HomeMy WebLinkAbout14785 ORD - 02/28/1979JD:jkh:2-21-79;1st
$
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT TO CON-
TRACT, AND AN ELEVEN -MONTH LEASE AGREEMENT WITH THE
JOHNNY RODRIGUEZ LIFE ENRICHMENT CENTER, FOR A RECREATION
CENTER FOR THE HANDICAPPED, TO BE LOCATED IN A PORTION OF
GREENWOOD PARK, IN THE CITY OF CORPUS CHRISTI, TEXAS, A
SUBSTANTIAL COPY OF WHICH AGREEMENT TO CONTRACT AND LEASE
AGREEMENT ARE ATTACHED HERETO AS EXHIBITS "A" AND "B",
RESPECTIVELY; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager of the City of Corpus Christi is
hereby authorized and directed, for and on behalf of the City, to execute an
agreement to contract with the Johnny Rodriguez Life Enrichment Center, for
a recreation center for the handicapped to be built in Greenwood Park in
the City of Corpus Christi, Nueces County, Texas, by the Johnny Rodriguez
Life Enrichment Center, and donated to the City in accordance with the terms
of said agreement to contract, a substantial copy of which is attached hereto
as Exhibit "A".
SECTION 2. That the City Manager is hereby authorized and directed,
for and on behalf of the City, to execute a lease agreement, a substantial
copy of which is attached hereto as Exhibit "B", with the Johnny Rodriguez
Life Enrichment Center, for the recreation center for the handicapped, in
Greenwood Park, in the City of Corpus Christi, Nueces County, Texas, upon
its completion of construction, acceptance, and conveyance to the City, as
set forth in the agreement to contract (Exhibit "A") and in the preamble
to the lease agreement (Exhibit "B").
SECTION 3. The necessity to authorize execution of the aforesaid
agreement to contract and lease agreement at the earliest practicable date
creates a public emergency and an imperative public necessity requiring the
suspension of the Charter rule that no ordinance or resolution shall be
passed finally on the date of its introduction but that such ordinance or
resolution shall be read at three several meetings of the City Council, and
MICROFILMED
JUS Obi^°')
14785
the Mayor having declared such emergency and necessity to exist, and having
requested the suspension of the Charter rule and that this ordinance be passed
finally on the date of its introduction and take effect and be in full force
and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this
the o2f day of February, 1979.
ATTEST:
C. yetary _
APPRQVED:
.13/st DAY OF FEBRUARY, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CI
OF CORFU
RISTI, TEXAS
•
AGREEMENT TO CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This agreement is made and entered into this the day of
, 1979, by and between the City of Corpus Christi, a munici-
pal corporation, hereinafter called "City," and the Johnny Rodriguez Life
Enrichment Center, a private nonprofit Texas corporation, hereinafter called
"Center".
In consideration of the mutual covenants and agreements herein
contained and subject to the terms and conditions herein, it is mutually
agreed as follows:
The Center shall erect and construct a recreation center for the
handicapped on the site in Greenwood Park as set forth on the attached plat,
and such project shall be accomplished in the following manner and under
the following terms and conditions:
A. The Center shall have full responsibility for the preparation
of all plans and specifications for the recreation center, advertising of
bids, and supervision of the building construction. The plans and specifica-
tions shall include initial site work for and around the Center, including
but not limited to, grading, landscaping, driveways, sidewalks, parking lots
and curbs, etc.
B. All plans and specifications for the recreation center and
initial site work and any changes thereto must be approved by the City
Council prior to the construction of such project.
C. This project and the construction thereof must fully comply with
all federal, state and local laws, ordinances, rules and regulations. All
City permits will be required; however, permit fees shall be waived by the
City.
D. Acceptance of the building and initial site work from the
contractor when completed may only be accomplished jointly by the Center and
the City. Acceptance by the City shall be accomplished through the joint
agreement of the City Directors of Engineering and Physical Development and
Operations and Inspections.
-42,/!,,a 'a 4
•
E. The cost of construction, including initial site work, and
all construction staking, inspection, laboratory services, architects' fees,
and other pre -acceptance related fees shall be borne entirely by the Center.
It is understood that the City does not assume and will not in any way be
responsible for any of the financial obligations incurred or created by the
Center in connection with the construction and erection of the recreation
center. The Center shall indemnify and hold harmless the City from any
and all charges, claims or liability of any nature whatsoever arising out of
this agreement or the actual erection and construction of the said recreation
center project.
F. Said project may be accomplished in one or several phases as
set forth in the plans and specifications; provided, however, that the first
such phase must include some portion of the project which is to actually
function as a recreation facility for the handicapped.
G. Upon completion of the construction and acceptance of the
building as set forth above, the Center shall donate such building to the
City in the interest of providing a recreation center for the citizens of
the Corpus Christi area and primarily for the area's multi -handicapped
citizens.
II
To assure that said facility is utilized and operated as a recrea-
tion center for the handicapped, the parties agree that upon completion of
construction and acceptance of the building, the City will accept conveyance
of the building and the parties shall thereupon enter into a lease, with
the City as lessor and the Center as lessee.
EXECUTED this the day of , 1979, in duplicate,
each of which shall be considered an original.
ATTEST:
Secretary
ATTEST:
JOHNNY RODRIGUEZ LIFE ENRICHMENT CENTER
By
CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney Director of Finance
HARD CCWR
SURFACE
GREENWOOD DRIVE
\
HUDSON ST.
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
i
WHEREAS, the Johnny Rodriguez Life Enrichment Center, Inc., a
nonprofit Texas corporation, hereinafter called "Center",and the City of
Corpus Christi, Texas, hereinafter called "City", did enter into an agreement
on , 1979, for the construction of a recreation center
for the handicapped in Greenwood Park; and
WHEREAS, a condition of said agreement was that the Center would
donate such recreation center to the City of Corpus Christi after completion
of construction; and
WHEREAS, said Center, having accepted the new recreation center
building as complete and in compliance with the plans and specifications, has
conveyed the recreation center unto the City, and City has accepted conveyance
of the recreation center; and
WHEREAS, said agreement further provides that after acceptance of
the recreation center, City will enter into a lease with Center regarding the
management, operation and maintenance of the recreation center:
NOW, THEREFORE, City does hereby lease and let said recreation
center unto the Center for the period of time and under the terms hereinafter
set forth, to -wit:
1. This lease covers the recreation center building located on
approximately two acres in the northeast portion of Greenwood Park, adjacent
to the intersection of Greenwood Drive and Hudson Street, in the City of
Corpus Christi, Nueces County, Texas, together with the use of accessory
driveways, walkways and parking areas, all as indicated on the attached plat,
together with the fixtures therein.
2. The term of this lease shall be for eleven (11)
continuous calendar months , beginning on the day of
1979, subject to the provisions concerning termination as stated herein.
3. It is understood that the Center will be responsible for
furnishing and equipping the building and that City has no obligation to
furnish any equipment or furnishings for the recreation center. Equipment,
•
including fixtures, furnished by Center or donated by others in behalf of
Center, will remain the property of Center unless specifically donated to
City.
4. The responsibility for the maintenance and operation of the
recreation center will be and remain with the Center.
5. Center shall pay all operating expenses in connection with
its use and the use of the recreation center by others and shall receive all
rents and revenues from said operations.
A. Center shall have the right to rent the recreation center
to sponsors for other uses, which are generally public in nature.
B. Center shall have the right to charge rental fees for the
use of the recreation center, and in addition thereto, to charge actual
unusual out-of-pocket costs incurred by the Center through use by others.
6. Center, at its own expense, at or before the execution and
subject to all provisions of this agreement, shall furnish all of the insurance
required under this section, Such policies shall be delivered to and held by the
City Secretary. City shall be an additional named insured by the terms of
each policy. Each insurance policy shall contain a provision that it cannot
be cancelled unless thirty (30) days' notice of cancellation shall first have
been served upon the City Secretary. The Center, at its sole expense,
shall take out and maintain during the life of this agreement:
A. Workers' Compensation Insurance covering all employees
engaged in any work at the lease site.
B. $(estimated value of building) dollars, fire, extended
coverage, vandalism and malicious mischief on the building and demised premises.
C. $(estimated value of contents) dollars, fire, extended
coverage, vandalism and malicious mischief on the contents of the building.
D. Public liability insurance not less than $100,000 for
bodily injury or death to any one person, $500,000 for bodily injury or
death for any one occurrence, and $25,000 for a claim of property damage.
7. Center agrees to provide all building and equipment maintenance
and janitorial service. City will provide maintenance of grounds, walkways,
parking areas and driveways. The plans and specifications shall include
-2-
•
initial site work for and around the center, including but not limited to,
grading, landscaping, driveways, sidewalks, parking lots and curbs, etc.
8. Center shall have the right to provide telephone service, and
Center agrees to bear the cost of such service.
9. Center agrees that alterations, additions or improvements to
the recreation center building shall be made only after written approval is
granted by the City Manager.
10. Center agrees to keep and maintain, in a manner acceptable to
the City Director of Finance, adequate books and records showing all receipts
and disbursements, which shall be available for examination by the Director of
Finance or his designated representative at any time, and to provide City
with an annual report including, but not limited to, a balance sheet and a
complete statement of receipts and disbursements for the preceding year
prepared by a certified public accountant.
11. Center shall have the right to provide concession activities.
Prices of items to be sold shall not exceed prices charged for similar
services under similar conditions elsewhere in the City.
12. Center shall comply with all federal, state and local laws,
ordinances, rules and/or regulations,as amended, including, but not limited.
to, Chapter 13 of the City of Corpus Christi Code of Ordinances.
13. Water, natural gas, sanitary sewer and garbage collection services
and any other utilities will be procured and paid by Center.
14. Center shall be responsible for the fair and just treatment
of all its employees. Center warrants that it is and will continue to be an
equal opportunity employer and hereby covenants that no employee or client
shall be discriminated against because of race, creed, color or national
origin. Violation of this provision shall be cause for immediate termina-
tion of this lease by the City.
15. No changes or modifications to the lease shall be made, nor any
provision waived, unless in writing signed by a person authorized to sign
agreements on behalf of each party.
16. Center shall indemnify and hold harmless the City from and
against all claims, demands, causes of action, costs, attorneys' fees, or
liabilities of any nature whatsoever arising out of this agreement, the Center's
use and occupancy of the demised premises (including conditions arising
-3-
• ' + / K •
therefrom), whether such use is authorized or not, or from any act or omission
of Center, or its officers, agents, employees, guests, clients or invitees.
17. The breach of any of the conditions hereof by Center, or the ,
dissolution of said corporation, shall terminate this agreement and subject
the same to cancellation by City upon written notice.
18. City shall have the right to enter upon the demised premises
at reasonable hours to ensure that the recreation center building and
facilities are adequately maintained and that the Center is in full compliance
with this lease. Center's failure to adequately maintain the recreation
center building or facilities shall be cause for termination of this
lease by City.
WITNESS THE HANDS of the duly authorized officers of the parties
hereto, this day of , 1979.
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED: 1
DAY OF FEBRUARY, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
ATTEST: JOHNNY RODRIGUEZ LIFE ENRICHMENT CENTER
Secretary
By
GREENWOOD
DRIVE
0
trl
0
r
•
Corpus Christi, T x s
..2/ day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance,.
a public emergency and imperative necessity exist for the suspension of the
Charter rule or requirement that no ordinance or resolution shall be passed
finally on the date it is introduced, and that such ordinance or resolution
shall be read at three meetings of the City Council; I, therefore, request
that you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
•
19 79
Respectfully,
MAYOR
THE CI OF CO
The Charter rule was suspended by he following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
he following vote:
14785
ISTI, TEXAS
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, L.
County of Nueces.•
Before me, the undersigned, a Notary Public, this day personally came. .......
CM SMOLINSIiI who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK 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
PUBLIC NOTICE TO EXECUTE AND AMENDING THE ORIGINAL LEASE TERM OF ELEVEN MONTHS TO TERM OF FI
of which the annexed is a tree copy, was published in CALLER AND TIMES
on the 26 day of FEB 19 79 , and once each.DI .___.._thereafter
consecutive_ l
Day
Times.
$___ 19.60
Subscribed and sworn to before me this
79
. 19..._
otary Public, Nueces Conn exas
WW Glenn
PUBLIC NOTICE
Notice is hereby given that '
the City Council of the City cf
Corpus Christi has, on Ihr C{st
day at February, 1979 approved
on firsi thoriring the City Manager, for 1
and on behe't of the i:ity, to exe-
j ate an amended lease agree-
ment, extending litre original I
lease term of eleven (11)
months to a term of five (S)
1 I
years, with the Johnny Rodri-
guez Life Enrichment Center,
• for a recreation center for the)
handicapped In Greenwood
Park, upon completion of con-
strue-Hon, acceptance, and con-
veyance of the recreation center
to the City, The fug text of this
ordinance Is avallab'e to the
• public In the Office of the Cly
Secretary.
WITNESS my hand this 23rd
1 day of February, 1979,
-s-Bill G. Read,
City Secretary
Corpus Christi, Texas
'STAOF TEXAS, 48:
County of Nueces. f
PUBLISHER'S AFFIDAVIT
Before me, the undersigned, a Notary Public, this day personally came.
CM SMOLINSRI who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK _ .,_ 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
NOTICE IS HEREBY..19 EXECUTE AND AMENDED LEASE AGREEMENT, EXTENDING THE ORIGINAL LEASE TERM
of which the annexed is a true copy, was published in
CALER AND TIMES
on the 5 day of_._ ____ . _ _.19__...; Ld once eack
consecutive. —Da.-
189/00
30 S u r SRI MAR 79'
Subscribed and sworn to before me this_—_____day of—
Day thereafter for 1
Notary Pub Nueces County, Texas
PUaLIC NOTICE 1
LN
C:' !s hereby ylven than
, Councl; of the C!ty 09
Srpu: Christi has, on the 79151
ly at Fchrua, y. 1579 approved
p Second reading, previously
oved on first reading on the
st day of February, 1979, an
dinance euthoi !zing the City
danger, for an on behalf of the
Ity, to execute an amended
ease agreement extending the
rigInal lease term of eleven
(11) months to a term of five (5)
Years, with the Johnny Rodri-
guez Life Enrichment Center,
for a recreation center for the
handicapped In Greenwood
Park, upon completion of con-
tructlon, acceptance, and con-
veyance of the recreation center
to the, City, The full text of this
ordinance Is aSallhble to th
Public n the Office of the CI
Secrefa_ry,
WITNt°S5 my hand this 1s
_ Y of Marth, 1979.
f