HomeMy WebLinkAbout08973 ORD - 08/14/1968JKH:7 -1 -68
AN ORDINANCE
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AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE U.S-.O. FOR THE
USE AND OCCUPANCY OF THE NORTHWEST PORTION OF THE
PARK AND RECREATION BUIiLDING, LOCATED AT BELDEN AND
NORTH WATER STREET, MORE FULLY DESCRIBED HEREINAFTER,
FOR A PERIOD OF FIVE (5) YEARS, BEGINNING AUGUST 1,
1968, AND TERMINATING JULY 31, 1973, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH 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 BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED TO ENTER INTO AN AGREEMENT WITH THE U.S.O. FOR THE USE AND
OCCUPANCY BY THE U.S.O. OF THE NORTHWEST PORTION OF THE PARK AND RECREATION
BUILDING, LOCATED AT BELDEN AND NORTH WATER STREET, FOR RECREATION CENTER _
FOR MILITARY PERSONNEL FOR A PERIOD OF FIVE YEARS, BEGINNING AUGUST 1,
1968, AND TERMINATING JULY 311 1973, ALL AS MORE FULLY SET FORTH 'IN THE
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
THE STATE OF TEXAS
KN(A -1 ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE
CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION LOCATED IN NUECES COUNTY,
TEXAS] HEREINAFTER CALLED "CITY ", AND THE U.S.O., ACTING BY AND THROUGH
ITS DULY AUTHORIZED OFFICER, HEREINAFTER CALLED "USO ", FOR THE USE AND
OCCUPANCY OF THE HEREINAFTER DESCRIBED PREMISES, UNDER THE TERMS HEREIN-
AFTER PROVIDED:
IN CONSIDERATION OF THE FACT THAT USO IS A NONPROFIT ORGANIZA-
TION DEVOTED AND DEDICATED TO THE WELFARE OF MILITARY SERVICE PERSONNEL
AND THE FURTHER FACT" THAT THE CITY OF CORPUS CHRISTI IS INTERESTED IN
PROVIDING COMFORTABLE QUARTERS AS A RECREATION CENTER FOR SUCH MILITARY
PERSONNEL, NO RENTAL OTHER THAN THE OBLIGATIONS OF THE LESSEE HEREUNDER
ARE REQUIRED OF THE SAID USO.
THE TERM OF THIS LEASE IS FIVE (5) YEARS BEGINNING AUGUST 1,
1968, AND ENDING JULY 31, 1913•
II'
THE CITY WILL MAINTAIN THE GROUNDS AND THE EXTERIOR OF THE
BUILDING, INCLUDING THE ROOF, AT THE EXPENSE OF THE CITY, IN KEEPING WITH
THE PORTION OF THE PREMISES OCCUPIED BY THE PARK AND RECREATION DEPARTMENT
OF THE CITY. THE MAINTENANCE OF THE INTERIOR OF THE BUILDING, INCLUDING
THE FLOORS, WALLS, PLUMBING FACILITIES, PAYMENT OF ALL UTILITY EXPENSES,
REMODELING AND REDECORATING (AFTER APPROVED BY THE CITY) SHALL BE AT THE
EXPENSE OF THE USO.
IV
. THE PREMISES HEREBY LEASED ARE MORE PARTICULARLY DESCRIBED AS
THE NORTHWEST WING OF THE BUILDING OCCUPIED BY THE PARK AND RECREATION
DEPARTMENT OF THE CITY AND BEING THE SAME PREMISES FORMERLY OCCUPIED BY
THE CORPUS CHRISTI MUSEUM, AND BEING THOSE PREMISES LOCATED AT 1202 NGRTH
WATER STREETS HAVING A FLOOR SPACE OF APPROXIMATELY 4,040. SQUARE FEET,
SITUATED IN CORPUS CHRISTI NUECES COUNTY, TEXAS. _
V
ALL HEATING FACILITIES NOW IN THE BUILDING SHALL BE MAINTAINED
AT THE EXPENSE OF USO AND ANY AND ALL AIR CONDITIONING' INCLUDING INSTALLA- -
TION AND MAINTENANCE, SHALL BE AT THE EXPENSE OF USO.
VI
USO HEREBY RELEASES THE CITY FROM ALL DAMAGES AND CLAIMS OF
ALL AND ANY SORT, WHETHER TO PERSON OR TO PROPERTY, ARISING INCIDENT TO
THE USO'S USE OF THE PREMISES OR ARISING DURING THE LESSEES USE OF
THE PREMISES AND AGREES TO HOLD THE CITY HARMLESS FROM ANY DAI4AGE SUS-
TAINED BY LESSEE OR BY ANY OF ITS AGENTS, EMPLOYEES OR INVITEES AND TO
INDEMNIFY THE CITY AGAINST ANY AND ALL CLAIMS FOR SUCH LOSS, DAMAGE OR
INJURY.
VII
USO AGREES THAT IT WILL PROMPTLY EXECUTE AND FULFILL ALL
ORDINANCES AND REGULATIONS OF THE STATE, COUNTY, CITY AND OTHER GOVERN-
MENTAL AGENCIES APPLICABLE TO SAID PROPERTY, AND ALL ORDINANCES OR REGULA-
TIONS IMPOSED BY THE BOARD OF HEALTH, SANITATION AND POLICE DEPARTMENTS
OF THE CITY FOR THE CORRECTION, PREVENTION AND ABATEMENT OF NUISANCES IN
OR CONNECTED WITH SAID PROPERTY DURING THE TERM OF THIS PERMIT AT LESSEE'S
SOLE EXPENSE AND COST.
VIII
USO SHALL NOT PLACE, PAINT OR OTHERWISE AFFIX ANY SIGNS ATE
OR ON OR ABOUT THE PROPERTY, OR ANY PART THEREOF, EXCEPT WHERE AND AS
FIRST APPROVED IN WRITING BY THE CITY. THE CITY SHALL HAVE THE RIGHT -AT
ANY TIME TO REQUIRE USO TO REMOVES PAINT OR REPAIR THE SIGNS ALLOWED.
SHOULD USO NOT REMOVE, PAINT OR REPAIR THE SAID SIGNS WITHIN TEN DAYS OF
DEMAND THEREFOR IN WRITING, THE CITY MAY FULFILL ITS DEMANDS AND CHARGE
THE EXPENSE OF SAME TO USO.
a IX
NO ASSENT, EXPRESS OR IMPLIED, BY THE CITY TO ANY BREACH OF ANY
OF USO'B COVENANTS, AGREEMENTS, CONDITIONS OR TERMS HEREOF SHALL BE DEEMED
OR TAKEN TO BE A WAIVER OF ANY SUCCEEDING BREACH OF ANY COVENANT, AGREEMENT
CONDITION OR TER14 HEREOF. -
-2-
X
CITY RESERVES THE RIGHT TO ENTER SAID PREMISES AT ANY TIME
DURING THE EXISTENCE OF THIS LEASE FOR THE PURPOSE OF INSPECTING THE '
SAME IN ORDER TO DETERMINE WHETHER THE TERMS OF SAID LEASE ARE BEING
OBSERVED AND CARRIED OUT.
XI
USO AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY PART -
THEREOF WITHOUT THE CONSENT OF THE CITY IN WRITING. THE ENTIRE AGREEMENT
OF THE PARTIES HERETO IS ENTERED IN WRITING IN THIS LEASE.
WITNESS OUR HANDS, THIS THE DAY OF 1968,
9 ,
IN DUPLICATE ORIGINALS, EACH OF WHICH IS TO BE CONSIDERED AN ORIGINAL.
ATTEST:
CITY OF CORPUS CHRISTI
CITY SECRETARY By
R. MARVIN TOWNSEND
APPROVED: CITY MANAGER
DAY OF , 1968:
CITY ATTORNEY U.S.O.
ATTEST: By
SECRETARY
" THAT THE FOREGOING ORDINANCE WAS
PASSED TO ITS SECOND
BEAD FOR THE FIRST TIME AND "
READING ON THIS THE D� DAY OF
BY THE FOLLOWING VOTE:
" JACK R. BLACKMON
" RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, $R,
% w
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
_
THAT THE FOREGOING ORDINAN WAS READ FOR HE ECO TIME AND PA D
TO ITS THIRD READING ON THIS THE• DAY OF
- BY THE ���''' ---. ----------- -
-----
FOLLOWING VOTE: hhFF----
9, '
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
. P. JIMENEZ, JR., M.D.
.
GABE LOZANO, $R.
- KEN MCDANIEL
�-
- W. J. "WRANGLER" ROBERTS
_-._..
THAT THE FOR NG ORDINANCE AS EAD FOR THE TII Tlf -0E AND PASSED
. FINALLY ON THIS THE DAY OF
ING VOTE: -
I9 , BY THE FOLLOW-
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.,_
' P• JIMENEZ, JR., M.D._..
GABE LOZANO, $R.
"
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
PASSED AND APPROVED, THIS THE / `y
DAY of
ATTEST:
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CITY ECR ETARY -
MA
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APPROVED THE
CITY OF CORPUS CHRISTI, TEXAS .
CITY ATTORNEY