HomeMy WebLinkAboutC2017-497 - 11/14/2017 - Approved LEASE AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI
AND
ROTARY CLUB OF WEST CORPUS CHRISTI
STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF NUECES
This lease is entered into by and between the City of Corpus Christi ("City"), a Texas
home-rule municipal corporation, acting through its duly authorized City Manager, or the
City Manager's designee, and ROTARY CLUB OF WEST CORPUS CHRISTI
("Lessee"), a Texas nonprofit corporation, acting through its duly authorized President.
Section 1. Definitions. For the purposes of this Lease:
City means the City of Corpus Christi, Nueces County, Texas, a home rule
municipal corporation.
City Council means the City Council of the City.
City Manager means the City Manager of the City or the City Manager's designee.
Director means the City's Executive Director of Water Utilities or designee.
Engineering Services Director means the City's Director of Engineering
Services.
Holdover Period means any period of time in which the Lessee remains in the
Premises after the expiration of the original term of this Lease and continues to
provide consideration in lieu of paying rent to the City under the terms of this lease.
Improvements means buildings and other structures located on the Premises.
Lease means this document, including all attachments and exhibits that are
referred to in this document.
Lessee means ROTARY CLUB OF WEST CORPUS CHRISTI, a Texas nonprofit
corporation.
Premises means a tract or parcel of land located near McKenzie Road at Allison
Drive, designated on the attached drawing, Exhibit A, and by metes and bounds
on Exhibit A-1,together with all improvements.
Risk Manager means the City's Director of Risk Management or that Director's
designee.
2017-497
11/14/17
Ord. 031296
Rotary Club of West CC
INDEXED
Sign means any signs, advertisements, notices, or other lettering that are
exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any
part of the Premises.
Section 2. Purpose. Lessee's purpose for this Leaseis for Lessee to use the Premiess
for activities related to Lessee's sponsorship of a Boy Scout Troop. Any change in
purpose requires prior written approval of the Director.
Section 3. Leased Premises. The Leased Premises is a tract or parcel of land near
McKenzie Road and Allison Drive designated as Tract "B", as shown on the drawing
attached as Exhibit Al, together with all improvements.
Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased
Premises is subject to the terms and conditions in this lease. The detailed conditions for
using the Leased Premises are contained in the attached Exhibit A2. Exhibit A2 may be
amended as often as necessary upon mutual agreement by the Parks Director and the
Lessee. This lease is made in consideration of the mutual promises and covenants
contained in this lease.
Section 5. Limitation of Leasehold. City does not warrant its title to the Leased
Premises. This Lease and the rights and privileges granted Lessee in and to the Leased
Premises are subject to all covenants, conditions, restrictions, and exceptions of record
or apparent. Nothing contained in this Lease may be construed to imply the conveyance
to Lessee of rights in the Leased Premises that exceed those owned by City.
Section 6. Term. The City leases the Premises, subject to all terms and conditions of
this Lease, to the Lessee for a period of five (5) years subject, however, to the right of
either party to cancel this Lease by giving thirty(30)days written notice to the other party,
unless sooner terminated under Section 31. This Lease begins immediately after City
Council approval.
a. Lessee may continue to occupy the Premises after the expiration of this Lease on
a month-to-month tenancy upon written approval of the City Manager or designee
if the Lessee continues to provide consideration in lieu of paying monthly rent as
required by this lease,and upon the same terms and conditions as set out in this lease.
b. The Holdover Period may not exceed six months in length.
c. The City Manager has the absolute right to terminate the month-to-month tenancy
with or without cause upon thirty(30)days written notice to Lessee.
Section 7. Abandonment of Leased Premises. If the Lessee abandons the Leased
Premises or if the Lessee fails to take possession of the Leased Premises within ten days
after commencement of the term of this Lease, then this Lease shall terminate
automatically and City Manager may take immediate possession of the Leased Premises.
"Abandoned" means that the Leased Premises become vacant, deserted, or unused by
Lessee for a continuous period of thirty(30)days.
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Section 8. 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 CIO, please review the
information on the City Secretary's website at http://www.cctexas.com/government/city-
secretary/conflict-disclosure/index.
Section 9. Surrender. Lessee acknowledges and understands that the City's
agreement to lease 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.
Section 10. Lease Consideration. For and in consideration of the rights and privileges
granted in this lease, and in lieu of lease payments to the City, Lessee must maintain
the Premises by mowing, collecting litter, etc. and other property maintenance tasks that
may be directed in writing by the Director
Section 11. Lessee Responsible for Activities.
Lessee responsible for activities on Premises. Notwithstanding any right of City to
inspect or approve any improvement or activity under this lease, Lessee covenants
that it and its members are solely and exclusively responsible for all activities on the
Premises and have control of the Premises; that the City has no responsibility for safety
of, or any activity on, the Premises; and that Lessee shall not rely on any City inspection
or action. Lessee is solely responsible for the safety of all activities on the Premises.
Section 12. Alterations.
a. Lessee may not make any alterations, additions, or improvements to, in, on, or
about the Premises, without the prior written consent of the Director. Lessee must also
obtain clearance from the Risk Manager as required by Section 29 of this Lease.
b. Lessee, if directed by the Director, must construct and maintain screening or other
safety barriers to ensure, to the extent reasonable, that activities are confined to the
premises.
c. Prior to making any alterations, additions, or improvements to, in, on, or about the
Premises, Lessee must submit the plans and specifications for the alterations,
additions, or improvements to the Director, and Engineering Services Director for
review and written consent.
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d. If the Director and Engineering Services Director consent to, and the Risk Manager
grants clearance for, the alterations, additions, or improvements, the Lessee shall
obtain all required permits for the construction; and the construction is subject to
inspection by the Director, Engineering Services Director, City's Building Official,
and their designated representatives.
e. All approved alterations, improvements, and additions made by the Lessee upon
the Premises, although at Lessee's own expense, shall, if not removed by Lessee at
any termination or cancellation of this Lease, 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 the removal.
If items are installed in a manner that they become fixtures, the fixtures may not be
removed by Lessee upon termination and become the property of the City as additional
consideration for this Lease.
Section 13. Taxes, Assessments, Licenses, and Fees.
a. Lessee must pay, in full prior to each respective due date, all taxes, assessments,
licenses, and fees required by the Lessee's use of the Leased Premises; this includes,
but is not limited to, any ad valorem taxes, personal property taxes, and sales taxes,
that could be assessed against the Leased Premises and any buildings,
improvements, or fixtures appurtenant to the Leased Premises..
b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes,
---- ----Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes
according to Circular E Employer's Tax Guide, publication 15, as it may be amended.
c. Lessee must provide proof of payment of all taxes within 30 days after Director
requests proof of payment. Failure to pay or provide proof of payment is grounds to
terminate this Lease.
Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of
the City during the term of this Lease, and including during any Holdover Period that may
occur.
Section 15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's
lien, tax lien, or any other lien to become attached to the Leased Premises, or any part or
parcel of the Leased Premises, or the improvements on the Leased Premises, because
of any work or labor performed by any mechanic, materials furnished by any materialman,
or any other reason.
Section 16. Assignment and Subleasing.
a. Lessee may not assign or encumber this lease, without the prior written consent
of the City Manager. Any assignment or sublease must be approved in advance by
the City Manager, which approval will not be unreasonably withheld.
b. Upon approval of the assignment, Lessee may request the City to release Lessee
from any further liability under the Lease. City will grant the release if the assignee
covenants to assume all obligations and duties of Lessee of this Lease.
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c. Any attempted assignment or sublet without the prior written consent of the City
Manager renders this Lease void.
d. An assignment of the Lease under the same terms and conditions is not an
amendment of the Lease.
e. Each provision, term, covenant, obligation, and condition required to be performed
by Lessee must be binding upon any assignee, and is partial consideration for City's
consent to the assignment.
f. Any failure of assignee to strictly comply with each provision, term, covenant,
obligation, and condition in this lease may render this Lease null and void.
Section 17. Signs; Warning Signs Posted.
a. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the
Premises, or any part of this Lease, without the prior written approval of the Director.
b. The 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 the
Director's written demand, the City may elect to terminate this Lease after ten (10)
days written notice to Lessee. Alternatively, the City may do or cause the work to be
done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the
Director's invoice. If payment is not timely made, the City may terminate this Lease
upon ten (10)days written notice to Lessee.
c. Lessee may post the Premises with signs to prohibit trespassing. The Director
shall approve the wording on the signs and shall determine the placement of the
signs.
Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall
comply with all Federal, State, and local laws, ordinances, rules, and regulations
applicable to Lessee's operation of the Premises and Lessee's performance under this
Lease. This Lease is also subject to applicable provisions of the City Charter.
Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will not
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 the action as the United States may direct to enforce this
covenant.
Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing
policy that substantially conforms to the City's policy.
Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and
related hiring policy that substantially conforms to the City's policy.
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Section 22. Maintenance. Lessee shall maintain the Leased Premises and all
improvements in good and safe condition during the Lease term. Lessee must maintain
the Premises and improvements constructed thereon. If Lessee fails to perform
maintenance tasks as scheduled, or fails to perform repairs in a timely manner, City may
do so and bill Lessee. Lessee must pay City within 30 days after Director's written
demand. At a minimum, maintenance includes:
a. Lessee shall pick up and properly dispose of litter on a daily basis whenever the
Premises are being used and weekly during the rest of the year;
b. Lessee shall keep the Premises(including any buildings, permanent or temporary)
operational and in good repair; including, but not limited to, all improvements,
irrigation systems and fair weather parking area.
c. Lessee must immediately report any vandalism to the Director, or his designee,
and the Corpus Christi Police Department, Nueces County, Texas;
d. Lessee must keep safe and in good repair all improvements. Lessee must make
all repairs within 48 hours after the need for repair is, or should have been
discovered.
e. Lessee must keep any parking areas and access roads free of debris, properly
designated, and free of potholes in accordance with standards issued by the
Director. Lessee must repair potholes using the appropriate material, concrete or
asphalt, within ten (10) working days after the need for repair is or should have
been discovered;
f. Lessee must ensure that parking is confined to designated areas;
g. Lessee must maintain the Premises within the Lease boundary lines. Grass on
the Premises must not exceed 12 inches. Failure to keep the grass below 12
inches shall be grounds for termination.
Section 23. Furniture, Fixtures, and Equipment.
a. It is understood that Lessee is responsible for furnishing and equipping the
Premises and that the City has no obligation to furnish any equipment or furnishings
for Lessee.
b. All personal property and trade fixtures furnished by or on behalf of Lessee remain
the property of the Lessee, unless the personal property and trade fixtures are
specifically donated to the City during the term of this Lease or any Holdover Period.
c. The Director retains the right to approve all furnishings and fixtures that may be
installed in the Premises, during the term of this Lease and any Holdover Period, prior
to installation.
Section 24. Utilities. Lessee must pay for all utilities used by it on the Premises or used
by any other activities sponsored by the Lessee on the Premises. Lessee agrees to
comply with the City's water conservation requirements adopted by City ordinance.
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Section 25. City's Right of Inspection. Any officer or authorized employee of the City
may enter upon the Premises, at all reasonable times and without notice, to determine
whether Lessee is providing maintenance in accordance with and as required by Section
22 or for any other purpose incidental to the City's retained rights of and in the Premises.
Section 26. Director's Right to Access Premises in Emergency.
a. Lessee shall provide the Director with keys to the Premises, and a current list of
names and phone numbers, for use by the Director, in the event of an emergency.
b. The Director has the right to enter the premises during the regular hours of
operation or at anytime in an emergency.
Section 27. City Use. The 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 28. 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 under this Lease; (2) Lessee's use of the Premises and any and all
activities associated with the Lessee's use of the Premises under 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 relating to this Lease with legal counsel satisfactory to
the City Attorney,and pay all charges of attorneys and all other costs and expenses
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of any kind whatsoever arising from the liability, injury, damage, loss, demand,
claim, or action.
Section 29. 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 attached
Exhibit B, which is incorporated in this Lease by reference. Lessee shall use an
insurance company or companies acceptable to the Risk Manager. Failure to maintain
the insurance during the term of this Lease, at the limits and requirements shown on
Exhibit B, constitutes grounds for termination of this Lease.
b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy
of and operations at the Premises. The Certificate of Insurance must provide that the
City will have thirty (30) days advance written notice of cancellation, intent to not
renew, material change, or termination of any coverage required in this Lease.
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.
d. The Risk Manager retains the right to annually review the amount and types of
insurance maintained by Lessee, to require increased coverage limits, if necessary in
the interest of public health, safety, or welfare, and to decrease coverage, if so
warranted. In the event of any necessary increase, Lessee must receive thirty (30)
days written notice prior to the effective date of the requirement to obtain increased
coverage.
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 12(a)of this lease.
f. Lessee is responsible for insuring its own personal property at the Premises.
Section 30. Default. The following events constitute default under this Lease:
(1) Failure to provide consideration in lieu of paying rent or failure to make other
payments under this Lease.
(2) Failure to pay utilities before the due date.
(3) Failure to perform scheduled maintenance.
(4)Abandonment of the Premises.
(5) Failure to maintain any insurance coverages required in this lease.
(6) Failure to timely pay City's invoice for the removal, repainting, or repair of any
Signs at the Premises.
e
(7) Failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Lease.
Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any event
of default, the City may, at its option, in addition to any other remedy or right given under
this Lease or by law:
(1) Give notice to Lessee that this Lease terminates upon the date specified in the
notice, which date will be no earlier than five (5)days after the giving of the notice.
(2) Immediately or at any time after the occurrence of the event of default and without
notice or demand, or upon the date specified in a notice, if given, or in any notice
issued under law, the City may enter into and upon the Leased Premises and retake
possession, by legal proceedings or otherwise, expel Lessee and anyone claiming
through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly,
if necessary, and store the goods in the name and at the expense of Lessee.
Section 32. Enforcement Costs. If the City files any legal action or proceeding to
repossess the Premises, collect the lease payment(s) due under this Lease, collect for
any damages to the Premises, or to enforce in any other way the provisions of this Lease,
Lessee agrees to pay all court costs and expenses and the sum that a court of competent
jurisdiction adjudges as reasonable attorneys' fees in the action or proceeding, or in an
appeal, if a judgment is rendered in favor of the City.
Section 33. Modifications. No provision of this Lease may be changed, modified, or
waived, unless the change, modification, or waiver is made in writing and signed by
persons authorized to sign agreements on behalf of each party.
Section 34. Contact Person/Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director.
Section 35. 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; (ii)by deposit with the United States Postal Service
as certified or registered mail, return receipt requested, postage prepaid; (iii) by
prepaid telegram; (iv) by deposit with an overnight express delivery service, for which
service has been prepaid; or(v)by fax transmission.
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. Notice by telegram or overnight express delivery service will
be deemed effective one(1)business day after transmission to the telegraph company
or overnight express carrier. Notice by fax transmission will be deemed effective upon
transmission with proof of delivery.
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c. All the communications must only be made to the following:
IF TO CITY: IF TO LESSEE:
City of Corpus Christi Rotary Club of West Corpus Christi
Water Utilities Dept. Attn: President
P.O. Box 9277 P.O. Box 4613
Corpus Christi, TX 78469-9277 Corpus Christi, TX 78469-4613
Attn: Executive Director (361)815-3099
(361) 826-1800
d. Either party may change the address to which notice is sent by using a method set
out in subsection(a)of this section. Lessee shall notify the City of an address change
within ten (10)days after the address is changed.
Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures
in performance due to any cause beyond the party's 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. The delays or failures to perform extend the period of performance
until these exigencies have been removed. The Lessee shall inform the City in writing of
proof of the force majeure within three (3) business days or otherwise waive this right as
a defense.
Section 37. Relationship of Parties. This Lease establishes a landlord/tenant
relationship, and no other relationship. This Lease must be construed conclusively in
favor of that relationship. In performing this Lease, the City and Lessee will each 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 may not be, nor be construed to be, the employees or agents of the other party for
any purpose.
Section 38. Not for Benefit of Third Parties. This Lease is only for the benefit of the
City and Lessee, and no third party has any rights or claims under this Lease or against
the City.
Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease
description and related ordinance, as required by the City's Charter, in the legal section
of the local newspaper.
Section 40. Interpretation. This Lease shall 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 41. Survival of Terms. Termination or expiration of this Lease for any reason
does not release either party from any liabilities or obligations under this Lease that (a)
the parties have expressly agreed survive any the termination or expiration; (b) remain to
be performed; or (c) by their nature would be intended to be applicable following the
termination or expiration of this Lease.
is
Section 42. Captions. The captions utilized in this Lease are for convenience only and do
not in any way limit or amplify the terms or provisions of this Lease.
Section 43. Severability.
a. It is the definite intent of the parties to this Lease that every section, paragraph,
subdivision, clause, provision, phrase, or word of this Lease be given full force and
effect for its purpose. Therefore, if, for any reason, any section, paragraph,
subdivision, clause, provision, phrase, or word of this Lease or the application of this
Lease 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 the term or
provision to persons or circumstances other than those as to which it is held illegal,
invalid, or unenforceable, will not be affected by the law or judgment.
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, and in lieu of any illegal, invalid, or unenforceable clause or
provision, a clause or provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Lease automatically.
Section 44. Venue. Venue lies in Nueces County, Texas, where this lease was entered
into and will be performed.
Section 45. Entirety Clause. This Lease and the attachments and exhibits incorporated
into this Lease 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 of this Lease, 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 46. Binding Lease. It is further mutually understood and agreed that the
covenants and agreements contained in the Lease, to be performed by the respective
parties, are binding on the parties, and their respective successors and assigns.
Section 47.Acknowledgment. Each party expressly agrees that it has independently read
and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges
and understands that this Lease is not binding on the City until properly authorized by the
Council and executed by the City Manager or by City Manager's designee.
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EXECUTED IN DUPLICATE ORIGINALS on the j6 day of f2`" V b.erc , 2017.
LESSEE: r •TARY CL - •� - 'T CORPUS CHRISTI
K(P2 , President
STATE OF TEXAS
COUNTY OF NUECES �f�—�/ � /
This instrument was acknowledged before me on rTL..��11G t Z- �s �' , 2017, by
, President of Rotary Club of West Corpus Christi, a Texas nonprofit
corporation, on behalf of the corporation.
N � "i (
tary Public, ate of Texas
Printed Name: ithiP,9 L J. j2 A1dW6
CAROL J WHITLOCK '
igTEYA
PYEIk
l ). STRTE OF S
Seal: ,,,r:t/ My Comm.En O7162019 ,
Expiration Date: fl // aZO/27
12
ATTEST: CITY OF CORPUS CHRISTI
e-Lo (L - ex
e6ecca Huerta Margie C. Rose
City Secretary City Manager
APPROVED AS TO FORM:
This 2'+ day of " ' , 2017
Lisa Aguilar,Assistant City Attorney For City Attorney
%ClU tiLS"
11 H
sr c ••.
�� Sf.CRETA�`
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EXHIBIT A-1
An area 300' by 400' from Tract B, Nueces View Tract, recorded in Volume 28,page 64,
Nueces County Plat Records, the same area more particularly described by the following
metes and bounds: From the center line of McKenzie Road, a distance along the center
of Alison Drive of 918', more or less, to a 2" pipe located upon the approximate right-of-
way line (West) of Allison Drive, for a place of beginning, thence 400' Northwest to a 2"
pipe, thence 300' Northeast to a 2" pipe, thence 400' Southeast to a 2" pipe on the
approximate right-of-way line of Allison Drive, thence 300' Southwest along Allison Drive
to the point of beginning, all of which being a 2.75 acre tract of land.
15
EXHIBIT A-2
This Exhibit A2 contains detailed conditions for using the Premises ('Premises")
defined in, and is attached to and governed by, the CITY OF CORPUS CHRISTI,
TEXAS Lease and Use Agreement with ROTARY CLUB OF WEST CORPUS
CHRISTI.
1. Lessee Maintenance Responsibilities.
Lessee must maintain the Premises and improvements constructed thereon. If
Lessee fails to perform maintenance tasks as scheduled, or fails to perform repairs in a
timely manner, City may do so and bill Lessee. Lessee must pay City within 30 days
after Director's written demand. At a minimum, maintenance includes:
Lessee shall pick up and properly dispose of litter on a daily basis whenever the
Premises are being used and weekly during the rest of the year;
Lessee shall keep the Premises(including any buildings, permanent or
temporary)operational and in good repair; including, but not limited to, all
improvements, irrigation systems and fair weather parking area;
Lessee must immediately report any vandalism to the Director, or his designee, and the
Corpus Christi Police Department, Nueces County, Texas;
Lessee must keep safe and in good repair all improvements. Lessee must make
all repairs within 48 hours after the need for repair is, or should have been
discovered;
Lessee must keep any parking areas and access roads free of debris, properly
designated, and free of potholes in accordance with standards issued by the Director.
Lessee must repair potholes using the appropriate material, concrete or asphalt, within
ten (10)working days after the need for repair is or should have been discovered;
Lessee must ensure that parking is confined to designated areas;
Lessee must maintain the Premises within the Lease boundary lines. Grass on
the Premises must not exceed 12 inches. Failure to keep the grass below 12
inches shall be grounds for termination.
16
Utilitie%. Lessee must pay for all utilities, such as electricity,water,
wastewater, and solid waste bills associated with its usage of the Premises.
Lessee must pay for all its phone bills.
1.1 Comolaint Nnticr. Lessee will post a notice at Premises, in a form approved
by the Director, that if any participant or spectator has any complaints or
concerns they may contact the City at 826-1800 and talk to the Director, or
designee.
17
EXHIBIT B
INSURANCE REQUIREMENTS
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. Lessee
must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the
City's Risk Manager.The City must be named as an additional insured on the General
Liability policy, and a blanket waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day written notice of cancellation, material Bodily Injury and Property Damage
change,non-renewal,or termination and 10 day
written notice of cancellation for non-payment Per occurrence aggregate
of premium is required on all certificates
Commercial General Liability including: $1,000,000 COMBINED SINGLE
LIMIT
1. Commercial Form
2. Premises—Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with
copies of all reports of such accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
1. The City of Corpus Christi must be named as an additional insured on the
General Liability coverage and a blanket waiver of subrogation is required on all
applicable policies.
2. If your insurance company uses the standard ACORD form, the cancellation
clause (bottom right) must be amended by adding the wording "changed or"
18
between "be" and "canceled", and deleting the words, "endeavor to", and
deleting the wording after"left".
3. The name of the project must be listed under"Description of Operations"
4. At a minimum, a 30-day written notice to the Risk Manager of cancellation,
material change, non-renewal or termination and a 10 day written notice of
cancellation for non-payment of premium is required.
B. If the Certificate of Insurance does not show on its face the existence of the
coverage required by items 1.B (1)-(7), an authorized representative of the
insurance company must include a letter specifically stating whether items 1.B.
(1)-(7)are included or excluded.
West CC Rotary Club Lease for Boy Scouts ins.req.
10-10-1.
19
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Compete Not 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Not 1.2,3.5.and 6 it mere are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,end the city,state and county of the business emlys place Certificate Number:
of business. 2017-264865
Rotary Club of West Corpus Christi
Corpus Christi,TX United Slates Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for vmlch the font a 11/16/2017
being filed
Corpus Christi Dat° edged:
12 2011
Provide the identification number used by fire govemmentel entity or stab agency to back or identify the a anal,and provide a
description of the services,goods,or other property to be provided under the contract.
111
lease agreement for Boy Saul hut
Nature of Interest
Name of Interested Party City,Slate,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,Of Slim,under penalty of perjury,that the above disclosure is true and conecL
sigoa a of authorized agent of contracting business entry
AFFIX NOTARY STAMP)SEAL ABOVE
Swan to and subscribed belore me.by rte said 1
.nN
L E _ s the /// afdey of iANG te_
20 ( to certify which,witness my hand and seal ofoMOE.
4CAROL a WHIcLOCkyn
/ n NY Pubo
STATE OF 7E05
lOilt 7N7aski /1/t/L0� �hlb,e-/e_ 4 f My Comm.F,gmae-ml
Signature of officer ministering oath Printed name of oafer administering oath 161Wriar& gee
Forms provided by Texas Ethics Commission twnLethics.state.h.us Version V1.03337