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HomeMy WebLinkAbout14465 ORD - 08/23/1978JKH:hb:7 /19/78 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE USE AND OCCUPANCY OF THE MEADOW PARK ANNEX BUILDING, LOCATED AT 442 MOHAWK STREET, FOR A PERIOD OF FIVE (5) YEARS, BEGINNING SEPTEMBER 1, 1978 AND TERMINATING AUGUST 31, 1983, ALL AS MORE FULLY SET FORTH IN THE 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 to enter into a renewal of the agreement with the Nueces County Community Action Agency for the use and occupancy of the Meadow Park Annex Building located at 442 Mohawk Street, for a period of five (5) years, beginning September 1, 1978 and terminating August 31, 1983, 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 ". 14465 THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: 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 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. 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 what- ever problems are encountered and further that Lessor is interested in the provision of such services to the people and further that the Lessor recognizes the need for such operation in the neighborhood to be served, no rental other than the obligations of the Lessee hereunder are required of the Lessee. II The term of this lease is five (5) years beginning September 1, 1978 and ending August 31, 1983. 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. III Lessor will maintain the grounds and the exterior of the buildings, including the roof, at the expense of the City. Lessor will also be respon- sible for the maintenance of the Senior Community Services wing, heating and air- conditioning units, restrooms, plumbing, and kitchen facilities. The maintenance of the remaining portion of the building shall be at the expense of Lessee. Said building maintenance responsibilities shall be as shown on �f+ the attached floor plan which is marked Exhibit "A" and incorporated herein the same as if written herein. Improvements to be made must have the written approval of the Director of the Park and Recreation Department. IV The Lessee hereby agrees to pay fifty (50 %) percent of all utility and electrical costs. The maximum amount the Lessee shall be • required to pay for utilities will be One Hundred and Twenty -five ($125) dollars for any one month. The contract will be reviewed each year to evaluate increasing utility costs. The Lessor shall have the option to cancel and renegotiate the contract at the end of each contract year. 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 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 governmental agencies applicable to said property and its use during the term of this lease at Lessee's sole expense and cost. • 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 maintain the premises according to its covenants herein, Lessor may perform such repairs and collect the cost thereof from Lessee. VIII Lessor retains the right at any time to forfeit any use of the described property and may cancel this permit upon sixty (60) days' written notice to Lessee. TX 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 X of this lease agreement. -2- x Lessee agrees that the City Senior Community Services program is authorized to operate in the south wing of the building a nutrition program and supportive services for older adults for the duration and until termination of this lease, Provided, however, that nothing herein shall be interpreted or construed as authorization for the City Senior Community Services program to deny reasonable and equitable use and access to said south wing except when in conflict with scheduled Senior Community Services activities. XI Lessor hereby agrees to provide all administrative and custodial services necessary in the administration of the Senior Community Services program. However, Lessee will provide custodial services for said wing upon completion of use as authorized in Article X above. XII Lessee agrees that the Coastal Bend Legal Services (Legal Aid Society of Nueces County, a previous lessee) is authorized to operate in conjunction with Lessee on said premises a legal services program for the duration of and until termination of this lease and said program shall have the same option for renewal as outlined for Lessee. XIII Lessee hereby agrees that all administrative duties necessary in the administration of the Coastal Bend Legal Services program shall be provided by that program. WHEREFORE WITNESS OUR HANDS, binding the respective parties this the day of ' , 1978, in duplicate each of which is considered an original. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney -3- By R. Marvin Townsend, City Manager LESSOR Director of Finance ATTEST: NUECES COUNTY COMMUNITY ACTION AGENCY By Executive Director LESSEE 10 iiiiiiiii ..• �•i•.O•i ❖.•ii tk . ❖: AREA TO BE I►9AIWTA/NEO Qfr THE cIrk AREA To BF :/r1AlNri9/NE0 L?Y THE COMMNIry #1CTION AGENCY MEADOW PARK ANNEX LEASF a!tePr OrricC 1 7LILY 1978 EX111a1rH That the foregoing ordinance was read for a fi st time and passed to its second reading on this the (c( day of , 197f , by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the foregoing ordinance yeas read for third reading on this the ,?.G day of following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the foregoing ordinan was read on this the ,23 day of Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt )- s - and time and pa ed to its 19;7 by the I/ 1 1 or the thir4 time and passed finally , 1 7,1 by the following vote: Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the 2.3 day of , 19 7/ . ATTEST: 7 MAYOR THE CITY O/ F co,6 111 •ISTI, TEXAS 'City Secretary ' APPROVED: DAY OF ,19 M): J. BRUCE AYCOCK, CIYY ATTORNEY By Assistaryi` /C) ty Attorney 11465 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tss: -- } ounty of Nueces. ,efore me, the undersigned, a Notary Public, this day personally came who being first duly sworn, according to law. says that he is the DIVINA PULLDO.: ��ACCOVNUNQ of the Corpus Christi Caller and The Corpus Christi Times, -1Jai1y Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of LEGALS: PUBLIC NOTICE NOTICE IS H ,EE8.X._ 00... T. fiA`...THE..LI.TY...iQ.UNGIL. of ■∎which the annexed is a true copy, was published in CALLER TIMES on the 31 day of JJ114r 197 $.., a 8t[dhX 3sxxx.xxxxxx it i x. W fellii -ftxXX 1 Times. �\ $ 18/ 20 Divina Pulido Accounting Subscribed and sworn to before me this 1 day of Au.guai 19.$.8 —• -- t Lois Winn �j(%/.vt��i✓ Notary Public, Nueces County, Texas 1 1 PUBLfC RIOTIC Notice Is hereby given the the City Council of the City of pus Christ) has, on the 26th def of July, )97e,_ approved, second reading, previous ap- proved on first reading the 19th day of July, 1978, an ordinance authorizing and directing the City Manager to enter into an agreement with the Nueces County Community Action Agency for the use nd occu- pancy of the M1ea Park An- nex Building, local at 442Mo- hawk Street, fora rod of five (5) years, beginning September 1, 1978 and terminating August 31, 1983. The full text of this ordi- nance is available to the public In the Office of the City Secre- Mary. WITNESS my hand this 27th day of July, 1978. a•Bill G. Read, City Secretary Corpus Christi, Texas PUBLISHER'S AFFIDAVIT STATE OF TEXAS, Clounty of Nueces. Before me,. thedersigned, a Notary Public, this day personally came - �Y�NA pu�Bp , who being first duly sworn, according to law, says that he is the ACCOUNTING 1 ). — n of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of LEGALS: PURLI ...Ii9TIG .I4QTTCE. ..LS. .. HEREBY ..- GTVRaI__... APERA. V. FII _- OPI..- R- IIIS�- ..F2FAl��PTG... TIMES -- - of which the annexed is a true copy, was published in CALLER ---- •- - - - - -- ------------ _...........- on 3§e day of r�s? -1 Y_.._ —___ 19. -_Z$. MtilxoliveYthstlta x thereatteaxfurx-x....------ MiMeittliAX _._ -.1 Times. $..- .1.6x.14 { Subscribed and sworn to before me this 2_-- -_ - - -- -day of Au &L - ISt 19..7E -__ Divina Pulido Accounting Iaois Winn Nueces Notary Puubb Nueces lic, N County, Texas PUBLIC NOTICE Notice Is hereby given that the City Council of the Ctty of Corpus Christi has on the 19th day of July, 1978, approved on first reading an ordinance au- thorizing and directing the City Manager to enter 'Moan agree- ment with the Nueces County Community Action Agency for the use and occupancy of the Meadow Park Anne,0 Building, located at 442 Mohawk Street, for a period of five (5) years, beginning September 1, 1978 and terminating August 31, 1983. he full text of this ordinance is vailable to the public In the Of. tice of the City Secretary. WITNESS my hand this 20th y of July, 1978. -s-Bill G. Read City Secretary Corpus Christi, Texas.