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HomeMy WebLinkAboutC2010-010 - 1/12/2010 - ApprovedLEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION STATE OF TEXAS ~ COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS This lease agreement is entered into by and between the City of Corpus Christi (City), a Texas home-rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and the Corpus Christi Police Officers' Association (Lessee), acting through its duly authorized. WHEREAS, the City owns the Centennial Museum and corresponding real property on which same is located, all located at 908 Park Avenue (at South Bluff Park), Corpus Christi, Nueces County, Texas, together with all improvements on the Premises; WHEREAS, Lessee has requested the use of the Premises for the sole purpose of operating a youth athletic boxing program for local and area youth ("Program"), subject to the terms, conditions, and covenants contained in this Lease; and WHEREAS, the City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants contained in this lease, agree as follows: Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, ahome-rule municipal corporation. City Manager means the City's City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Department means the City's Parks & Recreation Department. [Director means the City's Director of Parks & Recreation or the Director of Parks & Recreation's designee.] [Holdover Period means any period of time in which the Lessee remains in the Premises after the expiration of the original term of this Lease and continues to pay rent to the City under the terms of this lease.] Lease means this document, including all attachments and exhibits that are incorporated by reference into this document. Lessee means the Corpus Christi Police Officers' Association. Premises means 908 Park Avenue (at South Bluff Park), Corpus Christi, Nueces County, Texas, together with all improvements located on the Premises. Regular hours of operation means: 8:00 a.m. through 5:00 p.m. Central Time, Monday through Friday. 2010-010 amity's Director of Risk Management or the Director of Risk Ord. 028459 ,ertisements, notices or other lettering that are exhibited, inscribed, 01/12/10 CCPOA 'IY®C:l1i~•~ painted, erected or affixed on or about the Premises, or any part of the Premises.] Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to use the Premises for the sole purpose of operating a youth athletic/boxing program. Lessee may not operate the Premises for any other purpose without the Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of twenty (20) years, unless sooner terminated under Section 25. This Lease commences no sooner than the 60th day after the date of final Council approval, that commencement date being _ ~~~j ~ ~ , a©~ © ,and continues through ~~i. (rG(~1 ~ ~,~ Q ~ ~ .Notwithstanding any other termination provisions set forth in this Lease, the City may terminate this Lease, without cause, upon 180 days' written notice to Lessee; alternatively, the Lessee may terminate this Lease, without cause, upon 180 days' written notice to City. Section 4. Option to Renew. The Lessee has the option to extend this lease for up to two additional five-year periods subject to the approval of the City Manager and subject to the same terms and conditions as set out in this lease. Section 5. Holdover Period. a. After the expiration of this lease, the Lessee may continue to occupy the Premises, on a month-to-month tenancy, if the Lessee continues to pay the monthly rent required by this lease, and upon the same terms and conditions as set out in this lease. b. The Holdover Period may not exceed six months in length. c. The City Manager has the absolute right to terminate the month-to-month tenancy with or without cause upon thirty (30) days written notice to Lessee. Section 6. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 7. Lease Payments. a. For and in consideration of the rights and privileges granted in this lease, Lessee agrees to pay the City a lease payment of Fifty Dollars and Zero Cents ($50.00) each month during the term of this lease. During the entire term of this lease, each monthly lease payment is payable on or before the 5th day of the month following the month to which said lease payment applies. During any Holdover Period that may occur, Leesee shall pay the City that lease payment due during the final month of the lease. b. Payments must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9277, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 8. Delinquency and Default Regarding Lease Payments. a. Lessee is "delinquent" if the City has not received Lessee's monthly lease payment on or before 5:00 p.m. Central Time on the 5th day of the month following the month to which said lease payment applies. If the 5th day of the month falls on a weekend or holiday, the payment must be tendered on the first business day following the weekend or holiday. b. Lessee is in "default" for purposes of Section 25 of this Lease, if Lessee fails or refuses to pay the amount due within five (5) days after the City has sent a written notice of delinquency to Lessee. Section 9. Hours of Operation. The following are the hours of operation: 4:00 p.m. - 8:00 p.m. Monday through Friday and 12:00 p.m. - 6:00 p.m. Saturday and Sunday. Section 10. Alterations. a. Lessee may not make any alterations, additions or improvements to, in, on or about the Premises, without the prior written consent of the Director. Lessee must also obtain clearance from the Risk Manager as required by Section 24(e) of this Lease. b. All approved alterations, improvements and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any expiration, termination or cancellation of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by the removal. If items are installed in a manner as to become fixtures, the fixtures may not be removed by Lessee upon termination and become the property of the City. Section 11. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, including during any Holdover Period that may occur. Section 12. No Liens. Section 13. Sublease and Assignment. Lessee understands and agrees that Lessee may not sublease the Premises nor any part of this Premises without obtaining the prior written consent of the City. Lessee may not, in whole or in part, assign or transfer directly or indirectly this Lease without the prior written approval of the City. Section 14. Signs. a. Lessee may not exhibit, inscribe, paint, erect, or affix any Sign at, on, or about the Premises, or any part of this Lease, without the Director's prior written approval. b. The City may require Lessee to remove, repaint or repair any Signs allowed. If Lessee does not remove, repaint or repair the Signs within ten (30) days of Director's written demand, City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 15. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 16. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 17. Maintenance. a. At Lessee's sole expense, the Lessee shall maintain the exterior of the Premises during the term of this lease, including during any Holdover Period, to include, but not limited to: cleaning, painting, repairing light fixtures and, in general, keeping the exterior of the Premises in good repair. The City shall be responsible for the maintenance of all grounds surrounding the Premises, to include, but not limited to: shrubbery, flower beds, mowing and other gardening/landscaping related functions, subject to sufficient annual budget appropriations for same, unless any damage occasioned to the grounds surrounding the Premises was caused, in the City's sole determination, by Lessee's negligence. The City shall be responsible for major repairs to the exterior of the Premises, subject to sufficient annual budget appropriations for repairs, unless any damage occasioned to the exterior was caused, in the City's sole determination, by Lessee's negligence. If it is determined that Lessee's negligence caused any exterior damage during the term of this Lease and including during any Holdover Period, Lessee has a duty to remedy the damage to the satisfaction of the Director. It is further understood and agreed that the City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, including during any Holdover Period, the maintenance to include, but not be limited to: cleaning, painting, keeping in good repair the plumbing and light fixtures and minor maintenance of the air conditioning system, including annual inspections and changing of air filters as recommended by the manufacturer/City (should one be installed during the term of this lease). Any additional maintenance required to maintain the interior of the Premises, during the occupancy of Lessee, is the sole responsibility and expense of Lessee. Section 18. Furniture, Fixtures and Equipment. a. It is understood that Lessee is responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. b. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. Section 19. Utilities. a. It is understood by and between the parties that scheduled, regular garbage collection service is available to the Premises and that the provision and expense of said service is the sole responsibility of the Lessee. b. During the term of this Lease and any Holdover Period, telephone service at the Premises, including any wiring requisite to the provision thereof, is the sole responsibility of and is at the sole expense of the Lessee. e. During the term of this Lease and any Holdover Period, electrical service at the Premises, including any wiring requisite to the provision thereof, is the sole responsibility of and is at the sole expense of the Lessee. f. During the term of this Lease and any Holdover Period, the provision of water and sewage service at the Premises, including any plumbing requisite to the provision thereof, is the sole responsibility of and is at the sole expense of the Lessee. g. Should Lessee require any modification to the provision of the utilities enumerated in this section or require any additional utility service not covered in this lease during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. h. Lessee shall pay for all utilities related to usage of Premises, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 20. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Section 17 or for any other purpose incidental to the City's retained rights of and in the Premises. Section 21. Director's Right to Access Premises in Emergency. a. Lessee shall provide the Director with keys to the Premises, and a current list of names and phone numbers, for use by the Director, in the event of an emergency. b. The Director has the right to enter the premises during the regular hours of operation or at anytime m an emergency. Section 22. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 23. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representative, and employees (collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claim, or property loss or damage of any other kind whatsoever, to the extent any injury, damage or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if 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, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim or action. Section 24. Insurance. a. Lessee shall secure and maintain, at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage set forth in Exhibit A, which is attached and incorporated in this Lease. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown in Exhibit A, constitutes grounds for termination of this Lease. b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. Lessee shall, prior to any addition or alteration to, in, on or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 10(a) of this lease. Section 25. Default. a. The following events constitute default under this Lease: (1) Default in the payment of rent or other payments under this Lease. (2) Failure to pay utilities before the due date. (3) Failure to perform scheduled maintenance. (4) Abandonment of the Premises. ` (5) Failure to maintain any insurance coverages required in this lease. (6) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (7) Failure to keep, perform and observe any other promises, covenants and conditions contained in this Lease. b. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) Give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, enter upon the Premises or any part of this Premises in the name of the whole and, upon the entry, this Lease terminates. Section 26. Enforcement Costs. In the event any legal action or proceeding is under taken by the City to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the 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. Section 27. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 28. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 29. Notice. a. All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All the communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation IF TO LESSEE: Corpus Christi Police Officers' Association Attn: M~eYfA~ ~ • ~4~dtE~. I'r~Sl~~t' If by United States Postal Service: P. O. Box 9277 Corpus Christi, Texas 78469-9277 If b o~ verni hg t express deliver 1201 Leopard Street Corpus Christi, Texas 78401 If by fax transmission: 361-826-3864 If by United States Postal Service: Cc~'~~SGl~~ri5~'i,~. ?~~a~ If by overni hg t express deliver 3122 I,Ga~~lrt~ ~i~ . (~r~s Clnri 9t'I ~`(Z, 7g~0~ If by fax transmission: 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 shall notify the City of an address change within ten (10) days after the address is changed. Section 30. Force Majeure. No party to this Lease shall be 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 waive this right as a defense. Section 31. Relationship of Parties. This Lease establishes alandlord/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. Section 32. 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 33. Publication Costs. Lessee shall 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 34. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts.. Venue lies in Nueces County, Texas, where this Lease was entered into .and will be performed. Section 35. 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 termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any termination or expiration of this Lease. Section 36. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 37. Severability. a. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word of this Lease be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected the law, and in lieu of any illegal, invalid or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid or unenforceable clause or provision as maybe possible and be legal, valid and enforceable, will be added to this Lease automatically. Section 38. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 39. 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. EI~:F~UTED IN DUPLICATE, each of which shall be considered an original, on this the _~ day of - 20~. LESSEE: Name: N~ic~nAr;I L, S~'aEF • Title: 1',ra,Si ~~ STATE OF TEXAS § COUNTY OF NUECES § ~. This in ment was acknowledged before me onI~ t_his the ~~' day of ~'h 20~, by icY~t p • • ~ ' ~ [NAME], T-{ St GG'~ [TIT E], for the Corpus Christi Police Officers' Association, a Texas 1t~Q~--~'UW - ~ri7 i-~ C.~~fi0t~('~hl~[TYPE ENTITY], on behalf o the Corpus Christi Police Officer 'Association. ~i0;""rr~<< JOSIE EVERETt - ~pj,,:°~= Notary Public, State of Texas y~,j~ ~i +;,,= My Commission Expires Not P lic, Sta of Texas ~„ ~~'' Actober 17, 2013 ATTEST: CITY CORPUS CHRISTI Armando Chapa City Secretary SPA (ROVED S TO LE AL FORM: Lisa Aguilar Interim City Attorney by: Veronica Ocanas Assistant City Attorney STATE OF TEXAS § COUNTY OF NUECES ~ /~ ~' el R. Escobar, P.E. City Manager This l day of ' ~ ~' 20~. ~~~.oa_ ~ AUTHORt2Ei~ ~T C~OtlIfCIL ....QI f l2~! D /~ ~~N~f~~I'~w~~l. SECRETARY 1• This instrument was acknowledged before me on this the ~~ day of~~~J/1,~~(,~ 20j ~, by Angel R. Escobar, P.E., City Manager of the City of Corpus Christi, a Texas home-rule J municipal corporation, on behalf of the corporation. Notary Pu lic, Sta f Texas Attached and Incorporated: Exhibit A: Insurance Requirements ;~_ t~Ytiotl~~ Exhibit B: List of Equipment to be provided by Lessee ? a ~'= MYCOMMISSfONEXPIRES ' ~,~~ September 24, 2012 EXHIBIT B List of Equipment provided by Lessee Boxing Ring Boxing Bags (to include mounting equipment) Speed Bags (to include mounting equipments) Boxing Gloves Jump Ropes Head Gear Tread Mills Universal Weight Set Stationary Bike Time Clock Refrigerator