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Home My WebLink AboutC2012-309 - 7/30/2012 - NALICENSE AGREEMENT FOR TEMPORARY SPACE This License Agreement (hereinafter referred to as "AGREEMENT ") is entered into this -3 , 0 of 2012, 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, and its CORPUS CHRISTI POLICE DEPARTMENT (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, 2012, and LICENSEE has been on a month -to -month agreement since July 1, 201 L 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. PAN Ira JIM The initial term of this agreement is for one year commencing on July 1, 2012 and ending on June 30, 2013. 3. RENT AND UTILITIES. The LICENSOR agrees not to charge LICENSEE monthly rent or utilities, excluding telephone and data connection. 2012 -309 7130112 A CC Retail Venture LP INDEXED 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 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. S. 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, this 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. 2 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 before LICENSEE took possession. 12. SUCCESSORS. This AGREEMENT shall bind and benefit the PARTIES and their legal successors. 13. GOVERNING LAW AND VENUE. 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: to LICENSOR: CORPUS CHRISTI RETAIL VENTURE, LP c/o TRADEMARK PROPERTY COMPANY ATTN: Fred T..Walters, General Manager 5488 South Padre Island Drive Corpus Christi, Texas 78411 Telephone: 361-091-3755 Facsimile: 361 -993 -5631 to LICENSEE: CITY OF CORPUS CHRISTI — POLICE DEPARTMENT ATTN: Captain Denny Asbury or Commander Mark Schauer 321 John Sartain Corpus Christi, Texas 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 COMPANY: By: Fred Walters General Manager CITY OF CORPUS By: Ron ld L. lson City alter Floyd Simpson, Chi f Police City of Corpus Christi Police Deparhnenl Approved as to legal form: 7 B V Buck Brice Assistant City Attorney For City Attorney 2012 4 Date Date Bld1'q-- Date - -; wI 1T4 � x1 *11,4519 F I I I # Rcm k" � ±6351 � I 0 1 MFOOLMH I Aul d 1 K115E00TLOCa ±2,411 C. 1596 I y k ' .1566 iWEST j «1.565s1 I 04W N fi51WA6� � o S ±1,24fi� � � ,�• I � f58fi 1510 ; iSTt 200 It m . r � W I I � 2f - �a — Jer.- EXHIBIT A r ■rwrM City of June 28, 2012 Corpus Christi Corpus Christi Retail Venture, LP c/o Trademark Property Company Attention: Fred T. Walters, General Manager LEGAL DEPARTMENT 5488 South Padre Island Drive, Suite 2000 Corpus Christi, Texas 78411 PO Box 9277 Dear Mr. Walters: Corpus Christi Texas 78469 -9277 Phone 361 -880 -3360 The City of Corpus Christi is a self insured public entity as allowed by the State of Fax 361 - 880 -3239 Texas for General Liability, Auto Liability, and Workers' Compensation. Liability limits are established by the Texas Tort Claims Act. The City of Corpus Christi's liability under the Act is limited. Under the Act, liability in cases of personal Municipal Court injuries or death is limited to a maximum amount of $250,000 per person and Prosecutor's Office $500,000::for.each single occurrence. 120 N. Chaparral Corpus Christi Texas 78401 The Risk Liability Fund is funded by the City of Corpus Christi in accordance with Phone 361 -886 -2530 generally accepted ; :accounting. practices through actuarially calculated annual Fax 361 - 886 -2567 contributions. Information regarding filing a claim with the City of Corpus Christi Juvenile Court can be. obtained from the Risk "Management office at City Hall, 1201 Leopard Prosecutor's Office Street Cotrpus.Chrzsti ..78401.; or by phone at (361) 826 -3680. 615 Leopard Street Suite 1I3 Corpus Christi Sincerely, Texas 78405 Phone 36J- 826 -4014 Fax 361- 886 -2502 Police Legal Advisor 321 John Sartain Donna James- Spruce Corpus Christi Risk Manager Texas 78401 Phone 361- 886 -2608 Fax 361- 886 -2634 DJS /vlt.: " Human Relations PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 -826 -3190 Fax 361 - 886 -3192 Risk Management PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 -826 -3680 Fax 361- 886 -3697 EXHIBIT B www.cctexas.com