Loading...
HomeMy WebLinkAbout028914 ORD - 01/11/2011ORDINANCE AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR LEASE AGREEMENT (WITH THE OPTION FOR THREE FIVE YEAR RENEWALS) WITH BBC CAPITAL, LTD, FOR A 1.068 ACRE TRACT OF LAND AND A 0.20 ACRE TRACT OF LAND LOCATED AT THE NORTHERN END OF CORPUS CHRISTI BEACH; 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 five year Lease Agreement (with the option for three five year renewals) with BBC Capital, Ltd, for a 1.068 acre tract of land and a 0.20 acre tract of land located at the northern end of Corpus Christi Beach. 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 61St day after City Council adoption of this ordinance on second and final reading and will have a possible total term of 20 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. 028914 BBC Capital LeaseOrd 12022010.doc INDEXED That the foregoing ordinance was read for he first time and passed to its second reading on this the (`E --Le"- day of ,b4 (2,-7 2010, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal That thM2regoing the % day of Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong • dinance was read for the second time and passed finally on this IIPZ,diA_ta„ 2011, by the following vote: 1 John E. Marez Nelda Martinez Mark Scott Linda Strong ``4 PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: 2"d day of December, 2010: AaY of 9" RlJay eining First Assistant City Attorney For City Attorney Joe Ad me Mayor 028914 ,2011. 2 COMMERCIAL LAND LEASE THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT, is made and entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), and BBC Capital, Ltd., with its office and principal place of business at 19 Hewit Dr., Corpus Christi, Texas 78404, ("Lessee"). Section 1. Premises. a. In consideration of the rents in this Lease, City leases to Lessee Tract I, containing 1.068 acres of land more or less, and Tract II, containing .20 acres of land more or less, situated in Nueces County, Texas, as shown on the attached Exhibit A. b. This Lease is made subject to all valid oil, gas, and mineral leases; all pipeline transmission and other right-of-ways of record; all easements of record; and all restrictions and regulations set forth in the Corpus Christi Code of Ordinances affecting the property. c. Lessee assumes the sole responsibility for the entire cost and construction of any and all improvements that it requires for the Premises. Section 2. Permitted Uses. a. The Premises may only be used for the operation of a Recreational Vehicle (RV) or Travel Trailer park and for related activities normal and customary to the business. Lessee may not use or operate nor cause, suffer, or allow all or any part of the Premises to be used: (1) As a private residence or home site. (2) By a manufactured home. (3) Occupied as a primary residence. (4) As a manufactured home community. b. The Premises must be operated as a public accommodation at all times, without any limitation and no discrimination based on age, race, religion, color, sex, disability, national origin, or other unreasonable limitation or private membership requirement, at nondiscriminatory rates, which must be prominently posted on the campground. Lessee shall comply with all Federal, State, and local laws, rules, and regulations, including all applicable American Disability Act (ADA) requirements. c. RV's and Travel Trailers may not be permanently tied to, affixed, or anchored to the premises. Page 1 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 Exhibit A d. Lessee may not offer any tenant a manufactured community lease. Section 3. Term. The initial term of this License is five (5) years (the "Initial Term"), commencing on the 61st day after final City Council approval and retroactive to January 1, 2011 (the "Commencement Date") and ending December 31, 2015. Provided Lessee is not then in default under this Lease, the Lessee may request renewal of the term of this Lease for up to three (3) successive renewal terms of five (5) years by Lessee notifying City at least one hundred twenty (120) days prior to expiration of the current term of the Lease that Lessee is requesting renewal. Lease renewals are subject to City Council approval under the Charter of the City of Corpus Christi. The City may terminate this Lease without cause, at anytime, upon providing Lessee with 120 days written notice. Section 4. Payment. a. The monthly payments for the entire lease term shall be due and payable without demand or notice in equal monthly installments as shown in the table below, on the first (1st) day of each month of the term, of this Lease beginning on January 1, 2011. The monthly rental amount escalates four percent (4%) at the end of each five year term. Five Year Terms Monthly Rental Amount Annual Rent 01-01-2011 to 12-31-2015 $550.00 $ 6,600.00 01-01-2016 to 12-31-2020 $572.00 $ 6,864.00 01-01-2021 to 12-31-2025 $595.00 $7,140.00 01-01-2026 to 12-31-2030 $619.00 $7,428.00 $28,032.00 b. The rental payment must be made to City at the following address: City of Corpus Christi Accounts Receivable Division P.O. Box 9277 Corpus Christi, Texas 78469-9277 Or at the address as is agreed upon in writing between the parties hereto, as set out in Section 29 below. c. Lessee is "delinquent" or "in default" if the City has not received Lessee's rental payment on or before 5:00 p.m. on the 10th day of the month following the calendar month for which the rental obligation accrues. If the 10th day falls on a weekend or a holiday, payment may be tendered on the first business day thereafter. Any payment received after the deadline stated above will be assessed a Late Fee of six Page 2 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 percent (6%) of the monthly payment. Lessee's failure to pay the amount due or provide the amount due within five (5) days after the City so requests in writing is grounds to terminate this Lease. Section 5. Move -In Condition. Lessee has inspected the Leased Premises and accepts it in its present (as -is) condition, unless expressly noted otherwise in this Lease. City has made no express or implied warranties as to the physical or environmental condition of the Premises. Section 6. Move -out Condition. a. At the time the Lease ends, Lessee shall surrender the Premises in the same condition as when received. "Surrender" is defined as vacating the Leased Premises and returning all keys and access devices to the City. Lessee shall leave the Leased Premises in a clean condition free of all trash, debris, personal property, hazardous material, and environmental contaminants. b. If Lessee leaves any personal property in the Leased premises after Lessee surrenders possession of the Leased Premises, the City may (1) require Lessee, at Lessee's expense, to remove the personal property by providing written notice to Lessee; or (2) retain the personal property as forfeited property to the City. c. If the Lessee leaves any trash, debris, hazardous material, and environmental contaminants on the Leased Premises, the City may (1) require Lessee, at Lessee's expense, to remove the trash, debris, hazardous material, and environmental contaminants and remediate the site to the satisfaction of the City and any applicable regulatory agency by providing written notice to Lessee. d. By providing written notice to Lessee before this Lease ends, the City may require the Lessee, upon move -out and at Lessee's expense, to remove, without damage to the Leased Premises, any or all fixtures that were placed on the Leased Premises by or at the request of the Lessee. Any fixtures that the City does not require Lessee to remove become the property of the City and must be surrendered to City at the time the Lease ends. Section 7. Peaceful Enjoyment. Lessee may peacefully have, hold, and enjoy the Premises, subject to the other terms of this Lease and subject to Lessee paying the rentals in this lease recited and performing all of its covenants and agreements in this lease. Section 8. Financing. a. City recognizes that Lessee may borrow funds to construct structures or buildings, or for other purposes, secured by a first lien on security, which includes Lessee's interest in the structures and buildings and the leasehold estate for the Premises. The fee simple estate of City in the surface estate burdened by Lessee's leasehold estate may not be subject to any lien, and the lien instrument must contain the following language, or other similar language, approved by the City Attorney: Page 3of12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 "Lender agrees that the lien created by this instrument is effective only as to the Leasehold estate of , as Lessee, by and between the City of Corpus Christi, as Lessor, and as Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi." b. In the event of any foreclosure by any holder of a lien or liens on the structures of buildings and the leasehold estate in the Premises, the lienholder or other purchaser at foreclosure and its successors and assigns may succeed to all rights, privileges, and duties of Lessee, including without limitation the duty to pay rent. Section 9. No Debts. Lessee 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, which may occur. Section 10. Utilities. Lessee shall pay all costs of all gas, electricity, water, heat, or other utilities furnished to or used by Lessee on the Premises. Section 11. Improvements. a. Lessee shall provide on the Premises good roads, drainage, sanitary sewer system, restroom facilities, electrical system, potable water system, and individual campsites to fully utilize the Premises as permitted in Section 2 of this lease and as required by all other provisions of this Lease. b. All construction and repairs on the Premises must be done under Federal, State, and local codes, laws, and regulations. c. Any physical additions or other improvements made to the Premises by Lessee, will remain Lessee's property during the duration of the lease. If Lessee is not in default upon termination of lease or move -out, Lessee may remove any improvements. Section 12. Liens and Claims, Mechanic's and Materialman's. Lessee agrees not to permit any mechanic's, materialman's, or any other lien to become attached to the Premises, or any part or parcel of the Premises, or the improvements on the Premises, by reason of any work or labor performed any mechanic, materials furnished by any materialman, or for any other reason. Section 13. Special Permit Compliance. As a condition of this lease, the Premises and entire recreational vehicle park must be in compliance at all times with the Special Permit (SP) granted to a travel trailer park on a 2.83 acre tract of land located in Brooklyn Addition, Block 414, Lots 1, 3, and 5, and the Givens Tract, plus the street right-of-way of Timon Boulevard located on the north end of Corpus Christi Beach, west of Timon Parkway (railroad right-of-way, east of Page 4 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 Highway 181, north of Hull Street to Corpus Christi Bay, in the City of Corpus Christi, Nueces County, Texas, under Ordinance No. 9909, dated September 2, 1970, which is attached to this Lease as Exhibit B. Section 14. Maintenance and Repairs. a. Lessee shall clean, landscape, and maintain the Premises to preserve the natural terrain and growth. Lessee shall keep the Premises free from debris and refuse and must maintain the Premises in a clean and sanitary condition at all times. b. Lessee shall safely maintain the structures, buildings, and utility services and regulate their use and occupancy so that there is no hazard or danger to the persons or property on or at the Premises. Further, Lessee's use and occupancy of the structures and buildings must comply with all applicable federal, state, and local laws, rules, and regulations. If Lessee's construction, use, or maintenance of any structures or building causes any damage to the Premises, Lessee shall repair or replace the structure or building to the equivalent improvement existing prior to the damage. At lease termination and move -out, Lessee shall deliver the Premises in good order and condition. Upon termination, City has the right to reenter and resume possession of the Premises. Section 15. Inspection. a. City personnel may at all reasonable times enter upon the Premises and any building or structure on the Premises, for purposes of inspection, repair, fire, or police action, and enforcement of this Lease. Section 16. Sanitation. Lessee shall store garbage and trash in designated areas within the Premises, and must use dumpster type containers as the larger collection facilities. The containers must be housed in a small building, screened, or at appropriately landscaped area(s), at Lessee's expense. The garbage container area must be landscaped and maintained by Lessee. Lessee shall obtain garbage pickup to keep Premises free from odor and pests. Nothing may be stored outside either the dumpster itself or the dumpster housing. Section 17. Signs and Lighting. Exterior signs and lighting must meet acceptable architectural standards and be in compliance with applicable building code and zoning ordinance requirements. Section 18. Hurricane Preparedness. If the Corpus Christi area is threatened by a hurricane or some other emergency situation, Lessee shall comply with directives of the City Manager or his designee under the City's Hurricane Preparedness Plan. Page 5 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 Section 19. Non-discrimination. Lessee warrants that it is and will continue to be an equal opportunity employer and covenants that no employee or customer will be discriminated against because of race, religion, sex, age, disability, creed, color, or national origin. Violation of this provision is grounds for the City to immediately terminate this Lease. Lessee shall provide all services and activities required to comply with the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336. Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 22. Legal Use. Lessee may not occupy or use, or permit any portion of the Premises to be occupied or used, for any business or purpose that is unlawful, deemed to be disreputable, a nuisance, or hazardous. Section 23. Assignment or Sub -Lease. a. Lessee may not, assign this Lease either in whole or in part. Any attempted assignment without the prior written consent of the City renders this Lease null and void. b. Under the City Charter of the City of Corpus Christi, and specifically Article IX of the City Charter, any assignment of this Lease requires prior approval by ordinance of the City Council. In the event that Lessee obtains approval to assign this Lease, and in the event this Lease is assigned under the Council's authority, then each provision, term, covenant, obligation, and condition required to be performed by Lessee will be binding upon any assignee, and is partial consideration for City's consent to the assignment. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this Lease renders this Lease null and void. Assignee may enter into this Lease for the remainder of the term and amend the payment term to agree to pay the City a monthly "good faith" lease payment of Ten Dollars ($10). Section 24. Default. a. Default of Lessee. If Lessee fails to pay the rental due under this Lease, or defaults in performing any other term, covenant, or condition of this Lease, the City may after fifteen (15) days written notice to Lessee declare this Lease terminated, and City staff may immediately reenter the Premises and remove all persons without legal process and without prejudice to any of its other legal rights, and Lessee expressly waives (1) all claims for damages by reason of the reentry and (2) all claims for damages due to any distress warrants or proceedings of sequestration to recover the rent or possession of the Premises from Lessee. The City may not declare this Lease terminated if, within fifteen (15) days after notice of any default, Lessee fully cures the default Page 6 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 b. Default of City. If City defaults in the performance of any covenant or agreement in this lease contained, which continues for 30 days after Lessee's written notice to the City Manager, as set out below, then Lessee owes no rent for so long as the default continues after the expiration of the thirty (30) days notice. Lessee may declare the Lease ended and may vacate the Premises and owe no further rent and have no further obligations under this Lease, or Lessee may pay any sum necessary to perform any of City's Lease obligations and deduct the cost of same, with 5% interest, from the rents due under the Lease. City's performance of each and every agreement in this lease is a condition precedent to City's right to collect rent or to enforce this Lease against Lessee. c. A waiver by either Party of any breach or breaches of any of the provisions of this Lease is not deemed a continuing breach as long as the default continues. d. If correction of any default reasonably requires a period exceeding thirty (30) days, the non -defaulting Party will grant a reasonable extension. Section 25. Enforcement Costs and Attorney's Fees. a. In the event any legal action or proceeding is under taken by the City to repossess the Leased Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Leased 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 as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in the action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. b. In the event Lessee defaults in the performance of any of the terms, covenants, agreements, or conditions contained in this Lease, and City places the enforcement of this Lease or any part of this Lease, or the collection of any rent due or to become due under this Lease or recovery of the possession of the demised premises, in the hands of an attorney, or files suit upon the Lessee, Lessee agrees to pay City reasonable attorney's. Section 26. Waiver. Any failure of City to declare any default immediately upon occurrence the default or any delay in taking any action in connection with a default may not waive the default, but City has the right to declare any the default at any time and take the action as might be lawful or authorized under this Lease either at law or in equity. Section 27. Bankruptcy. If voluntary bankruptcy proceedings are initiated by anyone else to adjudge Lessee as bankrupt, or if execution is issued against it, or if the interest of Lessee in this contract passes by operation of law to any person other than the City, this Lease may, at the option of the City, be terminated by notice addressed to Lessee at the Premises and posted in the United States mail. Page 7 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 Section 28. Abandonment. If the Premises are abandoned or vacated by Lessee, City may Lease the premises again for the remainder of the period covered hereby, and if the rent received through the subletting is not at Lease equal to the guaranteed rent provided for under this Lease, Lessee shall pay and satisfy any deficiencies between amount of the rent called for and that received through subletting. Section 29. Notice and Addresses. a. All notices, demands, requests, or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal deliver; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram; or (4) by deposit with an overnight express delivery service at: If to City: City of Corpus Christi Attn: Director of Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 If to Lessee: B.B.C. Capital, Ltd. Attn: 900 Frost Bank Plaza 802 N. Carancahua Corpus Christi, Texas 78470 b. Notice deposited with the United States Postal Service in the manner described above is deemed effective on the third day after deposit. c. Notice by telegram or overnight express delivery service is deemed effective one business day after transmission to the telegraph company or overnight express carrier. d. Either party may change the address to which notice is sent by using a method set out in subsection c of this section. Lessee may notify the City of an address change within ten (10) days after the address is changed. Section 30. Modifications. No changes or modifications to the Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. Section 31. Insurance. a. Lessee shall provide, prior to execution of the Lease, a Commercial General Liability Policy in the amounts and types of coverage shown on the Insurance Requirements, attached and incorporated as Exhibit "C". Lessee's insurance company must provide the City certificate of insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which shows the level and type of insurance. Lessee's insurance company must also provide the City 30 days notice, by certified mail, prior to cancellation, non -renewal, or material change in the insurance policy. All notices must be sent to the City at the address stipulated in Section 29. Page 8 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 b. The City's Risk Manager will annually assess the level and types of insurance required by the Lease. The Risk Manager can increase or decrease the level or types of insurance by giving Lessee notice not less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has 30 days to procure the changed insurance limits and provide written proof of insurance to the City. Section 32. Indemnity. a. Lessee covenants to indemnify and hold harmless City, its officers, employees, or agents ("Indemnitee") from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against City on account of injury or damage to person(s) or property to the extent any the damage or injury may be incident to, arise out of, or alleged to arise out of, or be caused, or alleged to be caused by, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, sublessees, or invitees entering upon the Premises or the structures under this Lease with the expressed or implied invitation or permission of Lessee (collectively "Lessee's Invitee") or when any injury or damage is the result, proximate or remote, of the violation by Lessee, or Lessee's Invitee of any law, ordinance, or governmental order of any kind, or when any injury or damage may in any other way arise from or out of the structures located on the Premises in this lease or out of the use or occupancy of the structures on the Premises or the Premises itself by Lessee, or Lessee's Invitee. This indemnity specifically includes claims and demands made by Lessee's own employees, representatives, and agents. b. Lessee covenants and agrees that in the event the 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 defend City and Indemnitees with counsel satisfactory to City. Section 33. Taxes and Fees. a. Lessee shall pay for all taxes, licenses, and fees required to operate and maintain its various facilities on the Leased Premises. Further, Lessee shall pay all taxes, which may be due or assessed the Leased Premises because of the Lessee's use of the Leased Premises. b. Lessee covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Page 9 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 c. Lessee shall timely pay all ad valorem, personal property, and other taxes, if any, which have been or may be levied, assessed, or otherwise imposed on Lessee's Premises during this Lease. Lessee must provide proof of payment of these taxes within 30 days after City Manager's written request. Section 34. Interpretation. a. This Lease must be interpreted under the Texas laws, which govern the interpretation of contracts. Venue lies in Nueces County, where this Lease was entered into and will be performed. b. The headings contained in this lease are for convenience and reference only and are not intended to define or limit the scope of any provision. Section 35. Force Majeure. No party to this Lease is liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots, or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waives this right as a defense. Section 36. 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. Section 37. Entire Agreement. This Lease and the exhibits incorporated and attached constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises, and representations with respect to this Lease, unless contained in this Lease, are expressly revoked, as it is the parties' intent to provide for a complete understanding within the provisions of the document, and the exhibits incorporated and attached to this Lease, the terms, conditions, promises, and covenants relating to Lessee's commercial operations and the Premises to be used in the conduct of the operations. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provision unenforceable, invalid, or illegal. Section 38. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the 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 may not be, nor be construed to be, the employees or agents of the other party for any purpose. Page 10 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 Section 39. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 40. Publication Costs. Lessee shall publish and 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. Section 41. Acknowledgment. The parties expressly agree that they have each independently read and understood this Lease. By Lessee's execution of this Lease, Lessee 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 ORIGINALS this day of , 2010, by the authorized representatives of the parties. LESSEE BBC CAPITAL, Ltd. By: Print: Title: On behalf of BBC CAPITAL MANAGEMENT, L.L.C., its General Partner STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by , as , of BBC Capital Management, L.L.C., a Texas limited liability company, as General Partner of BBC Capital, Ltd., a Texas limited liability partnership, on behalf of the limited liability partnership. Notary Public, State of Texas Page 11 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 LESSOR ATTEST CITY OF CORPUS CHRISTI, TEXAS Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: By: Angel R. Escobar, P.E. City Manager R. Jay Reining First Assistant City Attorney For City Attorney , 2010. STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010 by Angel R. Escobar, City Manager, City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 12 of 12 BBC CAPITAL LTD COMMERCIAL LAND LEASE -- 09292010 Net M• ra sat awn bblta sxh9OD16,dw NUECES BAY PROJECT LOCATION CORPUS CHRISTI 9AY LOCATION MAP NOT TiO SCALE I 010ACRES 46* CITY PROJECT No. 90015 1 UN ACRES 0 ticktot VICINITY MAP EXHI Nor 10 SCALE COMMERCIAL LAND LEASE TRACTS r & Il NORTH BEACH, CORPUS CHRIST, TX CORPUS CHRISTI• BAY CIT COUNCIL EXHIBIT obalg OrRktin�EHHtxt [ siiktas PAGE: 1 of 1 DATE 10/02 2000 I • . 4 • . •S. AN ORDINANCE MEND' ND THE mom ORDINANCE OF THE CITY O2PUS CHRISTI ADOPTED ON THE E TH DAY Or AUGUST; 193V APPEARI NG OF RECORD IN LUIC 9, PAGES g65js• Q, Or THE ORDI NANCE AND IiESOWTION RECORDS, AS MINDED FROM TIME TO TIME AND PARTI CULARLY AS MENDED BY ORDINANCE ND, 6106, AS ANENDC,D, UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY GRANT' NG A SPECIAL COUNCIL PERM T FOR OPERATION OF A TRAVEL TIM LER PARK ON A 2.„ACRE TRACT OF LAND LOCATED 1NOC AO 11. IMO 414 LOTS 1 AND AND TR VE S TH4N SOU V LOCATEL ON r, • • t tr• • t OF T1MON PARKWAY (RAILROAD RIGHT Or %(AY), EAST OF HIGHWAY 1$I, NORTH OF HULL STREET TO CORPUS CHRISTI SAY, IN THE CITY OF CORPUS CHRISTI, NUECC5 COUNTY, TEXAS, IN COWLIANCE WITII THE CONDITIONS LISTED I THE ANNEXED CR11)I IT "A", AND AS LURE FUU.Y DESCRWED .ON THE APPROVED SI 1E PLAN, ATTACHED HERETO AND WIPE A PART HEREOF; KEEP. ING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI- NANCE AS ANENDCO; REPEALING ALL ORDINANCES 114 CONFLICT HEREWI TH; AND CL ARING AN EMERGENCY. • WHEREAS, THE IDNINR AND PLANNING COMMISSION HAS .FORWARDED To THt CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICATION OF THE CITY Or CORNS CHRISTI FOR AMENDMENT TO THE ZONIN4 MAP Or THE CITY or CORPUS CIRisti; AND WHEREAS, PUOLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS WISHING TO APPEAR AND Be HEARD VCR HEAD, TD CONSIDER THC OAHE BEFORE THE CITY COUNCIL. or THE CITY or CORPU!I CHRISTI' IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAYING HELIN HELD ON JULY 22, 1970,..AT REGULAR COUNCIL. METING Or THE CITY COUNCIL. IN THE COUNCIL CHAMBER AT Cit HALL IN THY CITY or CORPUS CHNIRTM; AHO WHEREAS' DY MOTION DULY MADE, MOWED AND CARRIED, IT WA8 DECIDED DT THE CITY COUNCIL, THAT TO APPROVE THE HEREINAFTER en' roma AMENDMENT WOULD et•s"«i W3V4.16Is f.aFg:tris, HMS* Ty A.YL' cW1'.'SttiY::.tiVA. roc ppleR.tL ICU%tRG or TME COTT OF CORPUS CHRISTI AND ITS CITIZENS' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Or THE C1TY Or CORPUS CHRISTI, TEItAS1 SECTION 1. THAT THE CONING ORDINANCE or THE CITY or CORPUS NNW!, TEXAS, PARSED ON THE 27TH DAY Or AUGUST' 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET 8L0, Or THE ORDINANCE AND RESOLUTION RECORDS, As WENDED FROM W 909 EX141B1T B TIHE TO TINE, AND IN PARTICULAR A5 AMENDED BY ORDINANCE No. 6106, AS AMENDED, SE AND THE SANE 1S HERESY AMENDED BY MARINO INC CHANGE HEREINAFTER GET OUT. SECTION 2. THAT A SPECIAL COUNCIL PCRHIT bC GRANTED FOR OPERATION OF A TRAVEL TRAILER PARR ON A $.83 -ACRE TRACT Or LAND LOCATED IN BROOKLYN ADDITION, BLOCK 414, LOTS 1, 3 AND 5, AND THE GIVEHA TRACT, OLDS THE sTRECT RIGHT OF WAY OF T1W0N BOULEVARD, LOCATED ON THE NORTH CND Or CORPUS CHRISTI S1EACH, WEST or TINON PARKWAY (RAILROAD RIGHT or WAY), EASY or HIGHWAY 181, NORTH or DULL STREET TO CORPUS CHRIIITI BAY, IH THE CITY Or CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE SITE PLAN, APPROVED ay THE PLANNING COMMON, A COPY OF WHICH SITE FLAN 1S ATTACHED HERETO AND RACE A PART HEREOF, SUBJECT TO ALL OTKER REQUIREMENTS OF "S.4411 DISTRICT. THE SPEC;AL COUNCIL PERMIT HEREIN GRANTED SHALL DC CONDITIONED ON THE FULL AND CONTINUOUS COMPLIANCE BY THE PERMITTEE WIYH ALL TERMS AND CONDI- TIONS AS TO CONSTRUCTION' USE ANO OPERATION OF THE TRAVEL TRAILER PARK DETAILED IN EXHIDIT "A°t A COPY,GF WHICH 1R ANNEXED HERETO AND BY THIS REFERENCE 1HCGIu'ORArttf HEREIN AND MADE A PART HCRCOF FOR ALL PURPOSES. IN THE CVCNT THE BOARD OP ADJUSTMENT GRANTS, ORDERS OR PERM'S ANY USE, CHANGE, ALTERATION, IMPROVEMENT, VARIANCE OR SPECIAL EXCEPTION AS TO THE SUBJECT PRO. PUTT, THIN SPECIAL PERMIT SHALL THEREUPON BECOME NULL AND VOID ANO OF NO rORCC AND trim' %IAMBI/EVEN. THC $*'I. lAL PERMIT MRAUTCO HEREIN NAY AR CANCELLED BY ORDER 0R ORDINANCE Or THE CITY COUNCIL crrtcrIYC AFTER 30 DAYS FROH•THE DATE OF PUBLICATION OF SUCH ORbCR OR ORDINANCE. SECTION 3. THAT INC QEFJe<II}4";,Off)H4 HAP Or THC CITY OF CORPUS CHRISTI, TEXAS, Bt, AHD THE SAME 13 HERESY AMENDED AS HEREIN.0110A1NEO, spGTIt1Pi fit. TMAY rim Zrrrt-0k'I.r!m,'ti 9erx jtk*' - ,r 0474 ar CHRISTI, 7CSA$, APPROVED ON THE 27TH DAT Or AUGUST, 1937, AS AMENDED FROM TIHE TO TING, EXCEPT AS HEREIN CHANGED, SMALL REMAIN 11I FULL FORCE ANO trrCZT. SECTION 5. THAT ALL ORDINANCE DR PARTS or ORDINANCES IN CONPIICY HEREWITH ARE HEREBY EXPRESSLY REPEALED. 5CCTION 6. THAT THE NECESSITY OF IMMYDIATLLY MAKING AFORGBAIC CHANOr FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY or CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN (MMERA'CIYE PUD41U NECESSITY REWIRING THE aUSPENBION Or THE CHARTER RvI.6 THAT ND ORINNAtICE OR RESOLUTION SHAM. et most* ?INAL1.Y ON THE DATE or 1TIO INTRDOUCTIDN ANb THAT SUCH ORDIIIANCE OR RESOLUTION 8NM.L SC READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAYING DECLARED THAT BUSH EMERGENCY AND NECESSITY EXIST, AND HAV(NO REQUESTED THE SuSrENOION Cr THE CHARTER RULE AHD THAT THIO ORDINANCE SE PASSED FINALLY ON THE DATE or ITS INTRODUCTION AND TAKE ETrECY AND DE IN rIILI. FOIICE M1p (rrrcl !ROM AND AYItII Ira PAS' a>:, 11. 18 ACCORDINGLY SO OROAINCO, THIS THE 01P101,4i.DAT or 1910. IRE CITY OF CORPUS CHRISTI, TEXAS EXHIBIT 6 V, EXHIBI T THE FOLLOWING ARE THE SPECIAL PERMIT CONDITIONSI 1. THAT THE ARCA at LIMITED TO MOBILE CAMPERS OR TRAVEL TRAILeks WHICH ARE DESIGNED AS A VEHICULAR AUTaMOSILC STRUCTURE BUILT' ON A EHA3ZIIs OA A CAMPER FOLDING STRUCTURE I0UIIYED ON MEI.5. GOTH DCSIONEO TO BE Hato A! TEMPORARY DWELLINGS FCR TRAVEL RECREATION ANO CAMPING USE. B0 N SUCH TYPCs HAY BE 0CPt4DENT OR INDEPENDENT TRAILERS WHICH MAY R£OULNC SUCH SERVICES AS HUILDINOM TOR 7014ET14 SHOWING 0R UATHINOp AND LAVATORY FACLLITIE3. 2. ACCESS TO THE MOBILE CAMPER OR TPAvEL rH:•IL;II PARK SHALL BE FROM AN ARTERIAL HIGHWAY OR SECONDARY THOROUGHFARE. THC NURSER AND LOCATION OF ACCESS DRIVES SMALL SE CONTROLLED ran SAFETY AND PRUTCCYION OF PERSONAL PROPERTY. N0 NOOILI; CAMPER OR TRAVEL TRAILER SPACES SHALL 0K DESIGNED roR DIRECT ACCESS TO A tram OUTSIDE THE PRCMIats OF THE MOOR.[ CAMPER OR TRAVEL TRAILER PARK. INTERIOR ACCCS8 DRIVES SHALL RE AT LEAST Pu FEET IN WIDTH, SURFACED, AND MAINTAINED IN A SMOOTH HARD AND DENSE SURFACE WHICH SHALL OE WELL DRAINED. 3. THEIN: IJHALL DE 110 MINIMUM LOT AREA r00 A MOBILE CAMPER OR TRAVEL TRAILER SPACE IN A IIOTIILC CAMPER OR TRAVEL TRAILER PARK EXCEPT 'THAT MOBILE CAMPERS 3HAL1. RC 00 HAMMED ON CALK SPACE THAT THERE SHALL OE AT I.tAOT A 10-roOT UNODSTRUCV.:O CLEARANCE MUM MOBILE CAMPERS PRDVIOCD4 HOWtvCR, THAT HO PART' OF A MOBIL.: CAMPER 0R TRAVEL TRAILER SHALL 120 LOCATED CLOSER THAN 20 FRET TO ANN OUII.OINO WITHIN THE SPANK NOR CLOSER THAN 5 f£ET TO ANY ACCESS DR}VET NOB 25 -FEET TO ANY ABUTTING PUBLIC STREET OR HIGHWAY. 'THERE *HALL DC NO MORE•THAN 25 HO:TILE CAMPERS OR TRAVEL TRAILER SPACES PER ACRE Or GROSS SITE ARCA. 4. EACH MOBILE CAMPER OR TRAVRL TRAILER SPACE SHALL PROVIDE SUFFICIENT PARKING AND MANEUVERABILITY SPACE SO THE PARKING, LOADING OR �uft`:'r7Eit1.'JO nF TRr.ILEY15 INCIDENTAL TO PARKING SHALL HOT NECESSITATE THE vet OF ANY PUBLIC STREET, SIDEWALK OR RIGHT-OF-WAY OR ANY PRIVATE GROUNDS NOT PART OF THE MOBILES CAMPER OR TRAVEL TRAILER PARK. 5. IN A1.1. NO01LE CAMPERS OR TRAVEL TRAILER PARKS THERE SHALL SE AT IrAST ONE RECREATION AREA WHICH SHALL OE ACCESSIBLE FROM ALL SPACES. Timm SITE OR 317E3 Or ma; RECREATION ARCA OR ARCA! SHALL TOTAL HOT LESS THAN' C14HT PERCENT Or THE GROSS SITE ARCA 011 2,500.30ARc FEET, WHICHEVER Is GREATEST. 6, OUTSIDE LIOHTIND SHALL. DE ERUCTED IN SUCH A MANNER THAT IT NOT OE DETRIMENTAL TO OR PROJECT ONTO ADJACENT PROPERTIES AH0 ANY OUTOGOR ADVERTISING SHALL 04 RESTRICTED BV THE TORINO DISTRICT IN WHICH rot PARI: Is SITUATED. 7. AN ACCESS/BLE, ADEOUATC, SAFE, AND POTABLE SUPPLY OF HATER :MALL Bt.tROYO0D /V EAty MILE CAMPER OR TRAVEL TRAILER PARK. WHERE A PUSL IC SUPPLY OF WATCH OF SAT I H1ACTORV CUANT I TY, OVAL 1 T'l, A111i :14R41:t 1 AVAILABLE, CONNECTION SHALL BE MADE THERETO, AND ITS SUPPLY USED EXCLUSIVELY AND SHALL MEET ALL 5TAIOARDS Or TME CITY Or CORPUS CHRISTI PLUMDING ORDINANCE. EACH MOBILE CAMPER IR TRAVEL TRAILER PARK SHALL SE PROVIDED WITH ORO HONE EASILY ACCESSIBLE IPWTCR SUPPLY OUTLETS FOR FILLING TRAILER.WATER MUCK TASKS. RICH WATER SUPPLY OUTLETS SHALL CONSIST OF AT LEAST A WATER HYDRANT AND THE NECESSARY APPUR?ENANCE3. ` 8. A CENt31AL S01VICE, BUILBINO CONTAINING THE NECESSARY TOILET' AHD OTHER PLVMO I NO I' I KTURE$ 0000 I r 1 (D GHALL DE PROVIDED 1 N golf i i.£ CAI1p&R OR TRAVEL TRAILER PARKING AREAS WHICH PROVIDE PARKING 5PACt3 FOR DEPENDENT XHl!"'°"'� TRAILERS. SERVICE OSUII.DINAS SHALL SL CONVENIENTLY LOCATED WITHIN A RAD tua Or .Pi•ROKIMATCLY 300 FCKT TO THE SPACES TO AC SERVED. Ho, Nr PANNING' TOILETS URINALS I.AYATORfI:s SHOWERS OTHER SI}AC ES MCN WOMEN MEN M M WON •N M N W • _ f XTU ES •• ' 1 i mom1 E SSERVICE I.R WITH ....3}r A rLUSH IN* �c7>�� K km :. l FSR MARINA AREAS RAVING NOME THAN 100 TRAVEL TRAILER APACES THERE SHAG' r PROVIDEDI 1 ADDITIONAL TOILET AND LAVATORY ?OR EACH SEK PER CAEH AODI•- TI01.,•. 30'TRAILER SPACES; 1 ADDITIONAL SHOWER rag CACI} SEK PER EACH ADDITIONAL 40 1%,/LER SPACES.AND 1 ADDITIONAL NEHIS URINAL PER EACH ADDITIONAL 100 TRAILER SPALL' S. ALL ROOMS CONTAINING SANITARY OR LAUNDRY FACILITIES SMALLS A) HAYZ SOUND RESISTANT WALLS twTCNDINO TO THC CEILING BETWEEN MALE AND FVNALC SANITARY FACILITIES? WALLA AND PARTITIONS AROUND SHOWERS* DATHTUOS* LAVATORIES AND OTHER PLUMRINII KIXYURES SHALL OE CONSYRUCTCD or DENSE* NON.AISSORDENT* WATIR PACO MATERIAL OR COVERED WITH MOISTURE RESISTANT MATERIAL; o) HAVE AT LEAST RNC WINOOW OR SKYLIGHT FACING DIRECTLY TO THE OUTDOORS. THE MINIMUM AOOREOATC GROSS ARIA OF WINDOWS FOR CACH REQUIRED ROOM SHALL DE NOT LESS THAN 10 PERCENT OF rLOOR ARIA SERVED DY THEM; C) HAVE AT LEAST ONE WINDOW WHICH CAN DE EASILY OPENED OR A MECHANICAL DEVICE WHICH WILL ADEQUATELY VENTILATE THE ROOM. 'I`OILM SHALL DE 1.7CATCD IN SEPARATE COMPARTMENTS EIIIIIKPCD WITH iLl} :LOSING DOORS. THE GROWER STALLA'SHALL DE Or IN11IVtDUAL IYPE. THE ROMs SHAL.I. OE SCREENED TO PREVENT DIRECT VIEW OP THE INTERIOR WHEN THE EXTERIOR DUu... A1tE OPEN. HOT AND COLS WAVER SHALL BE FURNISHED TO waERY LAVATORY* SIHX* BATH- ' TU0 ,HAVER AND LAUNDRY FIXTURE* AND COLD WATER SHALL AC FURNISHED TO EVERY MAT) . :LOSCT AND URINAL. • A SANITARY STATION SHALL SE PROVTDEO CONSISTING Or AT LEAST A yitme.q91 4. SEWER RISER PIPE* CONNECTED TO THt NOSILY CAMPER OR TRAVEL TRAILER PAR'i 0111A 3EWIRAOE SVSTEMI SURROUNDED AT THE INLET ENO DY A CONCRETE APRON ALuPFU TO THE DRAIN* AND PROVIDED WITH A SUITABLE HINGE COVER;.AND A NATER OUTI,.:* WITH THE NECC$SARY APPURTENANCES* CONNECTED TO THE PARK AREAS WATER U1,jSyTrCM YO PERMIT PERIODIC WASHDOWN or INC IMMEDIATE A0 ACCNT ARBA$. EACI.010 S.{, 1Le.u�{�,A'7MAIDAYEL rAlo;FT MADS J LS. RV PR.fOVIDED WITH A MINIMUM SAN' sof STATION IN THE RATIO or AT LEAST ONE rOR VERY 1Ch1 %OILER. trAFEB OR t. '1AITIONAL FART THCRCOP. SUCH SANITARY STATIONS SHALL NE SCREENto FROM 111 Mr- ti+:TIVITIES 01 VISUAL SARRICRS SUCH AS PEACES* WALLS* OR NATURAL sRONTH AND •LL OE'SCPARATED rROH ANY TRAILER SPACE 1Y A DISTANCE OF AT LEAST 50 FEET.. . .M 9. WHEN AH ELECTRICAL WIRING SYSTEMA 111 PROVIDED* IT SHALL'COHs1ST Of OWED FIXTURES* MIFFED AND APPURTENANCES* WHICH SHALL.SC INSTALLED AND ' .'ITAINED IN ACCORDANCE WITH YHE ELECTRICAL CODE AND RCDULATIONC OOVERN- 1 Na • :11 MUNI. • 10, STORAGE* COLLECTION AND DISPOSAL Or REFUSE IN TRC MOBILE CAI.*•1 OR TRAVEL TRAILER PARK ARCA SHALL St SO CONDUCTED AS TO CREATE NO HEALTH HAZARDS, RODENT HAMooRAOE, INSECT *REMIND *Ruth ACCIDENT OR FIRE ei3ZARDS, OR AIR POLLUTION. ALL REFUSE SHALL DE STORED iN F1,YTIOHT, WATER.. WHO AHD RODENT PROOF COHTAINCRS$ WHICH SHALL'RE LOCATED NOT MORE THAN 150 FEET FROM ANY TRAILER SPACE. 11. THE MODILE CAMPER OR TRAVEL TRAILER PARK ARCA SHALL DC SUBJECT 1'O THE RULES AND REGULATIONS OF THE CORPUS CHRISTI I'IRC PREVENTION AUTHORITY. 1R. T14t PERSON TO WHOM THIS SPECIAL PERMIT Is iSsUEb SHALL AT ALI. TIRES OPERATE THE MOBILE CAMPER OR TRAVEL TRAILER PARK IN COMPLIANCE WITH THIS ORDINANCE AND SHALL PROVIOE ADEQUATE SUPERVISION TO MAINTAIN THE MOBILE C4MPER AND TRAVEL TRAILER I'AnI AREA, ITS FACILITIES, AND KEEP EOUIPMENT IN r4012 REPAIR AND IN A CLEAN AND SANITARY CONDITION AT ALL TINES. 13, tVCRY OWNER OR OPERATOR OF A MOOILE CAMPER OR TRAVEL TRAILER PAnN AREA SHALL MAINTAIN A REGISTER CONTAINING A RECORD OF ALL TRAILERS AND OCCUPANTS. SUCH REt11'STER SHALL BE AVAILABLE TO ANY AUTHORIZED PERSON IN" 6PEETINO THE MOBILE CAMPER OR TRAVEL TRAILER PARK ARCA AND SHALL SE PRESERVED von A PERIOD OF THREE YEARS. &ICH REGISTER SHALL CONTAIN (A) THE NAMER AND t EIINANENT ADDRESSES OF ALL TRAII.CR OCCUPANTS] (B) THE MARC' ROOCM. AND LIGCHSI; .,Jh10ER or THE TRAILER AND TOW VEHICLEI AND (C) THE DATES or ARRIVAL AND DEPARTURE OF A TRAILER OR ITS GCCUPANTO. ti EXPIPIT Corpus Christie Tg as et,_5145, of To vie IaNneRS oy.THE CITY CODNCX1 Corpus Christi;, Texas for the reasons sat forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for tho suspen- sion of the Charter rule or requirement that no ordinaneo or resolution shelf, bb passed finally en the date it is introduced, and that such ordinance or resolution shall be read at throe meetings of the City Connell; X, therefore, request that you suspend sad Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present mooting of the city Council. rlOp1'r, . Respectfully, 19 OR THE CIT![ OF CORPUS CHRISTI, TEXAS w The Charter rule WA* susponded by the following vote: Jack R. Rlnekmon Ciba Lome, Sr. Y. A. "Dick'Sradiey, Jr, lduerdo E. de Ames Ken McDaniel W. J. "Wrangler" Roberts Rennie Sizemore The above ordinance was passed by the fo Jack R. Blackmon r.. Cabe 1 oisnr., Sr. Y. A. "Di4k1: Pt;.:.1.4$ piiesn, Eduardo E. de Mas Kan McDaniel IL 3. ;'Wrangler" Roberts Ronnie Sizemore Of wing vote; 1 .d0F lR .+ : •.�,• 1 barrage LQngona - AVIA) LBW u4 ruin ttlttIWb ounitatl rxrttwe nvH SI,s misintoc4 REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until QR insurance required herein has been obtained and such insurance has been approved by the City. Tho Lessee must not allow any subcontractor to commence work until all similar insurance required of iho subcontractor has been so obtained. Lessee must Amish to the City's Risk Manager, two (2) copies of Certificates of lrsa+trance, showing the tbllowing minimum coverage by bttsurance company(s) acceptable to the City's Risk Manager, The City must be named as an adddltlonal insured for the General Stability policy. A blanket waiver ofsubrogation is required on all applicable policies. TYPE OP INSURANCE MINIMUM INSURANCE COVERAGE 30 Day Written Nstlee of Caneellstbe, uoa•renewel, material dense or termination required an all certificates Bodily injury end Property Damsas COMMERICAL GENERAL LIABILITY Including: 1. Commercial Form 2. Prentlsea—Operations 3. Products/ Completed Operation) Hazard 4, Contractual LiabHHly 1. Broad Form Propetty Damage 6, Independent Contractors 7. Wargo ft Liability exelualon removed $2.000.000 COMBINED SINGLE LIMIT • AUTOMOBILE LIABILITY to include: Owned, Non -owned, hired, leased or rented vehicles SI,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICHCOMPLIES WITHTIE1 TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF This EXHIBIT $2S0,0011 POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Net limited to sudden & accidental dieehergel toMel ude long-term environmental Impact ibr the dbposatof carElaalinante $1,000,000 PER OCCURRENCE C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports ofany accidents wttbinten (10) days ofany accident, 20011AkeCorpus Cetle1l • Sunrise Bard CampgrouadLease las, req. 3.27-01 op Risk Ment EXHIBIT C - 1.1.111 1011114 r *ARM WA\V IN I NI/% 141I1VW/ M.I1P/vV .+•. A.." • •••.• • ••••. ,-1•--- II. ADDITIONAL {AL RBOUIRBMBNTS A. Loewe Must obtain workers' compensation coverage through a licensed insurance company in accordance with 'texas taw. The contract for coverage must bo written on a policy with endorsements approved by the Texas Department of Insurance. The coverage must be anlounts 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 is required on all applicable policies. + If your insurance company uses the standard ACORD farm, the cnncetiation douse (bottom right) must be amended by adding the wording "obanged or" between "he" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu ofmodification ofthe ACORD form, separate pokey endorsements addressing the carne substantive requirements are mandatory. • The name Odle project must be listed under "Description ofOperations". * At a minlnum, a 30 -day written notice to the City's Risk Manager of material change, Cancellation, nonrenewal or termination Is required. C. If the Certificate of Insurance an its face does not show the existence of the coverage required by items 1.B (1)47), an authorized representative of the Lemrance company must include a tetter specifically stating whether items I.B. (1).(8) are included or excluded.. 1008 take Como Christi. Sundae Beach Cimpyound Lease ins. req. 3.27-03 epRisk Myer XHIBIT C State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5957220 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDI NANCE ON FIRST which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/19/2010, 12/19/2010. $ 102.73 i LEGAL SALES 1Time(s) EPREENTIVE On this A* day of bUlanA , , 2D( Di certify that the a tached document is a true and an exact copy ma4q by publisher. c WENN J, MEDINA MY A gust 2, 20 2 jREs otary Public, State of Texas 10E» December 19, 2010 >a CALLER -TIMES Legal Notices 1110 NOTICE OF PASS -400 QF ORDI- NANCE ON RDINANIEON FIRST READING :.. Authorizing the City Manager or his de- signee to execute a five-year: Lease Agreement (with the optionlor three -'five ear renewals)`"with BBC Capital, Ltd., for a 1.068 acre tract of land. & a 0.20 acre trtct:of land located at;the northern end of Corpus Christi Beach, providing' for publication. This ord. was. 'passed & ap- proved by the City Council on its first reading on. December 14, 2010. is/ Armando Gl apa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5959084 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02891 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 1/16/2011, 1116/2011. $ 104.73 1Time(s) LEGAL SALES REPRESENTIVE On this � day o 2 lertify that the attached document is a true and an exact'. +py ma :e publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2012 Notary Public, State of CALLER TIMES cc Januaryl6 2013 K 9E Legal Notices 1110' 1NOTICE OF PASSAGE OF ORDINANCE:NO 028914 Authorizing the City Manager or his de- signee to execute a five-year Lease Agreement (with the option for three`five year. rinewals)-.with BIC.,Capital, Ltd;, for a1.068"acre tract of land &-a•0 20 ;;acre tract of.land Iocated. at the northern. end of Corppu's Ch•rist:i. Beach, providing for; publication.This'ord. *as passed. proved';by the';;,City Council". -on -'its. second reading on January. 19, 201,1. /s/,Armando Chapa` City Secretary