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LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
BUCCANEER COMMISSION
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
Buccaneer Commission ("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 Buccaneer Commission, 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) Director means the City's Director of Park and Recreation or the Director of Park
and Recreation's designee.
(D) Lease means this lease document, including all attached and incorporated
exhibits. _
(E) Lessee means Buccaneer Commission.
(F) Parks means the City's Park and Recreation Department.
(G) Premises means the Tex-Mex Railroad Depot located at 1823 Chaparral,
Corpus Christi Texas, together with all improvements thereon, including parking
spaces, as depicted on the attached and incorporated Exhibit A. However, the
parking spaces will be available for general public use after Lessee's regular
office hours.
2017-024
1/31/17
Ord. 031056
Buccaneer Commission
INDEXED
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Section 2. Purpose.
The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize
Premises for office space for its day-to-day nonprofit corporation 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 for an initial five-year term which begins the sixty-first day after final City Council
approval, unless sooner terminated as set out herein. This lease may be extended for up
to two additional five-year terms upon written agreement of the City Manager and Lessee.
The rental rates shall increase in the extension terms as follows: The monthly rent
increases by 10% at the beginning of each five-year extension term.
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 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.
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Section 5. Lease Payments.
(A) For and in consideration of the rights and privileges herein granted, Lessee agrees
to pay the City, as follows monthly rents as follows: $600 per month, increasing to
$750 per month beginning February 2018, and increasing to $900 per month
beginning February 2019.
(B) The monthly rent increases by 10% at the beginning of each five-year extension
term.
(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 planned improvements, ("Improvements"), will comply with City permitting process,
and will obtain prior approval from the Director of Parks and Recreation regarding any
work at the Premises.
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 bond in 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 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 $50,000 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
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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 Engineering Services 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 Engineering Services 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 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.
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
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regarding the Improvements shall be transferred and assigned to the City at the same
time as the Improvements are accepted by the City.
Section 7. Utilities.
(A) Lessee shall be responsible to obtain and pay for all utilities to the Premises,
including but not limited to, telephone, internet, electricity, water, wastewater, and
solid waste.
(B) 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.
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 repair and maintain, at its sole expense, the
Premises and any improvements on the Premises including without limitation all fixtures
connected therewith, and all personal property thereon. However, the City shall be
responsible for repairs to the HVAC system and repairs to the roof, subject to provisions
of Section 29 and subject to availability and appropriation of funds. City has no obligation
for such repairs if funds are not budgeted and appropriated for such purpose during the
annual City budget process. Lessee shall obtain, at its own expense, all required building
permits, all utility services, garbage collection,janitorial services, and similar services.
Section 10. Furniture, Fixtures, Equipment and Parking.
(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 electrical or
plumbing fixtures, remains the property of the City.
(C) Lessee may place signage for the reserved parking spaces shown on the attached
Exhibit A to indicate that the parking spaces are reserved for Lessee during its
business hours and during Buc Days events.
Section 11. City Use.
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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 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.
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
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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 6, as contained herein.
(F) The City carries the property and flood insurance on the building. Lessee is
responsible for insuring its own contents.
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 maybe 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
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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 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.
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(A) The following constitute Events of Default under this Lease: 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, 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.
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 Buccaneer Commission
Park and Recreation Department Attn: Executive Director
P. O. Box 9277 P.O. Box 30404
Corpus Christi, Texas 78469-9277 Corpus Christi, TX 78463
Attn: Director of Park and Recreation
(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,
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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.
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.
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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. Removal of Property upon 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
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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 F�
day of `A('y�)1,c C,11 , 2017.
ATTEST: CITY OF CORPUS CHRISTI
Helex,66. 4--luezth, ih4 0
Rebecca Huerta Margie C. ose
City Secretary City Manager
LESSEE: BUCCA R COMMISSION
By:
Name: JQHdV, 1 eF1ILIPftO
Title: e41:S i„ENS"-/c E-0
Date: ' 13120i 3
sY c NctL / )I J
SFCRETA
APPROVED °2 AS TO LEGAL FORM this 3 day of J°`,----L!6`11-A) ,2017.
By: dCpp�4.4.;
Lisa Aguilar Assist ity Attorney
for City Attorney
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EXHIBIT B
INSURANCE
LESSEE AND LESSE'S CONTRACTOR'S LIABILITY INSURANCE
A. Lessee and Lessee's contractor must not commence work under this agreement until all
insurance required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
B. Lessee and Lessee's Contractor must furnish to the City's Risk Manager and Director of
Parks and Recreation Department, 2 copies of Certificates of Insurance (COI) 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 COI.Project name and or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable Per occurrence- aggregate
policy endorsements
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
EMPLOYER'S LIABILITY $500,000/$500,000/$500,000
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C. In the event of accidents of any kind related to this lease agreement, Lessee and Lesse's
Contractor must furnish the Risk Manager with copies of all reports of any accidents within
10 days of the accident.
H. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Lessee and Lessee's Contractor 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 and Lessee's Contractor
will be promptly met.
B. Lessee and Lessee's Contractor shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Lessee and Lessee's Contractor'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 and Lessee's Contractor shall be required to submit a copy of the replacement
certificate of insurance to City at the address provided below within 10 days of the
requested change. Lessee and Lessee's Contractor 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 Manager
P.O. Box 9277
Corpus Christi,TX 78469-9277
D. Lessee and Lessee's Contractor 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, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation 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
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• 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 and Lessee's Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Lessee and Lessee's
Contractor'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 and Lesseee's
Contractor'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 and
Lessee's Contractor to stop work hereunder, until Lessee and Lessee's Contractor
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Lessee and Lessee's Contractor may be held responsible for payments of damages to
persons or property resulting from Lessee and Lessee's Contractor's or its subcontractor's
performance of the work covered under this agreement.
H. It is agreed that Lessee and Lessee's Contractor'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.
It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
Tex Mex Railroad Depot
1823 Chaparral St.
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City of EXHIBIT
Corpus
Christi CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the
question is not applicable, answer with "NA". See next page for Filing Requirements,
Certification and Definitions.
COMPANY NAME: UCL./Al`/E.R (O \4 '
STREET ADDRESS: P.O. BOX: 09 011
CITY:_ CO&l C &tst"I STATE: ZIP: gi 6?
FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑
4. Association ❑ 5. Other ❑
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
•
FILING REQUIREMENTS
•
If a person who requests official action on a matter knows that the requested action will confer
an economic benefit on any City official or employee that is distinguishable from the effect that
the action will have on members of the public in general or a substantial segment thereof, you
shall disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349 (d)].
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested, and that supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur.
Certifying Person: +r, �nILIKLU Title: _ VniAta,t,f- 4- Cto
Signature of Date: '
Certifying Person: 171
A
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect
on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the city, whether under civil service or not, including part-
time employees and employees of any corporation created by the city.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant
City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus
Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent, trust, estate, or holding entity. "Constructively
held" refers to holdings or control established through voting trusts, proxies, or special terms of
venture or partnership agreements.
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
•
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. 2017-154423
Buccaneer Commission
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 01/13/2017
being filed.
City of Corpus Christi Date Ackr owledged: C1
4
2— X,
3 Provide the identification number used by the governmental entity or state agency to track or identify the dontr ct,and provide a
description of the services,goods,or other property to be provided under the contract.
111
Lease of Office Space at Tex Mex Railroad Building
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 AFFIDAVITA• /AA I swear,or affirm der penalty of perjury,that the above disclosure is true and correct.
IRENE Y BURG
Notary r ubSe
,r STATE OF MAR Nty Comm.Etttta�. � �� 111 �..
r•y,. WO 12N>IFMS
17
signature of auth, ed agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
t fir, 1
Sworn to and subscribed before me,by the said J vt„n 1"!� . t \ 0 ,this the day of •S�'�"Ctrv�
20 11 ,to certify which,witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oa Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,277