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Home My WebLink About16891 ORD - 02/24/19821st;2-8-82;1w AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, LEASING THE BUILDINGS AND FIXTURES AT 902 PARK AVENUE IN SOUTH BLUFF PARK TO THE ART COMMUNITY CENTER FOR A TERM OF FIVE YEARS IN EXCHANGE FOR PROVIDING VARIOUS ART -RELATED EVENTS AS SET FORTH IN THE LEASE 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 to execute an agreement leasing the buildings and fixture at 902 Park Avenue in South Bluff Park to the Art Community Center, for a term of five (5) years in exchange for providing art -related events as set forth in the lease agree- ment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". 16891 sEp 2 8 1984 MtCROFILMED 3 AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi, hereinafter referred to as lessor owns and has leased to the Art Community Center, hereinafter referred to as "Lessee", the buildings and fixtures at 902 Park Avenue in South Bluff Park for a period of five years ending December 31, 1986; and WHEREAS, Lessee, a nonprofit organization, provides oppor- tunities for all citizens of Corpus Christi to broaden their appreciation of the arts; and WHEREAS, the Lessor agrees and authorizes the use of said buildings by the Lessee for a period of five (5) years, the effective date being the date on which this agreement is signed and extending for a period of five (5) years therefrom: NOW, THEREFORE, in consideration of the premises and for and in consideration of the charges, fees, rental covenants, and agree- ments contained herein, the parties hereto do hereby agree on the following: ARTICLE I The parties mutually agree that the term of this lease be for a period of five (5) years. ARTICLE II In consideration of the use and occupancy of said buildings, Lessee agrees and covenants to pay the sum of One Dollar ($1.00) annually, in advance, to the Lessor. ARTICLE III Lessee agrees to provide one regular employee, in addition to any volunteer employees proVided, to help in the operation of the Museum. ARTICLE IV Lessor agrees to provide maintenance of the exterior of the buildings and grounds, paint the interior of the building as needed and pay all utility bills except telephone service. ARTICLE V As further consideration, Lessee agrees to keep the Center open six days per week consistent with the Lessors leisure services programs; to levy no admission charges on the general public attending events presented by Lessee; the membership in Center will be open to all citizens who have an active interest in art; and to provide art shows, workshops, lectures, art classes and facilities for winter tourists to paint while visiting Corpus Christi. ARTICLE VI Lessor agrees to pay Lessee for estimated costs incurred for postage, office supplies, printing and telephone expenses and contractual janitorial services, to be negotiated on an annual basis. Payment will be by reimbursement upon receipt of paid statements covering these expenses. ARTICLE VII Lessor agrees that no admission charges will be levied on the general public attending events presented by the Art Community Center. ARTICLE VIII Lessor agrees the membership in the Art Community Center will be open to all citizens who have an active interest in art. ARTICLE IX Lessee agrees to use the hereinbefore described buildings for meetings, annual shows, workshops, lectures, art classes, and to provide a place for citizens to paint and winter tourists to paint while visiting Corpus Christi. ARTICLE X Lessor reserves the right to cancel or terminate this lease for any reason upon (90) days written notice. ARTICLE XI Lessee shall hold Lessor harmless for damage to painting and sculpture work belonging to Lessee. ARTICLE XII Lessee agrees that none of its agents or employees shall be considered as employees of the Lessor and the Lessor shall not be liable in any way for any injury sustained to the person of these agents. ARTICLE XIII Lessee further agrees that Lessor shall not be liable for any loss of property of Lessee or of the agents thereof which might occur. ARTICLE XIV Lessee agrees to indemnify and hold harmless Lessor from any liability and/or claims arising out of the operation of this lease, 'including but not limited to injury to Lessee's employees or invitees. During the entire term of this lease, Lessee shall maintain effective liability insurance for the demised premises and shall immediately upon execution of this agreement file a copy of said policy with the City Secretary. The minimum coverage shall be $100,000 per occurrance for property damage and bodily injury or death. Such policy shall name he City of Corpus Christi as an additional named insured and shall contain a provision which shall require the insurer to provide the City with 30 days advance written notice of termination or cancellation. EXECUTED IN DUPLICATE, each f hich shall be considered an original, this e4Z day of , 1982. ATTEST: City Secretary APPROVED: /DAY OF J. BRUCE AYCOCK, CITY ATTORNEY CITY OF CORPUS CHRISTI, TEXAS By Ernest Briones Acting City Manager ,1982: 7CIA-r'1a,Q2ak— W. Thomas Utter Assistant City Manager ART COMMUNITY CENTER By That the foregoing ordinance was read for t second reading on this the /6 day following vote: • Luther Jones Betty N. Turner Jack K. Oumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was read for econd time d passed to its - third reading on this the /7 -day of , 19 2:- , by the. following vote: irst time And passed to its 1944- , by the Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregol5 lrdinance w on this the day of - d for the thkid time and passed finally 00 , 19 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the day of ATTEST: Ci 3Secret ry , . APPROVED: DAY OF , 19_: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney MAYO 16891 THE ITy OF CORPUS CHRISTI, TEXAS STATE OF TEXAS, County of Nueces. }SS: • PUBLISHER'S AFFIDAVIT #V354652 CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came LORRAINE CORTEZ 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 OF PASSAGE OF ORDINANCE ON FIRST READING,... CALLER —Timzp of which the annexed is a true copy, was published in ...... .. day thereafter for..._.9..np. . on the 15thday of FEBRUARY 19 and once each consecutive one day $ Times. 28.70 LORRAINE CORTEZ ,602/.(Yee- ACCOUNTING CLERKFEBRUARY Subscribed and sworn to before me this 23rd day of EUGENIA S. CORTEZ Notary Public, Nueces C nty, Texas STATE OF TEXAS, }ss: County of Nueces. ) PUBLISHER'S AFFIDAVIT c IIITY514 9 . C . Before me, the undersigned, a Notary Public, this day personally came LORRAINE CORTEZ 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 OF PASSAGE OF ORDINANCE ON SECOND READING,— THE CORPUS CHRISTI CALLER -TIMES 'Of which the annexed is a true copy, VMS published in on the ............ day of athereafter 22nd FEBRUARY__ 19...S2., and once each cly consecutive. day one 5 • 45.92 LORRAINE mum ,00LN241.-4— • - ACIROUNTINGCLERK FEBRUARY 19 82 Subscribed and sworn to before me this day of EUGENIA S. CORTEZ Notary Public, Nueces nty, Texas '7•7-40r, icE PASSAGE OF ORDINANCE -014,s,-, F;RST READING • AUTHORIZING THE ; CITY MANAGER TO EXE CUTE AN AGREEMENT LEASING THE BUILDING AND FIXTURES AT 90 4, PARK AVENUE IN SOUT BLUFF PARK TOTHE AR ,COmMUNITIV CENTE , FOR A TERM OF FIV ;YEARS IN EXCHANG FOR PROVIDING VAR OUS ART -RELATE EVENTS ASSET FORTH THE LEASE AGRE MBNT, A SUBSTANTI, OF WHICH IS ‘SACHED HERETO M MADE A PART 'HERE( MARKED EXHIBIT "A" Was passed on first re I ing by the City Council of I City of Corpus Christi, Te on the 100h day of Tebru, •• 1982. The full text of salt • dinance is available to public in the Olfice..of City Secretary. ' I .s -Bill G. 1 .City Seers' J 13? A