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HomeMy WebLinkAbout10463 ORD - 09/15/19718 -10 -71 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES (NUECES COUNTY COMMUNITY ACTION AGENCY) FOR THE USE AND OCCUPANCY OF THE MEADOW PARK ANNEX BUILDING, LOCATED AT 442 MOHAWK STREET, FOR A PERIOD OF THREE (3) YEARS, BEGINNING SEPTEMBER 1, 1971 AND TERMINATING AUGUST 31, 1974, 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 COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES (NUECES'COUNTY COMMUNITY ACTION AGENCY) FOR THE USE AND OCCUPANCY BY THE COMMUNITY COMMITTEE ON YOUTH EDUCAT104AND JOB OPPORTUNITIES OF THE MEADOW PARK ANNEX BUILDING, LOCATED AT 442 MOHAWK STREET, FOR A DAY CARE CENTER FOR A PERIOD OF THREE YEARS, BEGINNING SEPTEMBER 11 1971 AND TERMINATING AUGUST 311 1974, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". 10463 THE STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Q THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI A HOME -RULE CITY AND MUNICIPAL CORPORATION AND BODY POLITIC LOCATED IN NUECES COUNTY, TEXAS, HEREINAFTER CALLED "LESSOR", ACTING BY AND THROUGH THE CITY MANAGERy AND THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES NUECES COUNTY COMMUNITY ACTION AGENCY) ACTING BY AND THROUGH ITS DULY AUTHORIZED OFFICERS HEREINAFTER CALLED "LESSEE ", FOR THE USE AND OCCUPANCY OF THE HEREINAFTER DESCRIBED PREMISES UNDER THE TERMS HEREINAFTER PROVIDED. IN CONSIDERATION OF THE FACT THAT THE LESSEE IS A NONPROFIT ORGANIZATION THAT REACHES OUT TO POVERTY AREAS TO LOCATE THE PROBLEMS OF INDIVIDUALS AND FAMILIES AND FURTHER THAT IT PROVIDES ASSISTANCE WITH WHAT- EVER PROBLEMS ARE ENCOUNTERED AND FURTHER THAT LESSOR IS INTERESTED IN THE PROVISION OF SUCH SERVICES TO THE PEOPLE AND FURTHER THAT THE LESSEE INTENDS TO USE THE BUILDING AS A DAY CARE FACILITY AND FURTHER THAT THE LESSOR RECOGNIZES THE NEED FOR SUCH OPERATION IN THE NEIGHBORHOOD TO BE SERVED, NO RENTAL OTHER THAN THE OBLIGATIONS OF THE LESSEE HEREUNDER ARE REQUIRED OF THE LESSEE. II THE TERM OF THIS LEASE IS THREE (3) YEARS BEGINNING SEPTEMBER 11 1971 AND ENDING AUGUST 311 1974. LESSOR HEREBY LEASES TO LESSEE AND LESSEE ACCEPTS HEREUNDER THE BUILDINGS IMPROVEMENTS AND GROUNDS ON LOT 12, BLOCK 23, MEADOW PARK ADDITION, BEING THE MEADOW PARK ANNEX BUILDING; PROVIDED, HOWEVER THAT THIS LEASE IS SUBJECT TO THE PRIOR LEASE OF A PORTION OF SAID PREMISES BY LESSOR TO THE NUECES COUNTY LEGAL AID SOCIETY AND WHICH REMAINS IN FULL FORCE AND EFFECT. LESSOR WILL MAINTAIN THE GROUNDS AND THE EXTERIOR OF THE BUILDING, INCLUDING THE ROOFS AT THE EXPENSE OF THE CITY. THE MAINTENANCE OF THE INTERIOR OF THE BUILDINGS INCLUDING THE FLOORS WALLS, PLUMBING FACILITIES KITCHEN FACILITIES PAYMENT OF ALL UTILITY EXPENSE, REMODELING AND REDECORAT- ING {AFTER APPROVAL BY LESSOR) SHALL BE AT THE EXPENSE OF LESSEE. r -( I ALL HEATING FACILITIES NOW IN THE BUILDING SHALL BE MAINTAINED AT THE EXPENSE OF THE LESSEES AND ANY AND ALL AIR CONDITIONING, INCLUDING INSTALLATION AND MAINTENANCE, SHALL BE AT THE EXPENSE OF LESSEE. V LESSEE HEREBY RELEASES LESSOR FROM ALL DAMAGES AND CLAIMS OF ALL AND ANY SORT WHETHER TO PERSON OR TO PROPERTY ARISING INCIDENT TO THE LESSEES USE OF THE PREMISES OR ARISING DURING THE LESSEES USE OF THE PREMISES AND AGREES TO SAVE AND HOLD LESSOR HARMLESS FROM ANY DAMAGE SUS- TAINED BY LESSEE OR BY ANY OF ITS AGENTS, EMPLOYEES, USERS OR INVITEES AND TO INDEMNIFY LESSOR AGAINST ANY AND ALL CLAIMS FOR SUCH LOSS DAMAGE OR INJURY. VI THE LESSEE AGREES THAT IT WILL PROMPTLY EXECUTE AND FULFILL ALL ORDINANCES AND REGULATIONS OF THE CITY, COUNTY AND STATE AND OTHER GOVERN- MENTAL AGENCIES APPLICABLE TO SAID PROPERTY, AND ALL ORDINANCES OR REGULA- TIONS IMPOSED BY THE BOARD OF HEALTHY SANITATION AND POLICE DEPARTMENTS OF THE CITY FOR THE CORRECTIONS PREVENTION AND ABATEMENT OF NUISANCES IN OR CONNECTED WITH SAID PROPERTY DURING THE TERM OF THIS PERMIT AT LESSEES SOLE EXPENSE AND COST. LESSEE FURTHER AGREES TO COMPLY WITH ALL STANDARDS AND REGULATIONS OF THE BOARD OF HEALTH AND THE DEPARTMENT OF PUBLIC WELFARE OF THE STATE OF TEXAS REGARDING THE OPERATION OF A DAY CARE FACILITY. VII LESSOR 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. IN THE EVENT LESSEE FAILS TO REPAIR AND MAINTAIN THE PREMISES ACCORDING TO ITS COVENANTS HEREIN LESSOR MAY PERFORM SUCH REPAIRS AND COLLECT THE COST THEREOF FROM LESSEE. VIII LESSOR RETAINS THE RIGHT AT ANY TIME TO FORFEIT ANY SUCH USE OF THE DESCRIBED PROPERTY AND MAY CANCEL THIS PERMIT UPON SIXTY (6O) DAYS' WRITTEN NOTICE TO LESSEE. -2- Ix LESSEE AGREES NOT TO SUBLET THE LEASED PREMISES OR ANY PART THEREOF WITHOUT THE CONSENT OF LESSOR IN WRITING. THE ENTIRE AGREEMENT OF THE PARTIES HERETO IS ENTERED IN WRITING IN THIS LEASE. WITNESS OUR HANDS, THIS THE DAY OF 1971, IN DUPLICATE ORIGINALS, EACH OF WHICH IS TO BE CONSIDERED AN ORIGINAL. CITY OF CORPUS CHRISTI ATTEST: BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER LESSOR APPROVED: DAY OF AUGUST, 1971: C Y ATTORNEY COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES (NUECES COUNTY COMMUNITY ACTION AGENCY) ATTEST: BY SECRETARY ROBERTO TIJERINA EXECUTIVE DIRECTOR LESSEE THAT THE FOREGOING ORDINANCE WAS READ FJOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THEDAY OF.�- -a�C,, l9'- , BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ Fes" THE " "SEEC NO TIME AND PASSED TO ITS THIRD READING ON THIS THE/ DAY OF (LGL.9.LC,�LC., j9�, BY THE FOLLOWING VOTE: BONNIE SIZEMORE _- =CCG CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. � J. HOWARD STARK d-dJ THAT THE FOREGOING ORDINA ZE AS R AD FOR TH THIRD TIME AND PASSEDa- FINALLY ON THIS THE /5 DAY OF� 19_'ZL__, BY THE FOLLOWING VOTE: ' BONNIE SIZEMORE CHARLES A. A. BONNIWELL •hX71�jL"� ROBERTO BOSQUEZ - REV. HAROLD T. BRANCH THOMAS V. GONZALES -� GAGE LOZANO, SR. J. HOWARD STARK e7 PASSED AND APPROVED, THIS THE AY.OF �9 ATTEST: Qw, O l • CITY SECRETARY MAYOR THE CITY OF CORPUS C TI, TEXAS APPROVED: DAY OF , 1 CITY ATTORNEY MOTION THAT THE ORDINANCE AUTHORIZING EXECUTION OF AGREEMENT WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES READ ON THE FIRST OF THREE READINGS ON THE 11TH DAY OF AUGUSTA 19711 BE AMENDED BY AMENDING PARAGRAPH 11 OF THE AGREEMENT ATTACHED TO SAID ORDINANCE BY ADDING THERETO THE FOLLOWING: "LESSOR HEREBY LEASES TO LESSEE AND LESSEE ACCEPTS HEREUNDER THE BUILDINGS IMPROVEMENTS AND GROUNDS ON LOT 12, BLOCK 23, MEADOW PARK ADDITION, BEING THE MEADOW PARK ANNEX BUILDING; PROVIDED HOWEVER, THAT THIS LEASE IS SUBJECT TO THE PRIOR LEASE OF A PORTION OF SAID PREMISES BY LESSOR TO THE NUECES COUNTY LEGAL AID SOCIETY AND WHICH REMAINS IN FULL FORCE AND EFFECT."