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Home My WebLink About028265 ORD - 08/18/2009ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A THREE (3) YEAR TEMPORARY PARKING LEASE AGREEMENT OF 1.10 ACRES OF VACANT LAND FROM ST. JOHN BAPTIST CHURCH AT THE RATE OF $350 PER USE, PLUS $70 FOR MOWING IF NEEDED, FOR USE AS ACCESSORY PARKING NEEDED FOR THE PERIODIC AUCTIONS OF THE NEW VEHICLE IMPOUND LOT LOCATED AT GREENWOOD DRIVE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a temporary parking lease agreement to lease 1.10 acres of vacant land from St. John Baptist Church at the rate of $350 per use, plus $70 for mowing if needed, for accessory parking needed for periodic auctions held at the City's Vehicle Impound Facility located at Greenwood Drive near Holly Road, in Corpus Christi, Texas. SECTION 2. Upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 18th of August, 2009. ATTEST: Armando Chapa City Secretary APPRO ED AS TO FOR By: atitOdt, Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI A2 Joe Ade Mayor 028265 081809 ORD 3 yr temp parking lease - St. John Baptist Church Corpus Christi, Texas k'4& daof , 2009 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: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 4'q°;d1t Joe ame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 081809 ORD 3 yr temp parking lease - St. John Baptist Church DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division (St. John Baptist Church) TEMPORARY PARKING LEASE .AGREEMENT This Lease Agreement is entered into thi0`41.\ day of , 2009, by and between, the St. John Baptist Church, hereinafter referre to as the Lessor, and, the CITY OF CORPUS CHRISTI, (the "City"), a Texas home rule municipal corporation, by and through its Corpus Christi Police Department (the "Police Department") hereinafter referred to as the Lessee. WHEREAS, generally every other month Lessee holds certain impounded Vehicle Auctions in which certain vehicles are offered for sale at public auction at the City's Vehicle Impound Facility, located off of Greenwood Road, near the intersection of Greenwood Rd. and Holly Rd., in Corpus Christi, Texas; and WHEREAS, adjacent to the City's Vehicle Impound Facility is a vacant lot owned by Lessor, next to its main building facility, the St. John Baptist Church, located at 5445 Greenwood Road, Corpus Christi, Texas; and WHEREAS, Lessee desires to rent from Lessor more parking spaces to provide persons bidding on and/or buying vehicles to use during its Impounded Vehicle Auctions; and WHEREAS, Lessor desires to rent to Lessee part of its vacant lot for use as a parking lot on the first Saturday of every other month in connection with the Lessee's Impounded Vehicle Auctions; and WITNESSETH: Witnesseth that in consideration of the rental below specified and of the covenants hereinafter stipulated, the Lessor agrees to lease to the Lessee the following: A 1.10 acre (+/-) portion of Lessor's property further described as an unimproved field bounded by the City of Corpus Christi's 25.06 acres along the west boundary, Fiala Pit Road along the south boundary, and the improved portion of the St. John Baptist Church along the east boundary, and Lessor's 4.55 acres along the north boundary, in Corpus Christi, Nueces County, Texas, legally described as: Cedar Grove, Lot 8A, Blk 1 as shown on "Exhibit A" attached hereto and made • a part hereof for all purposes. ("Premises"). TERM: The term of this Lease is three (3) years, commencing on the t st day of July, 2009 and ending the 31st day of July, 2012. Upon expiration of the three year lease, the Lease shall be renewable on a year to year basis. Page 1 of 4 H;IHOME\NormaR\PROJEC7\Misc. Instruments\Temp Parking Lease St John Baptist Church.doe RENT: Rent is on a "per use" basis, due each month in which Lessee holds a Vehicle Auction and uses the Premises. The Premises will be used for one full day, every other month. The rent of $350 "per use" will be due, without demand or notice, on the fifteenth (15th) day of the month in which a Vehicle Auction is held. Lessee's first Vehicle Auction to be held under the Term of this Lease is scheduled for the second weekend of July, 2000: USE: The Premises shall be used as a parking lot to accommodate auction buyer's parking on the first Saturday of every other month in connection with the Lessee's impounded Vehicle Auctions and for no other purpose except with the prior written consent of the Lessor. if the first Saturday of the month falls on a holiday, then the auction will be postponed until the following Saturday. Lessee agrees place temporary barricades in order to prevent parking beyond the 1.10 acres shown in "Exhibit A" (Leased Property) on the day of each auction, Lessee agrees to prevent parking on Lessor's existing paved parking lot. Lessee agrees that no vehicles will be permitted to stay overnight on the Leased Property. Lessee agrees that 18 -Wheelers and heavy equipment will not be permitted to park on theteased Property ASSIGNMENT: The Lessee may not assign this Lease or sublet any portion of the said Premises without the written consent of the Lessor. MOWING AND GROUNDS MAINTENANCE: The Lessor agrees to mow the Premises on an every other month basis to coordinate with Lessee's auction. Lessor shall schedule mowing of the Premises 2 to 10 days prior to the auctions if the grass requires mowing. Lessee will include the amount of $70 to be added to each Rent payment for Lessee's pro -rata share of mowing. ALTERATIONS: The Lessee shall not make any alterations, additions, or structural changes to the Premises without the prior written consent and approval of the Lessor. Said alterations, additions, and structural changes, if approved,' shall remain a part of the Premises at the conclusion of the term of this Lease. Page 2 of 4 H:IHDME\NormaR\PROJECTIMisc. Instruments\Temp Parking Lease St John Baptist Church.doc 't INSURANCE: The City of Corpus Christi is a self insured public entity as allowed by the State of Texas for General Liability, Auto Liability, and Workers' Compensation as shown on the attached Exhibit "B". Ali personal property placed on the Premises shall be at the sole risk of the Lessee, and Lessor shall not be liable for any.damages to said personal property. DEFAULT REMEDIES: The Lessee hereby agrees that if a default shall be made in the payment of rent or if the Lessee shall violate any of the covenants of this Lease, then this Lease may be forfeited at Lessor's discretion if such default continues for a period of thirty (30) days after Lessor notifies said Lessee in writing at: Corpus Christi Police Department, Maintenance and Operations Manager 321 John Sartain, Corpus Christi Texas 78401 of such default and Lessor's intention to declare the Lease forfeited. Thereupon, unless the Lessee has completely removed or cured such default, this Lease shall cease and Lessor shall be entitled to immediately reenter and retake possession of the Premises. TERMINATION: The Lessor and Lessee may terminate this Lease Agreement by giving a six (6) month written notice to the other party, The Lessee agrees to deliver up said Premises upon the expiration date of said term or upon the expiration of the Lease, in good condition, as exists at the commencement of this Lease. AUTHORIZATION: It is understood that this Lease is not binding on the Lessee until properly authorized by the City Council and executed by the City Manager, or designee of the City of Corpus Christi, Texas. RELEASE AND HOLD HARMLESS: The City of Corpus Christi, its officers, employees, and representatives, hereby covenants and agrees to hold the St. John Baptist Church, its officers, employees and representatives harmless from any and all damage to property or persons, including, without limiting the foregoing, worker's compensation and death claims, arising from or alleged to have arisen from City's negligent performance of this Agreement. THIS LEASE 15 EXECUTED IN TRIPLICATE, EACH OF WHICH CONSTITUTES AN ORIGINAL Executed this day of , 2009. Page 3 of 4 ll:1HOML\NormaRNPROJJ3CT s4isc, Instruments\Temp Parking Lease St John Baptist Church.doc l,, LESSOR St. John Baptist Church By: Print: Title: cde4 1./.627 LESSEE CITY OF CORPUS CHRISTI, TEXAS `Angel R. Escobar, P.E. City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM, THIS By: DAY OF FOR THE CITY ATTORNEY Veronica Ocarlas, Assistant City Attorney CITY LEGAL DEPARTMENT Page 4 of 4 H:IHOMBNormaRIPROJECDMisc. Instruments\Temp Parking Lease St John Baptist Church.doc 2009. File : \ fproject\cauncilexh$hf#s \exh5249parce12.dwg , VICINITY MAP NOT TO SCALE VEHICLE IMPOUND FACILITY TEMPORARY PARKING LEASE EXHIBIT "Au CITY COUNCIL EXH181T CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 6-5--2009 - — r CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) 1, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action . Date: August 18, 2009 Agenda Item: (Caption as it should appear on the agenda) Ordinance authorizing the City Manager or his designee to execute a three (3) year Temporary Parking Lease Agreement of 1.10 acres of vacant land from St. John Baptist Church at the rate of $350 per use, plus $70 for mowing if needed, for use as accessory parking needed for the periodic auctions of the new Vehicle Impound Lot located at Greenwood Drive, and declaring an emergency. Amount Required: $ 2,940.00 Fund Name Fund No. Org. No. Account No. Project No. Amount General Fund 1020 11870 530160 $2,940.00 Total $2,940.00 Agreement requires no payment to TxDOT. Certification Not Required "NP. c.has Director of Financial Services Date: 9- - i 3— cp g