HomeMy WebLinkAboutC2008-238 - 7/8/2008 - ApprovedLEASE AGREEMENT
Del Mar College District, (called "College" herein), a political subdivision of the State of Texas,
which is located at 101 Baldwin, Corpus Christi, Nueces County, Texas, 78404, and the City of
Corpus Christi, Corpus Christi Fire Department, 406 Leopard, Suite #300, Corpus Christi. Texas,
78408 (called "Tenant" herein), hereby agree as follows:
1. Purpose of Aereement: The College agrees to provide Tenant with 2,310 square feet of
space on the Del Mar College West Campus (called "space" or "leased premises" herein) for the
purpose of providing administrative and instructional support to the Fire Academy in the Public
Safety program.
2. Consideration for Use of Snace: In consideration for the use of the space to be provided
by the College, the City of Corpus shall pay to the College an annual rent in the amount of
$40,000, payable in monthly installments of $3,333.33. This amount includes the following
services: 24-hour campus-wide security, utilities (water/electricity/gas/sewer), and utilization of
parking areas (excluding reserved parking which may be available--at current rates). In
addition, accounts will be established by the College for the telephone, fax, and intemet
connections utilized by the Tenant. 't'enant shall pay for all charges within 10 days after
being invoiced by the College. Tenant shall be provided with a copy of the policies of the
College at the inception of occupancy and all Tenant employees shall be expressly subject to and
agree to abide by the policies of the College. The policies include, but are not limited to, the
following: safe work place (5.72), smoking (5.73), drugs and alcohol (5.74), professional working
environment (5.75), sexual harassment (5.76), and computer utilization (3.2). Violation of
the District's policies by the Tenant or any of its employees will be grounds for immediate
termination of this Use Agreetnent.
3. Term of this Use Aereement: This Use Agreetnent shall be for a tertn of one year beginning
]uly 15, 2008, and continuing through July 14, 2009.
4. Snace to be Provided: During the term of this Use Agreement, the College will provide
2,310 square feet of space on the Del Mar College West Campus to Tenant. The space
provided will be designated at the sole discretion of the College, and Tenant must use the
provided space for the intended purpose related to the Fire Academy training. Space shall
be made available for use by Tenant in accordance with the policies and guidelines
promulgated by the College, including, but not limited to, regular operating hours and the
unavailability of space during prescribed holidays as established by the College.
5. Basic Services, Maintenance and Reaair: [n addition to the space provided by the College,
the College will provide janitorial and other maintenance services for the upkeep of the leased
premises. The College will provide hot and cold water at those of supply provided for general use
in the facilities, heat or air conditioning during normal business hours, routine
maintenance of electric lighting and replacement of light bulbs.
6. Tenant's Insurance: Tenant, at its sole cost, must procure and maintain at least the
following insurance coverages throughout the term of this Use Agreement:
' ' ^.omtnercial General Liability Insurance (CGL): The CGL liability insurance
2008-238
07/08/08
Ord. 027751
Del Mar College District
(also known as broad form comprehensive general liability insurance) shall
insure Tenant against liability for bodily injury, property damages (include loss of
use of property), and personal injury arising out of the operation, use, or
occupancy of the Leased Premises. The insurance policy must provide
coverage in an amount not less than ONE MILLION AND NO/100
DOLLARS ($1,000,000.00) per occurrence; designate the College as an
additional insured under the insurance policy, and include a waiver of
subrogation in favor of the College. The liability insurance obtained by
Tenant shall be primary and non-contributing, with all policies of the College
being excess, secondary, and non-contributing.
(b) Property Insurance: Broadest available property insurance for 100% of the
replacement cost of Tenant's furniture, fixtures, equipment and other
property. College will not be responsible for the loss or damage to Tenant's
property.
(c) Proof of Insurance: Tenant may present a certificate of Self-insurance as
proof of required insurance coverage.
Tenant further agrees to provide College with copies of all insurance policies required herein upon
taking occupancy of the leased premises.
7. Indemnities and Waivers: To the extent permitted by law, Tenant shall
indemnify College against and hold College harmless from any and all costs,
claims, or liability proximately caused by the acts or omissions of Tenant or any
of the other Tenant parties, including the negligence, gross negligence, or
intentional misconduct of the Tenant or any its employees; any breach or default
in the performance of Tenant's obligations under this Use Agreement; or, any
misrepresentation or breach of warranty by Tenant under this Use Agreement.
Tenant shall defend College against any such indemnified cost, claim, or liability
at Tenant's expense with counsel reasonably acceptable to College.
College shall not be liable to Tenant or to any other Tenant parties for any
liability or loss arising out of or in connection with any criminal activity or
damage or injury to persons or property caused by persons gaining access to the
leased premises, whether or not caused in whole or in part by College's
negligence, and Tenant hereby releases College from all liability and/or loss
relating thereto. In addition, Tenant shall indemnify and hold and save College
harmless against any and all liability or loss to Tenant arising out of or in
connection with any criminal activity or damage or injury to persons or property
caused by persons gaining access to the premises to the extent proximately caused by
the negligence or intentional misconduct of Tenant.
8. Signs: Tenant may not place any signs in or around the leased premises without the
College's prior consent. which consent may be withheld or conditioned by College at
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College's sole and absolute discretion.
9. Termination Notice: Either party may terminate this Use Agreement by giving 30 days
written notice of such proposed termination. If the College or Tenant elects to terminate this
Use Agreement, or the Interlocal Agreement between Del Mar College and the City of
Corpus Christi is terminated, or if any of the terms of this Use Agreement are not honored,
written notice of termination will be provided to all parties immediately and the Tenant will
vacate the premises within 30 days.
AGREED:
DEL MAR COLLEGE DISTRICT
By: Date: / '" ~`r
Jose L. laniz, Acti President
/"" CITY OF CORPUS CHRISTI
By:
oeorge K. Noe, City Manager
Date: ~l ~~"
CORPUS CHRISTI FIRE DEPARTMENT
By:
Richard ooks, Fire Chief
Date:
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