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Home My WebLink About11285 ORD - 01/31/1973JRR /Mc 12/27/72 AN ORDINANCE 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 BUILDING, LOCATED AT BELDEN AND NORTH WATER STREET, MORE FULLY DES- CRIBED HEREINAFTER, FOR A PERIOD OF FIVE (5) YEARS, BEGIN- NING JANUARY 23, 1973 AND TERMINATING JANUARY 23, 1978, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE, THE SAME AS IF COPIED VERBATIM HEREIN. 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 y 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 CENTEF FOR MILITARY PERSONNEL FOR A PERIOD OF FIVE.YEARS, BEGINNING JANUARY 23, 1`73 AND TERMINATING J /NUARY 23, 1978,-ALL AS MORE FULLY SET FORTH IN THE AGREEIENT, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY SECRETARY AND riADE A PART � 3 HEREOF BY REFERENCE, THE SAME AS IF COPIED VERBATIM HEREIN. 11285 74 i.Z �m JRR /MC 12/26/72 1ST THE STATE OF TEXAS ; KNOW 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 AND BODY POLITIC OPERATING UNDER A HOME RULE CHARTER OF THE STATE'OF TEXAS, LOCATED IN NUECES COUNTY, TEXAS, HERE- INAFTER 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 HEREINAFTER PROVIDED: I IN CONSIDERATION OF THE FACT THAT USO IS A NONPROFIT ORGANIZATION r DEVOTED AND DEDICATED TO THE WELFARE OF MILITARY SERVICE PERSONNEL AND THE FURTHER FACT THAT THE CITY OF CORPUS CHRISTI IS INTERESTED IN PROVIDING COM- FORTABLE QUARTERS AS A RECREATION CENTER FOR SUCH MILITARY PERSONNEL, NO RENTAL OTHER THAN THE OBLIGATIONS OF THE LESSEE HEREUNDER ARE REQUIRED OF "HE SAID USO. it THE TERM OF THIS LEASE IS FIVE (5) YEARS, BEGINNING JANUARY 1973, AND ENDING JANUARY 1978, PROVIDED, HOWEVER, THIS LEASE IS SUBJECT TO CANCELLATION BY THE CITY, AT ITS OPTION, IF THE PREMISES HEREBY LEASED ARE NEEDED FOR A MUNICIPAL PURPOSE, THE DETERMINATION OF WHICH NEED BY THE CITY COUNCIL OF CORPUS CHRISTI SHALL BE FINAL UPON GIVING AT LEAST SIX (6) MONTHS NOTICE IN WRITING TO USO. - 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, PLUMB- ING FACILITIES, PAYMENT OF ALL UTILITY EXPENSES, REMODELING AND REDECORATING AFTER PRIOR WRITTEN APPROVAL OF THE PLANS THEREFOR 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 NORTH WATER STREET, HAVING JRR/Mc 12/26/72 A FLOOR SPACE OF APPROXIMATELY 14,040 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 INSTALLATION 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 USOIS USE OF THE PREMISES OR ARISING DURING THE LESSEES USE OF THE PREMISES AND AGREES TO HOLD THE CITY HARMLESS FROM ANY DAMAGE SUSTAINED 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. Vil USO AGREES THAT IT WILL PROMPTLY EXECUTE AND FULFILL ALL ORDINANCES AND RECULATIONS OF THE STATE, COUNTY, CITY A.JD OTHER GOVERNMENTAL AGENCIES APPLICABLE TO SAID PROPERTY, AND ALL ORDINANLES OR REGULATIONS 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 LESSEES SOLE EXPENSE AND COST. Vill 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 REMOVE, 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. IX NO ASSENTS EXPRESS OR IMPLIED, BY THE CITY TO ANY BREACH OF ANY OF USO'S 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 TERM HEREOF. -2- JRR/Mc 1/$/73 2ND 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. Xll \ THE ENTIRE AGREEMENT OF THE PARTIES HERETO IS ENTERED IN WRITING IN THIS LEASE. USO SPECIFICALLY AGREES THAT IT WILL NOT PLAY, OR PERMIT THE PLAY- ING OF, MUSIC ON THE DEMISED PREMISES AT SUCH VOLUMES THAT SAID MUSIC DISRUPTS THE NORMAL WORKING CONDITIONS OF THE PARKS AND RECREATION DEPARTMENT. IN PARTICULAR BUT WITHOUT LIMITATION THIS PROHIBITION SHALL BE PARTICULARLY OBSERVED ON ANY CITY WORKING DAY BETWEEN THE HOURS OF 8:00 A.M. TO 5:00 P.M., AND PROVIDE) FURTHER THAT AT NO TIME SHALL GROUPS USING AMPLIFIED SOUND EQUIP- MENT PE ALLJWED TO PRACTICE BETWEEN 8:00 A.\1. TO 5:00 P.M. ON ANY CITY WORKING DAY. WITNESS OUR HANDS, THIS THE DAY OF 1973, IN DUPLICATE ORIGINALS, EACH OF WHICH IS TO BE CONSIDERED AN ORIGINAL. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: DAY OF 19r: CITY ATTORNEY ATTEST: U.S.O. BY SECRETARY THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND R CAD I NG ON THIS THE� % DAY OF /,Q,Y�.�„- ,�Q,.��y 19 2,� BY THE FOLLOWING VOTE: RONNIE SIZEMORE p, CHARLES A. BONNIWELL ROBERTO BOSQUEZ,•M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. Q.Q14a y� J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THAR.D READING ON THIS THE .DAY OF,-/7 l 19�� BY THE FOLLOWING VOTE: RONNIE SIZEMORE alV IL- CHARLES A. BONNIWELL .ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES� 0 GABE LOZANO, SR. J. HOWARD STARK THAT THE FORDINANCE FINALLY ONTHISTHE2/,at DAYOF ,^L.a� ,Flg_Z BY THEM PASSED FOLLOWING VOTE: RONNIE SIZEMORE Q Illy � CHARLES A. BONNIWELL •� ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS THE 3I AY. OF 19 -73 ATTEST: CHRISTI, TEXAS