HomeMy WebLinkAboutC2012-127 - 4/24/2012 - ApprovedLONG TERM LEASE AGREEMENT
GIRL SCOUTS OF GREATER SOUTH TEXAS
THE STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, the City of Corpus Christi has certain lands adjacent to its water
reservoir located on the Nueces River near the City of Mathis; and
WHEREAS, portions of said land are intermittently used in connection with said
reservoir, and request has been made for use of portions of said lands by Girl Scouts of
Greater South Texas, and such use will be subordinate to the use by the City of Corpus
Christi of said lands.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the City of
Corpus Christi, hereinafter referred to as "City," acting herein by and through its City
Manager, for and in consideration of the agreements herein contained by the Girl
Scouts of Greater South Texas, a Texas nonprofit corporation, hereinafter referred to as
"Lessee," do hereby enter into the following lease agreement:
DESCRIPTION OF PREMISES.
The City of Corpus Christi, subject to the terms and conditions set forth herein,
does hereby lease to Girl Scouts of Greater South Texas, the following described land
and premises:
A 38 acre tract of land, more or less, located adjacent to the water
reservoir of the City of Corpus Christi formerly owned by the Lower
Nueces River Water Supply District, south of the City of Mathis, Texas,
and being the same tract referred to as "First Tract" in Lease Agreement
dated April 10, 1958, between the City of Corpus Christi, The Lower
Nueces River Water Supply District, and State Parks Board of the State of
Texas; and additionally,
Approximately 38 acres located adjacent to and north of the present Girl
Scout Area;
Beginning at the northwest corner of the Kate Jones Tract described in
Volume 105; Page 153, of the Deed Records of San Patricio County,
Texas;
THENCE N 34 "42'E, a distance of 200 feet to the point of beginning of the
tract herein described on the east line of said tract;
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Girl Scouts of Greater South Tx INDEXED
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THENCE N 34 a distance of 800 feet to the northeast corner of this
tract;
THENCE N 47 °43'30 "W, a distance of 1,816 feet to a point for the
northwest corner of this tract;
THENCE S 34 °42'W, a distance of 1,040 feet to a point on the west line of
this tract;
THENCE S 55 °18'E, a distance of 1,800 feet to the PLACE OF
BEGINNING;
Containing approximately 38 acres of land. ( "Premises" or "Leased
Premises ")
2. TERM.
This Lease shall be for an Original Term beginning sixty (60) days after final
approval by City Council and expiring on December 31, 2041 (approximately thirty
years).
3. RENT.
3.1 Amount. Rental for the Leased Premises shall be paid in annual
installments and shall be the sum of One Dollar $1.00 per year, the receipt and
sufficiency of which are hereby acknowledged.
3.2 As additional consideration for this Lease, Lessee agrees to construct
improvements at the Leased Premises and maintain them in good condition, with
annual value of improvements and maintenance to be at least $12,000.00 per year,
adjusted annually by the Consumer Price Index.
3.3 As additional consideration for this Lease, Lessee agrees to allow Lessor
free use of the Premises and Improvements at the Premises for Lessor - sponsored
events, on mutually agreed upon dates, for a maximum of four events per year.
4. USE OF PREMISES.
4.1 Use. It is agreed that the Premises shall be used for no other purposes than
for the recreational activities of Girl Scouts of Greater South Texas, Lessee herein, and
the activities sponsored by Lessee for the benefit of the public.
4.2 Improvements. It is further agreed and stipulated that Lessee may erect on
such Premises such buildings as it may desire to erect for the purpose of carrying out
and aiding the recreational activities of Lessee, provided, however, that no such building
shall be erected without the prior written approval of the Director of Water Operations
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for the City of Corpus Christi, and no such building shall be erected that would interfere
in any manner with the ingress and egress to said Premises by City, its agents, and
employees, in carrying out such municipal purposes for which said Premises was
acquired; and, it further being understood that City shall not be liable in any respect for
any taxes incurred by said Lessee as the result of building and erecting structures of
other improvements on said Premises, and Lessee shall pay such taxes before they
become delinquent, if any are assessed.
4.2.1. Before constructing any improvements, Lessee must have an assessment
of the septic tank system and its ability to treat increased flows.
4.2.2 Lessee shall have the plans and specifications for the improvements
prepared by state - licensed architects or engineers. LESSEE shall submit
a copy of the plans and specifications to the City Manager or designee
( "City Manager") for review and approval. If not approved by the City
Manager, the City Manager shall furnish his written objections to LESSEE
along with the requested changes that will make the plans and
specifications acceptable.
4.2.3. LESSEE shall require the contractors who are awarded contracts for
construction of the improvements to furnish the following bonds by surety
companies authorized to do business in Texas:
4.2.3.1 Payment _Bond - A payment bond in the amount of One
Hundred Percent (100°/x) of the contract shall be furnished for the
protection of all persons, firms and corporations who may furnish
materials or perform labor. The payment bond shall be made with
City as an Obligee.
4.2.3.2 Performance Bond - A performance bond in the amount of
One Hundred Percent (100°/x) of the Contract shall be furnished
covering the faithful performance of the contract. The performance
bond shall be made with City as an Obligee. If the City Attorney
determines that Texas law does not require performance bond for
the improvements, then the performance bond requirement is
waived.
4.2.4. LESSEE shall include in all construction agreements for any
improvements, the following provisions:
4.2.4.1. Contractor does hereby agree to waive all claims, release,
indemnify, defend and hold harmless City and all of its officials,
officers, agents and employees, in both their public and private
capacities, from and against any and all liability, claims, losses,
damages, suits, demands or causes of action including all
expenses of litigation and /or settlement, court costs and attorney
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fees which may arise by reason of injury to or death of any person
or for loss of, damage to, or loss of use of any property occasioned
by error, omission, or negligent act of Contractor, its officers,
agents, employees, subcontractors, invitees or any other person,
arising out of or in connection with the performance of this
agreement, and Contractor shall at his or her own cost and
expense defend and protect the City of Corpus Christi from any and
all such claims and demands.
4.2.4.2. In any and all claims against any party indemnified
hereunder by any employee of Contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification
obligation herein provided shall not be limited in any way by any
limitation on the amount or type of damages, compensation or
benefits payable by or for Contractor or any subcontractor under
workman's compensation or other employee benefit acts.
4.2.5. LESSEE shall also require the contractors, in all LESSEE construction
agreements for the improvements to furnish insurance in the amounts specified
in the attached Exhibit and include in all construction agreements for the
improvements the following language:
"Prior to commencement of any activity on City of Corpus Christi's
property, Contractor shall purchase and maintain during the term of
this contract, at its own expense, hereinafter stipulated minimum
insurance with companies duly authorized to do business in the
State of Texas. Contractor shall not allow any subcontractor to
commence work until all similar insurance of the subcontractor has
been obtained. All insurance policies provided under this
Agreement shall be written on an 'occurrence' basis."
"It is agreed by all parties to this Agreement that the insurance
required under this Agreement shall:
a. Be written with the City of Corpus Christi and LESSEE as an
additional insured on applicable policies and that the policy phrase
"other insurance" shall not apply to the City of Corpus Christi where
the City of Corpus Christi is an additional insured shown on the
policy.
b. Provide for thirty (30) days notice of cancellation to the City
of Corpus Christi, for nonpayment of premium, material change or
any other cause.
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C. Be written through companies duly authorized to transact
that class of insurance in the State of Texas.
d. Waive subrogation rights for loss or damage so that insurers
have no right to recovery or subrogation against the City of Corpus
Christi, it being the intention that the required insurance policies
shall protect all parties to the Agreement and be primary coverage
for all losses covered by the policies.
e. Provide a Certificate of Insurance evidencing the required
coverages to:
Donna James - Spruce
Risk Manager
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469 -9277
Gustavo Gonzalez, P.E.
Director of Water Operations
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469- 9277"
4.2.6. LESSEE agrees that all work to be performed by it or its contractors,
including all workmanship and materials, shall be of first -class quality and shall
be performed in full compliance and in accordance with all federal, state and
local laws, ordinances, codes and regulations, and the work shall be subject to
City inspection during the performance thereof and after it is completed.
However, the City shall have no duty to inspect. All proposed improvements at
the Premises must be reviewed and permitted through City of Corpus Christi
Development Services.
4.2.7. LESSEE shall discharge all obligations to contractors, subcontractors,
materialmen, workmen and/or other persons for all work performed and for
materials furnished for or on account of LESSEE as such obligations mature.
LESSEE expressly agrees that it will neither give nor grant, nor purport to give or
grant any mechanic's or materialmen's lien upon the CITY's property or upon any
improvements thereupon in the process of construction or repair, nor allow any
condition to exist or situation to develop whereby any party should be entitled, as
a matter of law, to a mechanic's or materialmen's lien against the City's property
or improvements thereon, and LESSEE shall discharge that lien within thirty (30)
days after notice of filing thereof.
4.2.8. All plans and specifications referred to above and all construction upon the
City's property shall comply with all applicable federal, state or municipal laws,
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ordinances, rules, regulations and requirements. During the progress of all work,
City's duly authorized representative may enter upon the premises and make
such inspections as may be reasonably necessary for the purpose of satisfying
CITY that the work or construction meets the requirements or standards.
429. Before any work on City property begins, LESSEE shall present the City
Director of Engineering, the City Risk Manager, and the City Manager with
evidence of Contractor's insurance coverages, and City building and construction
permits.
4.2.10. The complete cost of developing all necessary plans and specifications
and the cost of construction of the improvements by LESSEE shall be borne
solely by LESSEE and be at no expense to City whatsoever. LESSEE shall pay
all taxes, special assessments, or levies, if any, assessed during the term against
or relating to the improvements, including ad valorem taxes pursuant to the
Texas Property Tax Code, if any, until ownership of the Improvements is
transferred to the City at the end of the term of this Agreement.
4.2.11 Any warranties given to the LESSEE regarding the improvements shall
be transferred and assigned to City at the same time as the improvements are
transferred to the City.
4.2.12. In the event of damage or destruction to the improvements, City shall
have no obligation to repair or rebuild the improvements or any fixtures,
equipment or other personal property installed by LESSEE. However, if said
damage or destruction occurs prior to City's acceptance of the improvements,
any insurance proceeds from any casualty loss shall be applied to the repair or
rebuilding of the improvements, which will be the extent of LESSEE's obligation
for repair.
5. INSPECTIONS
5.1 Lessee must conduct an initial inventory of all improvements on the
property and deliver to City of Corpus Christi Real Estate Section within 90 days of the
execution of the lease.
5.2 Lessee must have a professional engineer or sanitary engineer conduct
an inspection of the septic tank or tanks and drainfield biannually and provide a written
report to the Director of Water Operations. The first inspection and report must be
provided by October 1, 2012. Thereafter, a new inspection and report will be provided
by Lessee each six months.
6. TERMINATION.
6.1 Termination with cause. In the event of Lessee's breach of any provision
of this Lease, Lessor shall provide Lessee with written notice of the breach, and give
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Lessee thirty (30) days to cure. If the breach remains uncured, then Lessor may
terminate this Lease by providing Lessee with written notice of termination.
6.2 In the event that a court finds that this agreement is not in compliance with
applicable Federal, State of local laws, then the parties agree to terminate this lease
within sixty (60) days of court ruling and renegotiate new agreement with terms that are
mutually satisfactory.
6.3 In the event Lessee ceases to utilize the Premises for its intended
purposes for period of one year or longer, then the Lessor may terminate this lease after
providing Lessee with thirty days written notice of default and opportunity to cure.
7. CONDITION OF LEASED PREMISES.
7.1 No Warranty. LESSOR GIVES NO WARRANTY, EXPRESS OR
IMPLIED, AS TO THE CONDITION OF THE PREMISES OR ANY IMPROVEMENTS
THEREON, INCLUDING NO WARRANTY FOR HABITABILITY OR FITNESS FOR A
PARTICULAR USE.
7.2 Improvements. It is agreed that Lessee, subject to the prior approval of
the City Manager, shall have the right from time to time at its sole cost and expense, to
construct on the Leased Premises such buildings and other improvements, as deemed
necessary for the purpose of conducting Lessee's activities, the complete direction and
control of which shall be the responsibility and prerogative of the Board of Directors of
Lessee.
7.3 Permits. Any permit for improvement to the property under this Lease
Agreement must comply with the terms of this Lease Agreement, and all applicable City,
State and Federal laws, codes and regulations.
7.4 Maintenance. Lessee agrees to keep, repair and maintain any and all
structures in place, erected, or caused to be erected or placed on the Leased Premises
in good condition and appearance, and further agrees to keep said Premises in neat
and clean condition, including prompt removal of all trash, litter, debris and junk.
7.5 Failure to Maintain. In the event Lessee shall flail to keep said Premises
and improvements in a manner acceptable to the City of Corpus Christi, then the City
Director of Water Operations, after reasonable notice, shall have the power and express
authority to cause or require the Premises to be cleaned, cleared or mowed, and
Lessee expressly authorizes the cost of any such cleaning, clearing or mowing to be
added to the annual rental payment with interest at the rate of six percent (6 %) per
annum, beginning thirty (30) days from the date on which the work was completed, until
such cost is paid in full.
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8. LIMITATIONS OF LESSEE IN LEASED PREMISES.
8.1 Reservations. Lessor, its agents and assigns, reserves the privilege and
right at any time to execute and deliver valid oil, gas, and other mineral leases upon the
Premises, valid right of way easements for gas, oil, or water pipelines, telephone, cable
electric or other utility pole transmission lines on said Premises, or any part thereof, and
in such event, this Lease Agreement shall be subject and subordinate to the rights,
terms, and privileges of any such oil, gas, and other mineral lease or such easements
as may have been executed heretofore or hereafter by Lessor, its agents or assigns.
8.2 Easements. An easement across the Premises is hereby retained by
Lessor for the purpose of laying sewer and water lines and /or for necessary rights-of-
way for roads, alleys, or other throughways.
8.3 No Assignment or Subletting. Lessee will not assign or sublet this Lease
Agreement, in whole or in part, without the written consent of Lessor.
8.4 No Encumbrances. Lessee shall not have the right to encumber the
Leased Premises without the prior written consent of the City Council.
8.5 Lessor's Right to Enter. At all times, Lessor or its agents shall have the
right to enter said Premises during reasonable hours for the purpose of examining and
inspecting the same and determining whether Lessee shall have complied with all of its
obligations hereunder in respect to all the terms and conditions of this Lease
Agreement. When camp is occupied Lessor or agent shall immediately report to
GSGST representative upon entering Premises.
8.6 This Lease shall be subject to the continued uses by City of said Premises
as a part of a municipal water supply system, including the use thereof for the drilling of
wells and the production of water, gas, and other minerals therefrom.
8.7 This lease shall also be subject to all outstanding agreements heretofore
executed by the former Lower Nueces River Water Supply District and City, and the
uses and activities by the Lessee shall be subject at all times to the uses by City, its
agents, and employees of such Premises for the municipal purposes for which said
property was acquired.
8.8 City reserves all oil, gas, uranium, lignite, and other mineral interests,
together with the right of ingress and egress for the exploration, development,
production, transportation, and processing the products hereof, in, under, or concerning
said Premises or any part thereof, which the City or its assigns have or may have.
8.9 City also reserves the right to use said Premises as an evacuation area in
case of disaster or enemy attack.
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9. DEBTS RELATED TO LEASED PREMISES.
9.1 Taxes. Lessee shall pay and discharge all taxes, general and special
assessments, and other charges of every description which during the term of this
Lease Agreement may be levied on or assessed against the Leased Premises and all
interest therein and all improvements and other property thereon, whether belonging to
Lessor or Lessee, or to which either of them may become liable. Lessee shall pay all
such taxes, charges, and assessments to the public officer charged with the collection
thereof not less than fifteen (15) days before the same shall become delinquent, and
Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges,
and assessments.
9.2 Incidental Charges Lessee shall pay or cause to be paid all incidental
charges, including, but not limited to, permit fees incurred in connection with its
operations and use of the Leased Premises.
9.3 Utilities Lessee shall pay or cause to be paid all charges for water,
sewer, gas, electricity, trash pick -up, cable, and any and all other utilities used on the
Leased Premises throughout the term of this Lease Agreement, including any
connection fees. The City of Corpus Christi reserves the right to request that the water
well be metered to record water consumption. If the water well is used for irrigation or
gray water, pumpage must be limited as directed by the City Director of Water
Operations or his designee. Lessee remains responsible to test water quality at the
Premises to insure quality meets applicable Federal, State, and local standards and
regulations.
10. COVERAGES
10.1 Indemnification
10.1.1 General Indemnification Lessee agrees to indemnify, defend, and
hold City of Corpus Christi, its council members, board and commission
members, officials, agents, guests, invitees, consultants and employees,
hereinafter called "Indemnitees," free and harmless from and against any
and all claims, demands, proceedings, suits, judgments, costs, penalties,
fines, damages, losses, attorneys' fees and expenses asserted by any
person or persons, including agents or employees of Lessee or City, by
reason of death or injury to persons, or loss or damage to property,
resulting from or arising out of, the violation of any law or regulation or in
any manner attributable to any act of commission, omission, negligence or
fault of Lessee, its agents or employees, or the joint negligence of Lessee
and any other entity, as a consequence of its execution or performance of
this Contract or sustained in or upon the Premises, or as a result of
anything claimed to be done or admitted to be done by Lessee hereunder.
The Lessee shall fully indemnify, save, and hold harmless the Indemnitees
against any and all liability, damage, loss, claims, demands, and actions of
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any nature whatsoever on account of personal injuries, including, without
limitation on the foregoing, workers' 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 are claimed to arise out of or be in any
way connected with, the use of these Premises and Improvements unless
such injury, loss, or damage shall be caused by the sole negligence of
Indemnitees. Lessee shall, at Lessee's own expense, investigate all such
claims and demands, attend to their settlement or other disposition,
defend all actions based thereon, and pay all charges of attorneys and all
other costs and expenses of any kind arising from any such liability,
damage, loss, claims, demands, and actions. Lessee shall assume full
responsibility for the safety of all persons and property using said
Premises, including without limitation Lessee's guests, invitees,
employees, and licensees. This indemnification shall survive the term of
this Contract as long as any liability could be asserted. Nothing herein
shall require Lessee to indemnify, defend or hold harmless any
indemnified party for the indemnified party's own gross negligence or
willful misconduct.
10.1.2 Prospective Application Any and all indemnity provided for in this
Contract shall survive the expiration of this Contract and the discharge of
all other obligations owed by the parties to each other hereunder and shall
apply prospectively not only during the term of this Contract but thereafter
so long as any liability (including but not limited to liability for closure and
post closure costs) could be asserted in regard to any acts or omissions of
Lessee in performing under this Contract.
10.1.3 Retroactive Application. The indemnity provided for in this Contract
shall extend not only to claims and assessments occurring during the term
of this Contract but retroactively to claims and assessments which may
have occurred during the term of previous agreements between City and
Lessee.
10.2 Insurance. Lessee shall comply with all insurance requirements in the
attached Exhibit.
11. SURRENDER OF PREMISES
11.1 Restoration Within thirty (30) days after the expiration or termination of
this Lease, Lessee agrees to quit and surrender the said Premises in as good state and
condition as the reasonable use and wear thereof will permit, and in such case, Lessee
may remove all the personal property owned by it on said Premises, provided that
removal will not destroy the Premises, or that any such destruction shall be repaired at
Lessee's cost within thirty (30) days of removal.
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11.2 Delivery. Lessee agrees to promptly and peacefully deliver possession of
the Leased Premises and improvements to Lessor upon termination of this Lease
Agreement.
11.3 In no event shall Lessor be required to reimburse Lessee for improvements
which remain on the Premises or expenses incurred by Lessee in connection with
removal of the improvements.
11.4 Abandoned Property All items of personal property and the current
improvements owned by Lessee remaining in or on the Leased Premises after the
expiration of sixty (60) days following the termination of this Lease Agreement shall be
deemed abandoned by Lessee and shall become the property of Lessor.
12. MISCELLANEOUS.
12.1 Invalid or Illegal Provisions If any clause or provision of this Lease
Agreement is illegal, invalid, or unenforceable under present or future laws effective
during the term of this Lease Agreement, then and in that event, it is the intent of the
parties that the remainder of this Lease Agreement shall not be affected. It is also the
Intent of the parties to this Lease Agreement that in lieu of each clause or provision of
this Lease Agreement that is illegal, invalid, or unenforceable, there are added as a part
of this Lease Agreement a clause or provision as similar in terms to such illegal, invalid,
or unenforceable clause or provision as may be possible to be legal.
12.2 Terms of the Essence IT IS FURTHER UNDERSTOOD AND AGREED
BETWEEN THE PARTIES HERETO THAT EACH AND EVERY TERM, STIPULATION
AND RESTRICTION CONTAINED HEREIN IS OF THE ESSENCE TO THIS LEASE
AGREEMENT, THE VIOLATION OF WHICH SHALL ENTITLE LESSOR, AT ITS
OPTION, TO TERMINATE THIS LEASE AGREEMENT. FAILURE TO EXERCISE
SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF
ANY CONDITION OF THIS LEASE AGREEMENT.
12.3 Remedies
12.3.1 Upon Termination Any termination of this Agreement shall
not relieve Lessee from the payment of any sum or sums
that then shall be due and payable to Lessor hereunder, or
any claim for damages then or theretofore accruing against
Lessee hereunder, and any such sum or sums or claim for
damages by any remedy provided by law, or from recovering
damages from Lessee for any default thereunder.
12.3.2 Cumulative Remedies All rights, options, and remedies of
Lessor contained in this Lease Agreement or otherwise shall
be construed and held to be cumulative, and no one of them
shall be exclusive of the other, and Lessor shall have the
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right to pursue any one or all such remedies or any other
remedy or relief which may be provided by law, whether or
not stated in this Lease Agreement.
12.3.3 Reimbursement of Lessor's Expenses Lessee shall pay on
demand all of Lessor's expenses including, but not limited to,
attorney's fees and court costs incurred in enforcing any of
Lessee's obligations under this Lease Agreement, which
include, but are not limited to, collection of annual rental fees
and collection of utility payments, taxes, and other legitimate
assessments.
12.4 No Waiver. No waiver by Lessor of a breach of any of the covenants,
conditions, agreements, or restrictions of this Lease Agreement shall be construed or
held to be a waiver of any succeeding or preceding breach of the same or any other
covenant, condition, or restriction herein contained.
12.5 Notices Any notice or demand that either party desires or is required to be
given by this Lease Agreement shall be in writing and shall be deemed sufficient if sent
by United States certified mail, return receipt requested, postage prepaid to the
following:
If to Lessor: City of Corpus Christi
Attn: City Manager
P.O. Box 9677
Corpus Christi, Texas 78401
City of Corpus Christi
Attn: Director of Water Operations
P. O. Box 9677
Corpus Christi, Texas 78401
If to Lessee: GIRL SCOUTS OF GREATER SOUTH TEXAS
Attn: Chief Executive Officer
Harlingen Service Center
202 E. Madison
Harlingen, Texas 78550
12.6 Amendments No modification of this Lease Agreement shall be binding
unless it be in writing and executed in due form by all of the parties hereto.
12.7 Easements and Restrictions Lessee takes this Lease Agreement and the
Leased Premises subject to all recorded easements and restrictions affecting the
occupation and use thereof, and subject to all statutes, ordinances, and regulations of
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competent governmental authority affecting the occupancy and use thereof, and the
construction and maintenance of improvements thereof.
12.8 Relationship of Lessor and Lessee The relationship between Lessor and
Lessee at all times shall remain solely that of Landlord and Tenant and shall not be
deemed a partnership or joint venture.
12.9 Headings. The paragraph headings contained herein are for convenience
and reference and are not intended to define, extend, or limit the scope of any
provisions of this Lease Agreement.
12.10 Interpretation This Agreement shall be construed in accordance with the
laws of the State of Texas.
12.11 Anti - Discrimination Lessee agrees that it will not violate any federal,
state, civil rights, or discrimination laws. A finding of violation of any such laws by a
trial court or appropriate state or federal agency is a material breach of this agreement
which may result in the termination of the agreement or such other remedy as Lessor
may deem appropriate.
12.12 Compliance with ADA. Lessee agrees to comply fully with the provisions
of the Americans with Disabilities Act and to make any and all displays, events, or
activities on Leased Premises accessible to individuals with disabilities.
12.13 Hold Over It is distinctly understood and agreed by and between Lessor
and Lessee that any holding over by Lessee of the herein demised Premises after the
expiration of this Lease Agreement shall operate and be construed only as a tenancy
from month to month, terminable at the will of Lessor.
12.14 Compliance with Laws Lessee further agrees, and it is part of the
consideration hereof, to obey any and all rules and regulations enacted by City
governing the activities of persons, boats, etc:, on Lake Corpus Christi adjacent to the
Premises and for the protection of the waters of said Lake from contamination as a
water supply reservoir of the City of Corpus Christi, Texas. Lessee shall comply with all
applicable Federal, State and Local laws and regulations.
12.15 Venue. Venue for any disputes regarding this lease shall be the courts of
Nueces County, Texas.
12.16 Entire Agreement The Lease Agreement constitutes the entire agreement
between the parties hereto, and Lessor is not bound by any agreement, stipulation or
representation made by any agent, employee, or official of Lessor.
12.17 This Lease Agreement was executed in duplicate originals.
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ATTEST:
Armando Chapa Cit ecretary
LESSOR;
CITY OF CORPUS CHRIST!
By:
Ronald L. Olson, City ManagW
Approved as to Lega form: �' ��J — 2012
By: N. , m
Lisa Aguilar, Assistant City Attorney
for City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
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This instrument was ackr awled , Xffor me on the day of
m , 2012, by qty 'Manager for CITY OF CORPUS
CHRISTI, A Texas home rule municipal corporation, on behalf of said corporation.
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TAMERA L. RILEY
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notary Public Notary Public, State of Texas
STATE OF TEXAS
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My Comm. Exp. 05- 26.2012
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LESSEE: Girl Scouts of Greater South Texas
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Deborah Branch
Chair of the Board of Directors
THE STATE OF TEXAS §
COUNTY OF CAMERON §
This instrument was acknowledged before me on the Iq i4 day of M AJ, ac /A'
2012, by Deborah Branch as Chair of the Board of Directors of the GIRL SCOUTS OF
GREATER SOUTH TEXAS, a Texas non - profit corporation, on behalf of said
corporation.
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• ¢ 1 Notary Public, State of 'texas
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Notary Public, State of Texas
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INSURANCE REQUIREMENT EXHIBIT
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.
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:
$1,000,000 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
Lessee will be responsible for any and
Property Coverage
all damage to property or equipment
used regardless if owned, rented,
leased or borrowed.
WORKERS' COMPENSATION
Applicable for paid employees,
WHICH COMPLIES WITH THE
TEXAS WORKERS' COMPENSATION
ACT AND SECTION II OF THIS
EXHIBIT
EMPLOYERS' LIABILITY
$500,000 /$500,000 /$500,000
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.
H. ADDITIONAL REQUIREMENTS
A. Applicable for 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- VII.
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 Manager and
Water Dept. Director
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
with the City, with the exception of the workers' compensation policy;
• 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
• 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.
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 subcontractors 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.
It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.