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Home My WebLink AboutC2009-324 - 8/18/2009 - ApprovedDEPARTMENT of ENGINEERING SERVICES Property and Land Acquisition Division ~St. John Baptist Church} TEMPORARY PARKING LEASE AGREEMENT This Lease A reement is entered into this `~-~~` da of ~ g y , 2009, by and between, the St. John Baptist Church, hereinafter referred 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 Cit 's y 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 andlor 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: Ul~itnesseth 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 ~+l-} 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, Hala 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 1St 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. 2009-3Z4 ~~ ord. OZ8265 08/18/09 Page 1 of 4 ~~. John Baptist Church -rmaRIPR~JECT1Misc. InstrumentslTemp Parking Lease St John Baptist Church.doc 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 ~15th7 day of the month in which a Vehicle Auctian is held. Lessee's first Vehicle Auction to be held under the Term of this Lease is scheduled for the second weekend of July, 2009. 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 the Leased Property ASSIGNMENT: The Lessee may not assign this Lease or sublet any portion of the said Premises without the written consent of the Lessor. M4INING AND GROUNDS MAINTENANCE: The Lessor agrees to mow the Premises on an every other month basis to coordinate with Lessee's auction. Lesser 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 $l0 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.IHOME1NormaRIPR~JECTIMisc. InstrumentslTemp Parking Lease St John Baptist Church.dac 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". All 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 X30} days after Lessor notifies said Lessee in writing at: Cor us Christi Police De artment Maintenance and Gperations Manager 321 John Sartain„~„,C,orpus Christ,i,, Texas 18401 of such default and Lessor's intention to declare the Lease forfieited. Thereupon, unless the Lessee has completely removed or cured such default, this Lease shall cease and Lessor shall be entitled to immediately re-enter 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, yr designee of the City of Corpus Christi, Texas. RELEASE AND HDLD 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 IS EXECUTED IN TRIPLICATE, EACH OF WHICH CCNSTiTUTES AN ORIGINAL Executed this / ~ ~= day of , 2009. Page 3 of 4 H:IHOMEINormaRIPROJECTIMisc, InstrumentslTemp Parking Lease St Jahn Baptist Church.doc LESSOR St. John Baptist Church By: ~v Print: ~~/O,~G C. ~ y~ ~133/t/ Title: ~~ ~ ~ D~'' D ~ ~~ LESSEE CITY ~F CoRPUS CHRISTI, TEXAS ,~ G~~~./ ~~ ~~~5 n el R. Escobar, P.E. AUTHORItt~: City Manager ~ coaRCi~ .. ~1 ~gl.~~ ,(~, ATTEST: ~'""" '"""" ARMANDO CHAPA, CITY SECRETARY sEC~~r~a~ , APPROVED AS TO LEGAL FORM, THIS DAY OF , 2009. FOR THE CITY ATTORNEY ~. By: Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT Page4of4 H,IH~MEINormaRlPR4JECTIMisc. InstrumentslTemp Parking Lease St John Baptist Church.doc Fide : ~Mproject~cvuncr'lexhibits~exh5249parcel2.dwg . IH ~ AGNES 0 uro(!aAl a ~ ~ z ~ ~ ~o PROrJFCT ~'~, w. POINT L4CA~ON ~.o s~'' ~_ ~~ N Spy A ~O~ . ~/ ~ /~ LOCATION MAP ~eo ~~ SUBJECT PARCEL ~ ~'~ 1.f0AC. , ~o~ ~ ~ ,~ f"'e7~8 /~ \ VICINITY MAP Nor ro scacE EXHIBIT "A" cirY covNCa ~r~s~r VEHICLE IMPOUND FACILITY CITY OF CORPUS CHRISTI, rE~-S DEPARTMENT OF ENGINEERING SERVICES TEMPORARY PARKING LEASE PAGE: 1 of 1 DATE: 6-5-2009 ~~ City of June 4 2009 C~rn us St. John Baptist Church 1 Y C 5445 Greenwood Drive risti Corpus Christi, Texas 78417 To whom It May Concern: The City of Corpus Christi is a self insured public entity as allowed by the State of HUMAN RESOURCES Texas for General Liabilit Auto Liabilit and workers' Corm ensation. Liabilit Y~ Y~ p Y limits are established by the Texas Tort Claims Act. The City of Corpus Christi's Po Box 9277 liability under the Act is limited. Under the Act, liability in cases of personal co us christ~ injuries or death is limited to a maximum amount of $250,000 per person and m ,. Texas 78469-9277 $500,000 for each single occurrence. Phone 361-826-3300 Fax 361-826-3322 Health Bene,~ts Fax 361-844-1730 Rask Management Phone 361-826-3680 Fax 361-826-3697 www.cctexas.com ,IIII The Risk Liability Fund is funded by the City of Corpus Christi in accordance with generally accepted accounting practices through actuarially calculated annual contributions. Information regarding filing a claim with the City of Corpus Christi can be obtained from the Risk Management office at City Hall, 1 ~Ol Leopard Street, Corpus Christi, Texas 75401, or by phone at X361} 8~b-3300. Sincerely, ~~ ~' .~ ~. r ,~ ~R~ ' ~ ~ Y ~7~1r~ Donna James-Spruce Rusk Manager DJSlvlt EXHIBIT ~