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Home My WebLink About05687 ORD - 03/09/1960IMS:11H0-27 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT AND LEASE AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS INC. FOR ACRES OF LINDALE PARK AREA A COPY OF WHICH CONTRACT AND LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY, TO EXECUTE A CONTRACT AND LEASE AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBSO INC. FOR 1.07 ACRES OF LINDALE PARK AREA SITUATED IN CORPUS CHRISTI, NUECES COUNTYO TEXASO AND DESCRIBED AS FOLLOWS, TO -WIT: THAT CERTAIN TRACT OR PARCEL OF LAND CONSISTING OF A RECT- ANGULAR AREA LYING LENGTHWISE ALONG SOUTH STAPLES STREET AN LINDALE PARKS BEING APPROXIMATELY 130 FEET BY 335 FEET AND IS BORDERED BY THE JAYCEE FIELD PARKING LOT ON ONE SIDES AND THE TWO ENTRANCES TO THE PARKING LOT ON THE ADJOINING TWO SIDES AND THE RIGHT OF WAY LINE OF SOUTH STAPLES STREET ON THE FOURTH SIDE, AND CONTAINING 1.07 ACRES MORE OR LESS A COPY OF WHICH CONTRACT AND LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. 5687 0 C 46 • THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Q THIS AGREEMENT, ENTERED INTO THIS THE DAY OF 1960, BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORA- TION, PARTY OF THE FIRST PART, AND THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., A PRIVATE CORPORATION, PARTY OF THE SECOND PART. W 1 7 N E S S E T H : THE CITY OF CORPUS CHRISTI FOR A VALUABLE CONSIDERATION, DOES BY THESE PRESENTS CONTRACT AND AGREE WITH THE CORPUS CHRISTI COUNC14 OF GARDEN CLUBS, INC., AS HEREINAFTER SET OUT RELATIVE TO THE USE AS A BUILDING SITE THE FOLLOWING DESCRIBED PREMISES, SITUATED IN CORPUS CHRISTI, NUE665 COUNTY, TEXAS, TO -WIT: THAT CERTAIN TRACT OR PARCEL OF LAND CONSISTING OF A RECTANGULAR AREA LYING LENGTHWISE ALONG SOUTH STAPLES STREET IN LINDALE PARK, BEING APPROXIMATELY 130 FEET BY 335 FEET AND IS BORDERED BY THE JAYCEE FIELD PARKING LOT ON ONE SIDE, AND THE TWO ENTRANCES TO THE PARKING LOT ON THE ADJOINING TWO SIDES AND THE RIGHT OF WAY LINE OF SOUTH STAPLES STREET ON THE FOURTH SIDE, AND CONTAIN- ING 1.07 ACRES, MORE OR LESS. 1. THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., DESIRES THE RIGHT TO ERECT AND CONSTRUCT A GARDEN CLUB BUILDING IN LINDALE PARK ON THE AREA ABOVE DESCRIBED AND THE CITY OF CORPUS CHRISTI IS WILLING THAT SUCH PROJECT BE UNDERTAKEN UNDER THE TERMS AND CONDITIONS HEREIN SET FORTH. 2. IT IS UNDERSTOOD THAT WHEN THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., HAS COMPLETED THE ERECTION OF ITS GARDEN CLUB BUILDING THE BUILDING -s • WILL BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI AND THE CITY SHALL BECOME LIABLE FOR ALL MAINTENANCE, UTILITIES AND JANITORIAL SERVICE. SUCH MAINTENANCE, UTILITIES AND JANITORIAL SERVICE SHALL BE COMPARABLE TO THE LEVEL OF SUCH SERVICE PROVIDED FOR SIMILAR ACTIVITIES AT OTHER CITY RECREATION CENTERS. 3e IT IS FURTHER UNDERSTOOD THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., SHALL HAVE PRIORITY ON THE USE OF THE BUILDING FOR ITS ACTIVITIES AND THOSE SPONSORED BY THE ORGANIZATION AND ITS MEMBER CLUBS, AND THAT NO RENTAL FEE SHALL BE CHARGED THEREFOR. THE CITY OF CORPUS CHRISTI SHALL BE ENTITLED TO RECEIVE ALL OTHER REVENUES OBTAINED FROM THE RENTAL OF THE GARDEN CLUB BUILDING TO OTHER ORGANIZATIONS, EXCEPT THE CITY RECREATION DIVISION AND THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. 4. IT IS FURTHER UNDERSTOOD BY AND BETWEEN THE PARTIES THAT THE CITY RECREATION DIVISION OF THE CITY OF CORPUS CHRISTI WILL HAVE FULL RESPONSIBILITY FOR BOOKING THE BUILDING AND WILL ALSO HAVE THE RIGHT TO USE THE BUILDING FOR SUPERVISED RECREATION ACTIVITIES WHEN NOT IN USE BY THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., AND ITS MEMBER CLUBS. GENERAL LEASE AND USE REGULATIONS APPLICABLE TO OTHER RECREATION CENTERS SHALL ALSO GOVERN THE USE OF THIS BUILDING. 5. IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., AND PARK DIVISION OF THE CITY OF CORPUS CHRISTI WILL JOINTLY PLAN THE LANDSCAPING FOR THE GROUNDS AROUND THE GARDEN CLUB BUILDING. THE PARK DIVISION WILL BE RESPONSIBLE FOR INSTALLATION AND MAINTENANCE OF GRASS AND MINIMUM SHRUBBERY. IF THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., DESIRE FURTHER LANDSCAPING -2- OR GARDEN AREAS, THE INSTALLATIONS MAINTENANCE AND CARE OF SUCH GARDENS WILL BE THE RESPONSIBILITY OF THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. 6. IT IS FURTHER UNDERSTOOD THAT THE PLANS FOR THE GARDEN CLUB BUILDING MUST BE APPROVED BY THE PARK AND RECREATION -BOARD OF THE CITY OF CORPUS CHRISTI AND THE CITY COUNCIL PRIOR TO ADVERTISING FOR BIDS FOR THE 4411I11ISTRUCTION OF SUCH BUILDING. 7. THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., SHALL HAVE FULL RESPONSIBILITY FOR THE PREPARATION OF THE PLANSS ADVERTISING FOR BIDS, AND SUPERVISION OF THE CONSTRUCTION OF THE BUILDING, BUT IMMEDIATELY UPON SUCH BUILDING BEING COMPLETED AND ACCEPTED FROM THE CONTRACTOR IT WILL BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI. 8. IT IS FURTHER UNDERSTOOD BETWEEN THE PARTIES THAT THE CITY OF CORPUS CHRISTI DOES Nor ASSUME AND WILL NOT IN ANYWISE BE RESPON51BLE FOR ANY OF THE FINANCIAL OBLIGATIONS INCURRED OR CREATED BY THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INCo, IN CONNECTION WITH THE CONSTRUCTION AND ERECTION OF THE $GARDEN CLUB BUILDING. 9. IT IS FURTHER AGREED THAT IN THE EVENT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INCo, DESIRES TO ADD TO THE GARDEN CLUB BUILDING AT SOME FUTURE DATE THAT THIS PERMISSION WILL BE GRANTED WITH THE UNDER- STANDING THAT THE PLANS AND SPECIFICATIONS MUST FIRST BE APPROVED BY THE PARK AND RECREATION-BOARD OF THE CITY OF CORPUS CHRISTI AND BY THE CITY COUNCIL. 90. IT IS FURTHER UNDERSTOOD BETWEEN THE PARTIES THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INCo, OR ANY OF ITS INDIVIDUAL -3- 1 • MEMBER GARDEN CLUBS, WILL MAKE RESERVATIONS FOR THE USE OF THE GARDEN CLUB BUILDING THROUGH THE RECREATION DIVISION OF THE CITY OF CORPUS IN THE MANNER AS ALL OTHER ORGANIZATIONS EXCEPT THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, OR ANY MEN BER CLUB, SHALL HAVE FIRST PRIORITY FOR ANY DATE, EXCEPT THAT THEIR RESERVATION MUST BE MADE 60 DAYS PRIOR TO THE DATE CONCERNED. SUCH ORGANIZATIONS MAY DESIGNATE REGULAR MEETING DATES WHICH SHALL CONTINUE ON EFFECT UNTIL CHANGED BY THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. 99. IT IS FURTHER UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES l THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., WILL CARRY A MINIMUM r OF $90900040 AND $2090D.00 PUBLIC LIABILITY INSURANCE TO COVER ITS ACTIVI- TOES SPONSORED BY THE CORPUS CHRISTI COUNCOL OF GARDEN CLUBS, INC., OR ITS MEMBER CLUBS IN THE USE OF THE PREMISES FOR THE PURPOSE OF INDEMNIFYING THE CITY OF CORPUS CHROSTI IN THE EVENT OF SUIT AGAINST IT IN CONNECTION WITH SUCH ACTIVOTIES. THE CITY AGREES TO REPLACE OR REPAIR THE--PREMISES IN THE EVENT OF DAMAGE TO THE FACILITIES BY FORE, WINDSTORM, HAIL, AND/OR VANDALISM, TO THE EXTENT OF THE PROCEEDS FROM INSURANCE COVERAGE, IF ANY$ OR TO THE EXTENT OF THE VALUE OF THE BUILDING OR DAMAGE TO THE BUILDING, WHICHEVER. IS THE LESSER, THE VALUE OF THE BUILDING BEING DETERMINED AS OF THE DATE OF THE DAMAGEo 92. IT 13 FURTHER UNDERSTOOD THAT THE CORPUS CHROSTI COUNCIL OF GARDEN CLUBS, INCO, OS NOT TO BE.RESPONSIBLE FOR ANY OF THE EXPENSES INCURRED FOR PREPARING AND ADVERTISING THE ORDONANCE PUTTING THIS CONTRACT INTO EFFECT. 93. IT 13 FURTHER AGREED BY AND BETWEEN.THE PARTIES THAT CERTAIN LIMITED -AREAS FOR LIBRARY, OFFICE, GENERAL STORAGE, AND PANTRY STORAGE USE MAY i BE RESERVED FOR EXCLUSIVE USE BY THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. THESE AREAS WILL BE CLEARLY DESOGNATED ON THE PLANS TO BE APPROVED BY THE PARK —4- ti • BOARD AND THE CITY COUNCIL AND WILL BE LIMITED TO THE AREAS 50 APPROVED. ANY CHANGE IN THE DESIGNATION OF EXCLUSIVE USE AREAS WILL REQUIRE THE APPROVAL OF BOTH THE CITY COUNCIL AND THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INCo • 14. IT IS FURTHER UNDERSTOOD THAT THE COUNCIL OF GARDEN CLUBS WILL FURNISH AND EQUIP THE AREAS PRIMARILY FOR GARDEN CLUB USE AND THAT THE CITY OF CORPUS CHRISTI HAS NO ®BLIGATION TO FURNISH ANY EQUIPMENT OR FURNISHINGS FOR THE GARDEN CLUB BUILDING. EQUIPMENT FURNISHED BY THE COUNCIL OF GARDEN CLUBS WILL REMAIN THE PROPERTY OF SAID COUNCIL UNLESS SPECIFICALLY DONATED TO THE CITY. THE CITY WILL PROVIDE EQUIPMENT AND FURNISHINGS FOR THE PUBLIC AREAS AS CAPITAL OUTLAY APPROPRIATIONS BECOME AVAILABLE, AND SUCH APPROPRIATIONS SHALL BE MADE BY TAKING INTO CONSIDERA- TION THE NEED FOR CAPITAL OUTLAY AT OTHER RECREATIONAL FACILITIES OF THE CITY. 15. IT IS FURTHER UNDERSTOOD THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., SHALL HAVE THE RIGHT OF INGRESS AND EGRESS TO THAT PORTION OF THE BUILDING ASSIGNED PRIMARILY TO IT. 16. IT IS FURTHER UNDERSTOOD THAT THIS CONTRACT 214ALL TERMINATE IF THE CORPUS CHRISTI= COUNCIL OF GARDEN CLUBS, INC., HAS NOT COMPLETED THE FIRST STAGE OF ITS.BUILDING PROGRAM BY THE DAY OF FEBRUARY, 1965- 17- IT IS FURTHER UNDERSTOOD BETWEEN THE PARTIES THAT ANY OTHER CONTRACT OR AGREEMENT HERETOFORE ENTERED INTO BY THE COUNCIL OF GARDEN CLUBS OR THEIR PREDECESSORS AND THE CITY OF CORPUS CHRISTI IN REGARD TO THE USE OF CITY PROPERTY IS HEREBY CANCELLED AND TERMINATED AS OF THE EFFECTIVE DATE OF THIS CONTRACT. -5- • 18. THIS CONTRACT CONTAINS ALL THE PROVISIONS AGREED UPON BY THE PARTIES HERETO AND DISPLACES ALL PREVIOUS VERBAL OR ORAL AGREEMENTS. • THIS CONTRACT SHALL BE CONSTRUED AS..A CONTRACT CONCERNING A GIFT TO THE CITY OF CORPUS CHRISTI, AND ALL OF THE IMPROVEMENTS PROPOSED TO BE CON- STRUCTED SHALL BE THE PROPERTY OF THE CITY OF CORPUS CHRISTI, AND THE FURTHER PROVISIONS OF THIS AGREEMENT, CONCERNING THE RIGHT OF USE OF IMPROVEMENTS OR PARTS THEREOF, SHALL BE CONSTRUED TO BE A LEASE OF THE SAME AND FOR SUCH MAXIMUM PERIOD AS I.S PERMITTED BY THE CITY CHARTER TO BE GRANTED, FROM AND AFTER DATE OF EXECUTION BY THE CITY COUNCIL, WITHOUT THE NECESSITY OF AN ELECTION. 19. THE BREACH OF ANY OF THE CONDITIONS HEREOF BY THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., OR THE DISSOLUTION OF SAID CORPORATION, SHALL TERMINATE THIS AGREEMENT AND SUBJECT THE SAME TO CAM69LLATION BY THE CITY UPON WRITTEN NOTICE, BY REGISTERED MAIL, ADDRESSED TO THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., SOUTH STAPLES STREET, CORPUS CHRISTI, TEXAS, WITNESS THE HANDS OF THE DULY AUTHORIZED OFFICERS OF THE PARTIES HERETO, THIS DAY OF MISIMM , 1960. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FROM TFIIS DAY OF FEtII�L, 9960: CITY ATTORNEY ATTEST: SECRETARY CITY OF CORPUS CHRISTI BY HERBERT W. WHITNEY, CITY MANAGER CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. BY PRESIDENT THAT THE FOREGOING ORDINANCE WAS A OR THE IR T TIME AND PASS TO ITS SECOND READING ON THIS THE DAY OF BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GaABE LOZANO, SR, THAT THE FOREGOING ORDINANCE WASJAD FOR THE ?NY TIME AND PASS /gD TO ITS THIRD READING ON THIS THE TODAY OF ti. 19 0 , BY THE FOLLOWING VOTE: ELLROY KING rA JAMES L. BARNARD MRS. RAY A I RREART JOSEPH B. .DUNN PATRICK J. DUNNE Givj� R. A. HUMBLE GAGE LOZANO, SR. THAT THE FOR ING ORDINANCE EAD R TH THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF Q'�C 19 Cl 6 . BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. PASSED AND APPROVED8 THIS THE 7 AY OF Gc2 19 6 0 ATT CITY SECRET ARY AP� VAD AS TO GA FORM THIS DAY F 1959: CITY ATTORNEY • C / r v MAYOR . THE CITY F ORPUS CHRI I, TEXAS