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Home My WebLink About12671 ORD - 07/02/1975MLM:jkh:hb:5 /27/75 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE CONTRACT AND LEASE AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. FOR THE USE OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS CHRISTI NATURE CENTER PARR, ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF. WHEREAS, by Ordinance No. 7085, passed and approved by the City Council on November 20, 1963, and amended by Ordinance 7543, passed by the City Council on April 7, 1965, the City of Corpus Christi entered into an agreement with the Corpus Christi Council of Garden Clubs, Inc., to construct a building and lease the same to the said Corpus Christi Council of Garden Clubs, Inc. for 9 term of five years; and I WHEREAS, the City and the Council of Garden clubs desire to extend the agreements hereinabove described, and as extended by Ordinance No. 9756, passed and approved by the City Council on May 20, 1970: NOW, THEREFORE, 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, for and on behalf of the City of Corpus Christi, to extend the contract and lease agreement with the Corpus Christi Council of Garden Clubs, Inc. for the use by the Council of Garden Clubs of the Garden Club Building situated in Corpus Christi Nature Center Park, adjacent to Greely Drive, in the City of Corpus Christi, Nueces County, Texas, for a term of five years, commencing on April 9, 1975 and terminating on April 8, 1980, as more fully set forth in the agreement between the parties, a copy of which is attached hereto and made a part hereof. 12671 THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, on November 21, 1963, City of Corpus Christi, herein- after called "City ", and the Corpus Christi Council of Garden Clubs, Inc., hereinafter called "Council of Garden Clubs ", entered into a contract which provided for the construction of a Garden Club building by Council of Garden Clubs, situated in the Corpus Christi Nature Center Park, adjacent to Greely Drive, in the City of Corpus Christi, Nueces County, Texas, which building then became the property of the City and the responsibility of the City to operate and maintain thereafter; and WHEREAS, said contract provided that Council of Garden Clubs would be charged no rent for the use of the building and the City would provide utilities comparable to the level of such service provided for similar activities at other City recreation centers; and . WHEREAS, the City and the Council of Garden Clubs amended the abovementi,oned contract and lease sous to provide an air conditioned building with the air conditioning to be installed by the City and the Council of Garden Clubs to reimburse the City for the cost of air condition- ing if the City would assume the operating and maintenance costs; and WHEREAS, the said building construction has been completed and the City reimbursed for the cost of installation of air conditioning; and WHEREAS, the Council of Garden Clubs desires to lease said Garden Club building for a five -year term, commencing on April 9, 1975, and termi- nating on April 8, 198o, and the City is agreeable to said five -year lease: NOW, THEREFORE, WITNESSETH: 1. The City shall be liable for all maintenance, utilities and janitorial service. Such maintenance, utilities and janitorial service, including operating and maintenance costs for the air conditioning systems but excluding telephones, shall be comparable to the level of such service provided for similar activities at other City Recreation centers. 2. It is understood that the Council of Garden Clubs 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 a It T "A charged therefor. The City 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 Council of Garden Clubs. 3. It is further understood by and between the parties that the City Recreation Division of the City 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 Council of Garden Clubs and its member clubs. General lease and use regulations applicable to other recreation centers shall also govern the use of this building. 4. It is further agreed by and between the parties that the Council of Garden Clubs and Park Division of the City will jointly plan the landscap- ing for the grounds around the Garden Club building. The Park Division will be responsible for installation and maintenance of grass. If Council of r Garden Clubs desire further landscaping or garden areas, the installation, maintenance and care of such gardens will be the responsibility of Council of Garden Clubs. 5. It is further agreed that in the event the Council of Garden Clubs desires to add to the Garden Club building at some future date that this permission will be granted with the understanding that the plans and specifications must first be approved by the Park and Recreation Board of the City and by the City Council. 6. It is further understood between the parties that the Council of Garden Clubs 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 in the manner as all other organizations except that the 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 concerned. Such organizations may designate regular meeting dates which shall, if regularly used, continue in effect until changed by the Council of Garden Clubs. 7. It is further understood and agreed by and between the parties that Council of Garden Clubs will carry a minimum of $10,000 and $20,000 public liability insurance to cover activities sponsored by the Council of Garden Clubs, or its member clubs, in the use of the premises for the 6M purpose of indemnifying the City in the event of suit against it in connec- tion with such activities. City agrees to replace or repair the premises in the event of damage to the facilities by fire, windstorm, hail, and /or vandalism, to the extent of the proceeds from insurance coverage, if any; or to the extent of 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. 8. It is further agreed by and between the parties that the following rooms in the Garden Club Building, (1) combination Library and Workroom, (2) warehouse storage room, (3) small storage cabinet area in Kitchen and (4) small meeting room adjoining Library, will be assigned without charge to the Council of Garden Clubs 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 Council of Garden Clubs. 9. It is further understood that the Council of Garden Clubs will have primary responsibility for furnishing and equipping the building and that the City has no obligation to furnish any equipment 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. 10. It is further understood that the Council of Garden Clubs shall have the right of ingress and egress to that portion of the building assigned primarily to it. 11. This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. This contract shall be construed as a contract concerning a gift to the City, and all of the improvements constructed thereon shall be the property of the City, and the further provisions of this agreement, concerning the right -3- of use of improvements or parts 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. 12. Breach of any of the conditions hereof by the Council of Garden Clubs or the dissolution of said corporation, shall terminate this agreement and subject the same to cancellation by the City upon written notice, by certified mail, addressed to the Council of Garden Clubs, Inc., 5325 Greely Drive, Corpus Christi, Texas. ' EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 1975. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: DAY OF , 1975: Acting City Attorney CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. ATTEST: $y President Secretary 0 THAT THE FOREGOING ORDINANCE WAS READ FO THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE �VXZ4- DAY OF 19�; BBY THE FOLLOWING VOTE: JASON Lust .�'I'. BILL TIPTON EDUARDO DE A3E3 RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINA CE WAS AD F THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE DAY OF , j97s, BY THE FOLLOWING VOTE: ��TTT��TTT"��" JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGO I G ORDIA FINALLY ON THIS THE DAY OF JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THI: ATTEST: C1 Y SECRETARY' AP ED: DAY OF a-: cq'llq� CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS