or permitted under this
Lease by either party must be in writing and must be delivered by on of the
following methods: (i) by personal delivery; (ii) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express
delivery service, for which service has been prepaid; (v) by fax transmission.
B. Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the
United States Postal Service. Notice by telegram or overnight express delivery
service will be deemed effective one (1) business day after transmission to the
telegraph company or overnight express carrier. Notice by fax transmission will
he deemed effective upon transmission with proof of delivery.
C. All the communications must only be made to the following:
IF TO CITY:
City of Corpus Christi
Attn: Director of Park and Recreation
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
C•,(Dovle.03 )6',PARK&REC Z7.Lease &Us eAo -eemt 200, 06 08 2 <DC 0CEIF r c 1 Yr Lease roc
IF TO LEESSEE:
Executive Director
Corpus Christi Education Foundation
P.O. Box 110
Corpus Christi, Texas 78403
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D. Either party may change the address to which notice is sent by using a method
set out above. Lessee shall notify City of an address change within ten (10)
days after the address is changed.
Section 26. Nondiscrimination. Lessee covenants and agrees that it shall not
discriminate nor permit discrimination against any person or group of persons, with
regard to employment and the provision of services at, on, or in the Premises, on the
grounds of race, religion, national origin, sex, age, disability, or in any manner prohibited
by the laws of the United States or the State of Texas. City hereby reserves the right to
take action as the United States may direct to enforce this covenant.
Section 27. Modifications. No changes or modifications to this Lease may be made,
nor any provisions waived, unless the change or modification is made in writing and
signed by persons authorized to sign agreements on behalf of each party.
Section 28. Waiver.
A. The failure of either party to complain of any act or omission on the part of the
other party, no matter how long the same may continue, shall not be deemed a
waiver by said party of any of its rights hereunder. No waiver of any covenant or
condition or of the breach of any covenant or condition of this Lease by either
party at any time, express or implied, shall be taken to constitute a waiver of any
subsequent breach of the covenant or condition and shall not justify or authorize
the nonobservance on any other occasion of the same or any other covenant or
condition hereof. If any action by the Lessee requires the consent or approval of
City on one occasion, any consent or approval given on said occasion shall not
be deemed a consent or approval of the same or any other action at any other
occasion
B. Any waiver or indulgence of Lessee's default of any provision of this Lease shall
not be considered an estoppel against City. It is expressly understood that, if at
any time Lessee is in default in any of its conditions or covenants hereunder, the
failure on the part of City to promptly avail itself of said rights and remedies
which City may have. shall not be considered a waiver on the part of City, but
City may at any time avail itself of said rights or remedies or elect to terminate
this Lease on account of said default. Any waiver by the parties of a breach of
any covenants, terms, obligations, or events of default shall not be construed to
be a waiver of any subsequent breach, nor shall the failure to require full
;ompliance with this Lease be construed as changing the terms of this Lease or
estopping the parties from enforcing the terms of this Lease.
Section 29. Force Majeure. No party to this Lease shall be liable for delays or failures
in performance due to any cause beyond its control including, without limitation, any
delay or failure in performance caused by strike, lock out, fire, act of God or the public
enemy common carrier severe inclement weather, riot or interference by civil or
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military authorities. These delays or failures to perform shall extend the period of
performance until these exigencies have been removed. The Lessee shall inform City
in writing of proof of the force majeure within three (3) business days or otherwise waive
this right as a defense.
Section 30. Surrender Lessee acknowledges and understands that City's agreement
to Lease the Premises to Lessee is expressly conditioned on the understanding that the
Premises must be surrendered, upon the expiration, termination, or cancellation of this
Lease. in as good a condition as received, reasonable use and wear, acts of God, fire
and flood damage or destruction where Lessee is without fault, excepted.
Suction 31. Enforcement Costs. In the event any legal action or proceeding is
undertaken by City to repossess the Premises, collect the Lease payment(s) due
hereunder, collect for any damages to the Premises, or to in any other way enforce the
provisions of this Lease. Lessee agrees to pay all court costs and expenses and the
sum that a court of competent jurisdiction may adjudge reasonable as attorneys' fees in
said action or proceeding, or, in the event of an appeal, as allowed by an appellate
court, if a judgment is rendered in favor of City,
Section 32. Publication Costs. Lessee shall pay for the cost of publishing the Lease
description and related ordinance, as required by City's Charter, in the legal section of
the local newspaper.
Section 33. Interpretation and Venue. This Lease shall 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.
Section 34. Survival of Terms. Termination or expiration of this Lease for any reason
shall not release either party from any liabilities or obligations set forth in this Lease that
(a) the parties have expressly agreed shall survive the termination or expiration; (b)
remain to be performed: or (c) by their nature would be intended to be applicable
following the termination or expiration.
Section 35. Acknowledgment and Construction of Ambiguities. The parties
expressly agree that each has independently read and understood this Lease. By
Lessee's execution of this Lease, Lessee agrees to be bound by the terms, covenants,
and conditions contained in this Lease. Furthermore, Lessee acknowledges and
understands that this Lease is not binding on City until properly authorized by the
Council and executed by City Manager or City Manager's designee. Any ambiguities in
this Lease shall not be construed against the drafter.
Section 36. Captions. The captions utilized in this Lease are for convenience only
and do not in any way limit or amplify the terms or provisions hereof.
Section 37. Severability.
A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase,
or word of this Lease or the application hereof to any person or circumstance is,
C-UDoy +e 0 ne PARK &REC ;" \Lease &lls.eAgreemt 200 +' -)6 082 1DC 7,CEdF _L- 1Yr Lease doe
Page 13 of 17
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 said term or provision to persons or circumstances
other than those as to which it is held illegal, invalid, or unenforceable, will not be
affected thereby. for it is the definite intent of the parties to this Lease that every
section, paragraph, subdivision, clause, provision, phrase, or word hereof 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 thereby, and in lieu of each illegal, invalid,
or unenforceable clause or provision, a clause or provision, as similar in terms to
the illegal, invalid, or unenforceable clause or provision as may be possible and
be legal, valid. and enforceable, will be added to this Lease automatically.
Section 38. Entirety Clause. This Lease and the incorporated and attached exhibits
constitute the entire agreement between City and Lessee for the purpose granted. All
other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, 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 Lessee's operations and the Premises to be used in the
operations.
EXECUTED IN DUPLICATE. each of which shall be considered an original, on the
day of , 2006.
ATTEST
Armando Chapa, City Secretary
VED 23 August 2006
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
George K. Noe, City Manager
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Page 14 of 17
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day of
2006, by George K. Noe, City Manager, or his designee
of City of Corpus Christi, a Texas home -rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
Printed Name
Commission Expires:
LESSEE: Corpus Christi Education Foundation
By:
Name: Larry Elizondo
Title: President
Date:
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day of
2006, by Larry Elizondo as the President of the Corpus Christi Education Foundation, a
Texas nonprofit corporation. on behalf of said corporation.
Notary Public, State of Texas
Printed Name
C�t!Doyle.03.06`.PARK&REC 2TLease&Us eAgreerrt120Griv06,0823DC CCEdFcJo.d -1Yr Lease doc
Page 15 of 17
EXHIBIT A
INSURANCE REQUIREMENTS
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance required
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 any subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of
Insurance, showing the following minimum coverage by an insurance
company(s) acceptable to the City's Risk Manager. The City must be named as
an additional insured on the General liability policy, and a blanket waiver of
subrogation is required on all applicable policies.
TYPE OF INSURANCE
30- written day notice of cancellation, material
change, non- renewal is required on all
certificates
Commercial General Liability including:
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Per occurrence aggregate
1 Commercial Form
2. Premises - Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
$500,000 COMBINED SINGLE LIMIT
LIQUOR LIABILITY COVERAGE 1 $1,000,000 COMBINED SINGLE LIMIT
If liquor being served
WORKERS' COMPENSATION
EMPLOYERS LIABILITY
Applicable when employs paid employees,
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
$500,000
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with
copies of all reports of any accidents within 10 days of the accident.
2006 Heritage Park iease agreemer ins req
8 -23 -06 ep Risk Mgrnt.
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II. ADDITIONAL REQUIREMENTS
A. Applicable when employing paid employees, Lessee must obtain workers'
compensation coverage through a licensed insurance company. The coverage
must be written on a policy and endorsements approved by the Texas
Department of Insurance. The workers' compensation coverage provided must
be in an amount sufficient to assure that all workers' compensation obligations
incurred by the Lessee will be promptly met.
B. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the
General Liability coverage and a blanket waiver of subrogation in favor of the City
is required on all applicable policies.
• 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 lieu of modification of the ACORD form, separate policy
endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations"
• At a minimum. a 30 -day written notice to the Risk Manager of cancellation,
material change, non - renewal or termination is required.
If the Certificate of Insurance on its face does not show 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.B.
(1) -(7) are included or excluded
2008 Heritage Park lease agreemen ins req.
8 -23 -06 ep Risk Mgrnt.
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{EMBED Imaging.Document}
DATE: August 23, 2006
TO: Tom Utter
Doyle Curtis, Assistant City Attorney
FROM: Evelyn Page, Risk Management
SUBJECT: Recommended insurance requirements for the 2006 Heritage Park
lease agreements
Aached please find the current insurance requirement exhibit for Heritage Park
Houses lease agreements.
Should you have any questions or concerns, please give me a call.
Attachment
C:1(Doyle 0 i 061PARK &REC <7ll ease&Us eAgreem +'+200,'.06.0823DC CCEdFour .d.1 Y, lease doc