HomeMy WebLinkAboutC2016-580 - 12/13/2016 - Approved PARKING SPACE LEASE AGREEMENT
This Lease Agreement ("Lease") is entered into this N3 day o 4e16 by
and between 101 SHORELINE LIMITED, a Texas limited partnership, hereinafter
referred to as the "Lessor", and the CITY OF CORPUS CHRISTI, a Texas home-rule
municipal corporation, hereinafter referred to as the "Lessee".
WHEREAS, Lessor owns title to certain real property and improvements thereon, a
parking lot with parking spaces, located on the property bounded by Kinney, Chaparral,
Water, and Cooper's Alley Streets, Corpus Christi, Nueces County, Texas, legally
described as Block 2, South Beach Addition, as shown on "Exhibit A", attached hereto
and incorporated herein for all purposes; and
WHEREAS, Lessee desires to lease one hundred fifty (150)parking spaces, as marked
in Exhibit A, ("Leased Premises')for parking purposes; and
WHEREAS Lessor and Lessee had previously entered into a lease agreement for a
term of five (5)years which expires on the 22nd day of July, 2016,
WHEREAS the Lessor and Lessee agree to renew the lease agreement for an additional
term of five (5) years.
NOW THEREFORE, in consideration of the mutual covenants in this agreement, the
Lessor and Lessee hereby agree as follows:
Section 1. TERM:
The term of this Lease is for five (5)years, beginning on the date of City Council
approval (commencement date).
Section 2. RENT:
The Lessee agrees to pay the Lessor the sum of $6,620 per month as rent, which
shall be due and payable without demand or notice on or before the twenty-second
(22nd) day of each month during the term of this Lease, beginning on the
Commencement Date.
Section 3. CPI RENTAL ADJUSTMENT:
The monthly rental fee from the anniversary date of this lease to December 31st of such
calendar year shall be as set forth in Section (2) Rent Provisions of this lease. Effective
on the first day of January of the calendar year immediately following the anniversary
year of the execution of this lease and each January first of each year during the term of
this lease, an adjustment of the monthly rental shall take place. Such adjustment shall
be based upon the Consumer Price Index (CPI).
On the 1st day of January of each year referenced above, the Consumer Price Index, all
items, U.S., 1967=100, (or the replacement index if the Consumer Price Index has been
discontinued) will be compared to the Index on the origination date of this lease and any
2016-580
12/13/16
M2016-153
101 Shoreline Limited
INDEXED
increase will be multiplied against the monthly rental fee set forth in Section (2) Rent
Provisions, to determine the monthly rental rate for the next ensuing months (January
through and including December).
Section 4. DESCRIPTION OF PROPERTY:
Lessor leases to Lessee that certain property owned by Lessor bounded by Kinney,
Chaparral, Water, and Cooper's Alley Streets as described in exhibit A, for use as a
parking lot.
Section 5. USE:
Except with the prior written consent of the Lessor, the Lessee shall use the Leased
Premises as a parking lot only, and for no other purpose.
Section 6. ASSIGNMENT:
The Lessee may not assign this Lease or sublet any portion of the Leased Premises
without the written consent of the Lessor.
Section 7. SURFACE MAINTENANCE:
The Lessor agrees to keep the surface of the Leased Premises in good repair and
maintenance during the term of this Lease. Notwithstanding the foregoing, the Lessor
will be solely responsible for the costs of surface maintenance and repairs. Lessor
agrees to notify the Lessee, at least ten (10)working days, prior to conducting the
surface maintenance and repairs to the Leased Premises. Notice shall be sent to the
Corpus Christi Police Department, Attention: Maintenance and Operations Manager
at 321 John Sartain, P.O. Box 9016, Corpus Christi, TX 78469.
Section 8. MOWING AND GROUNDS MAINTENANCE:
The Lessor agrees to mow and maintain the grounds for the Leased Premises.
Section 9. UTILITIES:
The Lessor agrees to provide the water, electric and lighting for the Leased Premises.
Section 10. ALTERATIONS:
The Lessee shall not make any alterations, additions, or structural changes to the
Premises without the prior written consent and approval of the Lessor. Any
alterations, additions, or structural changes, if approved, shall remain a part of the
Premises at the conclusion of the term of this Lease.
Section 11. INSURANCE:
The Lessor agrees to maintain adequate insurance to protect against any injuries or
damages sustained by individuals while upon the Leased Premises for which the
Lessor may be legally responsible for.
Section 12. DEFAULT REMEDIES:
The Lessee hereby agrees that if the Lessee defaults in the payment of rent or
violates any other covenant of this Lease, then this Lease may be forfeited at the
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Lessor's discretion if such default continues for a period of thirty (30) days after the
Lessor notifies the Lessee in writing of any such default and the Lessor's intention to
declare this Lease forfeited. Notice shall be sent to the Corpus Christi Police
Department, Attention: Maintenance and Operations Manager at 321 John Sartain,
P.O. Box 9016, Corpus Christi, TX 78469. Unless the Lessee has completely
removed or cured the default within thirty (30) days of receiving such notice, this
Lease shall cease and the Lessor shall be entitled to immediately re-enter and
retake possession of the Premises.
Section 13. TERMINATION:
After year 1, either party may terminate this Lease by giving the other party six (6)
months written notice. The Lessee agrees to surrender the Leased Premises upon
the expiration or earlier termination of this Lease in good and properly repaired
condition as existed on the Commencement Date of this Lease.
Section 14. QUIET ENJOYMENT:
As long as the Lessee performs all of the covenants and conditions of this Lease,
the Lessee shall have peaceful and quiet enjoyment of the Leased Premises for the
term of this Lease.
Section 15. AUTHORIZATION:
It is understood that this Lease is not binding on the Lessee until properly
authorized by the City Council of the City of Corpus Christi, Texas and executed by
the City Manager or designee.
Section 16. FORCE MAJEURE:
No party to this Agreement will be liable for failures and delays in performance due to
any cause beyond their control including, without limitation, any failures or delays 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. The rights and obligations of the parties will be temporarily suspended
during this period to the extent performance is reasonably affected.
Section 17. AMENDMENTS:
No changes or modifications to this Lease Agreement shall be made, nor any provision
waived, unless in writing signed by a person authorized to sign agreements on behalf of
each party. This Lease Agreement supersedes all previous agreements between the
parties.
Section 18. NON APPROPRIATION:
The continuation of this Agreement after the close of any fiscal year of the City, which
fiscal year ends on September 30 annually, is subject to appropriations and budget
approval covering this Agreement as an expenditure in said budget; however, it's within
the sole discretion of the City Council of the City to determine whether to fund this
Agreement. The City does not represent that this budget item will be adopted, as said
determination is within the City Council's sole discretion when adopting each budget.
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Section 19. CERTIFICATE OF INTERESTED PARTIES:
Consultant agrees to comply with Texas Government Code section 2252.908 and
complete Form 1295 Certificate of Interested Parties as part of this agreement. Form
1295 requires disclosure of"interested parties"with respect to entities that enter
contracts.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf_info_formI295.htm. The form must then be
printed, signed, notarized and filed with the City. For more information, please review
the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
Section 20. CONFLICT OF INTEREST:
Consultant agrees to comply with Chapter 176 of the Texas Local Government Code
and file Form CIQ with the City Secretary's Office, if required. For more information
and to determine if you need to file a Form CIQ, please review the information on the
City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-
disclosure/index
Section 21. ENTIRETY CLAUSE:
This Agreement and the attached and incorporated exhibits constitute the entire
agreement between the City and Lessee for the purpose granted. All other agreements,
promises, representations, and understandings, oral or otherwise, which reference to
the subject matter hereof, unless contained in this Agreement are expressly revoked, as
the parties intend to provide for a complete understanding within the provisions of this
Agreement and its exhibits of the terms, conditions, promises, and covenants governing
each party' s performance hereunder and relating to Lessees use of the Premises.
Remainder of page intentionally left blank; signature page to follow.
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EXECUTED by the PARTIES, both of which hereby represent that the signatures to this
AGREEMENT, below, are of those persons with the capacity and authority to legally bind the
PARTIES.
LESSEE LESSOR:
CITY OF CORPUS CHRISTI 14 ORELINE 1ITED
014,04ig C ,Marie C. e . _ - .:,T,. _ - 14 ; t ,-so. .�.,• t J(
Margie - z
City Manager 101 GENPAR L.L.C.,General Partner .. `A,
Manager & Member fill At Val
ATTEST:
2tet.
Rebecca Huerta,
City Secretary
APPROVED AS TO LEGAL FORM:
#11/LA h/I6, 17-1(1-4
CALQ: ILL.
Buck Brice (Date) I7/
Assistant City Attorney rr COUNCIL
For City Attorney ���
SECRE'T'ARY
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
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. 2016-130176
101 Shoreline Ltd
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 10/28/2016 1
being filed. Q
City of Corpis Christi Date Ackno ledged: Ar.
_II 0 1l4
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, nd provide a
description of the services,goods,or other property to be provided under the contract.
PD100416
Parking Lot Lease
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
,. REBECCA LYN GREENS
ri, rc MY COMMISSION EXPIRES
:f January 28,2017
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE n (� / /
Sworpto and subscribed before me,by the said �ir tel/! 1/ '�— ,this the5�� day of(�a. lO
20 //,i ,to certify which,witness my hand and seal of office.
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..finature of o • er administering oath Printed name of officer administering oath tie o cer admiifittLig oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277