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HomeMy WebLinkAbout12383 ORD - 12/11/1974r • •HG:hb:10 /31/74 oat ' AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A RENEWAL OF THE AGREEMENT WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES (NUECES COUNTY COMMUNITY ACTION AGENCY) AS AUTHORIZED BY ORDINANCE NO. 10463, PASSSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 15, 1974, 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, 1974 AND TERMIN- ATING AUGUST 31, 1977, 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 a renewal of the agreement with the Comm:mity Committee on Youth Education and Job Opportanities,(Nueces County Community Action Agency) as authorized by Ordinance No. 10463, passed and approved by the City Council on September 15, 1971, for the use and occupancy by the Committee on Youth Education and Job Opportun- ities of the Meadow Park Annex building, located at 442 Mohawk Street, for a day care center for a period of three years, beginning September 1, 1974 and terminating August 31, 1977, all as more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof, and marked Exhibit "A ". 121353 THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X 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 Manager, and the Community Committee on Youth Education and Job Opportunities (Nueces County Community Action Agency), acting by and through its duly authorized officer, hereinafter called "Lessee", for the use and occupancy of the hereinafter described premises, under the terms hereinafter provided. I 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 whatever 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 neighbor- hood to be served, no rental other than the obligations of the Lessee hereunder are required of the Lessee. Il The term of this lease is three (3) years, beginning September 1, 1974 and ending August 31, 1977. Lessor hereby leases to Lessee and Lessee accepts hereunder the building, 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. III Lessor will maintain the grounds and the exterior of the building, including the roof, at the expense of the City. The maintenance of the interior of the building, including the floors, wA ls, plumbing facilities, kitchen facilities, payment of all utility expense, remodeling and redecorating (after approval by Lessor) shall be at the expense of Lessee. IV All heating facilities now in the building shall be maintained at the expense of the Lessee, 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 Lessee's use of the premises or arising during the Lessee's use of the premises and agrees to save and hold Lessor harmless from any damage sustained 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 regu- lations 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. 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 main- tain the premises according to its covenants herein, Lessor may perform such repairs and collect the cost thereof from Lessee. -2- VIII Lessor retains the right at any time to forfeit any such use of the described property and may cancel this permit upon sixty (60) days' written notice to Lessee. Ix Lessee agrees not to sublet the leased premises or any part thereof without consent of Lessor in writing subject to the use as authorized in Article % of this Lease Agreement. Lessee agrees that the City Senior Community Services Program is authorized to and shall operate in conjunction with Lessee on said premises a nutrition and feeding program for older adults for the duration of and until termination of this lease and said program shall have the same option for renewal as outlined for Lessee. RI Lessee hereby agrees that all administrative and custodial duties necessary in the administration of the Senior Community Services Program shall be provided by that program. WHEREFORE WITNESS OUR HANDS, binding the respective parties this the day of , 1974, in duplicate originals each of which is to be considered an original. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF 1974: City Attorney ATTEST: By R. Marvin Townsend City Manager LESSOR CONKMITTY COMKI 'F'F ON YOUTH EDUCATION AND JOB OPPORTUNITIES (NUECES COUNTY COMMUNITY ACTION AGENCY) By' Executive Director LESSEE • That the foregoing ordinancg was read for the first time and passed to its second reading on this the _ (D�day of`� .�in�79_Z �, by the following vote: Jason Luby James T. Acuff ALI- Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinano was read for the second time and passed to its third reading on this the Way of `��_1 -J_/ ! 19� by the following vote: • Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the for o ordinance as read for the third time and passed finally on this the day of 19_, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark PASSED AND APPROVED, this the day of , 19 7 / . ATTEST: APPROVED: I_DAY OF� 19[1: /r 6 rney`s MAY THE CITY OF CORPUS CHRISTI, TE.YAS