HomeMy WebLinkAboutC2012-436 - 12/11/2012 - NAExecution Cony
SECOND AMENDED AND RESTATED .
PARKING AREA LEASE
This Second Amended and Restated Parking Area Lease (herein "Lease") is made and
entered into effective as of this 11 € � day of December, 2012 (the "Effective Date"), by and
between. the PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,
TEXAS, a political subdivision of the State of Texas operating as a navigation district pursuant
to Article XVI, Section 59 of the Texas Constitution and the laws of the State of Texas,
particularly Chapters 60 and 62 of the Texas Water Code (hereinafter called "Landlord "), and
CORPUS CHRISTI BASEBALL CLUB, LP, a Texas limited partnership (hereinafter called
"CCBC "), upon the following terms, conditions and agreements:
WHEREAS, Landlord, CCBC and the CITY OF CORPUS CHRISTI, a Texas
municipal corporation (hereinafter tailed "City"), entered into an Amended and Restated
Parking Area Lease dated November 16, 2004, under which CCBC leased froze. Landlord certain
parking areas in the vicinity of the Stadium (hereinafter defined) (the "First Amended and
Restated Lease"); and
WHEREAS, the City's rights under the First Amended and Restated Lease are limited to
the right to receive certain notices, the right to cure certain defaults, and the right to have the
First Amended and Restated Lease assigned to it under certain circumstances (collectively, the
"City's Rights "); and
WHEREAS, Landlord and CCBC wish to amend and restate the First Amended and
Restated Lease to simplify its terms and conditions, but without limiting or curtailing in any way
any of the City's Rights under the First Amended and Restated Lease; and
WHEREAS, paragraph 17(b) of the First Amended and Restated Lease provides that the
lease may not be _arxrended, supplemented, or otherwise modified except by a written agreement
executed by the party to be charged with the amendment; and
WHEREAS, Landlord and CCBC have determined that paragraph 17(b) of the First
Amended and Restated Lease gives them the right to amend and restate the First Amended and
Restated Lease without the City's consent, but agree that such right is to be exercised subject to
paragraph 16 of this Lease;
WHEREAS, it is the intent of Landlord and CCBC that this Second Amended and
Restated Parking Area Lease replace the First Amended and Restated Parking Area Lease in its
entirety and that this document serve as the only lease agreement among Landlord and CCBC;.
NOW THEREFORE, in consideration of the covenants herein contained, and other good
and valuable consideration, the receipt and sufficiency of which is hereby expressly
aelcnowledged, Landlord and Tenant hereby CONTRACT, COVENANT and AGREE as
follows:
2012 -436
12/11/12
Port of CC Authority INDEXED
1. ENTIRE AGREEMENT AND DEFINITIONS
This Lease amends and ' completely restates the First Amended and Restated Lease and
supersedes all prior agreements, whether written or oral, between the parties with respect to the
specific subject matter of this Lease, and this Lease (along with the exhibits hereto) constitutes a
complete and exclusive statement of the terms of the agreement between the parties with respect
to the specific subject matter hereof. "This Lease shall govern and control as to all events, acts,
omissions, liabilities and obligations first occurring, arising, or accruing from and after the
Effective Date. This Lease is intended, and shall be deemed and construed, to be a continuation
(without interruption or recommencement) of the various terms and provisions of the First
Amended and Restated Lease, which shall continue to govem and control as to all events, acts,
omissions, liabilities and obligations occurring, arising, or accruing prior to the Effective Date.
For purposes of this Lease, the following terms shall have the meanings given them in
this paragraph 1:
(a) "Baseball Stadium Lease" shall mean the Stadium Lease Agreement dated April
24, 2004, between the City and CCBC (as successor -in- interest, by assignment, to Round Rock
Baseball, Inc.), as amended.
(b) "Effective Date" shall mean December 11, 2012.
(c) "Lease Year" shall mean the period beginning on the Effective Date and ending
on August 31, 2013 (which is the first Lease Year) and each twelve -month period thereafter
during the Term as described in more detail in subparagraph 3(b).
(d) "Leased Premises" shall mean and includes the following tracts of land and all
improvements located on each tract: (1) that certain tract of land located in Nueces County,
Texas, designated as Lot 1, Block 1 on Exhibit A of this Lease ( " Exhibit A ") and being all of
Lot 1, Block 1, of Port Addition, City of Corpus Christi., according to the reap or plat thereof
recorded in Volume 63, Page 88 of the map records of Nueces County, Texas, save and except
the Pad Site ( "West Parking Lot'), and (2) that certain tract of land located in Corpus Christi,
Nueces County, Texas, designated as the "South Parking Lot" on Exhibit A and described by
metes and bounds in Exhibit B of this Lease ( "South Parking Lot ")..
(e) "Pad Site" shall mean that certain tract of land located in Corpus Christi, Nueces
County, Texas, described in Exhibit C of this Lease.
(f) "Person" shall mean any association, individual, corporation, governmental
entity, partnership, joint venture, business association, estate or any other organization or entity.
(g) "Stadium" shall mean the baseball stadium constructed by the City on that certain
tract of land located in Nueces County, Texas, designated as Lot 2, Block 1 on Exhibit A
pursuant to the Baseball Stadium Lease.
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(h) "Team" shall mean the minor league baseball franchise owned by Tenant then
authorized to play baseball in the Stadium under the terms of the Baseball Stadium Lease.
(i) . "Tenant" shall mean CCBC or any successor thereto or assignee thereof
permitted under this Lease.
2. LEASED PREMISES
(a) Subject to and in accordance with the terms and conditions hereof, Landlord
hereby leases to Tenant, and Tenant hereby leases from Landlord, the Leased Premises, together
with all rights, privileges, easements and appurtenances thereto, for the Term of this Lease.
Tenant may only use the Leased Premises for Stadium parking or for events hosted or promoted
by the Team, any concessionaire of the Team or sublessee, including any lawful purposes related
or incidental thereto.
(b) Tenant may charge a fee for parking on the Leased Premises, and shall be entitled
to retain all parking revenue derived from the Leased Premises. In addition, Tenant shall be
entitled to place signs on or about the Leased Premises, including, painting or adhering signs on
light poles and other structures situated upon the Leased Premises, and painted or printed
banners without the prior consent of Landlord. Tenant may build outdoor advertising billboard
signs, panel billboards or poster panel billboards or other advertising structures, with the prior
written consent of Landlord, which may be withheld or conditioned on Landlord receiving a
portion of the advertising revenue. Tenant may rent space for advertising on any of the signs and
shall retain all revenue derived from advertising placed on any sign (with the exception of those
constructed with the consent of Landlord where Landlord retains a portion of the advertising
revenue). Tenant shall also have the right to construct and install in the northeast corner of the
South Parking Lot, at Tenant's sole cost and expense, a monument -type sign with electronic
marquee to advertise the Stadium and upcoming baseball games and other events to be held at
the Stadium.
(c) Tenant agrees that no advertising shall be allowed on the Leased Premises for
sexually oriented businesses, as defined in the City Code of the City, or for political candidates
or political issues.
3. TERM
(a) The term (the "Term ") of this Lease shall begin on the Effective Date and shall
continue until the earlier of (1) the termination of the Baseball Stadium Lease, as the same may
be extended from time to tune, or (2) August 31, 2035, unless earlier terminated in accordance
with the express terms of this Lease. Notwithstanding the fact that the Term begins on the
Effective Date, this Lease is a continuation (without interruption or recommencement) of the
various terms and provisions of the First Amended and Restated Lease, which commenced
before the Team's first preseason game in the Stadium.
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(b) The first Lease Year begins on the Effective Date and ends on August 31, 2013.
The second Lease Year begins on September 1, 2013, and ends on August 31, 2014. The
anniversary date for each succeeding Lease Year is the first day of September.
(c) If Tenant fails to vacate the Leased Premises at the time this Lease terminates,
Tenant will become a tenant -at -will and shall vacate the Leased. Premises immediately upon
receipt of a demand from Landlord to do so. No holding over by Tenant, with or without the
consent of Landlord, will extend this Lease.
4. RENT
(a) Tenant shall pay to Landlord in arrears an annual base rent ( "Base Rent") for
each Lease Year during the Tern'. The Base'Rent for the first Lease Year is payable on or before
August 31, 2013, and the Base Rent for each subsequent Lease Year shall be due and payable to
Landlord on or before the last day of such Lease Year, without deduction, setoff, or demand.
(b) The Base Rent for the first Lease Year is the sum of Twelve Thousand Dollars
($12.000.00).
(c) The Base Rent for the second Lease Year and each Lease Year thereafter during
the remaining Term shall be increased to reflect increases, if any, in the CPI Index (as defined in
subparagraph 4(d)). If the Index (as defined in subparagraph 4(d)) for the then current Lease
Year exceeds the Index for the prior Lease Year, the Base Rent for the then current Lease Year
shall be set by multiplying the Base Rent for the prior Lease Year by a fraction, the numerator of
which is the Index for the then current Lease Year, and the denominator of which is the Index for
the prior Lease Year. In no case shall the Base Rent for the then current Lease Year be less than
the Base Rent for the prior Lease Year.
(d) For purposes of this Lease, the term "Index" shall mean, with respect any Lease
Year, the CPI Index for the month of September of such Lease Year. The term "M Index ", as
used herein, shall mean the Consumer Price Index for All Urban Consumers (CPI -U) for the U.S.
City Average for All Items (1982 -84 =100) (Not Seasonally Adjusted) published by the United
States Department of Labor, Bureau of Labor Statistics. If a base year other than 1982 -84 is
adopted by the United States Department of Labor, Bureau of Labor Statistics, the CPI Index
shall be converted in accordance with an appropriate conversion factor in order to ensure that all
increases in the consumer price index are taken into account. If the CPI Index is discontinued or
revised, such other index or computation with which it is replaced, or if no official replacement
is named, such other comparable statistics published by a responsible financial periodical or
recognized authority as are reasonably acceptable to Landlord and Tenant shall be used in order
to obtain substantially the same result as would have been obtained if the CPI Index had not
discontinued or revised.
(e) The Base Rent for any Lease Year in which this Lease is terminated will be
prorated on a per -day basis.
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(f) Tenant will remit all amounts due Landlord under this Lease to the following
address or to such other place as Landlord may later designate in writing:
Port of Corpus Christi Authority
Attn: Director of Finance
222 Power Street
Corpus Christi, TX 78401
5. TAXES, ASSESSMENTS, UTILITY CHARGES AND OTHER EXPENSES
(a) Landlord will pay all taxes, special assessments, and governmental charges of any
kind imposed on the Leased Premises during each Lease Year, excluding any sales taxes
attributable to Tenant's parking receipts.
(b) Tenant will pay all utility charges for water, electricity, gas and telephone services
used in and about the Leased Premises during the Terre of this Lease.
(c) Doling the Term of this Lease, Tenant will pay all costs and expenses for (i)
replacing light bulbs in lighting fixtures upon the Leased Premises, (ii) maintenance of
landscaping associated with the Leased Premises, (iii) parking lot traffic management items such
as canes, barricades, flagging and temporary trash cans, and (iv) garbage removal from the
Leased Premises.
6. MAINTENANCE, REPAIRS, SECURITY AND ALTERATIONS
(a) Tenant agrees that it will, during the Terre of this Lease, at its sole cost and
expense, promptly (i) repair any potholes on the Leased Premises; (ii) repair any breaks in the
perimeter fences or barriers on the Leased Premises; (iii) repair, restore, replace or refurbish the
lighting„ striping, and landscaping for the Leased Premises; and (iv) make all other foreseen and
unforeseen, and ordinary and extraordinary repairs of every kind and nature which may be
required to be made to or upon the Leased Premises in order to maintain the Leased Premises in
good repair, subject to ordinary wear and tear. Tenant hereby expressly waives any right to
make repairs at the expense of the Landlord.
(b) Landlord shall not be required to maintain., repair or rebuild, or to make any
alterations, replacements or renewals of any nature or description to the Leased. Premises, or any
part thereof, whether ordinary or extraordinary, structural or non - structural, foreseen or
unforeseen.
(c) Tenant shall be responsible for providing qualified security and crowd control
personnel for the Leased Premises sufficient to control vehicular and pedestrian traffic in and
around the Leased Premises and between the Leased Premises and the Stadium and to protect the
public health, safety and welfare in the immediate vicinity of the Stadium.
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(d) Except as otherwise expressly provided herein, Tenant shall not make any
alterations to the Leased Premises without Landlord's approval, which shall not be unreasonably
withheld.
7. LEGAL COMPLIANCE
Neither Landlord nor Tenant may use or permit any of the Leased Premises to be used
for: (1) any activity which is a nuisance or is dangerous; (2) any hazardous activity that would
require any insurance premium on the Leased Premises to increase or that _would void any such
insurance; or (3) any activity that violates any applicable federal, state, or local law, including
but not limited to those laws related to air quality, water quality, hazardous materials,
wastewater, waste disposal, air emissions, or other environmental matters.
S. ASSIGNMENT AND SUBLEASING
(a) Tenant may assign this Lease and its rights and obligations hereunder to any
Person to whom the Baseball Stadium Lease has been assigned in accordance with Article X of
the Baseball Stadium Lease, if the form of the proposed assignment document is reasonably
satisfactory to Landlord and if the assignee meets all of the insurance requirements of
paragraph 10. Any assignee of Tenant will assume the position of Tenant and all rights granted
to Tenant, as if such assignee were the original Tenant under this Lease. Tenant shall reimburse
Landlord on demand for any costs incurred and substantiated by Landlord in connection with
such assignment; including reasonable attorneys' fees. Upon any assignment of this Lease
pursuant to this subparagraph 8(a), the assignor shall be released from any liability tinder this
Lease (other than any liabilities arising or accruing prior to the date of such assignment).
(b) Tenant may sublease all, but not less than all, of the Leased Premises to any
Person to whom Tenant subleases the Stadium in accordance with Article X of the Baseball
Stadium Lease, if the form of the proposed sublease document is reasonably satisfactory to
Landlord and if the sublessee meets all of the insurance requirements of paragraph 10. Tenant
shall reimburse Landlord on demand for any costs incurred and substantiated by Landlord in
connection with such sublease, including reasonable attorneys' fees.
(c) Tenant may sublease the Leased Premises, in whole or in part, or grant the
temporary right to use and possession of a portion of the Leased Premises on a daily basis to the
sponsor of the event held on that day at the Stadium and /or the Leased Premises without
obtaining Landlord's consent, if the sublessee meets all of the insurance requirements of
paragraph 10. Nothing in this subparagraph shall limit, however, Tenant's obligations under this
Lease.
(d) Except as provided in subparagraphs 8(a), 8(b) and 8(c), Tenant may not assign
this Lease or any of its tights or obligations hereunder, sublet the whole or any part of the Leased
Premises, or permit the use or occupancy of the Leased Premises by any Person, other than
Tenant and its employees, agents or contractors, without Landlord's prior written consent in each
instance.
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(e) Notwithstanding anything to the contrary contained herein, Tenant may enter into
a written management or operating agreement with respect to the parking operations on the
Leased Premises, provided that the contract between Tenant and the manager requires the
manager to comply with all provisions of this Lease (including the insurance requirements of
paragraph 10) and if Tenant provides Landlord with a copy of such agreement as soon as
practicable after executing the agreement.
(f) Notwithstanding anything to the contrary contained herein, if there is a default by
Tenant under the Baseball Stadium Lease that continues beyond any applicable cure period, and
if, as a remedy for that default under the Baseball Stadium Lease, the City elects to exclude the
Tenant from possession of the Stadium and to reenter and take possession of the Stadium, and
the City tapes possession of the Stadium prior to the termination of this Lease, City may, without
the prior consent of Landlord, elect to become the assignee of all of Tenant's rights and
obligations under this Lease. To exercise this election, City must give Landlord written notice
within ten (10) days after it takes possession of the Stadium, that it has elected to become the
tenant under the tenns of this Lease and that it is assuming all of the obligations and rights of
Tenant as the Tenant under this Lease. On receipt of the notice, Landlord agrees to enter into a
written agreement accepting City as the Tenant.with all of the rights and obligations granted to
Tenant under the provisions of this Lease. If Tenant is in default under this Lease at the time the
City exercises this election, the City must cure such Tenant defaults within the time period
specified in subparagraph 11(b), and City's failure to do so shall constitute a separate default
hereunder. Any such assignment to the City pursuant to this subparagraph shall not, however,
modify or impair Landlord's rights and remedies on account of 'any default of failure to perform
by Tenant hereunder, whether arising before or after the date of any such assignment to the City.
9. INDEMNITY
(a) TO THE EXTENT PERMITTED BY LAW, TENANT SHALL INDEMNIFY AND HOLD
HARMLESS LANDLORD FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, AND LIABILITY ON
ACCOUNT OF ANY DAMAGE OR INJURY OCCURRING ON THE LEASED PREMISES CAUSED BY THE
NEGLIGENCE OR MISCONDUCT OF TENANT OR TENANT'S EMPLOYEES, AGENTS OR CONTRACTORS,
BUT TENANT SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE TO INDEMNIFY LANDLORD FOR THE
ACTS OR OMISSIONS OF THIRD PARTIES NOT UNDER THE DIRECT SUPERVISION AND CONTROL OF
TENANT OR TENANT'S EMPLOYEES, AGENTS OR CONTRACTORS.
(b) TO THE EXTENT PERMITTED BY LAW, LANDLORD SHALL INDEMNIFY AND HOLD
HARMLESS TENANT FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, AND LIABILITY ON ACCOUNT
OF ANY DAMAGE OR INJURY OCCURRING THE LEASED PREMISES CAUSED BY THE NEGLIGENCE OR
MISCONDUCT OF LANDLORD OR LANDLORD'S EMPLOYEES, AGENTS OR CONTRACTORS, BUT
LANDLORD SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE TO INDEMNIFY TENANT FOR THE ACTS
OR.OMISSIONS OF THIRD PARTIES NOT UNDER LANDLORD'S DIRECT SUPERVISION AND CONTROL.
(c) The provisions of subparagraph 9(b) are subject to the applicable limitations
imposed by the United States Shipping Act of 1916 and/or the Shipping Act of 1984, as
amended.
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10. INSURANCE AND WAIVER OF SUBROGATION
(a) Without limiting the indemnity obligations or liabilities of Tenant provided
herein, Tenant agrees to carry and maintain at its sole expense insurance of the types and in the
minimum amounts as follows:
1. if valet parking will be offered in connection with Tenant's management
of the Leased Premises, Garage Keepers insurance coverage with policy limits of at least
$300,000 in the aggregate.
2. For all its employees engaged in performing work related to this Lease,
Texas Workers' Compensation including employer's liability insurance with limits of at least
$500,000 per accident, or similar social insurance in accordance with law which may be
applicable to said employees.
3. Commercial General Liability insurance, including contractual liability
insurance, with policy limits of at least $1,000,000 for injury, death or property damage resulting
from each occurrence; $2,000,000 aggregate limit.
4. Business Auto Liability insurance coverage covering all owned, non -
owned and hired vehicles with policy limits of at least $1,000,000 for injury, death or property
damage resulting from each accident.
5. Umbrella liability insurance having limits of not less than $5,000,000
(over and above the underlying primary coverage limits required above) with respect to injury,
death or property damage resulting from each accident or occurrence.
(b) The minimum insurance protection amounts set forth in clauses, 1, 3, 4, and 5 of
subparagraph 10(a) shall be increased from time to tithe, upon request by Landlord., to amounts
that are reasonable and not in excess of the coverage amounts Landlord obtains with respect to
its own similarly situated property and operations. Tenant shall deliver to Landlord certificates
of the insurance described in this paragraph 10, or such other proof of insurance as shall be
deemed acceptable by the Landlord and shall, at all times .during the Term of this Lease, deliver
to Landlord upon request true and correct copies of said insurance policies. Each policy of such
insurance shall (i) (except for workers' compensation insurance) name Landlord as an additional
insured and if requested by the City, name the City as additional insured, (ii) provide that it will
not be cancelled or reduced in coverage without thirty (30) days' prior written notice to
Landlord, and (iii) be primary coverage, so that any insurance coverage obtained by Landlord
shall be in excess.thereto. Tenant shall deliver to Landlord (with a copy to the City) certificates
of renewal at least thirty (30) days prior to the expiration date of each such policy and copies of
the new policies at least thirty (30) days prior to terminating any such policies. All policies of
insurance required to'be obtained and maintained by Tenant shall be subject to the approval of
Landlord, which approval shall not be unreasonably withheld. If Tenant neglects or refuses to
provide any insurance required herein, or if any insurance is cancelled, Landlord may procure
such insurance at Tenant's expense. Tenant shall obtain a Waiver of Subrogation endorsement
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in favor of Landlord on all insurance policies required under subparagraph 10(a) and shall
provide Landlord with a copy of such endorsements.
(c) Landlord and Tenant each waive any and every claim which arises or may arise in
its, favor and against the other party hereto during the Term of this Lease or any renewal or
extension thereof for any and all loss of, or damage to, any of its property located within or upon,
or constituting a part of, the Leased Premises, which loss or damage is covered by valid and
collectible property insurance policies, to the extent that such loss or damage is recoverable
under said insurance policies. Said mutual waivers shall be in addition to, and not in limitation
or derogation of, any other waiver or release contained in this Lease with respect to any loss of
or damage to property of the parties hereto. Each party agrees to immediately give to each
insurance company, which has issued to it policies of fire and extended coverage insurance,
written notice of the terms of said mutual waivers, and to have said insurance policies properly
endorsed, if necessary, to prevent the invalidation of said insurance coverage by reason of said
waivers.
I L DEFAULT
(a) Landlord shall be in default under this Lease if Landlord fails to substantially
perform any of its obligations hereunder and this failure continues for a period of 30 days after
written notice from Tenant to Landlord of such failure (the "30 -Day Cure Period"); provided,
however, that if performance of such obligation cannot reasonably be accomplished within the
30 -Day Cure Period, then Landlord shall not be in default under this Lease unless Landlord
(i) fails to commence performance of such obligation within the 30 -Day Cure Period, (ii) fails to
diligently pursue performance of such obligation to conclusion after the 30 -Day Cure Period, or
(iii) fails to substantially perform such obligation within 90 days after the end of the 30 -Day
Cure Period. If any Landlord default shall have occurred and be continuing, Tenant may, in its
sole discretion, pursue any one.or more of the following remedies: (1) Tenant may terminate this
Lease as provided in paragraph 12; and (2) Tenant may exercise any and all other remedies
available to Tenant at law or in equity. Tenant shall, however, attempt to mitigate any damage or
loss caused by Landlord's breach of this Lease by using commercially reasonable means. Tenant
agrees to provide the City with a copy of any notice given to Landlord pursuant to this
subparagraph I I (a).
(b) Tenant shall be. in default under this Lease if Tenant fails to substantially perform
any of its obligations hereunder and this failure continues for a period of 60 days after written
notice from Landlord to Tenant of such failure (the "60 -Day Cure Period"); provided, however,
that if performance of such obligation cannot reasonably be accomplished within the 60 -Day
Cure Period, then Tenant shall not be in default under this Lease unless Tenant (i) fails to
commence performance of such obligation within the 60 -Day Cure Period, (ii) fails to diligently
pursue performance of such obligation to conclusion after the 60 -Day Cure Period, or (iii) fails to
substantially perform such obligation within 60 days after the end of the 60 -Day Cure Period. If
any Tenant default shall have occurred and be continuing, Landlord may, in its sole discretion,
pursue any one or more of the following remedies: (1) Landlord may terminate this Lease as
provided in paragraph 12; (2) Landlord may exclude Tenant from possession of the Leased
Premises, reenter and take possession of the Leased Premises, and take whatever action at law or
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in equity as may appear necessary or desirable to collect any unpaid Rent and any other amounts
then due; and (3) Landlord may exercise any and all other remedies available to Landlord at law
or in equity. Landlord agrees to provide the City with a copy of any notice given to Tenant
pursuant to this subparagraph 1 I(b).
12. TERMINATION
If Landlord shall be in default under this Lease as described in subparagraph I l (a) or if
Tenant shall be in default under this Lease as described in subparagraph l l(b), the
non- defaulting party, in addition to its other remedies at law or in equity, shall have the right to
give the defaulting party notice (a "Final Notice ") of the non- defaulting party's intention to
terminate this Lease after the expiration of .a period of ten (10) days from the date such Final
Notice is delivered unless the default is cured, and upon the expiration of such 10 -day period, if
the default is not cured, this Lease shall terminate without liability to the non- defaulting party. A
copy of any such Final Notice shall also be given to the City and the non- defaulting party agrees
that the City shall have the right, but not the obligation, to cure any such default within such ten
(10) day period. In the event of a termination of this Lease by either party under this
paragraph 12, then notwithstanding anything to the contrary set forth in this Lease all obligations
of the parties hereunder shall automatically terminate without liability to the other party.
Landlord shall, however, attempt to mitigate any damage or loss caused.by Tenant's breach of
this Lease by using commercially reasonable means.
13. ATTORNEYS' FEES
Any person who is a prevailing party in any legal proceeding brought under or related to
this Lease is entitled to recover prejudgment interest, reasonable attorneys' fees, and all other
costs of litigation from the non - prevailing party.
14. NOTICES
(a) All notices, consents, demands and requests hereunder shall be in writing and
shall be deemed to have been given to a party when (i) delivered to the appropriate address by
hand or by nationally recognized overnight courier service (cost prepaid); (ii) sent by facsimile
with confirmation of transmission by the transmitting equipment; or (iii) received or rejected by
the addressee, if sent by certified mail, return receipt requested, postage prepaid, in each case to
the following address or facsimile number and marked to the attention of the person (by name or
title) designated below (or to such other address, facsimile number, or person as a party may
designate by notice to the other parties):
to Landlord at: Port of Corpus Christi Authority
Attn. Frank C. Brogan, P.E., R.P.L.S.
Deputy Port Director of Engineering, Finance and Administration
222 Power Street
Corpus Christi, Texas 78401
Telephone: (351) 885 -5133
Facsimile; (361) 882 -7110
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and to Tenant at: Corpus Christi Baseball Club, L.P.
Attn: Reid Ryan
3434 East Palm Valley Boulevard
Round Rock, Texas 78664
Telephone: (512) 334 -2275
Facsimile: (512) 334 -2278
and to City at: City of Corpus Christi
Attn: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Telephone: (361) 880 -3222
Facsimile: (361) 880 -3839
(b) To facilitate the administration of this Lease, Landlord and Tenant each agree to
designate an authorized representative who shall have the power and authority to make decisions
on behalf of Landlord or Tenant, as applicable, which relate to the administration of this Lease.
The parties authorized representatives as of the Effective Date are as set forth below and may be
changed by either parry by delivery of written notice to the other in accordance with this
paragraph 14:
Landlord's Authorized Representative:
Frank C. Brogan
Telephone: 361 -885 -6133
Facsimile: 361-882-7110
Tenant's Authorized. Representative:
15. TIME IS OF THE ESSENCE
Reid Ryan
Telephone: 512 -334 -2275
Facsimile: 512-334-2278
Time is of the essence in this Lease. The parties require strict compliance with the times
for performance set forth herein. In the event that any of the deadlines set forth herein end on a
Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next day
which is not a Saturday, Sunday, or legal holiday.
16, THIRD PARTY BENEFICIARY; MODIFICATION
This Lease grants the City certain rights and remedies described in subparagraphs 8(f)
and 10(b) and paragraphs 11 and 12, above. Landlord and Tenant agree that the City is a third
party beneficiary. of this Lease for the limited purposes set forth in those paragraphs and
subparagraphs. Landlord and Tenant reserve the right and power to amend or modify this Lease
without the City's consent as long as the amendment or modification does not amend the first
sentence of subparagraph 3(a) or terminate or modify any right or benefit granted to the City in
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11
the above stated paragraphs and subparagraphs or in this paragraph. Landlord and Tenant shall
provide the City a copy of all proposed amendments or modifications of this Lease at least thirty
(30) days before the expected execution date of such proposed amendments or modifications.
The City shall have twenty (20) days to make a written objection., if any, to such proposed
amendments or modifications. If the City does not make such written objection within that time
period, the City is deemed to have no objection to such proposed amendments or modifications.
Nothing in this Lease is to be interpreted as a waiver of the City's rights to bring a third party
action against Landlord and/or Tenant regarding the Lease. This Lease may not be amended,
supplemented, or otherwise modified except by a written agreement executed by the party to be
charged with the amendment.
17. COUNTERPARTS
This Lease may be executed in one or more counterparts, each of which shall be deemed
to be an original copy of this Lease and all of which, when taken together, shall be deemed to
constitute one and the same instrument. The exchange of copies of this Lease and of signature
pages by facsimile transmission shall constitute effective execution and delivery of this Lease by
the parties and may be used in lieu of the original instrument for all purposes. Signatures of the
parties transmitted by facsimile shall be deemed to be their original signatures for all purposes.
18. CHOICE OF LAVES
THIS LEASE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS AND ALL CAUSES OF ACTION IN CONNECTION HEREWITH SHALL BE MAINTAINED IN
PROCEEDINGS FILED IN NUECES COUNTY, TEXAS.
19. BINDING EFFECT
This Lease shall be binding upon and inure to the benefit of the parties hereto, their
respective heirs, successors, permitted sublessees, and permitted assigns.
20. QUIET POSSESSION
Subject to the terms of this Lease and during any period that no default exists in
performance of this Lease by Tenant, and upon full performance of each and every provision
herein, Tenant shall peaceably and quietly have, hold and enjoy the Leased Premises throughout
the Term of this Lease without any unreasonable or material disturbance from Landlord or any
person claiming through Landlord.
21. MEMORANDUM OF LEASE
A memorandum of this Lease shall be executed and acknowledged in recordable form by
Landlord and Tenant and may be recorded by Tenant in the Nueces County real estate records.
In addition, a memorandum of any assignment or sublease entered into by Tenant and a
permitted sublessee or permitted assignee in accordance with the terms of this Lease may be
recorded in the Nueces County real estate records.
2664100
12
22. SEVERABILITY
Every provision of this Lease is intended to be severable. If any term or provision hereof
is illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the
validity of the remainder of this Lease and the illegal or invalid provision will be enforced to the
maximum extent possible to still be legal and valid.
23. HEADINGS AND CONSTRUCTION
(a) The headings used in this Lease are used for convenience and shall not be
considered in construing the terms of this Lease.
(b) In construing this Lease, feminine or neuter pronouns shall be substituted for
those masculine in form and vice versa, and plural terms shall be substituted for singular and
singular for plural, in any place in which the context so requires. All references to "paragraphs"
and "subparagraphs " in this Lease refer to paragraphs and subparagraphs of this Lease.
[The Signature Wage follows this Page,]
26641Ov3
13
IN WITNESS WIMB Vk Landlord and C00e have okw4tod Le i or tausecl:t� is
T ease to `be executed. Cry o* -dujy autharized. representatives, Q4,14 e, dateg set; 60h : �elc�yv ; t7a
effective for "all purposes as of the `Effective Date.
Date:
Date,°
2WlOv3
LAN LOW
TENANT;
14
nax7x
0 200 400
GRAPHIC SCALE IN FEET
3
O
O
b '
« .
CL
V
CORPUS CHRISTI SHIP CHANNEL
9N0. 7X1147 MONU-
0 - 9452 ACRE ACCESS A�D UTILITY EASFUENT
(By SEPARATE INSTRUMENT DOCUUEWT r%XXX) _ 41. 4 iC RR
11.034 ACRE TRACT
(8T SEPARATE LNSTRUWENT OOCLWENT /XXXX). �r - / ROh� +C
DSET '1C IN CNC.. -
SET 'X' IN CONC.`., va. %1P,�7e ,' l s -P.6 J
SET DRt l HOES i N 8641'46' E 1393.52"
IN CONC. N 8641'45" E: S +�S "£ �F l(A• R
N 86'41'48 E• H 88`41d11 f 700.4Q` ' '
277.0' v 416,12' / s0 ? 3�Q�PO.1y
SET "X" IN CONC. SET 5/8' 1.R.
,p - '• f EOT 3- A. 70'20'50'
_4E86:'339 S.F.. 3]24 -17' .
LOT 1 LOT 2 60D
6.619 ACRES) � .32'
# 190,091 S.F. H •* 5 2.7560" W
( {480,646 ACRES) 509.50'
N
ry .4.364 ACRES) ` ..T -L.034 ACRES) -, In -
.' NT
AND. TKDOT 1WNUM E
o E 7.340,757 .80
FRO. CONC, 40NU4:h'T Z _, ...n u, ; 5 ES •; ' W {HAD 1983) �C tom,\
N 17.184,490.W .- ,' . 6' � �
, E ),337939,45 _ 26' Y.R. $ 5ET 5/8"
{HAD 1983) 51GH POST 15` U£. . $ µford SET 5/8" I.R.
` 5/8' 1.R. ;
.. H C4 CONC S 66'41'4 ' W l S 8g•4c' w 706.56 . B LR.
_
SET B /8' 1.R.. 2774, SET 5
88•sr46 sss.ao'
SET 5/$ LR. N 64J 1'48' f
z
CURVE TABLE
.454 ACREAC S UTILITY EASE1lENT2D2 5 s' I.R.'•
1. 8841 4�, E"
9145..... . /
REF TO CETAIL 'IV
1.51
CHORD BEARING
4
,9
1' B'
.... 274 1p' .- FNO. C)NC. MMow,
!!l���fff
m
A�Y
0
SET 5/0' I.R.
8
&
-�
tOT 4
R
/ y { �{�
SET S /8" LR. x ^1 1
SET R.R. SPIKE _. F
C
Ol'SS32
.3324.17'
:'_ 2 S} r' Wtl L 267.83'
-:,
D£TAL 'A i
N!]'07'l21v I:S
.2 12 `�? 1
- _ .•.
..... .� 1
=.
1 I
-
_ '�`
. CH w 5 11'43'43' W
' , 2 , 287.74'
214 -76'
. ........
... ... •,w .,. -.•'
-
34'0993"
w4r
SET S/8' I.R.
27a10'
F
9(YDDVO
SET /8" I .R.
717
�1
..
28.28'
.c'
SET S�8 1.R,
770.04'
131.93
NW12'4219
131.77'
•
of ST•
7g5Y48 w
s tOD
gs
4 0.4296 ACRE ACCESS AND uTII.ITY EASEMENT
31.42'
N56'07121P
26.28'
I
AND. 1 LP,
y (Br SEPARATE INSTRUMERIT DOLLI4ENT ,IXXR%)
H011FS.
N33'52'48 E
'
J
DW49OO
83040'
1, ALL ORIGINAL PLATTED STREETS NI SMH
N06't2'42'W
142.03'
k
9CrDD'O6"
4,110'
PORTON WERE CLOSED BY City ORDLNANCE NO. 295
N46'18'12'W
.
GATED AUGUST 12, 1930 EXCEPT CARROL STREET
A BREWSIER STREET.
2, A SURROUNDING PROPERTIES AS 51'1Pwr1 lv#TfI v
AND PACE NO.'$ ARE OWNED W THE PORT OF
z
CURVE TABLE
CVRVE
DELTA
RADIUS
LENGTH
CHORD BEARING
CHORD DISTANCE
A
34
53540
310.91
N71 "E
314.21'
8
23'0000"
46546'
186.66'
57711'4811'
MAI'
C
Ol'SS32
3.324.17'
90.45
SI4'$g'"
.80.44'
0
23'DO'00'
535.00'
214 -76'
N7711'4B E
213.33'
E
34'0993"
4155.00'
2 ».16'
S7)77'12'w
27a10'
F
9(YDDVO
20.01)'
31,42"
N43'4 1'48'E
28.28'
G
09'49'00`
770.04'
131.93
NW12'4219
131.77'
H
SPWW
MOT
31.42'
N56'07121P
26.28'
I
scrwwl
20.00'
31.42'
N33'52'48 E
2826'
J
DW49OO
83040'
14221'
N06't2'42'W
142.03'
k
9CrDD'O6"
4,110'
31 -42'
N46'18'12'W
26.78'
CORPUS CHRISTI AUTHORRY.
3. CORNERS NOT SHOWN AS SET OR FOUND ARE
INACCESSIBLE IN THE P1ELD,
4. ALL COORDINATES AS SHWN ARE SOSO ON
SHAD 1983) DATUTA
PLAT OF
LOTS 1, 2, 3, AND 4
PORT ADDITION
BEING A PLAY Of 24.937 TOTAL ACRES OF UWD, OUT 4F
VOLUME 146, PACE 435. VOLUME 145, PACE 537, VOLUME
149, PAGE 557, VMUUE 146, PACE 570, VOLUME 146,
PAGE 494, DEED RECORDS OF NUECES COUNTY TEXAS,
ADCUI�JIT f83542t OFFLCIAL PUBLIC RECORDS, AND
BEACH PORTION OF CORPUS CHRISTI. VOLUME A, PAGE 3,
MAP RECORDS OF HUECES COUNTY TEXAS.
1LU 361 169 1343 DWG. NO- 'D3- 510(02)
h4AVEl2ICFC 7e1 te9 x717 DATE: S. 2DD3
r,o. ens
KNO 549. SrIEET 2 OF 2
NILROING. INC. 4~ 4 obm rm 7r!
EXMBIT "B"
Metes and Bounds description of the "South Parking Area"
BEING 12.269 acres of land, more or less, out of the Jose Maria Bargass Survey, A -17
and also being out of those lands as conveyed to Nueces County Navigation District (NCND) in
Volume 148, Page 494 of the Deed Records of Nueces County, Texas, those lands as conveyed
to NCND in Volume 146, Page 570 of the Deed Records of Nueces County, Texas, Lots 6 and 8,
Block 86 of the Beach Portion of Corpus Christi as recorded In Volume A, Page 3 of the Map
Records of Nueces County, Texas, as conveyed to NCND in Volume 146, Page 435 of the Deed
Records of Nueces County, Texas, Lot 9, Block 86 of said Reach Portion as conveyed to NCND
in Volume 146, Page 434 of the Deed Records of Nueces County, Texas, Lot 2, Block 86 of said
Beach Portion as conveyed to NCND by Condemnation Final Judgment, Cause 2026, Lots 1, 3,
7, 8 and 9, Block 86 of said Beach Portion as conveyed to NCND by Condemnation Final
Judgment, Cause 2025, Lots 1, 2, and 3, Block 85 of said Beach Portion as conveyed to NCND
in Volume 147, Page 29 of the Deed Records of Nueces County, Texas, Lots 4, 5, and 6, Block
85 of said Beach Portion as conveyed to NCND in Volume 146, Page 537 of the Deed Records
of Nueces County, Texas, Lots 7, 8, and 9, Block 85 of said Beach Portion as conveyed to
NCND in Volume 147, Page 62 of the Deed Records of Nueces County, Texas, Lots 10, 11, and
12, Block 85 of said Beach Portion as conveyed to NCND in Volume 147, Page 28 of the Deed
Records of Nueces County, Texas, Lots 1, 2, and 3, Block 84 of said Beach Portion as conveyed
to NCND in Volume 146, Page 542 of the Deed Records of Nueces County, Texas, Lots 4, 5,
and 6, Block 84 of said Beach Portion as conveyed to NCND in Volume 146, Page 539 of the
Deed Records of Nueces County, Texas, Lots 7, 8, and 9, Block 84 of said Beach Portion as
conveyed to NCND in Volume 147, Page 31 of the Deed Records of Nueces County, Texas, Lots
10, 11, and 12, Block 84 of said Beach Portion as conveyed to NCND in Volume 146, Page 540
of the Deed Records of Nueces County, Texas, Lots 1, 2, 3, 10, 11 and 12, Block 83 of said
Beach Portion as conveyed to NCND in Volume 145, Page 460 of the Deed Records of Nueces
County, Texas, Lots 4, 5, 6, 7, 8 and 9, Block 83 of said Beach Portion as conveyed to NCND in
Volume 145, Page 470 of the Deed Records of Nueces County, Texas and also out of those
streets as closed by Corpus Christi Ordinance 295 and recorded in Volume 2254, Page 229 of the
Deed Records of Nueces County, Texas said 12.269 acre tract of land being more particularly
described as follows:
COMMENCING at a found damaged concrete monument for an interior corner of the
Union Pacific Railroad, and a west exterior confer of that tract of land conveyed to NCND in
Volume 146, Page 570 of the Deed Records of Nueces County, Texas;
THENCE, with the common line of said railroad and said tract of land, S11 °07'12 "E
168.88 feet to a point;
THENCE, leaving said common line, N88 0 41'48 "E 954.94 feet to a set "X" in concrete
for the POINT OF BEGINNING in the south right -of -way line of Port Avenue (70 foot right -of-
way);
2664103
1
THENCE, with the common north line of the herein described 12.269 acre tract and south
right -of -way line of Port Avenue N88 °41'48 "E 1,187.09 feet to an inaccessible point;
THENCE, along a tangent curve to the right, said curve having a central angle of
90 °00'00 ", a radius of 20.00 feet and a chord bearing S46 °18' 11 "E 28.28 feet, an are distance of
31.42 feet to an inaccessible point in the west right -of -way line of Tancahua Street;
THENCE, with the common east line of the herein described. 12.269 acre tract and west
right- of-way line of Tancahua Street, S01 ° 18' 12 "E 66.09 feet to a found 518 inch iron rod;
THENCE, continuing with said common line and along a tangent curve to the left, said
curve having a central angle of 09 °49`40 ", a radius of 830.00 feet and a chord bearing
S06° 12'42 "E 142.03 feet, an are distance of 142.21 feet to a found 518 inch iron rod;
THENCE, continuing with said common line, S1 1'07'12"E 72.59 feet to a found 518 inch iron
rod;
THENCE, along a tangent curve to the right, said curve having a central angle of 90 °00'00 ", a
radius of 20.00 feet and a chord bearing S33 °52'48 "W 28.28 feet, an arc distance of 31.42 feet to
a found 5/8 inch rod in the north right -of way line of Brewster Street,
THENCE, with the common south line of the herein described 12.269 acre tract and north right -of-
way line of Brewster Street, S78 0 52'48 "W 1,281.19 feet to a set 5/8 inch iron rod;
THENCE, leaving said common line and with a tangent curve to the right, said curve having a
central angle of 134 °04'11 ", a radius of 25.00 feet and a chord bearing N34 °05'06 "W 46.04 feet,
an arc distance of 58.50 feet to a set 518 inch iron rod;
THENCE, with a tangent curve to the left, said curve having a central angle of 34'15'12", a
radius of 300.00 feet and a chord bearing N15 °49'24 "E 176.69 feet, an arc distance of 179.35
feet to a set 5/8 inch iron rod;
THENCE, NO ° 18' 12 "W 313.12 feet to a set 518 inch iron rod;
THENCE, with a tangent curve to the right, said curve having a central angle of 90 °00'00 ", a
radius of 20.00 feet and a chord bearing N43 °41'48 "E 28.28 feet to a point, an are distance of
31.42 feet to the POINT OF BEGINNING and containing 12.269 acres of land, more or less.
NOTE: Bearings are based on the NAD 1983, Texas State Plane, South Zone Coordinate System.
2664100
2
YY 3
S .ET X , IN CONC '
SET "X" }N
$ET MLL. HOLD
N 88 ° 41'48 "' E 1393.52`'`
IN CONC,
N 88 °41'48 "" E
;
IV 88`.41:'48" :E 700.40'
277::x'
;
N.
WEST PARKING
to
LOT
BAEBALL STIMM.
00
(o
-�
LOT I
LOT 2
(19fr(}9 5 F
(48Q,646 S F
Lp
4..3fi4GiES }
11...134 ACRES).
PO T POLICE DE 'T.
z
°°
PAR KING SI TE
,_;
0.03 ACRES:
SIGN i�fJST .
YxR.
15' IJ,E, SET8'�
I R..
:o
fN GONG'.
27 ;
S 5 841 ' 48" W ; 70 4.:4 0 '
E
-9 88- Sr
8"
P 1 -a'•11 G.
AVE
[[yyo/�2r7 a5
S88`41'48�'W 1849,98'
t R
Pert Of Cor .. U chfuti
P.,
Regular Sess' Me
Tu"OY, DeceMbOr It 16119:00 AM
NOTICE OF MEETING
The Port Commission ( "Commission ") of the Port of Corpus Christi Authority ( "PCCA") will
hold a Regular Session Meeting on Tuesday, December 11, 2012, at 9:00 AM, at the the Congressman
Solomon P. Ortiz International Center, 402 Harbor Drive, Corpus Christi, Texas..
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Sherry DuBois at 885 -6174 of least 48 hours in advance so that
appropriate arrangements can be made.
Si usted se didge a la junta y cree que su ingles es gmitado, habra un inteprete ingles espanol
en la reunion de la Junta par& ayudarle
Members of the audience will be provided an opportunity to address the Port Contntission. Please
speak into the microphone located at the podium and state_vour name and address. Your presentation will
be limited to three minutes
PUALIC NOTICE is given that the Commission may go into executive session at arty tine
during th a meeting to discuss matters listed on the agenda when authorized to do so by the provisions of
Section 41&183 or Chapter 551 of the Texas Government Code In th a event the Commission elects to go
into executive session regarding any agenda item, the presiding officer wilt publicly announce the section
or sections of the Texas Government Code authorizing lire executive session.
The agenda for the meetibg is as follows:
1. Call meeting to order; Pledge of Allegiance; Opening Prayer; and receive conflict of
interest affidavits.
2. Approve the minutes of the November 11, November 27, and December 6, 2012 5
Commission meetings.
3. Receive comments from the public. (Eaeh speaker will be limited to 3 minutes) 17
4. Receive Windstorm Insurance Reform presentation from Commissioner Zahn. 18
5. Receive presentation from Lonnie Gregorcyk- regarding the replacement of the Harbor 19
Bridge.
6. Receive a report from the Strategic Planning Committee on the status of PCCA's 20
Strategic Business Plan.
7. Consider and take action on a Resolution establishing deadlines for providing 21
Commission meeting materials to the Port Commission.
8. Approve a resolution authorizing funding of the Port of Corpus Christi Promotion and 25
Development Fund for 2013 and matters related thereto.l
9. Approve annual contribution to Workers Compensation Fund for 2013. 27
10. Approve a lump sum payment to the Texas County and District Retirement System to 31
fully fund the Unfunded Pension Benefit Obligation.
11. Review and approve 3rd Quarter Financial Report for 2012. 33
12. Review and' approve 3rd Quarter Investment Report for 2012. 40
13. Approve new commodity within Tariff 100 -A, Item 528 Iron and Steel Articles, to 50
include Scrap Metal at rate of $1.58 per net ton, $1.74 per metric ton.
14. Approve a Producer Price Index (PPI) adjustment to the wharf age and dockage charges 51
under PCCA Tariff 100 -A' and Bulk Terminal Tariff 1 -A.
15. Approve a Producer Price Index (PPI) adjustment to the pipeline easement fees and 52
dredge material placement area depletion fees.
16. Discuss and take action on the PCCA's proposed 2013 Annual Budget. 55
IT Approve Second Amended and Restated of Parking Area lease between the PCCA and 113
Corpus Christi Baseball Club, LP
18. Professional Services Agreement: Port Commissioners have been furnished with a
Professional Services Agreement for each of the following persons or entities and staffs
recommendation with respect to each agreement, and these agreements will be approved,
in accordance with the respective staff recommendations, by one vote, unless a Port
Commissioner requests a separate vote on a particular agreement:
18. A. Robert Borslsi Associates 132
18. B. Randall Erben 142
18_ C. Cassidy & Associates 149
18. D. Berlanga & Associates 153
19. Consent Agenda. Port Commissioners have been furnished with supporting
documentation and staffs recommendation on the following items. All Consent Agenda
items will be approved, in accordance with the respective staff recommendations, by one
vote without being discussed separately unless a Port Commissioner requests otherwise:
19. A. Award a contract to Raba] ais Constructors, Ltd, dba Rabalais i &E Constructors,
159
the lowest and best bidder based on bids received on November 30, 2012, for
Nueces River Rail Yard Lighting Improvements (Security Grant 8).
19. B. Approve the sale of equipment and materials to the highest and best bidders based
163
on bids received November 2012, for the sale of Surplus/Salvage Materials and
Equipment.
19. C. Approve a Professional Services Purchase Order with CH2M Hill for additional
168
design work for the Nueces River Rail Yard.
19. D. Approve an Easement Agreement with Trafigura Terminals for a 30 inch diameter
171
pipeline near the Tule Lake Dredge Material Placement Area.
19. E. Approve a Professional Services Agreement with Morehead Dotts & Rybak.
188
19. F. Approve a Professional Services Agreement with Welder Leshin, LLP.
192
19. G. Approve a Professional Services Agreement with Kevin Carney of Wells Fargo,
193
20. Receive report frown the Executive Director on upcoming community events, PCCA
204
events and activities of the following PCCA departments during the preceding month:
business development, community relations, government affairs, operations, engineering
services, accounting, and human-resoutees
21. Receive comments from the Port Commissioners on any of the agenda items for this 240
meeting, the PCCA's activities during the preceding month, upcoming PCCA events, and
suggestions for future agenda items_
22. The Commission will go into executive session pursuant to §551,074 of the Texas 241
Government Code to deliberate the performance evaluations of the Executive Director,
Managing Director, and the Deputy Port Director of Operations, Business Development
and Corn muni cations. The Commission may award bonuses and salary increases to these
employees in Open Session.
23, The Commission will go into executive session pursuant to §551.071 of the Texas 242
Government Code to consult with its attorney regarding legal issues involved with
leasing the Bulk Terminal,
24. The Port Commission will go into executive session pursuant to §551.076 of the Texas 243
Government Code to receive a report from PCCA is Security Committee regarding the
deployment of security personnel or devices.
25. Approve an amendment to a Retention Agreement with Connelly- Baker - Wotring LLP 244
for legal work associated with the leasing of the BulkTerminal.
26. Adjourn.
j6hnA LaRve
Execat" Director
$CHRISTI
Pe6einber 11, N12
subiect- AG VDA VWNa.17
Approve ,80.6,wd� Amefided and Restated Part :Area: Lease
Adtwftn.'t.h.e POCA40 C orpus Christi ooftu CIO, LP
Dearni ,
Staff "itcoinme . rida approval: of the revised Second Amended and Resoted V
09ATe
Lease Ibis item "4 1w1q&d qR the qgobda, fear the. Detombo .2 'commission Meeting for
your consideration and action.. Jf you fiavvauy questions please.. ma
Sincerely,
Af Arw
J LaRue
Executrve<
A
V54% w�o CWP Gww T y T. 3m 02 - "Wag 71W
113
M ary Juarez
From: Charlotte Yochem
Sent: Thursday, January 31, 2013 1:48 PM
To: Armando Chapa; Mary Juarez; Carlos Valdez
Cc: Wes Pierson
Subject: FW: Corpus Christi Baseball Club Parking Lease
Attachments: Hooks Parking Lease- 5igned.pdf; POCCA Hooks Agenda Item - 12- 11- 12.pdf
Armando and Mary:
Attached is a recently signed Amendment to the Baseball stadium parking lot lease. Also attached is the Port's
December meeting agenda with the discussion of the item, which will be invaluable to others in the future who are
looking at the amendment with no personal background.
Technically, the city is not a party but has basically a reservation of rights. We do not have a signature block, so no
Council action.
For filing as a City record. I have asked the Port to get me their resolution or "stamp of approval" for this amendment,
but nothing yet. Please let me know if you have any questions or need any further information.
Thanks! Charlotte
Charlotte P. Yochem
Senior Assistant City Attorney
CITY OF CORPUS CHRISTI
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
Office: (361) 284 - 0171:, ext. 1249 ** *new phone number
Mobile: (512) 529 -6288
Facsimile:(361) 826 -3239
Email: charlottey@cctexas.com
Website: www.cctexas.com
From: Peggy Mettlen mailto:PEGGY occa.com]
Sent: Tuesday, January 29, 2013 2:59 PM
To: Charlotte Yochem
Cc: Frank Brogan; Jimmy Welder
Subject: Corpus Christi Baseball Club Parking Lease
Ms. Yochem:
Attached is a signed copy of the current Hooks parking lease for your files. If the copy is not good or if you need
anything, please contact me.
Peggy Mettlen
Contracts & Special Projects Administrator
Port of Corpus Christi Authority
222 Power St.
Corpus Christi, 7X 78401
361885-6130 Direct
361548-5768 Mobile
361882-7110 Fax
peer[ ' Vocca.com
www.nortofcornuschristL com