HomeMy WebLinkAboutC2015-048 - 3/10/2015 - Approved LEASE AGREEMENT
This Lease Agreement is made and entered into by CITY OF CORPUS CHRISTI,
TEXAS, a Texas home-rule municipal corporation (the "CITY") and the REGIONAL
TRANSPORTATION AUTHORITY, a metropolitan transit authority(the "RTA").
1. PREMISES: The CITY, in consideration of the RTA's payment of $1.00 per
month, and other good and valuable consideration including the performance of the
covenants described herein, the receipt and sufficiency of which the City hereby
acknowledges, leases to the RTA and authorizes it to utilize the following described land
(the "Premises") for the purposes of establishing a temporary transfer location for the City
Hall area while the Staples Street Station is undergoing reconstruction:
The designated areas in that tract of land bounded by Leopard, Sam
Rankin, Mestina, and Josephine Streets, known as Block 10 of the Jones
Addition, Nueces County, Texas, depicted on Exhibit A attached and
described by metes and bounds on Exhibit B.
2. TERM: The term of this Lease shall be for a period of seven (7) months
commencing on June 1, 2015, and expiring on December 31, 2015, subject to extension
on a month-to-month basis pending the completion of the RTA's Staples Street Transit
Station.
3. PERMITTED USE: The Premises shall be used for the operation of a temporary
bus transfer station by the RTA.
4. IMPROVEMENTS: The RTA will perform all work necessary to construct the
temporary bus transfer improvements on the Premises. At least two weeks prior to any
proposed construction at the Premises, the RTA will submit the proposed construction and
traffic control plans to the Assistant City Manager for Public Works & Utilities, or his
designee, for review and comment. The RTA further will re-stripe the traffic lanes on
Leopard Street as depicted on Exhibit A in order to accommodate the buses stopping at the
designated bus stops made part of the temporary transfer station. All such improvements
shall be constructed at the sole cost and expense of the RTA. Upon the expiration of this
Agreement, all temporary facilities shall be removed from the Premises and the traffic
lanes of Leopard Street re-striped to their original configuration, all at sole cost and expense
of the RTA.
5. MAINTENANCE: The RTA accepts the Premises in their present condition, AS
IS and WITH ALL FAULTS. The RTA shall throughout the term of this Agreement take
good care of the Premises, and shall be responsible for and shall perform, or cause to be
performed, all maintenance, including custodial maintenance, and repair of the Premises
and the temporary facilities located thereon. Upon the expiration of this Agreement, the
Premises shall be returned to the City in the same condition as at the commencement of
this Agreement, normal wear and tear excepted.
2015-048
3/10/15
Ord.030444 w'D�C D
Regional Transportation Authority INDEXED
•
6. UTILITIES: The RTA shall be responsible for obtaining any water, sewer,
electricity and gas service connections required for use on the Premises; and the RTA shall
pay all utility connection charges related thereto. During the term of this Agreement, the RTA
shall further pay when due all charges and costs for any utilities consumed on the Premises.
The City acknowledges that RTA shall submit request to the electric utility provider for
additional street lighting at or near the Premises. RTA shall be responsible for payment of
electricity associated with any RTA-requested street lighting.
7. COMPLIANCE WITH LAWS: The RTA agrees to comply with all laws,
ordinances, orders, rules, regulations and requirements of federal, state and local
governments, and of all of their departments, applicable to the Premises, including obtaining
applicable building permits.
8. LIENS: The RTA shall not permit any mechanics' and materialmen's or other
liens to be fixed or placed against the Premises and agrees to immediately discharge
(either by payment or by filing the necessary bond, or otherwise) any such liens which are
allegedly fixed or placed against the Premises.
9. MODIFICATIONS: No changes or modifications to this Agreement shall be
made, nor any provisions waived, unless in writing, signed by a person authorized to sign
agreements on behalf of such party.
10. LEASE RELATIONSHIP: It is specifically agreed and understood by the
parties hereto that a landlord-tenant relationship is created under the terms of this Lease.
Nothing herein contained shall be deemed or construed by the parties hereto, nor by any
third party, as creating the relationship of partnership or of joint venture between the parties.
11. NOTICES: Any notices or other communications relating to this Agreement shall
be made in writing and may be given by (a) depositing same in the United States mail,
postage prepaid, certified mail, with return receipt requested, addressed as set forth in this
section, or (b) delivering the same to the party to be notified. Notice given in accordance
with (a) hereof shall be effective upon deposit in the United States mail. The notice
addresses of the parties hereto shall, until changed in the manner of giving notices as
provided herein, be as follows:
CITY: City of Corpus Christi
Attn: Director of Capital Programs
1201 Leopard Street
Corpus Christi, Texas 78401
RTA: Regional Transportation Authority
Attn: CEO
5658 Bear Lane
Corpus Christi, Texas 78405
11. INDEMNITY AND HOLD HARMLESS. Subject to the limitations of
applicable law relating to Texas governmental entities, RTA agrees to indemnify, defend
and hold harmless the City, its officers, employees, and agents against any and all
liability, damage, loss, claims, demands, suits, and causes of action of any nature
whatsoever on account of personal injuries, property loss or damage, or any other kind
of damage, including all expenses of litigation, court costs, and attorney's fees, 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 RTA's performance under this Lease or RTA's or any of its
agents', employees', contractors', subcontractors', officers', or invitees' use, operation,
or occupancy of the Premises and any improvements on the Premises. RTA shall at its
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.
12. INSURANCE. The RTA will provide Certificate of Insurance naming the City
as an additional insured. The RTA shall require any contractor at the Premises to provide a
Certificate of Insurance naming the City as an additional insured on their General Liability
and Auto Liability policies.
13. ENTIRE AGREEMENT: This written Agreement represents the entire
agreement of the parties and may not be modified or amended except by written instrument
signed by both the CITY and RTA.
Executed in duplicate on this effective date of Gly GLJ )J3 , 2015.
CITY OF CORPUS CHRISTI, TEXAS REGIONAL TRANSPORTATION
AUTHORITY
B y �� . Ii DKI, 'Z By:
Name: �iE/iii M. Scott Neeley, G
Title: a W4 Po di Irvin
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Date: 3./2. /S Date:tpripad
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0310 form: � JI ATTEST: REBECCA HUERTA
CITY SECRETARY
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REMAINDER
AGREEMENTq
REMAINDER OF L075 7-12 Ii
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CONC T THE S UT MONUMENT
CORNEROF NORTH eR WtEE TOUTHEASTGENERAL NOTES: Q 2 t:
BOULEVARD AND MESTMA STREET\ rears (...),
\ SEW 2T4TE71MM• /PIPE FOUND if THIS SURVEY WAS DONE WITHOUT THE m •-.1
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0— BENEFIT OF A TITLE REPORT.NOT ALL
EASEMENTS OR MATTERS OF TITLE MAY BE X Z a Q
SHOWN. WQ a' Q
4) THIS SURVEYOR CANNOT CERTIFY AS TO W O iii.
UNRECORDED EASEMENTS AND/OR RIGHTS-OF-WAV Q O W
LEGEND: THAT MAY IMPACT THE SUBJECT PROPERTY AND ARE 0 z
L Billy W. Barr Jr., Registered Professional LandNOT VISIBLE AND APPARENT.CAUTION MUST BE z
Surveyor, hereby certify that this survey was prepared 0 =I'IRON PIPE FOUND TAKEN WITH PIPELINE MARKERS INDICATING BURIED W 0
from on actual on the ground survey mode under my UNES NOT ON RECORD. W 0
direction and supervision, and represents the facts • =5/8"IRON ROD FOUND REFERENCES
found at the time of Survey, and that this Survey 01 =CALCULATED POINT VOLUME 3,PAGE 17 3) NO DEED CONCERNING THE CURRENT OWNERSHIP OF w
substantially complies With the current standards M.R.,N.C.,TX. LOT 10 WAS FOUND. Q"'
adopted by the Texas Board of Professional Land
Surveying. 0 =CONCRETE TXDOT MONUMENT
`L VOLUME 2150,PAGE 619 4) ALL BEARINGS ARE GRID BEARINGS MEASURED WITH Q
AX)-• POC =POINT OF COMMENCING VOLUME 2060,PAGE 512 THE TEXAS V0.S NETWORK AND ARE BASED ON THE w
f,af..,F,P VOLUME 2042.PAGE 864 TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH 1n
Billy W. Barr Jr. •til 0„ k. POB =POINT OF BEGINNING IDN.C.TXZONE,NORTH AMERICAN DATUM OF 1983, Q
Registered Professional A; ..,,.,.;:... W
Land Surveyor ,'$14LY N!,.BAPR,JR;,; MA.,N.C.TX=MAP RECORDS,NUECES J
Texas •Registration No. 6314 6914 COUNTY.TEXAS st
Naismith En ne4rin � /j M....' -•
D.R.,N.C.,TX=DEED RECORDS.NUKES RE✓lSaN LUTE COMMENT __
9 ^ 9, Inc.0 SURV COUNTY,TEXAS I r-n-E ADO AREA C H4TCNIfM, 1
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EXHIBIT"B"
LEASE AGREEMENT AREA
A LEASE AGREEMENT AREA COVERING ALL OF THE REMAINDERS OF LOTS 7, 8, 9,
10, 11 & 12,BLOCK 10 OF THE JONES ADDITION TO CORPUS CHRISTI,TEXAS AS
RECORDED IN VOLUME 3,PAGE 17 OF THE MAP RECORDS OF NUECES COUNTY,
TEXAS AND BEING DESCRIBED MORE PARTICULARLY BY METES AND BOUNDS
AS FOLLOWS:
COMMENCING at a concrete TXDOT monument marking the intersection of the Eastern
right-of-way line of North Brownlee Boulevard and the Northern right-of-way line of Mestina
Street;
THENCE South 89°27'47"East 719.91'to a 1"iron pipe found marking the Northwestern
corner of Lot 8,Block 1 of said Jones Addition to Corpus Christi, same point also being the
intersection of the Eastern right-of-way of Josephine Avenue and the Northern right-of-way line
of Mestina Street;
THENCE North 00°32'13"East 210.00' with the Eastern right-of-way line of Josephine
Avenue to a calculated point for the Southwestern corner of Lot 7,Block 10 of said Jones
Addition to Corpus Christi and the POINT OF BEGINNING of the herein described Lease
Agreement Area;
THENCE North 00°32'13"East 140.00' with the Eastern right-of-way line of Josephine
Avenue and the western line of said Lot 7 to a calculated point at the present Northwestern
corner of Lot 7,Block 10 of said Jones Addition(10' previously taken from the Northern end of
Block 10 for Leopard Street),said Northwestern corner also being the intersection of the Eastern
right-of-way line of Josephine Avenue and the Southern right-of-way line of Leopard Street;
THENCE South 89°27'47"East 300.00'with the Southern right-of-way line of Leopard Street
and the Northern lines of lots 7, 8, 9, 10, 11 and 12,Block 10 of said Jones Addition to a
calculated point whence a 5/8"iron rod bears South 43°02'17"East a distance of 0.93', said
calculated point being the Northeastern corner of Lot 12 and also being the intersection of the
Southern right-of-way line of Leopard Street and the Western right-of-way line of Sam Rankin
Avenue;
THENCE South 00°32'13"West 120.60' with the Western right-of-way line of Sam Rankin
Avenue and the Eastern line of lot 12 to a calculated point for the Southeastern corner of Lot 12;
THENCE South 89°57'51"West 150.00'with the South lines of lots 12, 11 and 10 to a
calculated point for the Southwestern corner of Lot 10, same point being in the Eastern line of
Lot 9;
THENCE South 00°32'13"West 17.90' with the Eastern line of Lot 9 to a calculated point for
the Southeastern corner of Lot 9;
S.\8798 LEOPARD AND JOSEPHINE\METES AND BOUNDS\LEOPARD AND JOSEPHINE MB 1-22-15.docx 1 OF 2
THENCE North 89°27'47"West 150.00' with the Southern lines of Lots 9, 8,and 7 to the
POINT OF BEGINNING at the Southwestern corner of Lot 7 and containing within these
metes and bounds 39,202.50 square feet or 0.90 acres of land.
NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, SOUTH ZONE,NAD83,AND ALL DISTANCES ARE IN US
SURVEY FEET. THIS METES AND BOUNDS DESCRIPTION ACCOMPANIES A
SEPARATE MAP EXHIBIT"A".
BillyBarrJr., 'tP•'61
W. Jr. RPLS t*E•S F rF
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Texas Registration No. 6314 43.••••;,% �o' �'
Naismith Engineering,Inc. •
TBPE F#355 TBPLS#100395-00 ' BILLY W. BARR, JR. ,;
• 6314 e,r
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Date 1 /1 J
S:\8798 LEOPARD AND JOSEPHINE\METES AND BOUNDS\LEOPARD AND JOSEPHINE MB 1-22-15.docx 2 OF 2