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Home My WebLink About15582 ORD - 06/11/1980• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE CONTRACT AND LEASE AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. FOR THE USE OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS CHRISTI NATURE CENTER PARK, ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. WHEREAS, by Ordinance No. 7085, passed and approved by the City Council on November 20, 1963, and amended by Ordinance 7543, passed by the City Council on April 7, 1965, the City of Corpus Christi entered into an agreement with the Corpus Christi Council of Garden Clubs, Inc., to construct a building and lease the same to the said Corpus Christi Council of Garden Clubs, Inc. for a term of five years; and WHEREAS, the City and the Council of Garden Clubs desire to extend the agreements hereinabove described, and as extended by Ordinance No. 9756 and Ordinance No. 12671 May 28, 1975: NOW, THEREFORE, 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 extend the contract and lease agreement with the Corpus Christi Council of Garden Clubs, Inc. for the use by the Council of Garden Clubs of the Garden Club Building situated in Corpus Christi Nature Center Park, adjacent to Greely Drive, in the City of Corpus Christi, Nueces County, Texas, for a term of five years, commencing on June 11, 1980 and terminating on June 10, 1985 as more fully set forth in the agreement between the parties, a copy of which is attached hereto and made a part hereof. 15582 MICROFILMED AUG 29MOO • T -IE STATE GF TEXAS COUNTY OF NUECES WHEREAS, on November 21, 1963, City of Corpus Christi, hereinafter called. "City", and the Corpus Christi Council of Garden Clubs, Inc., hereinafter called "Council of Garden Clubs", entered into a contract which provided for the construc- tion of a Garden Club building by Council of Garden Clubs, situated in the Corpus Christi Nature Center Park, adjacent to Greely Drive, in the City of 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 utilities comparable to the level of such service provided for similar activities at other City recreation centers; and WHEREAS, the City and the Council of Garden Clubs amended the above men- tioned contract and lease so as to provide an air conditioned building with the air conditioning to be installed by the City and the Council of Garden Clubs to reimburse the City for the cost of air conditioning if the City would assume the operating and maintenance costs; and WHEREAS, the said building construction has been completed and the City reimbursed for the cost of installation of air conditioning; and WHEREAS, the Council of Garden Clubs desires to lease said Garden Club building for a five-year term, commencing on June 11, 1980 and terminating on June 10, 1985, and the City is agreeable to said five-year lease: NOW, THEREFORE, WITNESSETH: 1. The City shall be liable for all maintenance, utilities and janitorial service. 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. It is understood that 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. It is further undarstood 5y and between the parties that the City Rec- reation Division of the City will have full responsibility 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. It is further agreed by and between the parties that the Council of Garden Clubs and Park Division of the City will jointly plan the landscaping for the grounds around the Garden Club building. The Park Division will be responsible for installation and maintenance of grass. If Council of Garden Clubs desire further landscaping or garden areas, the installation, maintenance and care of such gardens will be the responsibility of Council of Garden Clubs. - 5. It is further agreed that in the event the Council of Garden Clubs de- sires to add to the Garden Club building at some future date that this permission will be granted with the understanding that the plans and specifications must first be approved by the Park and Recreation Board of the City and by the City Council. 6. It is further understood between the parties that the Council of Garden Clubs or any of its individual member garden clubs will make reservations for the use of the Garden Club building through the Recreation Division of the City in the manner as all other organizations except that the Council of Garden Clubs, or any member club, shall have first priority for any date, except that their reservation must be made 60 days prior to the date concerned. Such organizations may designate regular meeting dates which shall, if regularly used, continue in effect until changed by the Council of Garden Clubs. 7.. It is further understood and agreed by and between the parties that Council of Garden Clubs will carry a minimum of $10,000 and $20,000 public liability insurance to cover activities sponsored by the Council of Garden Clubs, or its member clubs, in the use of the premises for the purpose of indemnifying the City in the event of suit against it in connection with such activities. City agrees to replace or re- pair the premises in the event of damage to the facilities by fire, windstorm, hail, and/or vandalism, to the extent of the proceeds from insurance coverage, if any; or to the extent of the value of the building or damage to the building, whichever is the lesser, the value of the building being determined as of the date of the damage. 8. It is further agreed by and between the parties that the following rooms in the Garden Club Building, (1) combination Library and Workroom, (2) warehouse -2- . • • storage room, (3) small storage cabinet area in Kitchen and (4) Saera Loeb Room ad- joining Library, will be assigned without charge to the Council of Garden Clubs and its clubs for their exclusive use, except that the Library will be open to the public for reference purposes on specified days and hours. These areas will be clearly de- signated on the plans to be approved by the Park Board and the City Council and will be limited to the area so approved. Any change in the designation of exclusive use areas will require the approval of both the City Council and the Council of Garden Clubs. 9. It is further understood that the Council of Garden Clubs will have primary responsibility for furnishing and equipping the building and that the City has no obligation to furnish any equipment or furnishings for the Garden Club build- ing. Equipment furnished by the Council of Garden Clubs will remain the property of said Council unless specifically donated to the City. All equipment and furnishings placed in the areas open to the public shall be available for use by the public. 10. It is further understood that the Council of Garden Clubs shall have the right of ingress and egress to that portion of the building assigned primarily to it. 11. This contract contains all the provisions agreed upon by the parties hereto and displaces all previous verbal or oral agreements. This contract shall be construed as a contract concerning a gift to the City, and all of the improvements constructed thereon shall be the property of the City, and the further provisions of this agreement, concerning the right of use of improvements or parts thereof, shall be construed to be a lease of the same. 12. Breach of any of the conditions hereof by the Council of Garden Clubs or the dissolution of said corporation, shall terminate this agreement and subject the same to cancellation by the City upon written notice, by certified mail, addressed to the Council of Garden Clubs, Inc., 5325 Greely Drive, Corpus Christi, Texas. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of May, 1980. ATTEST: City Secretary APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Secretary , 1980: CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager CORPUS CHRISTI COUNCIL OF GARDEN CLUBS,INC. By President That the foregoing ordinance w44 read for e first time an.4 passed to its second reading on this the ,Z day of 190 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for a second time a passed to its third reading on this the day of , 19 yD , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky That the foregoing ordinan was read for the herd time and passed finally on this the /1 day of , 1910 , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the // day of ATTEST: • Citec5 retary MAYOR ?m -w" THE CITY 0CORPU• CHRISTI, TEXAS APPR D: DAY OF C , 19 J : J. BRUCE AYCOCK, CITY ATTORNEY 15582 1 STPfiTE OF TEXAS, County of Nueces. }ss: PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally Elms Rode la _ __, 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 Notice is hereby given that the CityCounci1 of the City of Cornus Christi.... of which the annexed is a true copy, was published in _ The Corpus ChristiCaller-Tres on the 10th day of_ _. 19 80 and once each consecutive..._.. ...... -.............. _... _-..._ ... _.. _. J ..... . Times. $ 29.26 Subscribed and sworn to before me this 11th day of Elma Rod eI Accounting C 1ss�� erk Juno 19.. 80 Lois Winn/ Notary Public., Nueces County, Texas PUBLIC NOTICE Notice is herettr given that ...the Clty Counc of the City 01 Corpus Christi, .in the 78th' day of May, 191J, approved on first reading, an ordl- nance authorizing and dl- recting the Clty Manager t0 extend the contract and lease agreement with the Corpus Christi Council of Garden Cubs, Inc. for the use of the Garden Club Build- ing situated In Corpus Christi. nature center park, adIaca..t to Greely Drive, In the City of Corous Christi, Nueces County, Texas, for a term of live -years under the terms and conditions as set forth In the agreement, In sub- stantially the form attached hereto, marked exhibit "A", nd made a part hereof. The full text of the ordl- ance Is available at the Clty. crelary's Office. GIVEN UNDER THIS. AND AND SEAL OF the Ity of Corpus Christi, Texas his 29th day of May, 1910. -s•BIII G. Read, City Secretary City of Corpus Christi, Texas V PUBLISHER'S AFFIDAVIT • ,STATE OF TEXAS, County of Nueces. las : Before me, the undersigned, a Notary Public, this day personally came. Elma Rodela , who being first duly sworn, according to law, says that h is the Corpus Christi Arcounti� Clerk of the Corpus Christi Caller and The es, Daily !Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of PUBLIC NOTICE Notice i,s.hereby Riven that the City of Corpus Council of the City of ... of which the annexed is a true copy, was published in — The Corpus Christi Caller -Times on the 2nd day of.... Juste 19_$g.., and once each consecutive 1 Times. • .,. - (i /1 25.41 _ Rime Rode]. ...__._. _� ._. Accounting 'lerk Subscribed and sworn to before me this_._... 11t11__.day of June 1880 • J SS7 Z _ LoisWinn QG �iys�✓ Notary Pub 'c, Nueces County, Texas PUBLIC NOTICE Notice Is 11' reby given that the City Cour,cn of the City of Corpus Christi, on the 4111 day 1980, ao,roved on seconcl .ea1Ing, having • previously appy oved on ilrst reading on the Toth day of May, 1980, an ordinance au- theiizing and 1ArectIng the City Manager to extend the contract and lease agree- ment with the Corpus Christi Council of .Garden Clubs, Inc. for the Use of the Garden Club Building situated In Corpus Christi nature center park, edlacent to Greely DrIva, In the City of Corpus Christi, Nueces County, Texas, for , a term of five years, under the terms end conditions as set forth In the agreement In substantially the form attached hereto, marked exhibit "A", and meds -a part hereof. The full text cif the ordi- nance Is available at the City Secretary's Office. GIVEN UNDER THIS HAND AND SEAL of the City of Corpus Christi, Texas this 5tg day of June, 1980. N. 441111 G. Read, City Secretary City of Corpus Chrlstl, Texas