HomeMy WebLinkAbout13432 ORD - 10/06/1976JKH:vp:8 /30/76:lst
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN AMENDED AGREEMENT LEASING THE SPACE, BUILDINGS AND
FIXTURES AT 902 PARK AVENUE IN,SOUTH BLUFF PARK TO THE
ART COMMUNITY CENTER, IN ACCORDANCE WITH THE TERMS AND.
CONDITIONS OF SAID AGREEMENT, A SUBSTANTIAL COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,:MARKED
EXHIBIT "A ".
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 execute an
agreement leasing the space, buildings and fixtures at 902 Park Avenue in
South Bluff Park to the Art Community Center, in accordance with the terms
and conditions of said agreement, a substantial copy of which is attached
hereto and made a part hereof, marked Exhibit "A ". This lease is in lieu of
and replaces that lease agreement authorized by Ordinance No. 10923, approved
by the City Council on June 21, 1972.
1
MI CROFII
R X01980
13432`
THE STATE OF TEXAS j
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES I
WHEREAS, the City of Corpus Christi, hereinafter called Lessor, is
the owner of certain space, buildings and fixtures known as the Art Community
Center in South Bluff Park at 902 Park Avenue; and
WHEREAS, the Art Community Center has moved to the site and made
improvements and donated said buildings to the City; and
WHEREAS, the Art Community Center, hereinafter called Lessee, a
nonprofit organization, desires the continued use of said buildings for the
purposes herein expressed; and
WHEREAS, the Lessor agrees and authorizes the use of said buildings
by the Lessee for a period of five (5) years, the effective date being the
date on which this agreement is signed and extending for a period of five (5)
years therefrom.
NOW, THEREFORE, in consideration of the premises and for and in
consideration of the charges, fees, rental covenants, and agreements contained
herein, the parties hereto do hereby agree on the following:
ARTICLE I
The parties mutually agree that the term of this lease be for a
period of five (5) years, the effective date being the date on which this
agreement is signed, and that this lease amends and supercedes that lease
dated June 26, 1972, between the parties.
ARTICLE II
In consideration of the use and occupancy of said buildings, Lessee
agrees and covenants to pay the sum of One Dollar ($1.00) annually, in advance,
to the Lessor.
ARTICLE III
Lessee agrees to keep the Museum open six days per week consistent
with the City's leisure service programs.
ARTICLE IV
Lessee agrees to provide one regular employee, in addition to any
volunteer employees provided, to help in the operation of the Museum.
ARTICLE V
Lessor agrees to provide cleaning supplies and restroom supplies
as normally required to serve the general public.
ARTICLE VI
Lessor agrees that the City Park and Recreation Department will
maintain the exterior of the buildings and grounds as customary in public
places and further agrees that said department will paint the interior of
the buildings as required to meet the level of service of other public buildings.
ARTICLE VII
Lessor agrees that the Park and Recreation Department will pay all
utility bills with the exception of telephone service.
ARTICLE VIII
Lessor agrees that no admission charges will be levied on the general
public attending events presented by the Art Community Center.
ARTICLE IX
Lessor agrees that membership in the Art Community Center will be
open to all citizens who have an active interest in art.
ARTICLE X
Lessee agrees to use the hereinbefore described buildings for meetings,
annual shows, workshops, lectures, art classes, and to provide a place for
winter tourists to paint while visiting Corpus Christi.
ARTICLE XI
Lessor reserves the right to cancel or terminate this lease for any
reason upon (90) days written notice.
ARTICLE XII
Lessee agrees to relieve the Lessor of any blame for damage to
painting and sculpture work belonging to Lessee.
ARTICLE XIII
Lessee agrees that none of its agents shall be considered as employees
of the Lessor and the Lessor shall not be liable in any way for any injury
sustained to the person of these agents.
ARTICLE XIV
Lessee further agrees that Lessor shall not be liable for any loss
of property of Lessee or of the agents thereof which might occur.
-2-
ARTICLE XV
Lessee agrees to indemnify and hold harmless Lessor from any
liability and /or claims arising out of the operation of this lease, except
as to the proceeds of any insurance provided by Lessor as required in
Article XVI below.
ARTICLE XVI
- Lessor shall provide fire and extended coverage insurance on the
buildings and fixtures but excluding any art work, paintings, sculptures,
and supplies and related materials. Lessor shall also include the property
leased herein under its liability insurance coverage in the same manner and
amount as is provided for other public access City -owned buildings.
EXECUTED IN DUPLICATE, each of which shall be considered an original,
this day of , 1976•
ATTEST: CITY -OF CORPUS CHRISTI, TEXAS
By
City Secretary R. Marvin Townsen
City Manager
APPROVED:
DAY OF 1976:
J. BRUCE AYCOCK, City Attorney
By
Assistant City Attorney
ART COMMUNITY CENTER
By
THAT THE FOREGOING ORDINANCE WAS READ FOlf, THE FIRST TIME D A PASSED
TO ITS SECOND READING ON THIS THE./,,--d- OF 19_1 BY THE
FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING OR DI NC WAS READ OR HE S COND TIME AN PASSED
TO ITS THIRD READING ON THIS THE _DAY O , 19B BY THE
FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L.-SAMPLE
THAT THE FOR GO NG ORDI
FINALLY ON THIS THE DAY O
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
I
iE RD TIME AND PASSED
19� BY THE FOLLOWING VOTE:
EDWARD L. SAMPLE _ /
PASSED AND APPROVED, THIS THEDAY of 197
ATTEST:
,(�
CITY SECRETARY
AP VED:
DAY OF &"1.., 19i--
. n
ETTEITY ATTORNEY
MAY THE CITY OF CORPUS CHRISTI, TEXAS