HomeMy WebLinkAboutC2024-055 - 3/26/2024 - Approved FARM LEASE AGREEMENT WITH
DANYSH FARMS, INC.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This farm lease agreement("Lease") is entered into this by and between the City of Corpus Christi,
a Texas home-rule municipal corporation ("City"), and Danysh Farms, Inc. ("Lessee"), a Texas
for-profit corporation, in consideration of the mutual covenants contained in this Lease.
1. PREMISES. The City leases to Lessee 68.93 acres (the "Premises"), more particularly
described as portions of property outside the airport perimeter fence, near adjacent to the
central and western edges of the fence and runway 13-31, excluding a 10-foot area along
the perimeter fence and Airport Perimeter Road, as shown as Parcel No. 4 in the map
referenced as "Exhibit A", which is attached to this Lease and incorporated herein by
reference. The Premises is limited to the description provided in and the restrictions shown
in "Exhibit B," which is attached to this Lease and incorporated herein by reference.
2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to
utilize the Premises for the farming of crops and for no other purpose. The use of the
Premises shall be limited as laid out in this Lease and as shown in Exhibit A. The Lessee
shall use the Premises in accordance with "Exhibit A," attached to this Lease and
incorporated herein by reference.
3. LEASE TERM. The term of this Lease is for five years and commences upon final
approval of this Lease by the Corpus Christi City Council and execution of this instrument
by the City Manager or his designee ("Effective Date" and "Initial Term"). The Lease may
be renewed for one additional three-year term upon agreement of the Parties. If the Lease
is renewed,the Lease Payment, as defined below,will be adjusted upward by 3%annually
on October 1st of each year beginning on October 1, 2024.
4. LEASE PAYMENT.
a. Upon Lessee's execution of this Lease and the City Council's approval, Lessee
must pay the City an annual lease payment of $7,295.56 which is based on
$105.84 per acre x 68.93 acres ("Lease Payment"). Any one-time bonus payment
that was included in a bid by Lessee and accepted as consideration for this Lease
must also be remitted with the initial Lease Payment. The Lease Payment is due
at the beginning of the Lease and thereafter on or before October 1st of each year.
b. The Lease Payment must be remitted to:
City of Corpus Christi
P.O. Box 9257
Corpus Christi, TX 78469-9257
c. Payment of $7,295.56 received from Lessee shall be applied to the first annual
lease payment. All succeeding annual lease payments shall be made in
accordance with this section herein.
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SCANNED
d. Lease Payments are not refundable if this Lease is terminated prior to completion
of its full five-year term.
5. In the event Lessee holds over beyond the expiration of the term herein provided with the
consent, express or implied, of the City, any such holdover is a tenancy at sufferance and
such holdover period will only be from month-to-month and subject to the conditions of
this Lease. Lessee acknowledges and agrees in advance that any such holdover does not
constitute a renewal of this Lease, and any holdover period is subject to Lessee's payment
of a monthly rental amount equal to 1/12 of the last annual Lease Payment.
6. 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, UPON LESSEE'S REQUEST
PRIOR TO THE EXECUTION OF THIS LEASE, 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, IF ANY, EXISTING ON THE PREMISES ON THE
COMMENCEMENT DATE OF THIS LEASE 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 TO SUCH
STRUCTURES AND IMPROVEMENTS. 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 LESSEE'S EXAMINATION OF THE
SAME.
d. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT
WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE
LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS
AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF
LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE AIRPORT
OPERATIONS AND RELATED PURPOSES. THIS LEASE AND THE RIGHTS
AND PRIVILEGES GRANTED LESSEE IN AND TO THE PREMISES ARE
SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, AND
EXCEPTIONS OF RECORD OR APPARENT. LESSEE ACKNOWLEDGES THAT
LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE
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PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND
PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD
PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN
THIS LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE
OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY.
e. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THIS LEASE.
7. USE AND MAINTENANCE.
a. Lessee shall use the Premises for agricultural purposes only and cannot make any
other use of the Premises without the prior written consent of the City. Lessee
shall take good care of the Premises and its appurtenances and suffer no waste.
Lessee shall keep the Premises in good repair at Lessee's own expense. Lessee
shall observe and obey all applicable federal, state, and local laws, rules, and
regulations and all rules set out by the City for the operation of the Premises. At
the expiration of this Lease, Lessee shall surrender the Premises in as good
condition as the same are now in, natural wear and tear and damage from the
elements only accepted. Lessee will not permit any alcoholic beverages on the
Premises. Lessee agrees to conduct all of Lessee's operations on the leased
premises in a reasonable, efficient and prudent manner.
b. In compliance with the Federal Aviation Administration ("FAA") restriction on the
types of crops grown on the Airport and pursuant to Section 18 herein, except as
provided in Exhibit A, Lessee shall not plant sunflower, seeded crops or cereal
grain crops on the Premises. Lessee may not construct any improvements on the
Premises. Lessee may not use the Premises for storage of equipment or supplies.
c. Without limiting the foregoing, Lessee specifically agrees:
Chemical Notification. The use of all agricultural chemicals, fertilizers,
and pesticides will be in a lawful, safe, and a prudent manner. The City's
Director of Aviation or designee ("Aviation Director") will determine and
approve the time and place any aerial or ground chemicals, fertilizers, and
pesticides will be used due to the proximity of the airport and its employees
and the public. Under normal circumstances, the notice of intent to use
agricultural chemicals, fertilizers and pesticides must be provided in writing
no less than five business days prior to use and addressed to:
City of Corpus Christi
Attn: Director of Aviation
1000 International Drive
Corpus Christi, TX 78406
In the event of crop destruction due to midge insects and under an
emergency situation only, Lessee will be allowed to, instead, give a 24-
hour notice of crop spraying to the Aviation Director by calling (361) 289-
0171.
ii. Lessee is prohibited from obstructing, redirecting, damming, or otherwise
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interfering with stormwater intakes, manholes, pipes, ditches, stormwater
retention or detention basins, or pump stations.
d. Growth Control. Lessee will prevent the growth of and keep the Premises (including
cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free
from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious
weeds and undesirable vegetation, and keep the cultivated portion of the Premises free
from all sprouts and stumps.
8. REQUIRED MODIFICATION OR AMENDMENT OF LEASE. If the FAA or its successor
requires modifications or amendments to this Lease as a condition precedent to granting
funds for Airport improvements, Lessee agrees to consent to the modifications or
amendments to this Lease as may be reasonably required for the City to obtain the funds;
provided, however, that Lessee will not be required to pay increased Lease Payments,
change the use of the Premises, or accept a relocation or reduction in size of the Premises
until Lessee and the City have fully executed an amendment to this Lease that is mutually
satisfactory to all parties regarding any terms or conditions of this Lease affected by
said required actions.
9. FEES, TAXES, & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest
and Lessee's use and business operations at the Premises, all ad valorem taxes, personal
property taxes, licenses, utility fees and charges, and all other fees and taxes required to
be paid during this Lease. Lessee shall pay, at its sole cost and expense, all taxes, fees,
utilities, and charges on or prior to the due date. Within three business days of approval
of this Lease and remittance of the initial Lease Payment, Lessee shall ensure that the
water utility account and any electrical account, if electricity is available and connected at
the Premises, and all other utility account(s) for the Premises are transferred and/or set
up in the Lessee's name and all required deposits paid. Payment by Lessee of all utility
charges must be timely paid when such charges become due and are not permitted to
become delinquent at any time during the term of the Lease.
10. SUBORDINATION TO U.S. AND FAA REQUIREMENTS. This Lease is subordinate to
the provisions of any existing or future agreement between the City and the government
of the United States relating to the operation or maintenance of the Airport, where the
execution of said agreement(s) is required as a condition to the expenditure of federal
funds for the development of the Airport. If the effect of said agreement(s)with the United
States, either under this Section 9 or under Section 7 above, is to remove any or all of the
Premises from the control of Airport or to substantially destroy the value of the Premises,
then this Lease shall terminate immediately without any further obligation on part of City
to Lessee.
11. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all
business matters pertaining to the cultivation of the Premises, and these account books
must be open to inspection by the Aviation Director upon reasonable demand during the
City's normal business hours.
12. INSURANCE.
a. Coverages. Lessee must obtain and keep in force during the term of this Lease
insurance policy or policies in the amounts and with the types of insurance
coverages set out in the attached "Exhibit C," which exhibit is incorporated by
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reference as if fully set out here in its entirety.
b. Failure of Lessee. Failure of Lessee to procure and maintain in force the required
insurance coverages constitutes a material breach of the Lease upon which the
City may immediately terminate this Lease if Lessee does not furnish proof of the
required insurance coverages to the City within 10 days of written notice to Lessee.
c. Insurance Coverage Adjustments. The types and amounts of insurance coverage
specified in the Lease is subject to adjustment by the City's Risk Manager on the
Anniversary Date of the Lease. Notice of any such required adjustment(s) will be
provided to Lessee not less than 30 days prior to the Anniversary Date.
13. FINANCING. The City recognizes that Lessee may borrow funds for agricultural purposes,
or for other purposes, secured by a first lien security interest in Lessee's leasehold estate
in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's
leasehold estate, must not be subject to any liens, and any security lien instrument to
which Lessee is a party must contain the following language, or other similar language
approved in advance by the City Attorney:
"Lender agrees that the lien created by this instrument is effective only as
to the leasehold estate of Lessee created under that certain Lease by and
between the City of Corpus Christi and Lessee, and that this instrument
does not affect the fee simple interest in the Premises owned by the City
of Corpus Christi. In the event of any foreclosure by any lender of a lien or
liens on the Lessee's leasehold estate in the Premises or Lessee's
improvements, if any, such lender or other purchaser at foreclosure, its
successors and assigns, will succeed to all rights, privileges, and duties of
Lessee including, without limitation, the duty to pay rent."
14. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all
damages to any City or franchisee utility lines and equipment located on the Premises
caused by Lessee's farming and agricultural operations and must replace all lines or
equipment injured or destroyed because of Lessee's farming and agricultural operations.
If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to
any City equipment located on the Premises, the City's representative will determine the
extent of damage and amount of repairs and/or replacement needed to the City
Improvements, and, as determined by the City's representative, a City gas, storm,
wastewater, or water division crew will be brought in and immediately allowed to make all
necessary repairs and/or replacements. An additional fee will be due for the cost of a City
inspector for any portion of a day spent inspecting construction, maintenance, repair,
replacement, or relocation of said utility lines and equipment pursuant to this paragraph.
A franchisee whose franchisee improvements are damaged will follow the same process
as set out for damage to City Improvements. All costs incurred by City (including labor
and materials) associated with the repairs and/or replacement of the lines and equipment
must be paid by Lessee.
15. ASSIGNMENT AND SUBLEASING. Lessee shall not at any time, without the express
prior written consent of the City Manager, assign, sublease, or transfer, or permit or
participate in any assignment, sublease, or transfer, of this Lease or any of the rights,
powers, or privileges granted under this Lease. Consent to an assignment or sublease
shall not be unreasonably withheld by City. In the event of an approved assignment or
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sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all
terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees
that, notwithstanding any approved assignment or sublease, Lessee shall also remain
liable under all terms, conditions, and obligations of the Lease unless released in writing
by the City Manager.
16. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and
Lessee may not hunt nor allow any other party to hunt on the Premises without the express
written consent of the City Manager.
17. SECURITY.
a. Lessee, its officers, employees, agents, contractors, and invitees must comply with
all applicable federal and local security regulations, as the same may be amended.
Lessee covenants to indemnify and hold harmless City, its
officers, and employees from any charges, fines, or penalties that
may be assessed or levied by the FAA or Transportation Security
Administration by reason of the negligent or intentional failure of
Lessee, its officers, employees, agents, contractors, or invitees
to comply with security regulations, regardless of whether the
fine, charge, or penalty is levied against the City or the Lessee.
b. Each of Lessee's employees needing access to a restricted area (must wear a
security badge while in any restricted area. Lessee will pay an issuance fee for
each badge and a replacement fee for each lost security badge. The Aviation
Director may also require the payment of a reasonable deposit fee for each
security badge issued consistent with fees charged to other tenants at the Airport.
Lessee must notify the Aviation Director immediately after any employee of
Lessee who was issued a security badge is terminated or loses a badge. Lessee
and Lessee's employees must comply with all City and federal security
regulations and requirements.
18. FEDERAL CODE REQUIREMENTS FOR EQUIPMENT USE. Lessee covenants to
comply with the notification and review requirements set out in the FAR, Part 77, as
amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation
that requires notification as outlined in this regulation.
19. CONTROL OF STRUCTURES AND EQUIPMENT. Lessee shall not erect nor permit the
erection of any structure, antenna, or building, nor permit the growth of any tree on the
Premises, which has its highest point above a mean sea level elevation established by
FAA and the City as a height limitation on said structure, antenna, building, or object.
The City may enter the Premises and remove the encroaching structure, antenna,
building, or object without notice and at Lessee's expense plus an additional
administrative charge of 15%.
20. AERIAL APPROACHES. The Aviation Director may take any action necessary to protect
the Airport's aerial approaches against obstruction, including the right to prevent Lessee
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from erecting or permitting to be erected any building or structure on or adjacent to the
Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport
or constitute a hazard to aircraft.
21. RIGHT OF OVERFLIGHT. The City hereby reserves, for the use and benefit of the public,
a right of flight for the passage of aircraft above the surface of the Premises together with
the right to cause in the airspace noise as may be inherent in the operation of aircraft now
known or hereafter used for navigation thereof or flight in the air, and using the airspace
for landing at or taking off from, or operating on, the Airport.
22. HAZARDOUS SUBSTANCES.
a. For the purposes of this Lease, "hazardous substance or material" means and
refers to one or more of the following:
i. Asbestos;
ii. Any substance, material or waste defined as a"hazardous waste" pursuant
to Section 1004 of the Resource Conservation and Recovery Act(42 U.S.C.
Section 6901, et. seq.);
iii. Any substance, material or waste defined as a "hazardous substance"
pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation and Liability Act(42 U.S.C. Section 9601, et. seq.);
iv. Any substance, material or waste defined as a "regulated substance"
pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.C.
Section 6991, et. seq.); or
v. Any substance, material or waste which is reasonably considered by the
City to pose an actual or potential threat to persons or property in, around,
or on the Premises.
b. Lessee shall comply with all environmental laws, rules, regulations, orders and
permits applicable to the use of the Premises and improvements including, but not
limited to, required National Pollutant Discharge Elimination System Permits and
all applicable laws relating to the use, storage, generation, treatment,
transportation, or disposal of hazardous or regulated substances. Except for the
hazardous substances governed by and transported in full compliance with the
transportation laws of the state or federal government, Lessee must not knowingly
use, store, generate, treat, transport, or dispose of any hazardous or regulated
substances, materials, or waste on or near the Premises without the Aviation
Director's prior written approval and without first obtaining all required permits and
approvals from all authorities having jurisdiction over the operations conducted on
the Premises.
c. If Lessee determines that a threat to the environment including, but not limited to,
a release, discharge, spill, or deposit of a hazardous substance or regulated
substance has occurred or is occurring which affects or threatens to affect the
Premises or the persons, structures, equipment, or other property upon the
Premises or the Airport, Lessee must immediately notify the Aviation Director as
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required by law or regulation by verbal report in person or by telephone, to be
promptly confirmed in writing. Lessee must cooperate fully with the Aviation
Director in promptly responding to, reporting, and remedying a threat to the
environment including, without limitation, a release or threat of release of a
hazardous or regulated substance into the drainage system, soil, ground, or
surface water, waters, or atmosphere in accordance with applicable law or as
authorized or approved by any federal, state, or local agency having authority over
environmental matters.
d. Lessee shall keep a readily accessible file of Materials Safety Data Sheets
("MSDS") for each hazardous material or substance on the Premises or
transported, in accordance with federal and state transportation laws, which file
must be posted and immediately available to any Airport employee who responds
to a report of a discharge of a hazardous substance or material on the Premises.
Lessee will require any operator of the facilities on the Premises to make best
efforts to determine which hazardous substance or material was accidentally
discharged and ensure that the MSDS sheet is available for the first responders to
the Premises.
e. Lessee will cause prompt remediation and the payment of all costs associated with
any action or inaction of Lessee that directly or indirectly prevents the City, acting
through the Airport, from materially conforming to all then applicable environmental
laws, rules, regulations, orders, or permits relating to the Premises. The rights and
obligations set forth in this section shall survive the expiration or earlier termination
of this Lease.
f. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee,
copies of any and all notices or correspondence directed to Lessee or any other
party at the Premises from any governmental entity, other entity, or person
indicating a violation or possible violation of any laws, rules, or regulations
including, without limitation, any law, rule, or regulation regarding hazardous
materials or substances (as such term is defined in this Lease).
23. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City
during the term of this Lease.
24. COMPLIANCE WITH STATE AND FEDERAL LAWS. The following provisions are in this
contract for compliance with state and federal law, and the City does not opine on their
validity or enforceability. Lessee shall bear the entire sole burden for complying with any
of these clauses. Prior to the enforcement of any of the following clauses, the City will give
at least 30 days notice of alleged violation thereof and an opportunity for the Lessee to be
heard concerning the alleged violation, effect thereof on the City, and proposed remedial
measures:
• Lessee warrants that it is and will continue to be an equal opportunity employer and
hereby covenants that no employee or customer will be discriminated against because
of race, religion, sex, age, disability, creed, color, or national origin.
• Lessee shall provide all services and activities required to comply with the Civil Rights
Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section
504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law
101-336 [S.933].
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• Lessee agrees to comply with Tex. Gov't Code § 2252.908 and submit Form 1295 to
the City with the signed agreement. The Parties agree that the City is not responsible
for the information contained in Form 1295.
• In accordance with Tex. Gov't Code §2252.909, Lessee must include in each contract
for the construction, alteration or repair of an improvement to this leased property a
condition that the contractor execute a payment bond that conforms to Subchapter I,
Chapter 53, Property Code and a performance bond equal to the amount of the
contract and conditioned on the faithful performance of the contractor's work in
accordance with the plans, specifications and contract documents. Lessee must
provide the City with a notice of commencement at least 90 days prior to start of
construction, alteration or repair that complies with Texas Gov't Code § 2252.909.
25. NOTICES.
a. All notices, demands, requests or replies provided for or permitted by this Lease
must be in writing and delivered by any one of the following methods: (1) by
personal delivery; (2) by deposit with the U.S. Postal Service as certified mail,
return receipt requested, postage prepaid; or (3) by deposit with an overnight
express delivery service, and sent to the following address:
If to City:
City of Corpus Christi
Attn: Aviation Director
1000 International Drive
Corpus Christi, TX 78406
Phone: (361) 826-1292
If to Lessee:
Danysh Farms, Inc.
Attn: Matt Danysh
2578 County Rd. 36
Robstown, TX 78380
Phone: (361) 946-5200
b. Notice deposited with the U.S. Postal Service in the manner described above will
be deemed effective two business days after deposit, postage prepaid. Notice by
overnight express delivery service will be deemed effective one business day after
delivery to the overnight express carrier, with proof of receipt.
c. Either party may notify the other, in the manner described above, of a change of
address. Any such change of address must be sent within 10 days of the effective
date of the change.
26. INDEMNITY. LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS,
AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND
AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS
OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL
INJURIES (INCLUDING, WITHOUT LIMITATION ON THE
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FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS),
OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER
WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED
WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY
CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY
LESSEE. LESSEE SHALL, AT LESSEE'S OWN COST AND
EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS,
ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION,
DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF
ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF
ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM
ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND
ACTIONS.
27. DEFAULT AND TERMINATION.
a. If Lessee defaults in performance of any of the promises or covenants contained
herein, City may terminate this Lease following written notice to Lessee of the
default and a reasonable opportunity to cure. 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. Once terminated, the City has the right, without
further notice to Lessee, to re-enter the Premises and remove all persons
therefrom without being deemed guilty in any manner of trespass and also without
prejudice to any remedies against Lessee for arrears of rent or breach of covenant.
b. In the event that any rent is due and unpaid under the Lease, the City may resume
possession of the Premises and relet the same for the remainder of this Lease
term at the best rent the City may obtain, for the account of the Lessee, who must
pay any resulting deficiency; and the City will have a lien as security upon all crops,
goods, wares, chattels, implements, fixtures, furniture, tools, and other personal
property which are located or were placed on the Premises, which lien is
cumulative of and in addition to any statutory landlord's lien created by law.
c. In the event Lessee has paid the full cash rent at the start of the Lease or any
applicable annual Anniversary Date, Lessee shall have the right to harvest any
existing crops that have been planted prior to the termination of the Lease.
d. The failure of City or Lessee to insist on strict performance of any of the terms,
covenants, or conditions of this Lease is not a waiver of any right or remedy that
City or Lessee may have and is not a waiver of the right to require strict
performance of all the terms, covenants and conditions of the Lease thereafter nor
is deemed to be a waiver of any remedy for the subsequent breach or default of
any term, covenant or condition of the Lease.
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28. REMOVAL OF PERSONAL PROPERTY. It is Lessee's responsibility to remove its
personal property of every kind and type from the Premises prior to termination or
expiration of the Lease. Lessee agrees that any personal property remaining on the
Premises after the termination or expiration of the Lease automatically becomes the City's
property without any further notice, action, or process of law for disposition by the City as
the City deems appropriate in the City Manager's sole discretion, without compensation
to Lessee. Lessee shall also be invoiced for the City's costs to remove Lessee's personal
property from the Premises after termination or expiration of the Lease, and Lessee shall
pay the invoice within 30 days of receipt.
29. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee
covenants and agrees that, upon expiration or any earlier termination of this Lease,
however caused, Lessee shall quit and surrender the Premises and perform all repairs
reasonably necessary to restore the Premises to the same condition it was in at the time
this Lease was entered into, reasonable wear and tear, acts of God, fire and flood damage
or destruction where Lessee is without fault, excepted.
30. RIGHTS OF THE CITY.
a. The City reserves the right to sell, use, or lease for a governmental or public use
different from the present use all or any part of the Premises at any time during the
term of this Lease. Should the Premises be sold, used, or leased before expiration
of this Lease and the purchaser or lessee is not willing to take the property subject
to this Lease and demands immediate possession, then the Lessee agrees to
vacate within 30 days following receipt of the notice to vacate. Should it become
necessary for Lessee to vacate in case of a sale or lease, then, the City will pay
Lessee, for the Premises or portion thereof vacated, the following amounts, to-wit:
a proportionate share of the then-applicable annual Lease Payment paid, which
share is determined by dividing (i) the number of days of the term remaining after
vacation by Lessee by (ii) the total number of days in the term, and multiplying the
resulting percentage by the annual Lease Payment amount paid by Lessee.
b. The City reserves and excepts from this Lease those easements reasonably
necessary for the purpose of assigning, exploring, prospecting, mining, drilling,
developing, producing, saving, transporting, storing, treating, removing, and
owning the reserved minerals and oil and gas in the Premises to the extent such
easements are implied under Texas common law to allow access to severed
estates.
c. 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.
d. It is understood and agreed by Lessee that the City retains sole authority to
negotiate settlement of any and all claims for damage by reason of activities in
connection with the operation, development, and exploration for oil, gas, and other
Page 11 of 19
minerals on the Premises. Lessee shall promptly notify the City of any and all
damages to the Premises and/or crops growing thereon that may be occasioned
by operation, development, or exploration for oil, gas, or other minerals, or that
may be occasioned by any other activity during the Lease term, which Lessee
observes, learns of, or has reason to be made aware of any such damage.
e. The City, by and through its officials, officers, employees, and agents, has the right
at all times during the Lease term to ingress and egress to the Premises for the
purpose of conducting any business incident to the activities of the City and for
purposes of inspection, repair, fire or police action, and enforcement of the terms
of this Lease, and includes the regular and necessary operation of vehicles and
equipment on the shared roadways bisecting and crossing the Premises.
31. CONDEMNATION. If the whole or a substantial part of the Premises are taken or
condemned by the City, or any entity with legal authority to exercise eminent domain
rights, for any public use or purpose, then and in that event, the term of this Lease shall
cease and terminate from the date when possession of the part or whole so taken or
condemned is required for such use or purpose. If less than a substantial part of the
Premises are taken or condemned by the City and, as a result thereof, Lessee believes
the ability to continue the purpose of this Lease has been eliminated, the question of a
possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to
the City for consideration.
32. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to
comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of
Interests form as part of this Lease contract. Lessee agrees to comply with Texas
Government Code Section 2252.908 and complete Form 1295 Certificate of Interested
Parties as part of this Lease contract. For more information, please review the information
on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Lessee also
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, as Lessee, need to file a Form CIQ, please review the information on the City
Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-
disclosure/index.
33. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any
provision waived, unless in writing and signed by a person authorized to sign lease
agreements on behalf of each respective party.
34. COMPLIANCE WITH LAWS.
a. General. Lessee covenants to promptly observe, comply with and execute, and
shall cause any sublessee to promptly observe, comply with and execute, the
provisions of any and all present and future governmental laws, ordinances, rules,
regulations, requirements, orders and directions applicable to the use and
occupancy of the Premises. A material breach of this covenant, which is not
remedied within any permitted cure period, may be cause for City's exercising its
rights under the Lease. During any period of Lessee's good faith challenge to any
such laws, ordinances, rules, regulations, requirements, orders and directions in a
Page 12 of 19
court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of
this Lease.
b. Federal. Lessee shall comply and shall require any sublessee to comply with all
applicable federal laws, rules, and regulations including, without limitation, the
Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with
Disabilities Act, and any other acts the U.S. Congress passes that apply to the
uses and operations at the Premises.
c. State. Lessee shall comply with all applicable laws, rules, and regulations of the
State of Texas.
d. Local. Lessee shall comply with all applicable City ordinances, and rules and
regulations promulgated by the Aviation Director.
35. RELATIONSHIP OF THE 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.
36. GENERAL PROVISIONS.
a. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights
in and under the soil beneath the Premises in which it holds an interest and
reserves the right to conduct or provide for testing and removal of any such City-
owned water, gas, oil, or minerals from the Premises.
b. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to
declare a forfeiture of this Lease for any breach or default whatsoever hereunder
does not waive City's or Lessee's right thereafter to declare a forfeiture for like or
other or succeeding breach or default.
c. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this
Lease if either is prevented from performing any of its obligations under this Lease
by reason of force majeure. "Force Majeure"for the purposes of this Lease means
any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of
God to include severe inclement weather and sustained periods of rain or snow,
civil commotion, fire or other casualty, and other causes beyond the reasonable
control of the party obligated to perform and claiming the force majeure. All of the
foregoing events excuse the performance by either party for a period equal to any
prevention, delay, or stoppage, including the obligations imposed with regard to
commencement or payment of rental and other charges to be paid by Lessee
pursuant to this Lease and the obligation of City to deliver the Premises.
d. Rules and Regulations. Lessor has adopted minimum operational standards
Page 13 of 19
("Minimum Standards")and rules and regulations("Rules and Regulations"),which
shall govern Lessee in the use of the Premises and all common facilities, a copy
of each of which has been furnished to the Lessee and are incorporated herein by
reference. Lessee agrees to comply fully at all times with these governing
documents. Lessor, in its sole discretion, shall have the right to amend, modify,
and alter these Minimum Standards and Rules and Regulations from time to time
in a reasonable manner and may introduce other regulations as deemed
necessary for the purpose of assuring the safety, welfare, convenience, and
protection of property of Lessor, Lessee, and all other tenants and customers of
the Airport; provided, however, that Lessor shall give Lessee reasonable advance
notice of any such amendments, modifications, or alternations of the Minimum
Standards and Rules and Regulations.
e. Venue. Venue for any action brought under this Lease lies in Nueces County,
Texas, where the Lease was executed and will be performed.
f. No Third-Party Benefit. No provision of this Lease creates a third party claim
against the City or the Lessee beyond that which may legally exist in the absence
of any such provision.
g. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay
all charges, fees, and taxes including, but not limited to, all payroll taxes, Medicare
taxes, FICA taxes, unemployment taxes, and all other related taxes according to
Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be
amended, and give all notices and respond to all communications that are
necessary and incident to the due and lawful conduct of business at and
occupancy of the Premises by Lessee. Lessee must provide proof of payment of
any tax within 10 days after the City Manager's written request for the same.
h. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of
all trash and other refuse resulting from operations on the Premises; must provide
and use suitable, sealed fireproof receptacles approved by the Aviation Director
for all trash and other refuse generated by the use of the Premises; must prohibit
the piling of boxes, barrels, or other similar items in or within view from a public
area; and must pay, or cause to be paid, the costs associated with trash removal
and disposal.
Delegation. Any obligations of the Lessee required by this Lease may be
delegated to any approved sublessee by the terms of the sublease agreement
between the parties, provided, however, that any such delegation shall not relieve
Lessee of its liability, responsibilities, and obligations under this Lease.
j. Publication. Lessee must pay all newspaper publication costs, if any,for this Lease
as required by the City Charter.
37. SEVERABILITY. 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
Page 14 of 19
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. 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.
38. BINDING AGREEMENT. It is mutually understood and agreed that the covenants,
conditions, and provisions contained in this Lease to be performed by the respective
parties are binding on the parties and their respective successors, assigns, and heirs.
39. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto
constitute the entire agreement between the City and Lessee for the use granted. All other
agreements, promises and representations with respect thereto, unless contained in this
Lease, are expressly revoked, as it is the intention of the parties to provide for a complete
understanding within the provisions of this document, and the exhibits incorporated and
attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use
of the Premises.
Signatures on next page.
Page 15 of 19
IN WITNESS WHEREOF, the undersigned have duly executed this Lease as of the dates set
forth below.
LESSOR: LESSEE:
Cl OF CORPUS CHRISTI DANYSH FA S, INC.
4
He er Hulbert,Assistant City Manager Matt Danysh, President
3InitlePA 0 0//QL/
Date Date
ATTEST:
(A`0 \ .AUTHOKILt►
Re ecca Huerta, Cit Secretary 3Y COUNCIL L0'
i //c;-/041- ----
Dat SSE(% M/iv ,
Approved as to legal form: l/3 14 /2-e' - f
dd,f,e,;, ,t. eei.vit_doL
Assistant City Attorney,
For Miles Risley, City Attorney
Exhibits:
Exhibit A-Map of Premises
Exhibit B-Survey of Property
Exhibit C-Insurance Requirements
Page 16 of 19
EXHIBIT C
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. 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 Agency to commence work until all
similar insurance required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one
(1) copy 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 by endorsement, 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
Commercial General Liability Including: $1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises— Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
C. In the event of accidents of any kind related to this agreement, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, 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 Contractor will
be promptly met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at 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. 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. 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. 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 30 calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than 10 calendar days advance written notice for nonpayment of premium.
E. Within 5 calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend 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 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 Contractor to
remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Contractor hereunder until Contractor demonstrates compliance
with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons or
property resulting from Contractor's or its subcontractor's performance of the work
covered under this agreement.
H. It is agreed that 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.
2024 Insurance Requirements
Ins. Req. Exhibit 5-A
Leases of City Property — Leases of City Real Property
01/01/2024 Risk Management— Legal Dept.
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N EXHIBIT B Prepared by: Randy Schumann
1 .. CC:1.fmk' DANYSH FARMS INC. PARCEL 4 SURVEY Approved IN, I E by: Kim Miller
.
-4. 41 , Corpus Christi Date: 02/09/2024
S International Airport Not to Scale Sheet No.1 of 1
EXHIBIT C
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. 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 Agency
to commence work until all similar insurance required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one(1)copy 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 by endorsement,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
Commercial General Liability Including: $1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
C. In the event of accidents of any kind related to this agreement,Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, 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 Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at 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. 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. 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. 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal,
material change or termination in coverage and not less than 10 calendar days advance written notice for
nonpayment of premium.
E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City.City
shall have the option to suspend 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 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 Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Contractor hereunder until Contractor demonstrates compliance with the requirements
hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that 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.
2024 Insurance Requirements
Ins. Req.Exhibit 5-A
Leases of City Property—Leases of City Real Property
01/01/2024 Risk Management—Legal Dept.
ATTACHMENT D: DISCLOSURE OF INTEREST FORM
=r- 1
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,
COMPANY NAME:
P. O. BOX: STREET ADDRFSS: C,r S(Q
CITY: izoks-fouJ STATE: ZIP: 'Uy- t r,0
FIRM IS: 1. Corporation 2.Partnership W 3Sole Owner E
4. Association �. 5.Other
DISCLOSURE QUESTIONS
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)
Ai/
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
AVA.
3. State the names of each "board member" of the City of Corpus Christi having on
"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
Page 1 of 2
RFQ Revised 4,19.2019
FILING REQUIREMENTS
It a person who requests official action on a matter knows which the requested action will canter
an economic benefit on any City official or employee which is distinguishable from the effect
which the action will have on members of the public in general or a substantial segment thereof,
you must disclose which fact in a signed writing to the City official, employee or body which has
been requested to act in the matter, unless the interest of the City official or employee in the
matter is apparent. The disclosure must also be made in a signed writing filed with the City
Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
I certify which all information provided is true and correct as of the date of this statement,which
I have not knowingly withheld disclosure of any information requested: and which supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: 'bn.A 1-‘ Title: P "tSrC e/J.)
Signature of
/v2ci
Certifying Person: Dote: - r
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 which is likely to affect an economic interest if it is likely to
have an effect on which interest which is distinguishable from its effect on members of the
public in general or a substantial segment thereof.
G. "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.
Page 2 of 2
RFQ Revised 4.19.2019