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HomeMy WebLinkAbout13157 ORD - 05/05/1976• E:vmr:3- 30- 76;1st • TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3 -YEAR LEASE AGREEMENT, WITH OPTION TO RENEW FOR TWO 1 -YEAR PERIODS, WITH NUECES COUNTY MENTAL HEALTH -MENTAL RETAR- DATION COMMUNITY CENTER, FOR USE OF FACILITIES LOCATED AT 823 FURMAN STREET FOR AN ADULT ACTIVITY CENTER PRO- GRAM, A SUBSTANTIAL COPY OF WHICH AGREEMENT, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be, and he is hereby authorized to execute, for and on behalf of the City of Corpus Christi, a lease agreement with Nueces County Mental Health- Mental Retardation Community Center for a . term of three years with option to renew for two 1-year periods, for use of facilities located at 823 Furman Street in the City of Corpus Christi, Texas, for an adult activity center program, a substantial copy of which Agreement, marked Exhibit "A ", is attached hereto and made a part hereof. 1=57 I. • LEASE AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X This Lease Agreement made and entered into this day by and between the City of Corpus Christi, Texas, a municipal corporation, here- inafter called "Lessor ", and Nueces County Mental Health - Mental Retardation Community Center, a nonprofit corporation, duly incorporated under the laws of the State of Texas, having its registered address at 1630 S. Brownlee, Corpus Christi, Texas, 78404, acting by and through George Peters, Chairman of the Board of Directors and R. V. Whittington, Executive Director, said corporation being hereinafter referred to as "Lessee ": W I T N E S S E T H: 1. The City of Corpus Christi does by these presents lease and demise unto the said Lessee the following described premises, to -wit: Lots 5 and 6 of Block 6, Hampton Addition to the City of Corpus Christi, and the strip adjoining and West of said Lot 6, approximately 10 feet in width, all in the City of Corpus Christi, Nueces County, Texas, and the furniture, fixtures and personal property, a list of which is attached hereto and made a part hereof, and designated Exhibit "A ", for a term of three (3) years, beginning May 1, 1976 and ending April 31, 1979, subject to can- cellation by either party upon ninety (90) days written notice. Nueces County Mental Health - Mental Retardation Community Center shall have an option to renew this lease for two 1 -year periods upon written notice to the City Manager of the City of Corpus Christi at least (30) days prior to the expira- tion of the term of this lease. This lease shall further be subject to the following conditions and-covenants: A. The premises and property hereby leased are to be used only for the purpose of a facility for the training of mentally retarded adults and children who are not in attendance in public schools. B. The Lessee shall pay all utility bills and shall be responsi- ble for all type of maintenance and agrees to take good care of the property and its appurtenances and keep the premises in as good order and condition as the same are now in, natural wear and tear and damage from the elements only excepted. C. Lessee agrees to reimburse the City for the actual cost of fire and extended coverage insurance on the building on the premises hereby leased. Lessor reserves the right to inspect the premises from time to time at reasonable hours to determine whether the terms of this lease are being observed and carried out. Lessee agrees that in the event of death or injury to any person or loss, destruction or damage to any property in connection with the maintenance, operation or repair of the premises or improvements hereby leased, the Lessee agrees to indemnify and save harmless the Lessor from and against any loss, expense, claims or demands to which the Lessor may be subject, and for the protection of the Lessor shall carry public liability policy providing protection in the amount of $100,000 for injury to any one person and $300,000 for personal injury and death from any one accident and $50,000 property damage for any one accident. D. Lessee shall promptly execute and fulfill all the ordinances of the City of Corpus Christi applicable to said premises and all ordinances and requirements imposed by the Health, Sanitary, Fire and Police Departments of the City. E. No malt, vinous or alcoholic beverages shall be permitted on the premises and no smoking shall be permitted where the same would constitute a fire hazard. F. In case of default, the Lessor may declare this lease for- feited at its discretion, and its agents or attorneys shall have the right without further notice or demand to re -enter and remove all persons therefrom without being deemed guilty of any manner of trespass and without prejudice to any reme- dies which Lessor may have and the Lessor shall have a lien as security for any sums due to Lessor or claims for damages under the terms hereof. At the termina- tion of this lease premises shall be returned to the Lessor. WITNESS the hands of the parties hereto in duplicate, either of which shall be considered an original, this the day of , 1976. • ATTEST: Secretary APPROVED: DAY OF , 1976 J. BRUCE AYCOCK, CITY ATTORNEY B y - /)ka 4AL ,Aram City Aytorney Director of Finnnc • NUECES COUNTY MENTAL HEALTH -MENTAL RETARDATION COMMUNITY CENTER By George Peters, Chairman of the Board of Directors R. V. Whittington, Executive Director CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend, City Manager AUikORIBLt BY COUNCIL J - ? 6 SECRETARY • EBHIBIT "A" FURNITURE, FIXTURES, AND PERSONAL PROPERTY OF CITY OF CORPUS CHRISTI LEASED BY NUECES COUNTY MENTAL HEALTH -MENTAL RETARDATION COMMDNITY CENTER Stove Refrigerator Washing Machine Two Single Beds Dining Room Suite Two Beds Furnishings - Two Bedrooms Dinette Set C] JASON LUSY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDIN - -- FINALLY ON THIS THE 3U DAY OF JASON LUSY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY CASE LOZANO, SR. EDWARD L. SAMPLE 1E THIRD TIME AND PASSED 19� BY THE FOLLOWING VOTE: PASSED AND APPROVED, THIS THE DAY OF 19 47/ ATTy/EST: c., � (�" CITY SECRETARY NA OR CITY OF CORPUS G{RISTI, S AVED � DAY OF 19l G: CITY ATTORNEY THAT THE FOREGOING ORDINANCE WAS READ FOR TO ITS SECOND READING ON THIS THE .57 DAY OF THE FI ST TIME ND PASSED FOLLOWING VOTE: 19Z BY THE JASON LUeY �. !)P. BILL TIPTON EDUARDO DE ASES ' RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING TO ITS THIRD READING ON THIS OROINAF_Cy, WAS READ FOR NE SECOND TIME AND PASSED THE - DAY OF FOLLOWING VOTE: 19,& BY THE JASON LUSY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDIN - -- FINALLY ON THIS THE 3U DAY OF JASON LUSY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY CASE LOZANO, SR. EDWARD L. SAMPLE 1E THIRD TIME AND PASSED 19� BY THE FOLLOWING VOTE: PASSED AND APPROVED, THIS THE DAY OF 19 47/ ATTy/EST: c., � (�" CITY SECRETARY NA OR CITY OF CORPUS G{RISTI, S AVED � DAY OF 19l G: CITY ATTORNEY PUBLISHER'S AFFIDA Ir STATE OF TEXAS, a: County of Nueces Is Before me, the undersigned, a Notary Public. this .H,ovena ... who being first duly sworn, IRV J,emM&; iw says that he is the .A .gp.9.jk us Chris U.t.j.ng of the Corp ti Caller and The Corpus Christi Times. Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of CITY MAN of which the annexed is a true copy, was published in ----- - - on the--11.- day of ....... . . 9.ay ...... . ..... s.--17-60 — --- --- . ............... . . ..... 2). �IQwena C.-*Ve'l' ... a-S qua Acoounting Subscribed and sworn to before me this day . . .... ....... ........ Eugenia S. Cortez Z- Public, Nueces County, Texas y NOTICE OF PASSAGE" +e` OF ORDINANCE NO. ':157 -_ Authorizing the city manager �p enter Into a 3 -year lase �abreement, with option to re- akw Ilor two - 1- Yaar-pwhadx with Nuacee County Mental 4{ Naalth- Mental Retardation Colrlmenity Cater, fW use of 1 facilities located at 123 Furman j Street for an atlult W10Y cee-I far program, a substantial copy d waW agreement, marked exhibit "A ", Is attached hereto and made a pert hereof. WAS PASSED AND APPROV- ED by the City Council of Cor- pus Christi during the Regular _ Council Meeting held on May 5, 1976 at 7:00 P.M. and provides that R Shell take effect from and ether its passage and pub^ "cation. ISSUED UNDER MY HAND AND SEAL of the City Of Car - pus Christi, Texas this 6th day of May, 1476. . -3-131110. Read BI LL O. READ, City Secretsry , City of Carpus Christi Texas f (SEAL) e � or