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
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THE C leOF CORPUS CHRISTI, TEXAS
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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
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