HomeMy WebLinkAboutC2017-240 - 8/8/2017 - Approved •
LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
CORPUS CHRISTI CONVENTION &VISITORS BUREAU
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 Convention & Visitors
Bureau, a Texas nonprofit corporation ("Lessee").
WHEREAS, the City is the owner of the following properties which shall be jointly
referred to herein as the "Premises": (1) the Jalufka House located in Heritage Park at 1513
North Chaparral Street, Lots 3,4,5,9 and 10, Block 61, Beach Portion, Corpus Christi, Texas,
together with all improvements thereon; (2) the Merriman-Bobys House located in Heritage Park
at 1521 North Chaparral Street, Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces
County, Texas, together with all improvements thereon; and (3) the McCampbell House located.
in Heritage Park at 1501 North Chaparral Street, Lots 2, Block 61, Beach Portion, Corpus Christi
Texas, together with all improvements thereon;
WHEREAS, Lessee has requested the use of the Premises for the purpose of office
space for its operations as the Corpus Christi Convention &Visitors Bureau, 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 Corpus Christi Convention &Visitors Bureau.
(F) Parks means the City's Park and Recreation Department.
(G) Premises means the following three City properties:
(1) the Jalufka House located in Heritage Park at 1513 North Chaparral Street, Lots
3,4,5,9 and 10, Block 61, Beach Portion, Corpus Christi, Texas, together with all
improvements thereon;
2017-240
8/08/17
Ord. 031209
CVB
INDEXED
(2) the Merriman-Bobys House located in Heritage Park at 1521 North Chaparral Street,
Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas, together
with all improvements thereon; and
(3)the McCampbell House located in Heritage Park at 1501 North Chaparral Street, Lots
2, Block 61, Beach Portion, Corpus Christi Texas, together with all improvements
thereon.
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 upon final City Council approval,
unless sooner terminated as set out herein and ending at midnight on the last day of the month
in which such approval occurred five (5) years later. This lease may be extended for up to one
additional five-year term upon written agreement of the City Manager and the President 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 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 lump sum monthly rent for all of the three properties in total amount of
$3000.00 per month for the initial 12 months of the Lease, with an annual increase of 2%
each year thereafter. The period commencing upon the date of final City Council
approval of this lease and ending on the last day of the month of such approval shall be
a rent-free period. Thereafter, rent shall be due effective as of the first day of each
month and payable as provided below.
(B) Upon completion and acceptance of any improvements constructed in according with
Section 6 below, the Lessee may request and receive a monthly rent credit. Lessee
shall provide documentation to the Director to verify Lessee's construction costs prior to
requesting credit. The total of the monthly rent credits shall not exceed Lessee's cost of
construction, up to maximum amount of$200,000. In the event Lessee provides written
notice to the Director that such improvements are underway together with a copy of a
contract for improvements as provided by Section 6 below, the monthly rental shall be
temporarily abated for a period not to exceed three (3) months pending completion of
such improvements. Upon the completion of such improvements, the costs of
construction paid by Lessee shall be applied as a credit against the monthly rent
effective as of the first of the month following the delivery of the notice provided above
and continuing each month thereafter until the credit is exhausted. Upon the exhaustion
of any credit as provided above, Lessee shall commence or continue the payment of the
regular monthly rent. If for any reason no credit is earned during such three-month
period, the abated rent shall be due and payable immediately. Any uncredited amounts
remaining at the expiration or termination of the Lease shall be forfeited by Lessee.
(C) All rents 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.
The Lessee desires to complete improvements described on the attached Exhibit A. Prior to
commencing any work at the Premises, Lessee shall coordinate with the Director to review the
planned improvements including budget, and verify that Lessee has sufficient funds on hand to
complete the planned improvements, ("Improvements"). Lessee shall not commence any work
at the Premises until the Director issues written approval.
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 Lessee as an obligee.
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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 Lessee as an obligee.
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, itsofficers, 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 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 to ensure 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, workers
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 Lease 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, and the cost of
construction of the Improvements shall be borne solely by the Lessee at no expense to the City
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whatsoever. Lessee shall pay all taxes, special assessments, or levies, if any, assessed
against the Premises or Improvements.
Upon completion and acceptance,of the Improvements by the Director, said Improvements shall
become City property. Any warranties given to Lessee 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 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 improvements on the Premises including without limitation the buildings, all
fixtures connected therewith, and all personal property thereon. However, the City shall
maintain the grounds and landscaping outside the buildings and 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; provided
that, in the event that the City fails to make such needed repairs Lessee may terminate this
Lease immediately upon written notice. 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) There is no dedicated parking for the Premises. Lessee may utilize the public parking
lots in the area as available to the general public.
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.
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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 City's 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
Page 6
r.
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 buildings located at the
Premises. 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 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.
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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 become
the property of the City in fee simple without any other action or process of law. 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 Manager. 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 Manager.
Section 20. Default.
(A) The following constitute Events of Default under this Lease: failure to keep, perform, and
observe any provisions contained in this Lease. Upon an event of default, the City may
provide written notice of the default and provide Lessee 30 days' to cure the default.
(B) Upon the occurrence of any uncured 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. Such notice period shall
be a minimum of 10 days, unless the default is uncurable or represents a danger to
health and safety.
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.
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(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 Convention &Visitors Bureau
Park and Recreation Department Attn: President
P. O. Box 9277 101 N. Shoreline, Ste. 430
Corpus Christi, Texas 78469-9277 Corpus Christi, TX 78401
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, 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.
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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.
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. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi
Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract.
Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form
1295 Certificate of Interested Parties as part of this contract. For more information, please
review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us. Lessee 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/q overnment/city-secretary/conflict-
disclosure/index.
Section 32. 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 33. 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
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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 possible and be legal, valid and
enforceable, will be added to this Lease automatically by the Court construing sych
clause or provision to be invalid.
S�
EXECUT DIN DUPL ATE, each of which shall be considered an original, on the day
of , 2017.
ATTEST: CITY OF CORPUS CHRISTI
,C/Cdf(../(e,t'ta
Re ecca Huerta Margie C. ose
City Secretary City Manager
APPROVED AS TO LEGAL FORM this day of A-v/�ur , 2017.
V
By:
Lisa Aguilar, Assi nt City Attorney
for City Attorney
rI�
U I KiLL.
�Y COUNCIL c'
/ A
SECRETARI
Page 11
LESSEE: CORPUS CHRISTI CONVENTION &VISITORS BUREAU
•
4LLJ
Name: Paulette Kluge 1111
Title: President
Date: r-r01-0
Page 12
EXHIBIT A
McCambell House:
- -----Interior Work�--_----------—:---I
•
Refinish all interior wood Floors—Sand, restrain and apply 2 coats
of water based poly sealer
Demo Carpeting in 2 left lower room. Repair wood flooring in
right front upstairs room—stich in matching wood flooring.
Replace entire entry foyer ceilings with new Sheetrock, tape &
float to match rear. Repair all other ceiling defects on both levels to
match existing textures. Repair/fill all other wall holes to match
Remove all wallpaper in front& rear foyers. Remove wallpaper in rear
right upstairs room. Prep wall for new paint
Repaint all interior walls, ceiling and trim where currently painted.
Clean, and refresh all current stained woodwork and stairs
Misc. Interior: Replace 9 lighting fixtures/ceiling fans, install new
bathroom mirror, purchase refrigerator
Exterior Work
Repair/Rebuild lower& upper balcony railing/spindles that are
currently broken; Repair/rebuild & repaint 13 window sashes,
repair/replace &repaint crown molding trim on porches and
replace/rebuild &paint center railing on the front steps;
Repair/replace all exterior rotten porch decking and ceilings
boards on both levels.
Repair/replace all rotten exterior siding, trim and other window
sashes, sills and some framing;
Scrape, prime and paint entire exterior body and trim
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•
Jalufka House
Interior Work
Refinish all interior wood Floors—Sand, restrain and apply 2
1 . coats of water based poly sealer
I Remove all wall paper(except kitchen) repair/float and texture
walls if needed. Scrape all interior trim, float if needed
Repaint all interior walls, ceiling and trim Where currently painted:
Rehang 2 interior door, remove glass &tracks form built-in, add
bead board to,back of built-in: repair large chip in arch way
molding
' Misc. Interior: Replace 4 lighting fixtures/ceiling fans, install new
bathroom mirror, purchase refrigerator
Exterior
Repair/replace all exterior rotten porch decking and ceiling
1 boards; Repair/replace all rotten exterior siding, trim and other
window sashes, sills and some framing; Scrape, prime and paint
entire exterior body and trim
•
•
Page 14
Merriman-Bobys House
Interior Work
Refinish all interior wood Floors—Sand, restrain and apply 2
coats of water based poly sealer
Repaint all interior walls, ceiling and trim where currently painted.
Replace and install new kitchen and back room floating vinyl
flooring
Misc. Interior: Replace 6 lighting fixtures/ceiling fans, install 2
new bathroom mirror, purchase refrigerator
Exterior Work
Repair/replace all exterior rotten porch decking and ceiling
boards; Repair/replace all rotten exterior siding, trim and other
window sashes, sills and some framing; Scrape, prime and paint
entire exterior body and trim
EXHIBIT B
INSURANCE
LESSEE AND LESSEE'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
C. In the event of accidents of any kind related to this lease agreement, Lessee and Lessee's
Contractor must furnish the Risk Manager with copies of all reports of any accidents
within 10 days of the accident.
Page 16
II. 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
• 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.
Page 17
•
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 Lessee'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.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
Page 18
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. 2017-239808
Corpus Christi Convention&Visitors Bureau
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 07/21/2017
being filed.
City of Corpus Christi Date cknowl dged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the c tract,and provide a
description of the services,goods,or other property to be provided under the contract.
111
Lease of space at Heritage Park
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Wood, Boykin&Wolter, PC Corpus Chrsiti,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AF Ie1VLT,' ^ ^,_, ^ A I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
4p` VERONICA C SALAIS
ID# 1207416-8 -
• `$4 • Notary Public
STATE OF TEXAS7 ,It...(?-.)----
.
•.. My Comm. Exp.09-06.2020 - r' -
-6 v v v v v v 4r Sig afire of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE `„J
Sworn to and subscribed before me,by the said CJ rD '-- - .L. ( I 1 ,this the 2 Ii` day of JCR 1 } ,
20 to certify which,witness my hand and seal of office. J
VI.,----- C . 1-z.,,, VeAmo e. Sq 1 o r S mykav,if f b 1, L
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883