HomeMy WebLinkAbout020938 ORD - 06/26/1990AN ORDINANCE
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE
NUECES COUNTY COMMUNITY ACTION AGENCY (NCCAA) FOR THE
LEASE OF PROPERTIES; 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 a Lease Agreement with the Nueces County Community Action
Agency (NCCAA), for the lease of properties, all as more fully set
forth in the Lease 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\90052
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MICRO FILED
NUECES COUNTY COMMUNITY ACTION AGENCY
LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, the CITY OF CORPUS CHRISTI, TEXAS ("City") is the owner of
the following properties:
Real and personal property located at Lot 1, Block 9, Three Fountains
Unit #1, including two (2) buildings, and Lots 20, 21 & 22, Block 2
Booty and Allen and one building, both subdivisions of the City of
Corpus Christi; and
Personal property consisting of two (2) portable buildings located at
3750 South Port (La Armada); and four (4) portable buildings located
at 1402 West Point Road (Cliff Maus), collectively "Property"; and
WHEREAS, the Nueces County Community Action Agency (NCCAA), a Texas
nonprofit corporation (the "Lessee") desires to lease the Property.
NOW, THEREFORE, In consideration of the foregoing and the mutual
promises herein contained, the City and Lessee agree as follows:
I.
The City does hereby lease, let, and demise to Lessee the Property,
and all improvements located thereon for the consideration and such other
consideration as provided by this Lease Agreement of $382.00 per month due
and payable on the first working day of each month following execution of
this agreement.
II.
The term of this lease shall begin May 1, 1990 and continue until
September 1, 1997, subject to the provisions concerning termination as
stated herein.
Lessee shall operate the Improvements and the Property exclusively for
the following purposes, and uses incidental thereto: To operate Headstart
Program activities and provide a community room for the Neighborhood
Councils; to utilize the facility no less than 90% of the time for public
purposes and at all times in accordance with Housing and Urban
Development's (HUD) Community Development Block Grant (CDBG) regulations.
IV.
It is understood that Lessee will be responsible for furnishing and
equipping the building and that City has no obligation to furnish any
equipment or furnishings for the Lessee. All personal property furnished
by Lessee or donated by others in behalf of Lessee will remain the property
of Lessee unless specifically donated to City.
V.
Lessee will maintain, at its sole expense, the exterior and interior
of the building and any other improvements on the Property, all fixtures
connected therewith, all personal property thereon, exterior walks and
driveways, and all lawn, vegetation and landscaping. Maintenance shall be
of such quality as to maintain the Property in a first-class condition.
Lessee shall obtain, at its own expense, all building permits, all utility
services, garbage collection, janitorial services, and similar services.
VI.
Lessee agrees to keep and maintain, in a manner acceptable to the
City's 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 or HUD representatives at any
time within usual business hours, and to provide the City, ninety (90) days
after the end of fiscal year, with an annual report including, but not
limited to, a balance sheet and either an income statement or receipts and
disbursements for the preceding year prepared by a certified public
accountant.
VII.
Lessee shall fully indemnify, save and hold harmless the City, its
officers, employees, and agents against any and all liability, damage,
loss, claims, demands and actions of any nature whatsoever on account of
personal injuries (including, without limitation on the foregoing, premises
defects, workers' compensation and death claims), or property loss or
damage of any kind whatsoever, which arise out of or are in any manner
connected with, or are claimed to arise out of or be in any way connected
with, the performance by Lessee of its obligations under this Lease
Agreement or Lessee's use, operation or occupancy of the Property. Lessee
shall at its own expense investigate all such claims and demands, attend to
their settlement or other disposition, defend all actions based thereon and
pay all charges of attorneys and all other costs and expenses of any kind
arising from any such liability, damage, loss, claims, demands, and
actions.
VIII.
Lessee agrees that in operation of the Property and all programs
offered by Lessee at the Property it will promptly comply with and fulfill
all laws, ordinances, regulations and codes of Federal, State, County, City
and other governmental agencies applicable to the Property and all programs
offered by Lessee at the Property, and all ordinances or regulations
imposed by the City for the correction, prevention and abatement of
nuisances or code violations in or connected with the Property during the
term of this Lease Agreement, at Lessee's sole expense and cost.
No assent, express or implied, by the City to any breach of any of
Lessee's covenants, agreements, conditions or terms hereof shall be deemed
or taken to be a waiver of any succeeding breach of any covenant,
agreement, condition or term hereof.
X.
The City reserves the right to enter the Property at any reasonable
Linie during the existence of this Lease Agreement for the purpose of
Inspecting the same in order to deterrnlne whether the terms of this Lease
Agreement are being o'h erved carrlod old, including but not limited to,
both exterior and interior maintenance.
Lessee shall acquire and maintain the following insurance coverages
during the term of this Lease Agreement:
(a) general liability insurance covering all activities to be
conducted on the Property with a personal injury endorsement in
the minimum amount of $500,000 for each occurrence; $1,000,000
as aggregate liability and $100,000 for property damage arising
outof each accident, with the City as an additional insured;
such coverage shall not be cancelled, riot renewed or materially
changed without thirty (30) days prior written notice to the
City, directed to the City Manager. The City Manager shall
annually review and update such amounts and terms and coverages;
(b) workers' compensation insurance on all its employees as required
by state and federal law;
(c) property insurance in the amount of the full replacement value of
all buildings and improvements, insuring against all risks as
required by the City Manager, or his designee, such coverage
shall not be cancelled, not renewed or materially changed without
thirty (30) days prior written notice to the City, directed to
the City Manager.
Lessee shall provide City with certificates of insurance reflecting
all the above coverages, and shall, upon request by City, promptly provide
City with copies of all such insurance policies.
X[1.
Lessee shall notassign this Lease Agreement nor sublet the Property
or any part thereof without the prior written consent of the City. The
consent of the City shall not he unreasonably withheld.
XIII
Upon thirty days prior written notice to Lessee, the City may, at its
option, in addition to any other remedy or right hereunder or by law,
terminate this Lease Agreement upon occurrence of any of the following
conditions ("Defaults"), provided that Lessee has not cured the Default
prior to termination:
(1) Failure to operate the Property for the purposes set forth in
Paragraph III except during periods necessary for repairs or
renovation approved by the City in writing or except as otherwise
contemplated by this Lease Agreement.
(2) Failure to maintain building and improvements, and grounds.
(3) Intentional, knowing or fraudulent failure to maintain strict and
accurate books of account, or to furnish said books of account to the
City and/or HUD for inspection.
(4) Failure to abate any nuisance specified in writing by the City
within a reasonable time specified in writing by the City.
(5) Failure to have in effect policies of contractor's insurance,
general liability insurance, workers' compensation insurance and
property insurance as required by the City's Director of Risk
Management (or successor official).
(6) Lessee's assignment of this Lease Agreement or subletting of the
Leased Premises, or attempted assignment or subletting, without prior
written consent of City.
(7) Dissolution of Lessee as a nonprofit corporation.
(8) Abandonment of the Property.
(9) Failure of Lessee to correct any other breach in the performance
or observance of any other covenant or condition of this Lease
Agreement.
Upon termination of this Lease Agreement as hereinabove provided, or
pursuant to statute, or by summary proceedings or otherwise, the City may
enter forthwith and resume possession either by summary proceedings, or by
action at law or in equity or by force or otherwise, as the City may
determine, without being liable in trespass or for any damages. The
foregoing rights and remedies given to the City are, and shall be deemed to
be, cumulative of any other rights of the City under law, and the exercise
of one shall not be deemed to be an election, and the failure of the City
at any time to exercise any right or remedy shall not be deemed to operate
as a waiver of its right to exercise such right or remedy at any other or
future time.
XIV.
Upon expiration of this Lease Agreement, or upon termination thereof
for any reason, all buildings, improvements and fixtures placed on the
Property by Lessee shall become property of the City.
X.
No changes or modifications to this Lease Agreement shall be made, nor
any provision waived, unless in writing signed by a person authorized to
sign agreements on behalf of each party. This Lease Agreement supersedes
all previous agreements between the parties.
XVI.
Lessee agrees to pay the costs of newspaper publication of this
Agreement and related ordinance as required by the City Charter.
XVII.
Lessee shall have the right to terminate this Lease Agreement by
giving the City thirty (30) days prior written notice of the date of
termination.
SIGNED, this day of , 19
ATTEST: CITY OF CORPUS CHRISTI
By: By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED:
By:
day of
, 1990
Assistant City Attorney
Joe A. Martinez, Exec
LEASE.AGR
That the foregoing ordinance was read for the first time and passt :o
its second reading on this the day of
19 , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read for the secondtime and passed
to its third reading on this the a C day of ,
19(4() , by the following vote: Le�/'�
Betty N. Turner y , Edward A. Martin C�&-v
Cezar Galindo ai)72 Joe McComb
Leo Guerrero (147 i Clif Moss
Tom Hunt ail. Mary Rhodes
Frank Schwing, Jr.
That the foregoing ordinance was read for the third t and passed
finally on this the (,- day of _, 19 , by the
following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
)r.
it(
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr. (fit l'V
PASSED AND APPROVED, this the ._' i, day of T
ATTEST:
at—
City
City Sa
APPROVED:
DAY OF 195t:
HAL GEORGE, CITY ATTORNEY
BY , j �L ,F)� L 12 to 1 1 ra,tc
Assistant Cit Attorney
044
MAYOR /
THE CITY OF CORPUS CHRISTI
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