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Home My WebLink About020933 ORD - 06/12/1990AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. FOR THE USE OF THE GARDEN CENTER BUILDING FOR EDUCATIONAL AND RECREATIONAL PURPOSES; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an agreement with the Corpus Christi Council of Garden Clubs, Inc., for the use of the Garden Center Building for educational and recreational purposes, 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. SECTION 2. Publication shall be made in the official publication of the City Corpus Christi as required by the City Charter of the City of Corpus Christi. \ORD-RES\90049 MICROFILMED COUNCIL OF GARDEN CLUB AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES %90) WHEREAS, on November 21, 1963, City of Corpus Christi, hereinafter called "City", and the Corpus Christi Council of Garden Clubs, Inc., herein- after 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, 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 utili- ties comparable to the level of such service provided for similar activities at other City recreation centers; and WHEREAS, the Council of Garden Clubs desires to lease said Garden Club Building for a five-year term, commencing on August 13, 1990, and terminating on August 12, 1995, and the City is agreeable to said five-year lease. The lease premises shall consist of the Garden Club Building, situated in Corpus Christi Nature Center Park at 5325 Greely Drive, Corpus Christi, Nueces County, Texas. Hereinafter referred to as "Garden Club Building" or "Building". NOW THEREFORE, the parties agree as follows: 1. The City shall be responsible for all maintenance, utilities and janitorial service at the Garden Club Building. 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. 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 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. The City Recreation Division of the City will have full responsi- bility 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. The Council of Garden Clubs and Park Division of the City will jointly coordinate the landscaping for the grounds around the Garden Club Building. Maintenance and care of such gardens will be then responsibility of Council of Garden Clubs, unless approved otherwise by the Park Division. 16grdclub.agr (4/90) . The `-smell of Carder: labs may add to the Garden Club Building at _omer_i:_ure date provided the o1ans and specifications are first approved by .he fark and Pecreat icn Gemmittee of the . and by the City Council. Tie Coir of Garden t m abs ccr any nf its individual member garden dubs will make reservations for the use of the Garden Club Building through -he Recreation Division of the City in the manner as all other organizations, a: rept the council of Carden stubs any memner club shall have first prior- ity for any date when their reservation has been made 90 days prior to the date concerned. The Council of Garden Clubs, or any member club, may reserve a date within the 90 -day period of the date, if it is still availabie for reservation. Such organizations may designate regular meeting dates which snail, if regularly used, continue in effect until changed by the Council of Warden Clubs. 7. The Council of Garden Clubs will for the term of this agreement _Arty comprehensive general tiabilit, ir.s r nce in the amount of $100,000 per person for bodily injury or death, $309,000 Dor occurrence for bodily injury or death, and $50,000 for property damage to cover activities of the Council ^1 Carden Clubs, or its memer clubs, in the ase of the Garden Club Building, and the City shall be an additional named insured. The Council of Garden 01 .hs shall indemnify and hold the City, its officers, employees, and agents harmless for all claims arising out of such activities or use of the Garden ..hiding. City agrees to replace or repair the Building in the event of damage to it by fire, windstorm, hail. and/or vandalism, to the extent of proceeds from Insurance coverage, if any; cr ro the extent value of the ett_ldne or damage tc the Building, whichever- is the Sesser, the value cif the _ultdiag being determined as of the date of the damage. The _plowing rooms ;n the Garden _..ui Building - 1) combination Library and workroom, (7) ,aarebou se%sturage room, (3) :malt storage cabinet areas in kitchen and (4) Gaeta Loeb Room tdloining Library - will be assigned to the exclusive use of the Council of Carden Clubs and its merrier clubs, except that the Library will 'o; open to rhr public for reference purposes on specified days and hours. These areas will be clearly designated and will be �hni ted to the area so approved. Any chance in the designation of exclusive area- .ci li require the approyai B both the Bitty Council and Council of Garden C ubs. 9. The Council of Garden Clubs sill nave primary responsibility for furnishing and equipping the Building and the City has no obligation to furnish any equipment or furnishings for the Carden Club Building. Equipment and hern i shi nqs provided by the Council 0f Garden Clubs will remain the property of said Councilunless specifically donated to the City. All equip- ment and furnishir,is placed in the areas open to the public shall be available cse by the public. 10. The Council of Garden Clubs shall have the right of ingress and egress to that portion of the Building assigned to its exclusive use. __. -his Agreement cntains all ine provisions agreed upon by the uarties hereto and replaces all previous verbal or oral agreements. This Agreement shall be construes as an Agreement concerning a gift to the City, and all,of the improvements constructed thereon shall be the property of the 1r,yIrdcIub.agr 1/90) the (-.irt ear me _uns et `his Agreement, concerning the right of improvements al .:i parrs thereof, shall be construed to be a lease of the U9epcl conlitlons during the term hereof by the Cardwn uhs or the dis s._;Lct.l on of said corporation, shall termin- ge this Agreement and subject the same to cancellation by the City upon notice, by certified mail, addressed to the Council of Garden Clubs, :325 0reeiv Drive, C; inns rlhrist i, Texas. EXECUTED IN DUPL-_CJtTE, each of wit_ ch shall be considered an original, the lay of RTTRST : CITY OF CORPUS CHRISTI _.raando Snapa, City Secretary Juai: Garza, City Manager bvRDVED: DAY OF LA' :L'.ORGE, CITY ATTORNEY , _930 isrant: City Attorney iblydclub. ag.r CORPUS CHRISTI COUNCIL OF GARDEN CLUBS INC. That the foregoing ordinance was read for the first time and pass,. to its second reading on this the day of fl,,1("")„ 19 t , by the following vote: Betty N. Turner L (, Edward A. Martin Cezar Galindo (try Leo Guerrero ((G., Tom Hunt Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. Li That the foregoing ordinance was read for the second time and passed to its third reading on this the p) day of ri'�i , 19(77 , by the following vote: ./ f Betty N. Turner ( Edward A. Martin /-'7-'� Cezar Galindo (0G--(, Joe McComb (12R, Leo Guerrero % 'P,r - Clif Moss �- --; Tom Hunt (,ti-* Mary Rhodes (,27. Frank Schwing, Jr. Cl✓%/ 4: _2 That the foregoing ordinance was finally on this the 7271/ day of following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt read for the third time and passed U:`ir , 19 5'r7 , by the Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 7� PASSED AND APPROVED, this the /`2' day of ATTEST: /lv Cify Secretary APPROVED: :In DAY OF .410- n HAL GEORGE, CITY ATTORNEY BY , 'Li.lv1 . y i..f.(a k,•' ffs Assistant City Attorney 044 , 19 UK(' , 19 �� . LLc� t f� C Z `CL MAYOR THE CITY OF CORPUS CHRISTI NO -. 7 H• .--'' ' m L. L-1 •.,, ••• - EL a • • 11, 'Li I 1:3) 131 -1-• 1.11 rr• ,E7 kt• • ;ill :1 2 13" :...„ ,-i ,,• !-[.! _ --' --h. ..„ - fr-- 2 I! DI it! 1.11 111 -1-! r -i -• 0 •1 -1 in 1:1"i -• P. ±„!-- n !TJ — _lrn1-i• r• ri1 1-1 -• LV LHh - 0 IC) F4:H InH- b1 L1i_t2 „ 2 1 3:c ' - a, -t H Hil ,r, • 7> '---. III 17 .- .t. •,- Di 0 If,I-I Cri r-1 r,,,i 7 1--1 1.11 CT 1-h t.: CO • - in -', o z• 77 ,11QL-114:ftl l'' -,7. .Th TE ! ! 7 !-• I; rh T _ r_, — r:7 r t! rt r ! n " Fp -r 'CI Pj 1-1 0 . -- 1---1 Lli '3 11! 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