HomeMy WebLinkAboutC2016-070 - 1/19/2016 - Approved GULF COAST GEM AND MINERAL SOCIETY
LEASE
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
WHEREAS, the City of Corpus Christi ("City") owns the building and facilities
located at 3933 Timon; and
WHEREAS, the Gulf Coast Gem and Mineral Society ("Lessee"), a non-profit
organization, desires to utilize a part of the building at 3933 Timon;
NOW, THEREFORE, the parties, in consideration of the mutual promises and
covenants herein, agree as follows:
1. Definitions.
A. City— City of Corpus Christi.
B. City Manager— City Manager of Corpus Christi or designee.
C. Council — City Council.
D. Director— Director of Park and Recreation Department or designee.
E. Facility— Building at 3933 Timon.
F. Lessee —The Gulf Coast Gem and Mineral Society.
2. Term. City grants a lease of a portion of he building located at 3933 Timon
("Facility") as depicted on the attached Exhibit A subject to all of the terms and
conditions of this Lease to the Gulf Coast Gem and Mineral Society. The term of this
Lease is for 3 years commencing on day of final Council approval.
3. Consideration. In consideration of City's Lease of the Facility to Lessee,
Lessee agrees to provide Community Programs as follows. Lessee will provide the
public lapidary classes and lapidary workshop programs to promote interest from the
general community and Park and Recreation Senior Centers. All revenue generated
from said classes will be collected by City with the revenue to be split 65% to Lessee
and 35% to City.
4. Lessee Services and Responsibilities
A. City Use. If Lessee is not using the Facility, City has the right to use any
or all of the Facility for recreational purposes.
B. Lessee Usage. Lessee may use the Facility for its meetings and as a
workshop, except that Lessee agrees to allow use of the Facility by the Park and
recreation Department to support its summer aquatics program on Corpus Christi
Beach. Lessee's use of the Facility is also subject to all other restrictions contained
herein.
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2016-070 -AY
1/19/16
Ord. 030742
Gulf Coast Gem and Mineral INDEXED
C. Maintenance. Lessee shall maintain the Premises in accordance with the
schedule attached hereto and incorporated herein as Exhibit B. If Lessee is unable to
perform maintenance tasks as scheduled, or within a timely manner, the City Manager
may terminate this Lease upon fifteen (15) days written notice to Lessee.
D. Utilities. City shall pay for utilities at the Facility except that Lessee
agrees to pay City $45/month toward electrical usage.
E. Voting Accommodations. This facility is a polling location for a variety of
public elections. Any and all requirements, schedules, and demands by the relative
agency conducting the election must be observed by the Lessee with no exception, at
no cost to the agency.
F. Insurance. Lessee must secure and maintain at Lessee's expense during
the term of Agreement, a Commercial General Liability insurance policy with the limits
and requirements shown on the attached and incorporated Exhibit C. The Certificate of
Insurance must be sent to Director and a copy of City's Risk Manager and must provide
30 days written notice of cancellation, intent to not renew or material change of any
coverage required herein. Association will provide copies of all insurance policies to the
City Attorney upon City Manager's written request.
Lessee is responsible for providing insurance coverage for any and all equipment stored
at the facility, to include any improvements made by Lessee to the Facility. It may, at its
discretion, wish to protect its equipment from theft or damage. The City will not be
responsible for any damage or loss whatsoever to or of Lessee equipment. Lessee
cannot begin operation under this Lease until it provides a certificate(s) of insurance for
all required insurance to the Director.
5. City Responsibilities.
A. Capital Improvements. City may, from time to time, and in City's sole
discretion, undertake capital improvements to the Facility. Prior to commencing
any capital improvements, City shall notify Lessee, in writing, of the dates in
which Lessee shall be required to vacate the Facility, should the Director deem
this necessary. Lessee agrees that the term of this Lease shall not be prorated
for the period in which Lessee is restricted from entering the Facility for the
purposes of constructing capital improvements. Lessee acknowledges and
understands that City shall have no obligation to provide an alternate location for
Lessee during any period that Lessee must vacate the Facility. Capital
improvements which City determines are needed will be funded by City at its
discretion. City has no obligation for repair or maintenance to the facilities.
B. Contract Person/Lease Administrator. For this Lease, City's contact
person and lease administrator is the Director of Parks and Recreation.
6.. Default. The following will constitute events of default:
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Gulf Coast Gem and Mineral Society
A. Failure to maintain any item set out in Section 3 and 4.
B. Failure to maintain any insurance required by City.
C. Failure to keep, perform, and observe all other promises, covenants, and
conditions contained in this Lease.
D. Lessee will be notified in writing of any default and will have 15 days to cure
the default. If said default is not cured within 15 days of receipt of written notice of
default, Director may provide Lessee with written notice of termination of this Lease
effective upon receipt of said termination notice.
7. Concession. Food/drink concession and retail sales operations by Lessee are
strictly prohibited.
8. Laws. Lessee shall comply with all applicable laws, ordinances, regulations and
rules of the Federal, State, County, and City governments which may be applicable to
its operations at the Facility and its performance under this agreement. This Lease is
also subject to applicable provisions of the City Charter.
9. Alterations. Lessee will not make any additions or alterations to the Facility
without Director's prior written consent. Any permanent additions or alterations made
by Lessee will become the property of City at the expiration of this Lease.
10. Relationship. This Lease establishes a Landlord/Tenant relationship, and
none other. In performing this Lease, both City and Lessee will act in an individual
capacity and not as agents, employees, partners, joint venturers, or associates of one
another. The employees or agents of either party are not, nor construed to be, the
employees or agents of the other party for any purpose whatsoever.
11. Indemnity. In consideration of allowing Lessee to use the Premises,
Lessee, its officers, members, employees, representatives, and agents
(collectively, "Indemnitors") covenant to fully indemnify, save and hold
harmless the City, its officers, agents, representatives, and employees
("Indemnitees")from and against any and all liability, loss, damages, claims,
demands, suits, and causes of action of any nature on account of death,personal
injuries,property loss or damage, or any other kind of injury or damage,
including all expenses of litigation, court costs, and attorneys'fees, which arise,
or are claimed to arise, out of or in connection with Lessee's use of the Premises
and all activities associated therewith pursuant to this Lease, regardless of
whether such injuries, death, or damages are caused, or are claimed to be caused
by the concurrent or contributing negligence of Indemnitees, but not if caused by
the sole negligence of Indemnitees unmixed with the fault of any other person or
entity.
Lessee covenants and agrees that it City is made a party to any litigation
against Lessee or in any litigation commenced by any party, other than Lessee
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Gulf Coast Gem and Mineral Society
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, and pay all charges of attorneys and all other costs and expenses
of any kind arising from any said liability, damage, loss, demand, claim, or
action.
12. Assignment. This Lease may not be assigned nor sublet without the prior written
approval of the Director of Parks and Recreation. •
13. Nondiscrimination. Lessee covenants that all its members and guests will be
treated equally without regard to their race, religion, national origin, sex, age, or
disability and in compliance with all federal and state laws prohibiting discrimination in
employment.
14. Cancellation. This Lease may be canceled without cause by either party if the
party canceling has given the other party 45 days prior written notice of the date of
cancellation.
15. Notice. All notices which may or are required to be sent under this Lease must
be sent by certified mail or hand delivered as follows:
If to City:
City of Corpus Christi
Park and Recreation Department
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Attention: Director of Park and Recreation
(361) 826-3464
If to Lessee:
Gulf Coast Gem and Mineral Society
P.O. Box 60781
Corpus Christi, Texas 78466
Attention: Current President
(361) 883-1908
http://www.qcqms.orq
Either party may change the address to which notice is sent by using a method
set out above. Lessee will notify City of any address change within 30 days after the
address is changed.
16. Waiver. Any waiver by the parties of a breach of any covenants, terms,
obligations or events of default is not a waiver of any subsequent breach, nor does the
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Gulf Coast Gem and Mineral Society
failure to require full compliance with the Lease change the terms of the Lease or estop
the Parties from enforcing the terms of the Lease.
17. Modifications. No changes or modifications to this Lease may be made, nor
any provision waived, unless in writing and signed by a person authorized to sign
agreements on behalf of each party.
18. Inspection. Any officer or authorized employee of City may enter upon Facility
at all reasonable times and without notice, to determine whether Lessee is performing in
accordance with the terms of this Lease or for any purpose incidental to City's retained
rights of Facility.
19. Signs. Lessee must not post signs or advertising at Facility without the
Director's prior written approval.
20. Surrender. Upon expiration or cancellation of this Lease, Lessee must return
Facility to City in reasonably good condition, ordinary wear and tear excepted.
21. Publication. Lessee agrees to pay the costs of newspaper publication of this
Lease and related Ordinance as required by the City Charter.
ti (—Ft,
SIGNED IN DUPLICATE THIS I L± day of 2015c°
ATTEST: CITY OA O' "U, CHS STI 9
4
Rebecca Huerta, City Secretary itRonal• . a[son, C Manager
Legal form approved on 12/0l I
By: 4,21
Lisa Aguilar, Assist t City Attorney
For City Attorney
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Gulf Coast Gem and Mineral Society
GULF COAST GEM AND MINERAL SOCIETY
By. � �� /a/�/ 0.
e: • • • y
e: ,f„.Z:J
Date: 1 / /7 ev c
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Gulf Coast Gem and Mineral Society
Exhibit A—Kiwanis Recreation Center
Seagull Blvd
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Timon Blvd
EXHIBIT B
GULF COAST GEM AND MINERAL SOCIETY
MAINTENANCE SCHEDULE AND RULES — 3933 Timon Blvd
Section 1. Lessee shall maintain the Premises at all times during the term of this
Lease in a clean and sanitary condition and, at the expiration of Lease, shall return said
Premises to City in reasonably good condition, ordinary wear and tear and acts of God,
excepted; and fire and flood damage or destruction, where Lessee is without fault,
excepted.
Section 2. If Director provides written notice to Lessee of necessary maintenance,
Lessee shall have ten (10) days to complete said maintenance. If said maintenance is
not completed, Director may undertake said maintenance and bill Lessee for the cost.
Lessee shall pay said billed costs within thirty (30) days of receipt of invoice from City.
If payment is not timely made, City may terminate this Lease upon ten (10) days written
notice to Lessee. Alternatively, City may terminate this Lease upon ten (10) days
written notice.
Section 3. The Director may, at any time during the term of this Lease, promulgate
such additional and reasonable maintenance rules as may be necessary for the efficient
and safe operation of the Premises. Director will notify Lessee, in writing, at least ten
(10) days prior to the implementation of any new rule(s) under this Lease.
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Gulf Coast Gem and Mineral Society
EXHIBIT C
INSURANCE REQUIREMENTS
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the City.
Lessee must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of
Insurance with applicable policy endorsements showing the following minimum
coverage by an insurance company(s) acceptable to the City's Risk Manager. The City
must be named as an additional insured on the General liability policy, and a blanket
waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability including: $500,000 COMBINED SINGLE LIMIT
1. Commercial Broad Form
2. Premises— Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
(When applicable) $1,000,000 COMBINED SINGLE LIMIT
LIQUOR LIABILITY COVERAGE
If liquor being served
Lessee will be responsible for any and
Property Coverage all damage to equipment used
regardless if owned, rented, leased or
borrowed.
WORKERS' COMPENSATION Applicable when employs paid
employees,
WHICH COMPLIES WITH THE
TEXAS WORKERS' COMPENSATION
ACT AND SECTION II OF THIS
EXHIBIT
EMPLOYERS' LIABILITY $500,000 /$500,000 /$500,000
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Gulf Coast Gem and Mineral Society
C. In the event of accidents of any kind related to this lease agreement, Lessee
must furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable when employing paid employees, Lessee must obtain workers'
compensation coverage through a licensed insurance company. The coverage must be
written on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in an amount sufficient to
assure that all workers' compensation obligations incurred by the Lessee will be
promptly met.
B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees
right to maintain reasonable deductibles in such amounts as are approved by the City,
Lessee shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Lessee's sole expense, insurance coverage written on an
occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M. Best's rating of no less than A- VII.
C. The City shall be entitled, upon request and without expense, to receive copies of
the policies, declarations page and all endorsements thereto as they apply to the limits
required by the City, and may require the deletion, revision, or modification of particular
policy terms, conditions, limitations or exclusions (except where policy provisions are
established by law or regulation binding upon either of the parties hereto or the
underwriter of any such policies). Lessee shall be required to comply with any such
requests and shall submit a copy of the replacement certificate of insurance to City at
the address provided below within 10 days of the requested change. Lessee shall pay
any costs incurred resulting from said changes. All notices under this Article shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Management and
Director of Parks and Recreation
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Lessee agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations
and activities of, or on behalf of, the named insured performed under contract
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Gulf Coast Gem and Mineral Society
with the City, with the exception of the workers' compensation and professional
liability polices;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not
less than ten (10) calendar days advance written notice for nonpayment of
premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Lessee shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Lessee's performance
should there be a lapse in coverage at any time during this contract. Failure to provide
and to maintain the required insurance shall constitute a material breach of this
contract.
F. In addition to any other remedies the City may have upon Lessee's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Lessee to stop work
hereunder, and/or withhold any payment(s) which become due to Lessee hereunder
until Lessee demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Lessee may be held responsible for payments of damages to persons or property
resulting from Lessee's or its subcontractor's performance of the work covered under
this agreement.
H. It is agreed that Lessee's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
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Gulf Coast Gem and Mineral Society
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-34251
Gulf Coast Gem and Mineral society, Inc.
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/01/2016
being filed.
City of Corpus Christi Date Ack owledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
111
Lease for a portion of the building and facilities located at 3933 Timon Blvd.Corpus Christi,Texas
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Wheeler, Russell Corpus Christi,TX United States X
Crook-Abel,Wendy Corpus Christi,TX United States X
Villarreal,Janelle Corpus Christi,TX United States X
Trejo, Robert Corpus Christi,TX United States X
Schade,Gene Corpus Christi,TX United States X
Wolbrink,Mark Corpus Christi,TX United States X
Hollenshead, Melanie Corpus Christi,TX United States X
Simpson,Linda Corpus Christi,TX United States X
Simpson,Jerrold Corpus Christi,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that thea ove disclosure is true and correct.
Wi- JENNY MARCH
*4* * NOTARY PUBLIC STATE OF TEKAS
MY COMM.E)0'.1/11/20®0
„ - NOTARY ID 130490969 Signa re of authorized agen of contracting business entity
Of
AFFI OTARY STAMP!SEAL ABOVE ,,//�� I,, + ,(�
Sworn to and subscribed before me,by the said 1�u5sell UJi osi Qr this the day of 1'"1 p(; ,
20 % ,to certify which,witness my hand and seal of office.
,k , StnnU� r t 1Qr&h
ignatu o)officer administering oath Printed name officer administering oath Title of officer ad istering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312