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HomeMy WebLinkAbout07085 ORD - 11/20/1963IMS:JKH:10- 16 -63• k 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 A BUILDING SITE AND RELATED AREAS AS A PART OF THE CORPUS CHRISTI NATURE CENTER PARK, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, WHICH NEW LEASC IS IN LIEU OF A LEASE HERETOFORE AUTHORIZED BY ORDINANCE NO. 5687, DATED MARCH 9, 196o. 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 CLUBS, INC., FOR A BUILDING SITE AND RELATED AREAS AS A PART OF THE CORPUS CHRISTI NATURE CENTER PARK LOCATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND DESCRIBED AS FOLLOWS, TO -WIT: A BUILDING SITE OF APPROXIMATELY 4625 SQUARE FEET OF AREA IN THE CORPUS CHRISTI NATURE CENTER PARK, ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TOGETHER WITH THE JOINT USE OF DRIVEWAYS, SIDEWALKS AND PARKING AREAS, ALL AS INDICATED ON THE PLOT PLAN ATTACHED TO THE CONTRACT, THE EXACT AREA AND LOCATION BEING SUBJECT TO EXACT DETERMINATION BY SURVEY SATISFACTORY TO PARTIES HERETO, A COPY OF WHICH CONTRACT AND LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. SAID CONTRACT AND LEASE AGREEMENT HEREBY AUTHORIZED SHALL BE IN LIEU OF THE LEASE AGREEMENT AND CONTRACT HERETOFORE AUTHORIZED BY ORDINANCE No. 5687, DATED MARCH 9, 1960. 7085 10 -16 -63 THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THIS AGREEMENTS ENTERED INTO THIS THE DAY OF 1963, 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 I T N E S S E T H : THE CITY OF CORPUS CHRISTI FOR A VALUABLE CONSIDERATIONS DOES BY THESE PRESENTS CONTRACT AND AGREE WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., AS HEREINAFTER SET OUT RELATIVE TO THE USE AS A BUILDING SITE THE FOLLOWING DESCRIBED PREMISES SITUATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS TO -WIT: A BUILDING SITE OF APPROXIMATELY 4625 SQUARE FEET OF AREA IN THE CORPUS CHRISTI NATURE�PENTER PARK, ADJACENT TO GREELY DRIVES IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS TOGETHER WITH THE JOINT USE OF DRIVEWAYS, SIDEWALKS AND PARKING AREAS, ALL AS INDICATED ON THE PLOT PLAN ATTACHED TO THE CONTRACT, THE EXACT AREA AND LOCA- TION BEING SUBJECT TO EXACT DETERMINATION BY SURVEY SATISFACTORY TO PARTIES HERETO. 1. THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS INC. DESIRES THE RIGHT TO ERECT AND CONSTRUCT A GARDEN CLUB BUILDING IN THE CORPUS CHRISTI NATURE CENTER 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 WILL BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI AND THE CITY SHALL BECOME LIABLE FOR *ALL MAINTENANCEI'UTILITIES AND JANITORIAL SERVICE. SUCH MAINTENANCE, UTILITIES AND JANITORIAL SERVICE, EXCLUDING TELEPHONES, SHALL BE COMPARABLE TO THE LEVEL OF SUCH SERVICE PROVIDED FOR SIMILAR ACTIVITIES AT OTHER CITY RECREATION CENTERS. 3. 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. IF THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. DESIRE FURTHER LANDSCAPING OR GARDEN AREAS THE INSTALLATION, MAINTENANCE AND CARE OF SUCH GARDENS WILL BE THE RESPONSI- BILITY 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 CONSTRUCTION OF SUCH BUILDING. 7. THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., SHALL HAVE FULL RESPONSIBILITY FOR THE PREPARATION OF THE PLANS ADVERTISING FOR BIDS, .AND SUPERVISION OF THE CONSTRUCTION OF THE BUILDINGS BUT IMMEDIATELY UPON SUCH BUILDING BEING COMPLETED AND ACCEPTED FROM THE CONTRACTOR IT WILL BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI. -2- 8. IT IS FURTHER UNDERSTOOD BETWEEN THE PARTIES THAT THE CITY OF CORPUS CHRISTI DOES NOT ASSUME AND WILL NOT IN ANY WAY BE RESPONSIBLE FOR ANY OF THE FINANCIAL OBLIGATIONS INCURRED OR CREATED BY THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., IN CONNECTION WITH THE CONSTRUCTION AND EREC- TION OF THE GARDEN CLUB BUILDING. 9. IT IS FURTHER AGREED THAT IN THE EVENT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., 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. 10. IT IS FURTHER UNDERSTOOD BETWEEN THE PARTIES THAT THE CORPUS CHRISTI'COUNCIL OF GARDEN CLUBS, INC-2 OR ANY OF ITS INDIVIDUAL MEMBER GARDEN CLUBS) WILL MAKE RESERVATIONS FOR THE USE OF THE GARDEN CLUB BUILDING THROUGH THE RECREATION DIVISION OF THE CITY OF CORPUS CHRISTI IN THE MANNER AS ALL OTHER ORGANIZATIONS EXCEPT THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, OR ANY MEMBER CLUB, SHALL HAVE FIRST PRIORITY FOR ANY DATE, EXCEPT THAT THEIR RESERVATION MUST BE MADE 60 DAYS PRIOR TO THE DATE CON- CERNED. SUCH ORGANIZATIONS MAY DESIGNATE REGULAR MEETING DATES WHICH SHALL, IF REGULARLY USED, CONTINUE IN EFFECT UNTIL CHANGED BY THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. 11. IT IS FURTHER UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., WILL CARRY A MINIMUM OF $10,000.00 AND $20,000.00 PUBLIC LIABILITY INSURANCE TO,COVER ACTIVITIES SPONSORED BY THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS INC. OR ITS MEMBER CLUBS IN THE USE OF THE PREMISES FOR THE PURPOSE OF INDEMNIFYING THE CITY OF CORPUS CHRISTI IN THE EVENT OF SUIT AGAINST IT IN CONNECTION WITH SUCH ACTI- VITIES. THE CITY AGREES TO REPLACE OR REPAIR THE PREMISES IN THE EVENT OF DAMAGE TO THE FACILITIES BY FIRES WINDSTORM, HAILS AND /OR VANDALISM, TO THE EXTENT OF THE PROCEEDS FROM INSURANCE COVERAGE, IF ANY; OR TO THE EXTENT OF -3- 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 DAMAGE. 12. IT IS FURTHER UNDERSTOOD THAT THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., 15 NOT TO BE RESPONSIBLE FOR ANY OF THE EXPENSES INCURRED FOR PREPARING AND ADVERTISING THE ORDINANCE PUTTING THIS CONTRACT INTO EFFECT, 13. IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES THAT THE FOLLOW- ING ROOMS: (1) COMBINATION LIBRARY AND WORKROOM, (Z) WAREHOUSE STORAGE ROOM, (3) SMALL STORAGE CABINET AREA IN KITCHEN AND (4) SMALL MEETING ROOM ADJOINING LIBRARY, AFTER THE GARDEN CLUB BUILDING IS CONSTRUCTED, WILL BE ASSIGNED WITH- OUT CHARGE TO THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., AND ITS MEMBER CLUBS FOR THEIR EXCLUSIVE USE, EXCEPT THAT THE LIBRARY WILL BE OPEN TO THE PUBLIC FOR REFERENCE PURPOSES ON SPECIFIED DAYS AND HOURS. THESE AREAS WILL BE CLEARLY DESIGNATED ON THE PLANS TO BE APPROVED BY THE PARK BOARD AND THE CITY COUNCIL AND WILL BE LIMITED TO THE AREAS SO 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, INC. 14. IT IS FURTHER UNDERSTOOD THAT THE COUNCIL OF GARDEN CLUBS WILL HAVE PRIMARY RESPONSIBILITY FOR FURNISHING AND EQUIPPING THE BUILDING AND THAT THE CITY OF CORPUS CHRISTI HAS NO OBLIGATION TO FURNISH ANY EQUIP- MENT 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. ALL EQUIPMENT AND FURNISHINGS PLACED IN THE AREAS OPEN TO THE PUBLIC SHALL BE AVAILABLE FOR USE BY THE PUBLIC. 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 SHALL TERMINATE IF THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., HAS NOT COMPLETED THE FIRST STAGE OF ITS BUILDING PROGRAM BY THE iST 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 -4- THE USE OF CITY PROPERTY IS HEREBY CANCELLED AND TERMINATED AS OF THE DATE OF EXECUTION OF THIS CONTRACT AND IT IS SPECIFICALLY AGREED THAT THE CONTRACT ENTERED INTO UNDER AUTHORITY OF ORDINANCE No. 5687, DATED MARCH 9, 1960, IS HEREBY TERMINATED AND OF NO FURTHER FORCE AND EFFECT. 18. THIS CONTRACT CONTAINS ALL THE PROVISIONS AGREED UPON BY THE PARTIES HERETC 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 IM- PROVEMENTS OR PAR.Ts THEREOF, SHALL BE CONSTRUED TO BE A LEASE OF THE SAME AND FOR SUCH MAXIMUM PERIOD AS IS 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 CORPORA- TION, SHALL TERMINATE THIS AGREEMENT AND SUBJECT THE SAME TO CANCELLATION 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 1963. CITY OF CORPUS CHRISTI ATTEST: CITY SECRETARY -APPROVED AS TO LEGAL FORM THIS THE 16TH DAY OF OCTOBER, 1963: CITY ATTORNEY ATTEST: ECRETARY BY HERBERT W. WHITNEY CITY MANAGER CORPUS CHRISTI COUNCIL OF ' GARDEN CLUBS, INC. BY PRESIDENT D THAT THE FOREGOING ORDINANCE WAS js1 -� FOR THE FM TTtQ4ND PASS D 10 ITS SECOND READING ON THIS THE / (n DAY OF Q 19 / , BY THE FOLLOWING VOTE: JAMES L. BARNARC JAMES H. YOUNG JACK R. BLACKMOI, JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, THAT THE FOREGOING ORDINA WAS READ TO ITS THIRD READING ON THIS THE 9, 41 DAY OF BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THAT THE FOREJOING ORDINANCE W' READ FOR TV FINALLY ON THIS THE P DAY OF THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. PASSED AND APPROVED, THIS THE 9p DAY OF ATT 0 A$$ED SSED Y w'11- CITY SECIRItTAPI APPROVED AS TO LEG FORM THI DAY OF (32:L ,19 -L: OR . THE CITY OF CORPUS CHRISTIy TEXAS CITY ATTORNEY ` 9