HomeMy WebLinkAboutC2012-114 - 4/17/2012 - ApprovedGULF COAST GEM AND MINERAL SOCIETY
LEASE
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
WHEREAS, the City of Corpus Christi ( "City ") owns the building and facilities
located at 3933 Timon; and
WHEREAS, the Gulf Coast Gem and Mineral Society ( "Lessee "), a non - profit
organization, desires to utilize a part of the building and facilities at 3933 Timon;
NOW, THEREFORE, the parties, in consideration of the mutual promises and
covenants herein, agree as follows:
1. Term City grants a lease for a portion of the building and facilities located at
3933 Timon ( "Facility ") as depicted on the attached Exhibit A subject to all of the terms
and conditions of this Lease to the Gulf Coast Gem and Mineral Society. The term of
this Le se is for 3 years commencing on day of final Council approval, which is
q T 2012.
2. Definitions
A. City — City of Corpus Christi.
B. City Manager — City Manager of Corpus Christi or designee.
C. Council — City Council.
D. Director — Director of Park and Recreation Department or designee.
E. Facility — Building at 3933 Timon.
F. Lessee — The Gulf Coast Gem and Mineral Society.
3. Lessee Services and Responsibilities
A. City Use If Lessee is not using the Facility, City has the right to use any
or all of the Facility for recreational purposes.
B. Community Programs Lessee will provide the public lapidary classes
and lapidary workshop programs to promote interest from the general community and
Park and Recreation Senior Centers. All revenue generated from said classes will be
collected by City with the revenue to be split 65% to Lessee and 35% to City.
C. Lessee Usage Lessee may use the Facility for its meetings and as a
workshop, except that Lessee agrees to allow use of the Facility by the Park and
recreation Department to support its summer aquatics program on Corpus Christi
Beach. Lessee's use of the Facility is also subject to all other restrictions contained
herein.
2012 -114
Ord029448
4/17/12
Gulf Coast Gem and Mineral Society
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INDEXED
D. Insurance Lessee must secure and maintain at Lessee's expense during
the term of Agreement, a Commercial General Liability insurance policy with the limits
and requirements shown on the attached and incorporated Exhibit "A ". The Certificate
of Insurance must be sent to Director and a copy of City's Risk Manager and must
provide 30 days written notice of cancellation, intent to not renew or material change of
any coverage required herein. Association will provide copies of all insurance policies
to the City Attorney upon City Manager's written request.
Lessee is responsible for providing insurance coverage for any and all equipment stored
at the facility, to include any improvements made by Lessee to the Facility. It may, at its
discretion, wish to protect its equipment from theft or damage. The City will not be
responsible for any damage or loss whatsoever to or of Lessee equipment. Lessee
cannot begin operation under this Lease until it provides a certificate(s) of insurance for
all required insurance to the Director.
E. Electrical Usage Lessee agrees to pay City $45 /month toward electrical
usage.
F. Voting Accommodations This facility is a polling location for a variety of
public elections. Any and all requirements, schedules, and demands by the relative
agency conducting the election must be observed by the Lessee with no exception, at
no cost to the agency.
4. City Responsibilities
A. Capital Improvements Capital improvements which City determines are
needed will be funded by City at its discretion. City has no obligation for repair or
maintenance to the facilities.
B. Contract Person For this Lease, City's contact is the
Director of Park and Recreation.
C. Default The following will constitute events of default:
(1) Failure to maintain any item set out in Section 3 B & C
(2) Failure to maintain any insurance required by Section 3 D
(3) Failure to keep, perform, and observe all other promises,
covenants, and conditions contained in this Lease. Lessee will be notified in writing of
any default and will have 15 days to cure the default. If said default is not cured within
15 days of receipt of written notice of default, Director may provide Lessee with written
notice of termination of this Lease effective upon receipt of said termination notice.
5. Miscellaneous
(A) Concession Food /drink concession and retail sales operations by
Lessee are strictly prohibited.
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(C) Alterations Lessee will not make any additions or alterations to the
Facility without Director's prior written consent. Any permanent additions or alterations
made by Lessee will become the property of City at the expiration of this Lease.
(D) Relationship This Lease establishes a Landlord/Tenant
relationship, and none other. In performing this Lease, both City and Lessee will act in
an individual capacity and not as agents, employees, partners, joint venturers, or
associates of one another. The employees or agents of either party are not, nor
construed to be, the employees or agents of the other party for any purpose
whatsoever.
(E) Indemnity To the extent permitted by Texas Law, Lessee, its
officers, members, partners, employees, agents, and licensees ( "Indemnitors ")
hereby full indemnify, save and hold harmless the City of Corpus Christi, its
officers, employees, agents, licensees, and invitees ( "Indemnitees ") against any
and all liability, damage, loss, claims demands and actions of any nature
whatsoever on account of personal injuries (including, without limitation on the
foregoing, worker's compensation and death claims), or property loss or damage
of any kind whatsoever, which arise out of or are in any manner connected with,
or caused by, or are claimed to arise out of or be in any manner connected with,
or caused by, either proximately or remotely, wholly or in part, an act or
omission, negligence or misconduct by Indemnitors or Indemnitees or any of
Indemnitor's or Indemnitee's agents, servants, employees, contractors, patrons,
guests, licensees, or 'invitees entering upon the Premises pursuant to this Lease,
or any of the hazards associated with operation of the Gulf Coast Gem and
Mineral Society at the Facility; or the violation by Indemnitees, Lessee, or any of
its agents, servants, employees, contractors, patrons, guests, licensees, or
invitees of any law, ordinance, or governmental order of any kind, or
improvements located on the Facility herein or out of the use or occupancy of the
improvements to the Facility or the Facility itself by Indemnitees, Lessee, its
agents, servants, employees, contractors, patrons, guests, licensees, or invitees.
The terms of indemnification are effective even though said injury or damage may
result from the sole negligence, contributory negligence or concurrent
negligence of Indemnitees or any of them. Lessee must at its own expense,
investigate all those claims and demands, attend to their settlement, or other
disposition, defend all actions based thereon with counsel satisfactory to
Indemnitees and pay all charges of attorneys and all other costs and expenses of
any kind from any of said liability, damage, loss, claims, demands, or actions.
(F) Assignment This Lease may not be assigned nor sublet without the
prior written approval of the Director of Parks and Recreation.
(G) Nondiscrimination Lessee covenants that all its members and guests
will be treated equally without regard to their race, religion, national origin, sex, age, or
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disability and in compliance with all federal and state laws prohibiting discrimination in
employment.
(H) Cancellation This Lease may be canceled without cause by either
party IF the party canceling has given the other party 45 days prior written notice of the
date of cancellation.
(1) Notice All notices which may or are required to be sent under this Lease
must be sent by certified mail or hand delivered as follows:
If to City
City of Corpus Christi
Park and Recreation Department
P.Q. Box 9277
Corpus Christi, Texas 78469 -9277
Attention: Director of Park and Recreation
(361) 826 -3464
If to Lessee
Gulf Coast Gem and Mineral Society
P. 0. Box 60781
Corpus Christi, Texas 78466
Attention: Joe Grimes
(361) 767 -7045
Either party may change the address to which notice is sent by using a method
set out above. Lessee will notify City of any address change within 30 days after the
address is changed.
(J) Waiver Any waiver by the Parties of a breach of any covenants, terms,
obligations or events of default is not a waiver of any subsequent breach, nor does the
failure to require full compliance with the Lease change the terms of the Lease or estop
the Parties from enforcing the terms of the Lease.
(K) Inspection Any officer or authorized employee of City may enter upon
Facility at any time and for any purpose incidental to City's retained rights of Facility.
(L) Signs Lessee must not post signs or advertising at Facility without the
Director's prior written approval.
(M) Surrender Upon expiration or cancellation of this Lease, Lessee must
return Facility to City in reasonably good condition, ordinary wear and tear excepted.
(N) Publication Lessee agrees to pay the costs of newspaper publication of
this Lease and related Ordinance as required by the City Charter.
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SIGNED IN DUPLICATE THIS day of `� , 2012.
ATTEST:
Armando Chapa, City Secretgry
CITY OF CORPUS CHRISTI
Ronald L. Olson, City Mana e
Legal form approved on K tj--
By:
Lisa Aguilar, istant City Attorney
For City Attorney
AUTHUKULL
SFCRFTAPV
GULF COAST GEM AND MINERAL SOCIETY
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Exhibit A — Kiwanis Recreation Center
6.
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Timon Blvd
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the City.
Lessee must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of
Insurance with applicable policy endorsements showing the following minimum
coverage by an insurance company(s) acceptable to the City's Risk Manager. The City
must be named as an additional insured on the General liability policy, and a blanket
waiver of subrogation is required on all applicable policies.
z
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30- written day notice of cancellation,
Bodily Injury and Property Damage
required on all certificates or by
Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability including:
$500,000 COMBINED SINGLE LIMIT
1. Commercial Broad Form
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
(When applicable)
$1,000,000 COMBINED SINGLE LIMIT
LIQUOR LIABILITY COVERAGE
If liquor being served
Lessee will be responsible for any and
Property Coverage
all damage to equipment used
regardless if owned, rented, leased or
borrowed.
WORKERS' COMPENSATION
Applicable when employs paid
employees,
WHICH COMPLIES WITH THE
TEXAS WORKERS' COMPENSATION
ACT AND SECTION II OF THIS
EXHIBIT
EMPLOYERS' LIABILITY
$500,0001$500,0001$500,000
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Lease 2- 21- 2412.@ocx
C. In the event of accidents of any kind related to this lease agreement, Lessee
must furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable when employing paid employees, Lessee must obtain workers'
compensation coverage through a licensed insurance company. The coverage must be
written on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in an amount sufficient to
assure that all workers' compensation obligations incurred by the Lessee will be
promptly met.
B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees
right to maintain reasonable deductibles in such amounts as are approved by the City,
Lessee shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Lessee's sole expense, insurance coverage written on an
occurrence basis by companies authorized and admitted to do business in the State of
Texas and with an A.M. Best's rating of no less than A- VI1.
C. The City shall be entitled, upon request and without expense, to receive copies of
the policies, declarations page and all endorsements thereto as they apply to the limits
required by the City, and may require the deletion, revision, or modification of particular
policy terms, conditions, limitations or. exclusions (except where policy provisions are
established by law or regulation binding upon either of the parties hereto or the
underwriter of any such policies). Lessee shall be required to comply with any such
requests and shall submit a copy of the replacement certificate of insurance to City at
the address provided below within 10 days of the requested change. Lessee shall pay
any costs incurred resulting from said changes. All notices under this Article shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Management and
Director of Parks and Recreation
P.O. Box 9277
Corpus Christi, TX 78469.9277
D. Lessee agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations
and activities of, or on behalf of, the named insured performed under contract
g.
Lease 2- 21- 2012.docx .
with the City, with the exception of the workers' compensation and professional
liability polices;
e Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
m Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non- renewal or material change in coverage, and not
less than ten (10) calendar days advance written notice for nonpayment of
premium.
E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of
coverage, Lessee shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Lessee's performance
should there be a lapse in coverage at any time during this contract. Failure to provide
and to maintain the required insurance shall constitute a material breach of this
contract.
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F. In addition to any other remedies the City may have upon Lessee's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Lessee to stop work
hereunder, and /or withhold any payment(s) which become due to Lessee hereunder
until Lessee demonstrates compliance with the requirements hereof.
G. Nothing .herein contained shall be construed as limiting in any way the extent to
which Lessee may be held responsible for payments of damages to persons or property
resulting from Lessee's or its subcontractor's performance of the work covered under
this agreement.
H. It is agreed that Lessee's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of operations Under this agreement.
1. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
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