HomeMy WebLinkAboutC2011-254 - 7/5/2011 - NALICENSE AGREEMENT FOR TEMPORARY SPACE
This License Agreement (hereinafter referred to as "AGREEMENT ") is entered into thi of &c.Y
2011, by and between CORPUS CHRISTI RETAIL VENTURE, LP c/o TRADEMARK PROPERTY COMPANY
(hereinafter referred to as "LICENSOR "), and the CITY OF CORPUS CHRISTI, a Texas home rule municipal
corporation, for the CORPUS CHRISTI POLICE DEPARMENT (hereinafter referred to as "LICENSEE ").
WHEREAS the LICENSOR and LICENSEE had previously entered into an agreement for a term of one year
which expired on June 30, 2010, and LICENSEE has been on a month -to -month agreement since July 1,
2010.
WHEREAS the LICENSOR and LICENSEE agree to renew the agreement for an additional term of one year
with an option to renew annually.
NOW THEREFORE, and in consideration of the following promises, covenants, and conditions, the
LICENSOR and LICENSEE (hereinafter referred to as "PARTIES ") agree as follows:
1. PERMISSION TO ENTER AND USE THE PREMISES.
The LICENSOR do hereby authorize and grant LICENSEE the exclusive right to occupy and use,
subject to the terms and provisions hereto, of the premises located at 5488 South Padre Island
Drive, Space #1572 (an inline space), Corpus Christi, Nueces County, Texas (hereinafter referred to
as "PREMISES" in the attached Exhibit `A'). LICENSEE may enter, access, and use the PREMISES for
activities such as, but not limited to, conducting briefings, meetings, trainings, completion of
reports, or other related activities necessary to carry out the police department purposes at any
time.
2. TERM.
The initial term of this agreement is for one year commencing on July 1, 2011 and ending on June
30, 2412.
3. RENT AND UTILITIES.
The LICENSOR agrees not to charge LICENSEE monthly rent or utilities, excluding telephone and data
connection.
4. HOURS OF OPERATION.
The hours of operation for the PREMISES will be determined by the chief of police or his /her
designee.
5. SETUP AND MAINTENANCE
LICENSOR agrees to provide LICENSEE with office furniture, and LICENSEE agrees to provide all other
equipments for LICENSEE use on PREMISES. LICENSEE agrees to keep its PREMISES in good, clean
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Corpus Christi Retail Venture INDEXED
and safe condition, and dispose of trash, rubbish and waste in the trash receptacle designated by
LICENSOR. LICENSEE further agrees to keep all cords, wires, and equipment on the PREMISES
secured or taped down when and where applicable.
6. NO INTERFERENCE.
The LICENSOR agrees not to interfere with LICENSEE authorized use and access of PREMISES during
the term of this AGREEMENT.
7. LICENSEE'S SELF - INSURANCE AND LIABILITY.
The LICENSEE is self - insured. Therefore, and in full consideration of the promises, covenants, and
conditions herein, LICENSEE shall provide and attach, as Exhibit "B ", a letter verifying the LICENSEE'S
self- insurance status, signed by the LICENSEE'S Risk Manager. Liability of the LICENSEE, if any, shall
be expressly limited to LICENSEE'S USE of the PREMISES only and in accordance to the Texas Tort
Claims Act.
8. ENTIRE AGREEMENT,
This AGREEMENT constitutes the entire agreement between the PARTIES relating to the use of the
PREMISES. Any prior agreements, promises, negotiations, or representations not expressly set forth
herein are of no force and effect.
9. WRITTEN AMENDMENT.
Unless otherwise provided herein, the AGREEMENT may be amended only by written instrument
duly executed on behalf of each party. No officer or employee of any of the PARTIES may waive or
otherwise modify the limitations in this AGREEMENT, without the express action of the PARTIES.
10. SEVERABILITY.
If any term 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.
11. TERMINATION.
In accordance with the terms of this AGREEMENT, the LICENSOR and /or LICENSEE may terminate
this AGREEMENT by giving a thirty (30) days written notice to the other party. On the expiration of
the term of this AGREEMENT, LICENSEE agrees to return the PREMISES in a clean condition or
restored it to at least as good a condition as it was when LICENSEE took possession.
12. SUCCESSORS.
This AGREEMENT shall bind and benefit the PARTIES and their legal successors.
13. GOVERNING LAW AND VENUE.
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This AGREEMENT shall be governed and construed in accordance with the laws of the State of Texas,
and venue lies exclusively in Nueces County, Texas.
14. CONTACTS & NOTICES.
All Notices required under this AGREEMENT must be sent to the attention of the Contact Person,
addressed as follows:
LICENSOR: CORPUS CHRISTI RETAIL VENTURE, LP
c/o TRADEMARK PROPERTY COMPANY
ATTN: Fred T. Walters, General Manager
5488 South Padre Island Drive, Suite 2000
Corpus Christi, TX 78411
Telephone: 361- 991 -3755
Facsimile: 361- 993 -5631
LICENSEE: CITY OF CORPUS CHRISTI — POLICE DEPARTMENT
ATTN: Captain Denny Asbury or
Commander Mark Schauer
321 John Sartain
Corpus Christi, TX 78401
Telephone: 361 - 826 -8300
Facsimile: 361- 882 -2058
15. EXECUTED by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT,
below, are of those persons with the capacity and authority to legally bind the PARTIES.
CORPUS CHRISTI RETAIL VENTURE, LP
c/o TRADEMARK PROPERTY OMP NY:
By:
Name: tra. e4
Title: GCv - v.L CRan
Date
CITY OF CCMPUS
Ronald L.
City Manager
Troy Riggs, Chief of Police
Corpus Christi Police Department
- 7-5-11
Date
Date
W
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APPROVED AS TO LEGAL FORM: A d j ay of �� �+� , 2011
T. Trislfa Dang
Assistant City Attorney
For City Attorney
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EXHIBIT A
Laity of
May 2b, 2011
Cot -pus
Christi
Corpus Christi Retail Venture, LP
Trexac78 -9277
c/o Trademark Property Company
Phone 361-826-3300
Attention: Fred T. Walters, General Manager
Fax 361 -826 -3322
5488 South Padre Island Drive; Suite 2000
Corpus Christi, Texas 78411
HUMAN RESOURCES
$500,000 for each single occurrence.
3
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Dear Mr. Walters:
1 13m 9277
Corpus Chrhti
The City of Corpus Christi is. a sel f insured public entity as allowed by the State of
Trexac78 -9277
Texas for General Liability, Auto Liability, and Workers' Compensation. Liability
Phone 361-826-3300
limits arc established by the Texas Tort Claims Act. The City of Corpus Christi's
Fax 361 -826 -3322
liability tinder the Act is limited. Under the Act, liability in cases of personal
injuries or death is limited to a maximum amount of' $250,000 per person and
Ifealih Benefits-
$500,000 for each single occurrence.
Fax 161-844-1730
Risk Managenwit
The Risk Liability .Fund is funded by the City of Carpus Christi in accordance with
F:uc 3b i -$26 -3697
generally accepted accounting practices through actuarially calculated annual
uww.cclexas.com
contributions. Information regarding filing a claim with the City of Christi
can be obtained from the Risk Management office at City Hall, 1201 Leopard
Street, Carpus Christi, Texas 78401, or by phone at (361) 826 -3300.
Sincerely,
Donna James - Spruce
Risk Manager
DJS /vlt
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