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HomeMy WebLinkAbout17395 ORD - 12/15/1982TEXAS: AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE SEAMAN'S CENTER FOR A PORTION OF THE PARK AND RECREATION BUILDING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute a lease agreement with the Seaman's Center for a portion of the Park and Recreation Building, 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." 1139 SEP 2 81984 MLCRAMILMEIl THE STATE OF TEXAS § COUNTY OF NUECES § LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Agreement is made and entered into by and between the City of Corpus Christi, a municipal corporation and body politic operating under a home rule charter of the State of Texas, located in Nueces County, Texas, hereinafter called "City", and the Corpus Christi International Seamen's Center, Inc., a nonprofit corporation acting by and through its duly authorized officer, hereinafter called "Seamen's Center", for the use and occupancy of the hereinafter described premises, under the terms hereinafter provided: and ending December 1, 1984, provided, however, this lease is subject to cancellation by the City, at its option, if the premises hereby leased are needed for a municipal purpose, the determination of which need by the City Council of Corpus Christi shall be final upon giving at least sixty (60) days notice in writing to Seamen's Center. The term of this lease is two years, beginning December 2, 1982, II. The City will maintain the grounds and the exterior of the building, including the roof, at the expense of the City, in keeping with the portion of the premises occupied by the Park and Recreation Department of the City. In consideration for this lease, the maintenance of the interior of the building, including the floors, walls, plumbing facilities, payment of all utility expenses, remodeling and redecorating (after prior written approval of the plans therefor by the City and Park and Recreation Department) shall be at the expense of the Seamen's Center. III. The premises hereby leased are more particularly described as the northwest wing of the building occupied by the Park and Recreation Department of the City and being the main lounge, bar area, kitchen, restrooms and game room, having a floor space of approximately 2,608 square feet, as designated on the attached floor plan, situated in Corpus Christi, Nueces County, Texas. IV. In further consideration of this lease, all heating facilities now in that part of the building shall be maintained at the expense of Seamen's Center and any and all air conditioning, including installation and maintenance, shall be at the expense of Seamen's Center. V. Seamen's Center hereby releases the City from all damages and claims of all and any sort, whether to person or to property, arising incident to the Seamen's Center use of the premises or arising during the lessee's use of the premises and agrees to hold the City harmless from any damage sustained by lessee or by any of its agents, employees or invitees, and to indemnify the City against any and all claims for such loss, damage or injury. VI. Seamen's Center agrees that it sill promptly execute and fulfill all ordinances and regulations of the State, County, City and other governmental agencies applicable to said property, and all ordinances or regulations imposed by the City for the correction, prevention and abatement of nuisances in or connected with said property during the term of this lease at lessee's sole expense and cost. VII. Seamen's Center shall not place, paint or otherwise affix any signs at, or on or about the property, or any part thereof, except where and as first approved in writing by the City. The City shall have the right at any time to require Seamen's Center to remove, paint or repair the signs allowed. Should Seamen's Center not remove, paint or repair the said signs within ten days of demand therefor in writing, the City may fulfill its demands and charge the expense of same to Seamen's Center. VIII. No assent, express or implied, by the City to any breach of any of Seamen's Center'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. IX. City reserves the right to enter said premises at any time during the existence of this lease for the purpose of inspecting the same in order to determine whether the terms of said lease are being observed and carried out. X. Seamen's Center agrees to maintain at all times during the term of this Agreement public liability insurance in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for bodily injury or death to any one person, THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for bodily injury or death for any one occurrence and FIFTY THOUSAND DOLLARS ($50,000.00) for property damages. Said policy shall include coverage for poisoning or illness from consuming any food or beverage. The City shall be named as an additional insured on said policy and proper certificates of insurance shall be furnished to the City and maintained throughout the term of this Agreement. XI. Seamen's Center agrees not to sublet the leased premises or any part thereof, without the consent of the City in writing. XII. The entire agreement of the parties hereto is entered in writing in this lease. Seamen's Center specifically agrees that it will not play, or permit the playing of, music on the demised premises at such volumes that said music disrupts the normal working conditions of the Park and Recreation Department. In particular, but without limitation, this prohibition shall be particularly observed on any City working day between the hours of 8:00 a.m. to 5:00 p.m., and provided further that at no time shall groups using amplified sound equipment be allowed to practice between 8:00 a.m. to 5:00 p.m. on any City working day. WITNESS our hands, this the day of November, 1982, in duplicate originals, each of which is to be considered an original. ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary By Edward A. Martin, City Manager APPROVED DAY OF DECEMBER, 1983: APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Manager Assistant City Attorney ATTEST: SEAMEN'S CENTER Secretary By That the foregoing ordinance ead for/: e firs time rnd assed to its second reading on this the day o following vote: , T9 .i- by the Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinancedos read for = econ third reading on this the P3i. day of,J' following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance w read fo the third time and passed finally on this the ,' day of ,,19X2.., by the following vote: Luther Jones timed passed to its , 19 , by the Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the /sr— day of ATTEST_ 25 DDAY OF Avi...-+ i. 19 pt! J. BRUCE AYCOCK> ITY ATTORNEY l AOS c THE C leOF CORPUS CHRISTI, TEXAS 17295 eank 9oK GI t'oO L ) I P�� Pi LNA P�Er�L � C- 0 D 0 Cort f E4falcE - o ?ARK Px.Pol ER_ 1 DRM TSI M Cor�D! 5f C;A� PP.oy- al t?PV COFFEE 10I r j r TIEtic- LADIES Lb es Spot. 6 MENS I; AEA-1E1Z. 2 O Admin. f srot?:NCE. . iclia-1 et{ — 1 L . - Q - - • 0 1-----1 -- Pool;_ 1-1 s f �� 5 u�jato5t.1 G S � �- N T i ` 0 11 0 / T_ V xEkosi U 1-1 CN PUBLISHER'S AFFIDAVIT STATE 01' TERAS, yss: County of Nueces. 11 #21845 CITY OF CORPUS CHRIST \r) Before me, the undersigned, a Notary Public. this day Peraonally came ANNA GARZA - ., who being first duly sworn, according to law, says that he is the ______,_ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi -Mmes. Daily Newspapers published at Corpus Christi, Texas., in said County and State, and that the publication tof NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING A LEASE ... CORPUS CHRISTI CALLER -TIMES of which the annexed is a true Copy. was published in on th.11 ham, of. EMBER 19_.$2. and once park PAY thereafter for ONE • �nrF Times. 21,60 ANNA GARZA ACCT CLERK Submribed and sworn to before me this-•--.21:b....-. EUGENIA S. CORTEZ • FEBRUARY Public. Nueces r. NOTICE OF PASSAGE I I I I AUTHOZING ASE AGREEMENT WITH THE SEAMAN'S CENTER FOR A PORTION OF THE PARK AND RECREATION BUILDNG. Was passed on second reading by the City Council of the City of Corpus Chris ti,' Texas on the eth day of November, 1987, previously passed an first reading on November 70, (987. The full text of said ordinance Is available to the public In the Office of the City Secre- tary. -s-Bill G. Reed City Secretary, Corpus Christi, Texas PUBLISHER'S AFFIDAVIT STATE �F TEXAS, L. County of Nueces. 11 Before me, the undersigned, a Notary Public, this day personally came. RITA C. ROSALES Who being first duly sworn, according to hrw. says that he is the ACCOUNTING CLERK of the Corpus Christ[ Caller end The Corpus Chi Daily Newspapers published at Corpus Christi, Texas,, in said County end State, and that the publcatkm of #17311 CITY OF C.C. NOTICE OF PASSAGE OF ORDINANCE ON of which the annexed is a true copy, was published in NOMBER _ 1942.,, and once each. DAY thereafter for ONE on the_.29th any nt VE -- cousecutive... DAY o1,`Timea 18.90 RITA C. ROSALES ACCOUNTING CLERK 19 sz2 Subscribed and sworn to before me this..._ tb___.d�& -- CORPUS CHRISTI CALLER -TIMES EUGENIA S. CORTEZ Ir Notaryp liq Nueces County. Tem 8 d n Nbfl . BP 96AS E OF •':•INA FIRST READING AUTHORIZING A LEASE AAGREEMSE PORMc� OFR THE PARK AND )1 -;CREATION BUILDING. z�i° Was passed on first reading by the City Council of the City of Corpus Christi, Tex- as on the 24th day of November, 1982. The full text of said ordinance is available to the public In the Office of the City Sec- ! retary. -s-Bill G. Read City SSpc�retary, Cer�lus CM4 texas } •