HomeMy WebLinkAboutC2015-051 - 3/10/2015 - Approved I
LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
CORPUS CHRISTI HISPANIC CHAMBER OF COMMERCE
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This lease agreement ("Lease") is entered into by and between the City of
Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly
authorized City Manager, or his designee ("City Manager"), and the Corpus Christi
Hispanic Chamber of Commerce ("Lessee").
WHEREAS, the City is the owner of real property known as the Tex Mex
Railroad Depot located at 1823 Chaparral, Corpus Christi Texas, together with all
improvements thereon ("Premises");
WHEREAS, Lessee has requested the use of the Premises for the purpose of
office space for its operations as the Corpus Christi Hispanic Chamber of Commerce,
upon the conditions and covenants contained in this Lease; and,
WHEREAS, City desires to allow Lessee to use the Premises for this purpose.
NOW, THEREFORE, City and Lessee, in consideration of the mutual promises
and covenants contained herein, agree as follows:
Section 1 Definitions.
(A) City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation.
(B) City Manager means the City's City Manager or the City Manager's designee.
(C) Council means the City's City Council.
(D) Director means the City's Director of Park and Recreation or the Director of Park
and Recreation's designee.
(E) Finance Director means the City's Director of Finance or the Director of
Finance's designee.
(F) Lease means this lease document, including all attached and incorporated
exhibits.
(G) Lessee means Corpus Christi Hispanic Chamber of Commerce.
(H) Parks means the City's Park and Recreation Department.
2015-051
3/10/15
Ord.030446
CC Hispanic Chamber of Commerce INDEXED
2
(I) Premises means the Tex Mex Railroad Depot located at 1823 Chaparral,
Corpus Christi Texas, together with all improvements thereon.
(J) Risk Manager means the City's Director of Risk Management or the Director of
Risk Management's designee.
Section 2. Purpose.
The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize
Premises for office space for its business operations. Lessee shall not operate the
Premises for any other purpose without Director's prior written approval.
Section 3. Term.
The City leases the Premises, subject to all terms and conditions of this Lease, to the
Lessee on a five year term beginning , effective upon final City
Council approval, unless sooner terminated as set out herein. Lessor agrees Lessee
may, after occupying Premises for not more than six months, terminate this Lease and
vacate the Premises if conditions at Premises are unsuitable for purposes of Lessee.
Section 4. Acceptance of Premises Disclaimer:
A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS
IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER
LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY
REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH
PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION,
CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF
SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF
HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET
FORTH IN THIS LEASE.
B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN
PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE
PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR
THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS
RELYING ON ITS OWN INSPECTION.
C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND
IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE,
IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT
DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY
LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT
RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY
3
LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS,
BUT IS RELYING ON ITS EXAMINATION THEREOF.
D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.
Section 5. Lease Payments.
(A) For and in consideration of the rights and privileges herein granted, Lessee
agrees to pay the City, on a monthly basis, nine hundred dollars per month.
(B) In lieu of the monthly rental fee for the first 36 months, Lessee agrees to make
the repairs to the premises listed in Exhibit "A", "the Improvements". The monthly
rental fee will be discounted $450 monthly for months 37 to 48 for Lessee's
continued repairs to the premise.
(C) All rental fees are due and payable on or before the 10th day of each month for
the term of this Lease. Payment must be made to the order of the City of Corpus
Christi and mailed to the City Collections Department, P. O. Box 9257, Corpus
Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus
Christi, TX, 78401.
Section 6. Construction of Improvements.
Prior to commencing any work at the Premises, Lessee shall coordinate with the
Director of Parks and Recreation to verify that Lessee has sufficient funds on hand to
complete the Improvements.
When constructing the Improvements, Lessee shall ensure that the plans and
specifications shall be prepared by state-licensed architects or engineers. All
proposals, contracts, evidence of contractor insurance coverages and City building and
construction permits shall be presented to the City Director of Capital Programs and
City Director of Parks and Recreation prior to construction. The plans and
specifications are subject to prior written approval of the City Director of Capital
Programs and City Director of Parks and Recreation.
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:
Payment Bond — A payment bon din the amount of One Hundred Percent 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
4
an obligee. However, this requirement does not apply if the amount of the construction
contract is $25,000 or less.
Performance Bond. A performance bond in the amount of One Hundred Percent of the
contract shall be furnished covering the faithful performance of the contract. The
performance bond shall be made with City as an obligee. However, this requirement
does not apply if the amount of the construction contract is $100,000 or less.
Lessee shall include in all construction contracts for the Improvements, in large, bold
face text: "Contractor does hereby agree to release, indemnify, defend and hold
harmless City of Corpus Christi, 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
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 the construction contract, 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."
Lessee shall also require the contractors in all construction agreements for the
Improvements to furnish insurance in such amounts as specified in Exhibit B.
Lessee agrees that the Director of Capital Programs or designee, as well as the
Director of Parks and Recreation or designee, will make visits to the Premises at
intervals appropriate to the various stages of construction, as they deem necessary.
Lessee agrees that the Director of Capital Programs or designee will have the authority
to reject Work believed to be defective. Lessee agrees to promptly correct all defective
work.
Lessee agrees that all work performed shall be done in full compliance and in
accordance with all federal, state and local laws, ordinances, codes and regulations,
including but not limited to the Americans with Disabilities Act and the Americans
with Disabilities Act Accessibility Guidelines and such work shall be subject to City
inspection during the performance thereof and after it is completed.
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
5
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 the Improvements thereon, and
Lessee will discharge any such lien within thirty (30) days after notice of filing
thereof.
Lessee shall conduct its operations under this Agreement in an orderly and
proper manner, considering the nature of such operation, so as not to unreasonably
annoy, disturb, or endanger others.
Lessee agrees that the Improvements listed in Exhibit A shall be completed within
six (6) months from date of this Agreement.
The complete cost of developing all necessary plans and specifications, as provided in
this Agreement, and the cost of construction of the Improvements shall be borne solely
by the Lessee at no expense to the City whatsoever. Lessee shall pay all taxes, special
assessments, or levies, if any, assessed against the Premises or Improvements.
Upon completion of the Improvements, Lessee shall donate them to the City upon
acceptance by the City Director of Parks and recreation. Any warranties given to
Lessee regarding the Improvements shall be transferred and assigned to the Ctiy at the
same time as the Improvements are accepted by the City.
Section 7. Utilities.
(A) The Premises is wired for telephone service; however, Lessee shall contract
separately with a telephone service provider of Lessee's choice for the provision
of active telephone service, which service is to be incurred at Lessee's sole
expense.
(B) The Premises is wired for electrical service and has a separate electric meter.
Lessee shall contract for electric service to the Premises. Lessee shall bear the
cost of all electricity used at the Premises for the term of this Lease.
(C Water and sewage service is available at the Premises. Lessee shall bear the
cost of all water and sewage service by the City.
(D) Should Lessee require any modification to the provision of the enumerated
utilities in this section or require any additional utility service not herein covered
during the term of this Lease, Lessee shall submit a request, in writing, to the
Director for consideration and possible amendment of this Lease.
(E) Lessee shall pay for all utilities related to usage of Premises prior to the due
date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for
termination of this Lease.
6
Section 8. Abandonment, Interruption of Utilities, Removal of Lessee's Property,
and Lockout.
Chapter 93 of the Texas Property Code governs the rights and obligations of the parties
with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c)
removal of Lessee's personal property; and (d) lock out of Lessee.
Section 9. Maintenance.
During the term of this Lease, Lessee will maintain, at its sole expense, the Facilities
and any Improvements on the Property, including without limitation all fixtures
connected therewith, and all personal property thereon. Lessee shall obtain, at its own
expense, all building permits, all utility services, garbage collection, janitorial services,
and similar services.
Section 10. Furniture, Fixtures, and Equipment.
(A) It is understood that Lessee will be responsible for furnishing and equipping the
Premises and that the City has no obligation to furnish any equipment or
furnishings for Lessee.
(B) All capital construction to the premises, such as installation of plumbing fixtures,
remains the property of the City.
Section 11. City Use.
City retains the right to use or cross the Premises with utility lines and
easements. City may exercise these rights without compensation to Lessee for
damages to the Premises from installing, maintaining, repairing, or removing the
utility lines and easements. City must use reasonable judgment in locating the
utility lines and easements to minimize damage to the Premises.
Section 12. Laws Affecting Operation of Premises and Performance.
(A) Lessee shall ensure that purpose of its use of the Premises is in accordance with
all applicable Federal, State, and local laws, ordinances, rules and regulations.
(B) Lessee shall bear the expense and responsibility of meeting all requirements for
acquiring all applicable licenses and permits related to its operations. Lessee
shall also bear the expense of meeting and complying with all health regulations
and Certificate of Occupancy requirements.
7
Section 13. Inspection.
Any officer or authorized employee of the City may enter upon the Premises, at all
reasonable times and notice, to determine whether Lessee is providing maintenance in
accordance with and as required by above, or for any other purpose incidental to City's
retained rights of and in the Premises.
Section 14. Relationship of Parties.
This Lease establishes a landlord/tenant relationship, and none other, and this Lease
must be construed conclusively in favor of that relationship. In performing this Lease,
both City and Lessee will act in an individual capacity and not as agents,
representatives, employees, employers, partners, joint venturers, or associates of one
another. The employees or agents of either party shall not be, nor be construed to be,
the employees or agents of the other party for any purpose whatsoever.
Section 15. Insurance.
(A) Lessee shall secure and maintain at Lessee's expense, during the term of this
Lease, insurance of the type and with the amount of coverage shown on the
Exhibit "B", which is incorporated in this Lease by reference.
(B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy
of and operations at the Premises. Lessee agrees to notify Lessor of any
substantive change to its insurance coverage.
(C) Lessee shall provide, during the term of this Lease, copies of all insurance
policies to the Risk Manager upon written request by the City Manager. The Risk
Manager shall retain the right to annually review the amount and types of
insurance maintained by Lessee, to require increased coverage limits, if
reasonably necessary in the interest of public health, safety, or welfare, and to
decrease coverage, if so warranted.
(D) In the event of any necessary increase, Lessee shall receive ninety (90) days
written notice prior to the effective date of the requirement to obtain increased
coverage. In the event alcoholic beverages are to be served or consumed on
any Premises covered by this Lease, the Lessee shall additionally obtain or
cause to be obtained alcoholic beverage liability insurance in the amount of one
million dollars ($1,000,000.00) covering the event or time period when alcoholic
beverages are to be served or consumed.
(E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises,
obtain prior clearance, in writing, from the Risk Manager that the proposed
addition or alteration will not necessitate a change or modification in the existing
insurance coverage maintained by Lessee. This clearance is in addition to the
prior consent required by Section 19(a), as contained herein.
(F) The City carries the property and flood insurance on the building. Lessee is
responsible for insuring its own contents.
8
Section 16. Indemnity.
In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor")
covenants to fully indemnify, save and hold harmless the City, its officers,
agents, representatives, and employees (collectively, "Indemnitees") from and
against any and all liability, loss, damages, claims, demands, suits, and causes of
action of any nature whatsoever asserted against or recovered from City on
account of injury or damage to person including, without limitation on the
foregoing, premises defects, workers' compensation and death claims, or
property loss or damage of any other kind whatsoever, to the extent any injury,
damage, or loss may be incident to, arise out of, be caused by, or be in any way
connected with, either proximately or remotely, wholly or in part: (1) Lessee's
performance pursuant to this Lease; (2) Lessee's use of the Premises and any
and all activities associated therewith pursuant to this Lease; (3) the violation by
Lessee, its officers, employees, agents, or representatives or by Indemnitees or
any of them, of any law, rule, regulation, ordinance, or government order of any
kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights
under this Lease; or (5) an act or omission on the part of Lessee, its officers,
employees, agents, or representatives or of Indemnitees, or any of them,
pertaining to this Lease, regardless of whether the injury, damage, loss, violation,
exercise of rights, act or omission is caused or is claimed to be caused by the
contributing or concurrent negligence of Indemnitees, or any of them, but not if
caused by the sole negligence of Indemnitees, or any of them, unmixed with the
fault of any other person or entity and including all expenses of litigation, court
costs, and attorneys' fees, which arise, or are claimed to arise, out of or in
connection with the asserted or recovered incident.
Lessee covenants and agrees that, if City is made a party to any litigation against
Lessee or in any litigation commenced by any party, other than Lessee relating to
this Lease, Lessee shall, upon receipt of reasonable notice regarding
commencement of litigation, at its own expense, investigate all claims and
demands, attend to their settlement or other disposition, defend City in all actions
based thereon with legal counsel satisfactory to City, and pay all charges of
attorneys and all other costs and expenses of any kind whatsoever arising from
any said liability, injury, damage, loss, demand, claim or action.
Such indemnity provisions contained in this Section 16 herein apply to the extent
insurance (as approved by City in Section 15) may apply for protection of the City
and Lessee.
Section 17. Alterations.
(A) Lessee agrees not to harm the Premises beyond normal wear and tear.
B) All alterations, improvements, and additions made by the Lessee upon said
Premises, which are permanent in nature, even if made at Lessee's own
9
expense, shall, if not removed by Lessee at any termination or cancellation
hereof, become the property of the City in fee simple without any other action or
process of law. Lessee agrees to be contractually and financially responsible for
repairing any and all damage caused by such removal. If items are installed in
such a manner as to become fixtures, such fixtures shall not be removed by
Lessee upon termination and shall become the property of the City.
Section 18. Signs.
(A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements,
notices, or other lettering ("Signs") at, on, or about the Premises, or any part
thereof, without the Director's prior written approval.
(B) City may require Lessee to remove, repaint, or repair any Signs allowed. If
Lessee does not remove, repaint, or repair the Signs within ten (10) days of
Director's written demand, City may do or cause the work to be done, and
Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice.
If payment is not timely made, the City may terminate this Lease upon ten (10)
days written notice to Lessee. Alternatively, City may elect to terminate this
Lease after ten (10) days written notice to Lessee.
Section 19. Sublease and Assignment.
Lessee understands and agrees that Lessee shall not sublease the Premises or any
part thereof without obtaining the prior written consent of the City. Lessee shall not, in
whole or in part, assign or transfer directly or indirectly this Lease unless prior written
approval has been obtained from the City. Written consent or approval shall not be
unreasonably withheld by Lessor.
Section 20. Default.
(A) The following constitute Events of Default under this Lease:
(i) failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Lease.
(B) Upon the occurrence of any Event of Default, the City may, at its option, in
addition to any other remedy or right given hereunder or by law:
(i) give notice to Lessee that this Lease terminates upon the date specified in
the notice, which date will be no earlier than thirty (30) days after the
giving of such notice.
10
Section 21. No debts.
Lessee shall not incur any debts or obligations on the credit of the City during the term
of this Lease.
Section 22. Notice.
(A) All notices, demands, requests or replies provided for or permitted under this
Lease by either party must be in writing and must be delivered by one of the
following methods: (i) by personal delivery; or (ii) by deposit with the United
States Postal Service as certified or registered mail, return receipt requested,
postage prepaid.
(B) Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the
United States Postal Service.
(C) All these communications must only be made to the following:
IF TO CITY: IF TO LESSEE:
City of Corpus Christi Corpus Christi Hispanic
Park and Recreation Department Chamber of Commerce
P. O. Box 9277 P.O. Box 5523
Corpus Christi, Texas 78469-9277 Corpus Christi, TX 78401
Attn: Director of Park and Recreation Attn:
(D) Either party may change the address to which notice is sent by using a method
set out above. Lessee shall notify the City of an address change within ten (10)
days after the address is changed.
Section 23. Nondiscrimination.
Lessee covenants and agrees that it shall not unreasonably discriminate nor permit
discrimination against any person or group of persons, with regard to employment and
the provision of services at, on, or in the Premises, on the grounds of race, religion,
national origin, marital status, sex, age, disability, or in any manner prohibited by the
laws of the United States or the State of Texas. The City hereby reserves the right to
take such action as the United States may direct to enforce this covenant.
11
Section 24. Modifications.
No changes or modifications to this Lease may be made, nor any provisions waived,
unless the change or modification is made in writing and signed by persons authorized
to sign agreements on behalf of each party.
Section 25. Force Majeure.
No party to this Lease shall be liable for delays or failures in performance due to any
cause beyond their control including, without limitation, any delays or failures in
performance caused by strikes, lock outs, fires, acts of God or the public enemy,
common carrier, severe inclement weather, riots or interference by civil or military
authorities. These delays or failures to perform shall extend the period of performance
until these exigencies have been removed.
Section 26. Surrender.
Lessee acknowledges and understands that the lease of the Premises to Lessee is
expressly conditioned on the understanding that the Premises must be surrendered,
upon the expiration, termination, or cancellation of this Lease, in as good a condition as
received, reasonable use and wear, acts of God, fire and flood damage or destruction
where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or
corrections for which Lessee is responsible under this Lease are payable by Lessee to
City as additional rental on the next rental payment date, or within 30 days written
demand.
Section 27. Publication Costs.
Lessee shall pay for the cost of publishing the Lease description and related ordinance,
if required by the City Charter, in the legal section of the local newspaper.
Section 28. Interpretation.
This Lease will be interpreted according to the Texas laws that govern the interpretation
of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into
and will be performed.
Section 28. Captions.
The captions utilized in this Lease are for convenience only and do not in any way limit
or amplify the terms or provisions hereof.
12
Section 29. Casualty.
If the Premises become damaged due to weather event, fire, or other natural or man-
made disaster, such that the Premises are not deemed safe for occupation by the City
Building Official, and repairs are not completed within 30 days of the event of disaster,
then either party may terminate this lease upon 30 days written notice to the other party,
without penalty.
Section 30. Termination.
It is Lessee's responsibility to remove its personal property from the Premises prior to
termination or expiration of the Lease. Lessee agrees that any of personal property
remaining on the Premises after the termination or expiration of the Lease automatically
becomes City property without any notice, action, or process of law, for disposition by
the City as City deems appropriate in City Manager sole discretion, with no
compensation to Lessee. Lessee shall be invoiced for City's costs to remove property
from the Premises after termination or expiration of the Lease, and Lessee shall pay
said invoice within thirty (30) days of receipt.
Section 31. Entirety Clause.
This Lease and the incorporated and attached exhibits constitute the entire agreement
between the City and Lessee for the purpose granted. All other agreements, promises,
representations, and understandings, oral or otherwise, with reference to the subject
matter hereof, unless contained in this Lease are expressly revoked, as the parties
intend to provide for a complete understanding within the provisions of this Lease and
its exhibits of the terms, conditions, promises, and covenants relating to Lessee's
operations and the Premises to be used in the operations.
Section 32. Severability.
(A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase,
or word of this Lease or the application hereof to any person or circumstance is,
to any extent, held illegal, invalid, or unenforceable under present or future law or
by a final judgment of a court of competent jurisdiction, then the remainder of this
Lease, or the application of said term or provision to persons or circumstances
other than those as to which it is held illegal, invalid, or unenforceable, will not be
affected thereby, for it is the definite intent of the parties to this Lease that every
section, paragraph, subdivision, clause, provision, phrase or word hereof be
given full force and effect for its purpose.
(B) To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Lease, then the
remainder of this Lease is not affected thereby, and in lieu of each such illegal,
invalid, or unenforceable clause or provision, a clause or provision, as similar in
terms to such illegal, invalid, or unenforceable clause or provision as may be
13
possible and be legal, valid and enforceable, will be added to this Lease
automatically by the Court construing such clause or provision to be invalid.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on the / WiL
day of , 2015.
ATTEST: CITY OF CORPUS CHRISTI
1-2,i,e.,,, 4„L.,,t,,, , ,
Rebecca Huerta Ronald L. Olson
City Secretary `City Manager
LESSEE: CORPUS CHRI` HISPANIC CHAMBER OF COMMERCE
/ ~!
By: „'_ Iii
r
Name: IQ.r2Sc. VWc,k\,)Q. 2
t
--N d
Title: �Q S�, � O.�
Date: O \ ! I ( / IJ
°S-CLCCI AUlnUhiL.,..
1P4- 4°
—.....4
sr COUNCIL.. 10j 0
sECA'ETItR�
APPROVED AS TO LEGAL FORM this l'a day of A- , 2014.
By: o,.vy7
Lisa Aguilar Assistant ti,, Attorney
for City Attorney
Exhibit A
111141,
Solutions Today with a
engineers I architects I contractors Vision for Tomorrow
PROPOSAL
Date: December 26, 2014 Email/Fax: trodriguez@cchispanicchamber.org
To: Corpus Christi Hispanic Chamber of Commerce Project: Railroad Depot Building Remodel
LNV, Inc. is please to provide the following proposal:
Scope of Work: Supply all labor, materials, equipment and insurance required to:
• Siding replacement - $ 10,000
• Flooring refinishing- $4,500
• Internal Finish out - $45,000
• HVAC ductwork- $4,500
• Electrical work for internal finish out -6,500
• Install new tile in restrooms -$4,500
• Estimated Construction schedule for completion will be approx. 150 calendar days
TOTAL: $ 75,000.00
Respectfully Submitted
LNV, Inc.
Chris Martin
Vice President of Construction
cmartin(c�lnvinc.com
This proposal is void if not accepted in writing within 45 days after the date first noted above.
However, when executed by both parties, it shall become the contract for the services described above.
Date:
Signed by Authorized Representative
801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408
OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM
EXHIBIT B
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this contract 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 and Director of Parks and Recreation Dept.
two (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 listed as an additional insured on the General liability and
Auto Liability policies, and a waiver of subrogation is required on all applicable policies.
Endorsements must be provided with Certificate of Insurance. Project name and/or
number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
All states endorsement required if Lessee
is not domiciled in State of Texas.
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be
responsible for insuring all owned,
leased or rented personal property.
C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk
Manager with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable 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. An All States Endorsement shall be required if
Lessee is not domiciled in the State of Texas.
B. 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. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at
the address provided below within 10 days of any change made by the Lessee or as requested
by the City. Lessee shall pay any costs incurred resulting from said changes. All notices under
this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
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:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by
endorsement with regard to operations, completed 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, cancellation,
non-renewal, material change or termination 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 cancellation, non-renewal, material change or termination 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 subcontractor's performance of the work covered under this contract.
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 contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this contract.
2014 Insurance Requirements
Parks and Recreation Dept.
Corpus Christi Hispanic Chamber Lease Agreement
12/30/14 ds Risk Management