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Austin, Texas
RENEWAL OF
COASTAL LEASE NO. CL20020007
STATE OF TEXAS §
§
COUNTY OF NUECES §
KNOW ALL MEN BY THESE PRESENTS:
This Coastal Lease No. CL20020007 (the "Agreernent") is issued by virtue of the authority granted in Chapter 33,
Texas Naturat Resources Code, and Title 31, Texas Adminis~rative Code, Chapter 155 and all amendments thereto, and
all other applicable statutes and rules, as the sarne may be promulgated and/or amended from time to time.
ARTICLE I. PARTIES
1.01. In consideration of the mu~.iaal covenants and agreements set forth herein, the STATE OF TEXAS, acting by
and through the Schaol Land Baard and its Chairman, the Commissioner of the Gerieral Land Office (the "State"),
hereby authorizes the City Of Corpus Christi-Ropes Park (the "Lessee"} whose address is P.O. Box 9277, Corpus
Christi, TX 78469-9277, to use the "Premises" {defit~ed below) for the purposes identified in Article V below.
ARTICLE II. PREMISES
2.01. The coastal public land Lessee may use is descnbed as follows:
A portion of State Tract Number 74, Corpus Christi Bay, Nueces County, Texas {~he
"Premises"). The Premises are further described and depicted on Exhibits A, B, and C, attached
hereto and incorporated herein by reference. ~
2.b2. Lessee acl~owledges and agrees that when any authorized irnprovements are placed on the Premises, the
location of such improvements shall thereby became fixed at such iocatian and shalI not be changed except by a
written amendment to this Agreement.
2.03. LESSEE HAS I1~SPECTED THE PHYSICAL AND TOPOGRAPHIC COIVDITION OF THE PREMI5ES AND ACC~PTS
TH~ SAME "AS IS", IN ITS EXISTING PF~YSICAI. A1VD TOPOGRAPHIC CONBITION. THE STATE DISCLAIMS ANY AND
ALL WARRAIVTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND AIVY
OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND LESSEE
HEREBY ACKNOWLEDGE AND AGREE THAT U5E OF THE TERM "GRAN'~"' IN NO WAY IMPLIES THAT THIS
ACREEMENT IS FREE OF LIENS, ENCUI4IBRANCES AI~D/OR PRIOR RIGFITS. NOTICE IS HEREBY GIV~N 'I'O ~,ESSL~
THA'C ANY PR~OR GRA~IT ANDIOR ENCUMBRANCE MAX BE OF RECO~ AND LESSEE IS ADVISED TO EXAMINE THE
RECORDS IN THE ARCFIIVES AND RECORAS AIVISION OF THE GEN~I2A,L LA.ND OFFiCE, 170fl ~IORTIi COIVGRESS
AVENUE, AUSTIN, TEXAS 78701-1495, AND ALL RECORDS OF THE COUNTY IN WHICH TNE PREMISES ARE LOCATED.
LESSEE IS AiOT RELYING ON A1VY REPRESENTATIOIV OR WARRANTY OF THE STA'FE REGARDING ANY ASPECT OF
THE PREMISES, SUT IS RELYING ON LESSEE'S OWN INSPEC'FION OF THE PREMISES.
2007-192
Q410S/07
GLO 1 ' renewcl.doc V 2.0
ARTICLE III. TERM
3.01. This Agreement is for a period of five (S} years, beginning on May 1, 2007, and ending on April 30, 2012,
unless renewed or terminated as proeided herein.
ARTICLE N. C~NSIDERATI~N AND TAXES
4.01. As a fee for the right to use the Premises, Lessee agrees to pay the State the sum of Twenty-five and 00/100
Dollars (~25.00). as an application fee. No other fee is reyuired.
4.02. In addit~on to the above, Lessee shall pay and discharge any and all taxes, general and special assessments, and
other charges which during the term of this Agreernent may be levied an or assessed against the Premises or any
improvernents constructed or installed thereon {the "Taxes"). Lessee shall pay such Ta~ces at least five (5) days priar to
the date of delinquency directly to the authority, official or entity charged with collection. Lessee may, in good faith
and at its sole cost and expense, cantest any Tax and shall be obligated to pay the contested atnount only if and when
finally deterntined to be awed.
ARTICLE V. U5E OF THE PREMISES
S.OI. A. In connection with Lessee's vse of the Premises, Lessee may construct and/or maintain the following
improvements: a 20' x 397' band of concrete ~-ubble rip-rap, a 20' x 113' band of concrete n.ibble rip-rap, and a 10' x
110' band af concrete rubble rip-rap, for a total encumbrrance of 11,300 square feet; also, two cancrete rubble groins
measiu-ing 7' x 46' and 8' x 65' for an additional encumbrance of 842 square feet; for a total project encumbrance of
12,142 square feet, as depicted on E~ibits attached hereto and incorporated herein by reference (the "Tmprovements").
Lessee shall not use the Premises for any other purpose withaut prior written con.sent from the State, which consent
may be granted or withheld in the State's sole discretion. Lessee is specifcally prohibited from using or permitting the
use of the Premises for any connmercial or illegal purpose. Provided the State does not unreasonably interfere with
Lessee's use of the Premises, the State may use or pernut the use of ihe Premises for any purpose con.sistent with
Lessee's use of the Premises.
B. Lessee shall comply, and cause its afficers, employees, agents, representatives, contractors and invitees to
cornply, vvith applicable laws, ordinances, rules and regulations of al~ governing authorities with jurisdiction over the
Premises. Lessee is specifically notified of its need #o camply with laws and reguIations enacted for the purpose of
protecting and preserving public lands and waters.
G Lessee shall permit the State's agents, representatives, and employees to enter into and on the leased
premises at ali reasonable times for the purpose of inspection and any ~ther reasonable purpose necessary to protect the
State's interest in the leased Premises.
D. Lessee may no# charge any holder of a valid mineral lease or other grant of interest &om the State for
surface damages for the use af the leased 1'remises. Atl such damage payments shall be made directly to the State.
Lessee, however, may seek compensation for damages to personal property in an action against the holder of a valid
mineral lease or other grant-of-interest issued by the State. This damage lirnitation in no way limits the liability of
third parties in an action at law for damages inflicted upon Lessee by acts of negligence. '
E. Except as otherwise provided herein, Lessee shall have the right to file a criminal complaint or insti#ute
civil praceedings to protect Lessee's right of possession and leasehold interest in Ehe leased Premises.
F. Lessee shall use the highest degree of care and all appropriate safeg~aards to prevent pollution of air, ground
and water in and around the Premises, and to protec# and preserve natural resources and wildlife habitat. In the event
of pollution of or damage to natural resources in or around the Premises which is the result of an act or omission of
Lessee, i#s officers, empIoyees, agents, representatives, contractars, and/or invitees, Lessee shall immediately natify the
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State and undertake all required and appropriate action to remedy the same. Lessee shall be liable for all damages
and/or nnitigatian to the Premises ar~d pubiic Iands and waters as a result of such act or omission.
G. LESSEE IS EXPRESSLY PLACED ON NOTICE OF TNE NATIONAL HISTORICAL PRESERVATIOAI ACT 4F 1966,
{PB-89-66, 80 STATUTE 915; §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTEit 191, TEX. NAT. RES. CODE ANN.
AND ALL AMENDMENTS '~'HERETO. IN THE EVENT THA'~' ANY S[TE, OBJECT, LOCATION, ARTIFACT OR OTHER
FEATURE OF ARCHEOLOGICAL, SCIENTiFIC, EDUCATIONAL, CULTifRAL OR H~STORIC INTEREST IS ENCOUNTERED
DURING THE ACT'IVl'TI~S AITTHORIZED BY THIS AGREEMENT, LESS~E Wll,L TMM~DIATELY CEASE SUCH
ACTIVITIES AND WILL IMMEDIATELY NOTIFY THE STATE AND THE TEXAS HISTORICAL COMMISSION, P.O. BOX
12276, AUST{N, TEXAS 78711, SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEIV TO PROTECT OR RECOVER
SUCH DISCOVERIES OR ~'INDINGS, AS APPROPRIATE.
5.02. A. Lessee's use of the Premises is subject to compliance with the following covenants, obligations and
conditions (the "Special Conditions"):
1. If the existing groin is ever destrayed or damaged in excess of fifty percent (50%), no rebuilding
of the structure will be allawed.
2. If the General Land Office determines that erosion or accretion has occurred as a result of the
presence of the grain, at a rate which exceeds the then current General Land OfficelSchool Land
Board guidelines, such structure shall be removed and the shorelin~ restored according to the
written instructions provided by the General ~and Of~ce.
B. Prior to undertaking construction or installation af Improvements on the Premises, Lessee shall }~rovide
written notice of the terms of this Agreement, including the Special Conditions, to each person or entity autharized by
Lessee to perform any such activity on its behalf. Lessee shall retain a copy of each such writt~n notice provided to its
agents, representatives, ennployees, andlor contractors under this provision and, if a dispute arises concerning
construction or installation of the Improvements, Lessee shall provide the Sta~e with a copy of all applicable notices
within ten { 10) days of the State's wri~ten request. Lessee's failure to maintain and provide each required written notice
shall constitute a default under this Ag~-eement.
5.03. If Lessee fails to maintain and/or repair Improvements in good conditian and repair, such failur~ shall constitute
a default under this Agreement and the State may, at its option, termina~e this Agreement upon written notice to Lessee
or pursue a remedy ur~der Section 51.3021, Texas Natural Resources Code and all amendments thereto. If Lessee
constructs improvements other than thase authorized in Article V, such irnprovernents shaIl constitute illegal structures
and the S~ate may, at its option, terminate this Agreement or pursue a remeciy under Section 51.302, Texas Natural
Resources Code and all arnendments thereto.
ARTICLE VI. ASSIGNMENTS ANl7 SUBLEASES
6.01. LESSEE SHALT~ NOT ASSIGN THiS AGR.EEMENT OR TFtE RIGHTS GRANTED HEREIIY, UR SUBLEASE ANY
PORTION OF THE PREMISES, IN WHOLE OR PART, TO A~YY TNIRD PARTY FOR ANY PURPOSE WITHOiJT THE PRIOR
WRITTEN CONSENT OF THE STATE, WHICH MAY SE GRAIVTED OR WITFiHELD IN TFIE STATE'S SOLE DISCRETION.
ANY UNAUTHORiZED AS5lGNMENT OR SUBLEASE SHALL BE VOID AND OF NO EFFECT, AND SUCH ASSIGNMENT OR
SUBLEASE SHALL NOT RELIEVE LESSEE OF LIABILITY UNDER THIS AGREEMENT.
ARTICL~ VII. INDEMNTTY
7.01. TO THE EXTENT AI.LOWED BY LAW, LESSEE AGREES TO INDEMNIFY AND IiOLD THE STATE, ITS
SUCCESSORS, ASSIGNS, OFFICERS, AGEIVTS, REPRESENTATIVES, CONTRACTORS A1~ID EMPLOYEES (THE
"INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ALL CLAiMS, PROCEEDINGS, ACTIONS, DAMAGES,
JUDGMEI~ITS, LIABILITIES, AWARDS AND EXPENSES WHATSOEVER, iNCLUDING STRICT LIABILITY CLAIMS (THE
°°CLAIMS") WiTHOUT LIM17' AND WITHOTI7" R~GARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF
THE INDEMNIFIED PARTIES, 'rHAT MA'Y B~ BROUGHT, ENS'~'ITEiTED OR AWARD~D ON ACCOUNT OF OR GROWING
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OLfT OF AiYY AND ALL ~NJURIES OR DAMAGES, I~ICLUDING DEATH, TO PERSONS OR PROPERTY RELATING TO OR
RESULTING FROM, DIRECTLY OR INDIRECTLY: (n ANY OCCURR~NCE IN, UPON, AT OR FROM THE PREMISES OR ANY
PART THEREOF, OR {I~ THE USE OR OCCUPANCY OF THE PR~MISES ~R ANY PART T~IEREO~', TOGETHER WITH ANY
AI~ID ALL LOS3ES THERETO, IIYCLUDING, WITHOUT LIMI'~'A'TION, ALL C4STS OF DEFENDING AGAINST,
INVESTICATING AND SETTLING THE CLAIMS. IT (S THE EXPRESSED INTElVTION OF THE PARTIES HERET4 THAT
TIiE INDEMNITY PROVIDED FOR IN '~HIS SECTION 7.01 IS AN INDEMNITY BY LESSEE TO iNDEMNIFY AND PRO'FECT
THE INDEMNI~'IED PARTIES FROM THE CONS~Ql1~NCES O~"rHE INDEMNIFIED PARTIES' OWN NEGLIGENCE WHERE
TFIAT NEGLIGENCE IS A CONCilRRING CAUSE OR THE CLAIM. '~'HIS 1NDEMNITY SHALL HAVE NO APPLICATION TO
ANY CLAIM WHERE THE CLAINi RESULTS FIZOM THE SOL~ NEGLIGENCE OF THE STATE. LESS~E'S OBLIGA'rIQM OF
IAIDEMNITY SET FORTli HEREIN SHALL SURVIVE EXPIRATION OF THIS AGREEMENT.
ARTICLE VIII. DEFAULT, TERMINATION AND EXPIIZATION
8.01. If Lessee fails or refuses to remedy a default under this Agreement within thirty {30} days of the State's written
notice specifying such default, the State may terminate this Agreement by sending written notice of termination to
Lessee in accordance with Article IX. Upon tlae effective date of such notice, this Agreement sha~l ternvnate and
neither party shall have any further rights or obligations except for those accruing prior to tlae effective date of
termination andlor those which specifically survive termination of this Agreement.
8.02. Unless waived in writing by the State prior to ter;nination of this Agreement, Lessee shall, within one hundred
twenty (120) days frotn the termination date, remove aIl personal property, structures and improvements (including,
without limita~ion, the Improvements) from the Premises and restore the Premises {and ail other property affected by
Lessee's removal activities) to the same conditian that existed prior to the placement, construction, or installation
tl~ereof on the Premises. Lessee's activi~ies shall be conducted in accordance with General Land ~ffice guidelines in
effect at the time of such activity, including, without limitation, specific techniques required for protection of natural
resources and rnitigation, or payiment in lieu of mitigation, for damages resulting from removal activity. Upon such
termination Lessee shall notify the State in writing within ten (10) days following comple~ion of Lessee's removal and
restoration activity. Lessee's obligations to perform or undertake any specific activity under this Agreement, including
the foregoing rernoval provision, sha11 sutvive termination of this Agreement.
ARTICLE IX. NOTICE AND INFORMATIQN REQUIltEMENTS
9.01. A. Any notice given under the terrns of this Agreement shall be in writing and either c~elivered by hand, by
facsimile or sent by United States first class mail, adequate postage prepaid, if for the State, to Deputy Commissioner,
Professional Services, 1700 North Congress Avenue, Austin, Texas 787a1-1495, and if for Lessee, to City Qf Corpus
Christi-Rapes Park, P.O. Bax 9277, Corpus Christi, TX 784b9-9277. Any party's address may be changed from time to
time by such party by giving notice as provided above, except that the Premises may not be used by Lessee as the sole
notice address. No change of address of either party shall be binding on the other party until notice of such change of
address is given as herein provided.
B. For purposes of the calculation of various time periods referred to in this Agreement, notice delivered by
hand shall be deemed received w~en delivered to the place for giving notice to a party referred to above. Notice mailed
in the manner provided above shall be deemed completed upon the earlier to occur of (i) actual receipt as indicated on
the signed return receipt, or (ii) three (3) days after posting as herein provided.
9.02. Lessee shall provide written notice to the State of any change in Lessee address within ten {lQ} business days of
such change.
9.03. Lessee shall provide the State with information reasonably requested in writing within thirty (30) days of such
request.
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ARTICLE X. MISCELLANEOUS PROVISIONS
10A1. Neither acceptance af Consideration or any other sum payable under this Agreement (or any portion thereofl by
khe State, nor failure by the State to complain of any act or omissaon of Lessec, shall cons~itute a waiver by the State of
its rights under this Agreement. Waiver by the State of any covenant, duty or obligation of Lessee under this
Agreer~ent shall be in writing ar~d signed by a duly authorized representative of the State. Waiver by the State shall he
limited to the act or omission specified in writing and shall not constitute a waiver of any other covenant, duty or
obligation of Lessee under this Agreement, whether of the same ar different subject matter.
10.02. All monetary obligations of the State and Lessee (including, without limitation, any monetary obligation for
damages for any breach of the respective covenants, duties or ob~igations of either party hereunder) are performable
exclusivety in Austin, Travis County, Texas.
10.03. This instrument, including exhibits, constitutes the entire agreement between the Sta.te and Lessee and no prior
written or aral or contemparaneous aral promises, warranties or representations shall be binding. This Agreement shail
not be amended except by written instrument signed by the State and Lesse~.
IN TESTIMONY WHEREOF, wimess my hand and the Seal of Office.
LESSOR:
THE STAT OF T~XAS
By:
JE Y . PA ERSON
Co ~ sioner, General La~id Office
Chairman, School Land Baard
Date: '~' ~~~~""
APPROVED:
Contents:
Legal
Deputy:
Ezecutive:
LESSEE:
City O Corpus Christ~-Ropes Park
By:
S~ re)
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(Printe ame)
~Y/~
(Title}
Date:
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q~i~tant Cltyt A~Y
~or Cfty Attomey
Information collected by electronic mail and by web farm is subject to the Public Information Act, Chapter 552,
Government Code.
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Title: City of Corpus Christi-Ropes
Park/CL20020007 Date of Inspection: 12/06/2006
Com an : General Land Office Creator: MHubner
Scale: 1 in. = 50,000 ft. Exhibi# A
Title: City of Corpus Christi-Ropes
ParkICL2002Q00~ Da#e of Inspection: 12106I2006
Com an : General Land Office Creator: MHubner
Scale: 1 in. = 2,000 ft. Exhibit B
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