HomeMy WebLinkAboutC2009-283 - 7/30/2009 - NA
This License A regiment hereinafter referred to s "AC REEENT" is entered into this
~ ~ ~
of , ~Oa~, by and between ~RPU CHRISTI RETAIL ~TENT[~I~E, LP clo
TRADE ARK PROPERTY ~P~NY thereinafter referred to as "LIEN~R"}, and the
CITY OF ~RPUS CHRISTI, a Texas home rule municipal corporation, and its OI'I,~S
HR1ST~ P~L~CE DEPARTMENT ~hereina~er referred to as "LICENSEE"}.
N~ T~I~REFORE, and in consideration of the fallowing promises, covenants, and conditions,
the LIEN~R and LICENSEE {hereinafter referred to as "PARTIES"} agree as fo~los:
1. PERNI~SI~N T~ ENTER AND ~JSE THE PREIVIISES.
The LZENS~I~ do hereby authoa~ze and grant LICENSEE the exclusive right to occupy and
use, subject to the terms and provisions hereto, afthe premises located at 5485 South Padre
~s~and Drive, Space # ~ 57~ fan inli~ae space}, corpus Christi, Nueccs bounty, Texas thereinafter
referred to as "PREMISES" in the attached Exhibit "A"~. LICENSEE may enter, access, aril use
the PREMISES far activities such as, but not llmlted to, canduct~ng hrle~ngs, meetings,
trainings, completion of reports, or other related activities necessary to carry out the police
department pure a s e s at any time.
~. TERM.
The rnltral terrrl of thrs agreement x for one year commencing on July ~, ~aa9 and ending an
June 3 a, 2a 1 a.
~. RENT AND I~TILITIE.
The LICENSER agrees rat to charge LI~EN~EE monthly rent ar utilities, exclude telephone
and data connection.
4, HOURS ~~` ~pERATIDN.
The hours of operation for the PREIVII~S mill be determined ~~ the chief of police or hislher
etgnee~
5. SETHP AND MAINTEN.ANE.
LIENS~R agrees to provide LI~NSEE with office furniture, and L~ENEE agrees to
provide all ether e~uiprnents for LIENSE use on PREMISES. LICENSEE agrees to keep its
PREMISES in gaol, clean and safe condition, and dispose oft~ash, rubbish and waste 1n the
trash receptacle designated by LIENS~R. LICENSEE further agrees to keep ail coxds, gyres,
and equipment on the PREMISES secured or taped down when and where applicable.
~. N~ INTERFERENCE.
~00~~53 ~t to interfere v~ith LICENSEE authorized use and access of
~713~IU~ u ofthis AREEIVIENT.
~ ~eti~ Venture, IMP Page ~ of ~
7. LIENEE' SELF~INSURANE ANA LIABILITY.
The LICENSEE is self insured. Therefore, and in fu11 cansideratian of the promises, covenants,
and conditions herein, LZENSEE sha11 provide and attach, as Exhibit "B", a letter verifying the
LICENSEE' self insurance status, signed by the LICENSEE' Risk Manager. Liability of the
L1ENSEI~, if any, shall be expressly limited to LICENSEE' USA of the PREIVIIE only and
in accordance to the Texas Tod lawns Act.
8. ENTIRE AGREEMENT.
This A.GREENI~NT constitutes the entire agreerrient between the PARTIES relating to the use of
the PREMISES. Any prior agreernents, promises, negotiations, or representations not expressly
set forth herein are ofno force and effect.
~. WRITTEN AMENDMENT.
Unless otherwise provided herein, this AGREEMENT maybe amended only ~~ written
instrument duly executed on behalf of each party No officer or employee of any of the
PARTIES may calve or otherwise rnod~fy the 1~mitatlons in this AGREEMENT, ~ithaut the
express action of the PARTIES.
l0, SEERABILITY.
~f any terrn or provisions of this AGREEMENT shall, to any extent, be held invalid or
unenforceable, the remainder of this AGREEMENT shall not be affected and shall remain in full
force and effect.
~ ~ , T~RM~NATZON.
In accordance v~ith the terms ofthis AGREEMENT, the LIENSDR ndlor LICENSEE may
terminate this AGREEMENT by g~v~ng a thirty ~3 ~} days ~rr~tten notice to the other party. On
the expiration ofthe term ofthis AGREEMENT, LICENSEE agrees to return the PREMISES in
a clean condition or restored it to at least as good a condition as it was before LICENSEE took
.
possession.
1 . SUESGRS.
This AGREEMENT shall bind and benefit the PARTIES and their legal successors.
l3. GG~ERNZNG LA, ANI~ VENUE.
This AGREEMENT shall be governed and construed in accordance ~~th the laves of the State of
Texas, and venue lies exclusively in Nueces bounty, Texas,
14. DNTA~TS N~TI~ES.
71291a~ Page ~ of 3
All Notices requzred undex this A.C~REEI~IENT must be sent to the attention of the Contact
Person, addressed as follows:
to LICENSER: CARPUS C~R~STZ RETAIL VENT~JRE, LP
clo TRADEMARK PR~PERT~ COMPANY
A.TTN: Frod T, falters, General Manager
5458 South Padre Island Dr~~e
Corpus Christ, Teas 784 ~ 1
Telephone: 3 61-9~ 1 y3 75 5
~'aClln~~e, ~~~ ~~~ 563 ~
to I~ZCENSEE: CITY ~F CARPUS CHRISTI - P~~XCE DEP.ARTENT
,ATTN: Captain Denny Asbury or
Commander IVlarl~ Schauer
~~ ~ Sohn Sartain
Corpus Chrlstl, Texas 754 1
Telephone: ~ I -526-8300
Facsimile: 361-58~-058
15. EXECUTED ~y the PARTIES, both of v~hich hereby represent that the signatures to thzs
.ACrREEI1~IENT, belov~, are of those pexons with the capacity and authority to legally bind the
PARTIES,
~ ~RI3'I RTA~~ ~NTU, ~P
clo ~'~A~~A~ ~OP~~T~ C~MPA~N~;
E ; ~
Name: ~' Y~}-t_~~ Date
Title; - ,
r
el .Escobar, Cit~r I~Ianaer Date
City of Corpus isti
Michae alsh, Acting Police thief Date
City of Corpus Chrlst~ Police Departn~e~t
APPR~~ED AS T~ LECrAL FARM ~ ~' 3 ~ ~
T. a bang
Assistant City Attorney
For Cit~r Attorney
71~~1~9 Page 3 of 3
~ ~ ~ I
i k _`~~~ I
~1 1~ ~ ~~
~ti r~ ~ * ~#~ ~~ $~
~ ~~ ~~ ~~~
}~1,~~~ s~ ~ 1~~
~~----~
I I __ I~ ~
' ~ 'f4~
~ ~ ~~,~~~
I it .
~~~~ ~_ ~
~ ~
I
r ~ ~ ~iQ~ ~4~I~~~~
#~,~~1 ~ I ~ ~_r~ ~~
~ ~ :.
~ --- -
1 ' ~ ~ ~~
I ~
~ ~.... ,
~ I
i ~~~ ~ ~~t~ ~~
~ ti~~ ~~~ ~, ~ ~ ICY J~I~ ~ ~~ ~ ~ ~~ I ~ ~
~: ~ ~ ~ It ~ ~o ~ ~ ~ ~ ~~ ~
~~ ~~~~13 s~ {
~ ~ ~~~~
ism ~~~~ ~ ~
~~ ~~~
1~~' ~ ~
__..._._~ -~-. I ~~
.~
'~
~~ -~ ~-
EXHIBIT ~
ti
~ r
C lty ~ July 28, 2009
Corpus
Christi Cozpus Christi Retail Venture, LP
clo Trademark Property company
Attention: Fred T. Walters, general 1Vlanager
54$8 youth Padre Xland Dri~c
HUMAN AEDIlRCES corpus hriti, Texas 75411
.._ . Dear r; falters.
P~ Box 92?7
~o~~~ ~hrit~ The pity of corpus ~hriti is a self insured public entity as allowed by the state of
T~~as ~~~~-~~~~ Texas for General Liability, Auto Liability, and porkers' ompenation. Liability
Phone ~~l-~~~-~~oo limits are established by the Texas Tort Claims Act. The qty of corpus Christi's
F ~~1-s~~-~~~~ liability under the Act is limited. finder the Act, ll~blllty in cases of personal
injuries or death is limited to a maximum amount of ~~50,00~ per person and
F~~af rh Benefrrs
F ~~~-~-~~o ~O,~oo for each single occurrence.
~~~~ ~~~~~~~~~r
~ n 3~1-$26-368o The Rlsk L1ab111ty Fund 1s funded ~~ the Ity of Corpus Chr~stl ~n accordance V~lth
Poe
Fax 3~1-82~-397 generally accepted accounting practices through actuarially calculated annual
contributions. Information regarding filing a claim with the pity of Corpus Christi
www.c~texas.com
can b obtained from the Risk anagen~ent office at pity Fall, l20 l Leopard street,
corpus Chris#~, Texas 75401, or by phone at ~3 ~ 1 ~ 8~G-3 300.
sincerely,
Donna James-Spruce
Safety & Risk Manager
Dal~lt
!slid
,III~1
E~~IT B