Loading...
HomeMy WebLinkAbout17438 ORD - 01/19/1983AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE SOUTH-EAST PARK AND RECREATION FOUNDATION, INC., FOR THE REHABILITATION, IMPROVEMENT, LEASING AND OPERATION OF THE SOUTH SEAS COMMUNITY CENTER FOR A PERIOD OF FIVE (5) YEARS WITH AN OPTION TO EXTEND FOR AN ADDITIONAL FIVE (5) YEARS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a lease agreement with the South -East Park and Recreation Foundation, Inc., for the rehabilitation, improvement, leasing, and operation of the South Seas Community Center located in the South Seas Island Park for a period of five (5) years with an option to extend for an additional five (5) years, 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." 17438 SEP 2 81984 MICROFILMED F LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Lease Agreement by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter "City") and the South -East Park and Recreation Foundation, Inc., a non-profit corporation (hereinafter "Lessee"); WITNESSETH: WHEREAS, the Lessee has requested to lease, rehabilitate, improve and operate the South Seas Community Center (hereinafter the "Center") for use by the public as a public community center and park and has organized itself as a non-profit corporation to operate exclusively for charitable purposes to solicit, receive and administer contributions of funds, gifts and bequests from the public and private sources in order to lease, improve and operate the Center as a public facility for recreation purposes; and WHEREAS, the Lessor is interested in cooperating with and advising non-profit entities such as the Lessee for the development and utilization of public parks and recreation facilities in Corpus Christi; NOW, THEREFORE, in consideration of the premises, covenants and conditions herein expressed, Lessor and Lessee mutually agree as follows: I. Lessor hereby grants, leases and demises unto the Lessee the following described property (hereinafter the "Leased Premises") for the specific purposes herein enumerated: An area of an approximately 1.5 acre parcel of real property known as .the South Seas Island Park, and the 115'-6" by 25' building located thereon (previously referred to as the Center), located in the City of Corpus Christi, Nueces County, Texas, South Seas Island Subdivision, Block 3, Volume 45, Pages 118 and 119, Map Records of Nueces County, Texas, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. II. The primary term of this Lease shall be for a period of five (5) years beginning May 1, 1983, and ending on April 30, 1988. At the end of said primary term, Lessee shall have an option to renew this Lease Agreement for one additional five (5) year term, under the following provided terms and JLL:VL conditions in this Agreement, upon giving written notice of at least ninety (90) days to Lessor. III. Lessee agrees to institute a program of renovation and improvements of the building known as the Center. The restoration of said Center shall include the renovation of the building's interior and exterior, including the grounds comprising the Leased Premises. Plans and specifications for renovation and improvements shall be approved by the Lessor. All expenses and fees paid regarding subject renovation shall be at the expense of the Lessee. Lessee shall not make any substantial alterations, additions, or improvements after renovation without prior consent in writing from the Lessor. IV. Lessee shall provide at its expense all utility services used at the Center, and shall maintain the interior and exterior of the Center in good condition and attractive appearance. Lessor agrees to maintain the grounds and landscaping of the Leased Premises, excluding the grounds occupied by the Center, in good condition and attractive appearance. V. The Lessee agrees to undertake the project, and administer at its expense, the operation and programming of health, recreational and social community services within the Center upon the completion of improvements by Lessee. Lessee agrees to maintain the Center open to the public from 9:00 a.m. to 9:00 p.m. daily and as scheduled on weekends. Lessee agrees that in the conduct of such programs, a non-discrimination policy will apply, and that the Center may be utilized by the public and other groups in the City. Scheduling of the use of the Center shall be administered on a first come, first served basis. VI. Lessee may charge fees for rooms and the use of the Center. Additionally, Lessee may conduct instructional classes for fees. All of said fees and charges require the approval of the Lessor and shall be in keeping with charges and fees assessed at other recreation centers within the City. -2- VII. Lessee shall not voluntarily create, cause, or allow to be created, any debt, lien, mortgage, charge or encumbrance upon the Leased Premises and will incur no debts or obligations on the credit of the Lessor. VIII. Lessee hereby releases Lessor from all damages and claims of all and any sort, whether to person or property, arising incident to the use of the Leased Premises and agrees to indemnify and hold the Lessor harmless from any damages, claims or losses sustained by Lessee or by any of its agents, employees or invitees. Lessor agrees to hold Lessee harmless from any losses sustained by Lessee due to Lessor's actual negligence or fault. _ Lessee shall secure and maintain throughout the life of this Lease Agreement, or any extension thereof, at its own expense the following insurance: (1) Worker's compensation insurance, or its approved equivalent, covering all employees of Lessee engaged in any work at the Center. (2) Public liability insurance in the amount of $100,000 for bodily injury or death to any one person, $500,000 for bodily injury or death for any one occurrence and $25,000 for property damages. All of said policies shall name Lessor as an additional insured, and certificates of said policies shall be furnished Lessor and maintained throughout the term of this Agreement. IX. Lessee agrees that it will promptly execute and fulfill all ordinances and regulations of the State of Texas, Nueces County, City of Corpus Christi, and any other governmental agencies applicable to said property during the term of this Lease at Lessee's sole expense and cost. Any good faith violation of the foregoing laws by Lessee, however, shall not be construed as a breach of this Agreement unless Lessee has had notice of such legal requirements for a period of thirty (30) days and has failed to comply with such requirements. X. Lessee agrees to begin the renovations and improvements required in paragraph III herein on or before May 1, 1983, and proceed to the completion of same in an orderly and timely manner. Lessee will permit no unreasonable delays in construction except those delays over which Lessee -3- has no control (i.e., war, flood, hurricane, strikes and unavailability of materials). In the event Lessee fails to complete construction of said renovation and improvements by May 1, 1984, this Lease Agreement shall terminate and be of no further force and effect. XI. Lessor agrees that whenever the approval of Lessor is required by this Agreement for plans and specification, programs, or modifications thereto, Lessor shall respond within a timely and reasonable manner, and any failure or delay in such response shall not be construed to put Lessee in default of any of the requirements or provisions herein. XII. Lessee shall not sublet or assign this Lease, or any part thereof, without the written consent of Lessor. In witness whereof, this Lease Agreement is executed in duplicate originals this day of , 1983. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: Bill G. Read, City Secretary Edward A. Martin, City Manager APPROVED: J. Bruce Aycock, City Attorney This day of By: By: Assistant City Manager Assistant City Attorney ATTEST: SOUTH-EAST PARK AND RECREATION FOUNDATION, INC. By: Secretary President -4- r 4 11 4 I I :'•, If:::;:: ` VV [ h 11l I 1 1 1 1 I___--_-d-/o'C.Pit. ETEC EAS -J I- • L_1 , I ti /t5.45' 4 7719• :: I I --i- ...,t /7 3o:, I, M 1 1 /i ' '^ -I-I-- 0' d •47'7000" -"e. ' -..4-- : I , 1 ,4C� vii Eye / O R. 3507' 1..••. '' 1' k 'So' 7= /5.45' Vi l% 4 I sva 31 L= 2907' 'i'• '.: _ O Rig h 1 /9 \ 0 v 1 h\ 1 1 n 1 \\\\ /5 0.90'00'00" ' ' : I \1 I 1 NC9 •f R //83' -::-..,,.4.;_--1 '— i i O , /Oo.O' T. //.83' L' /6,58' I � .t 1 200 /6 d=/05.00'00" 1 I 1 ! O , _ase€_ -a I I • ! R./53/' 1 • 1 221 T-/735' 1 L.24.50' I l7 6=750000" R. /6 /2' T /237' L.2/10' 1® 4'/05'00'00" R./456' T= /0.72' L=26.32' 19 4=75'00'00- R./3 37' T• /076' L=/7.50' ® 6• .47.50'00" R. /00.0' •440' .82.5 ' 0-b d=47.30'00" OI 1 1 } 74 1 IW" O I 23 y` 0 I N I h i3 O 1 2 i n I 25 v I I • 4 O 51 { • 1 P14 ' TEL -N?'0000 E //47.5' 1_ r' 0 /4 7.7 ` /5 /1 555' STS In 77.5_i_i q 1 N29'5' I i. LS• h I 1 NC9'f o >n 0 v 960' i I;) 2v1 3U.E_ Q I 92.5' i) 7 I o s `-i'`rue"ill • y 3 ti I /7j 14 g Is' 5 1 4 "h 40 NO0'E I 1 9 j N29•f a t0•, I 72.5' 5 b , 87. s' —, 9t.5' I to /0 b ets' n 4'29'5 /450 50' 54A ° /0 if '61 N29•5 79755' DR/VE Nt9'E �suc 5575' 1 Q O 104 Ot`V 7 I Z' - I, �\ 1% 1 50,0'-- -70.0'-- N a _ 6o0�JI 50 icer,6jr e/ Pnc7/ 4C.) so qo— -Pa/�;h. 0 N29'5 //JO' 0 P4A/4 Y N29'E 690' • ,R • 7. '.5."e. L_690' ,7 41 ,A 505' 5!6' 6066' N19'E /530' 2 lJ • 64-76 00 0 mho ..,- i1" / 9 / Y A.,1- a z /B �"-0-.0. 4 er Off. l • 16 �iAo1.71!' * z // 0 0 5u -55.1'-, i;,, /2 .r -gym 100 /6 y`\'v _ ,1'''',. That the foregoing ordinance_wm read for second reading on this the day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky e first time and s�sed to its , 195 , by the That the foregoing ordinance was read for t second time and pa sed to its third reading on this the /07 day of , 19 3 , by the following vote: '. Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the fore oing ordinance was read for the tOjird time and passed finally on this the £ day of All, , 19 it, , by the following vote: Ar Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky elf PASSED AND APPROVED, this the / q "`day ATTEST: APP ED: p+� DAY OF , 19DJ: J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE C 17438 OF CORPUS CHRISTI, TEXAS • STATE OF TEXAS, ts, County of Nueces. J ANNA GARZA PUBLISHER'S AFFIDAVIT #28889 CITY OF CORPUS CHRISTI Before me, the undersigned, a Notary Public, this day personally came. _._.., who being first duly sworn, according to law. says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Chris' it, 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 AUTHORIZING A LEASE CORPUS CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in on the 1 0 any JANUARY 19 83 and once each DAY ..._.thereafter for ONE '.consecutive. DAY 27.00 • ANNA GARZA ACCT CLERK Subxcribed and sworn to before me this 1 5th _da EUGENIA S. CORTEZ • at FEBRUARY . Public. Nueces County, T 19 83 - —NOTIC (31 - PASSAGE.OF,4 ' ' ORDINANCE' —....._ ON FIRST READING AUTHORIZING A LEASE AGREEMENT WITH THE SOUTHEST PARK AND RECREATION FOLINDA- • TION, INC., FOR THE REGABILITATION, IM." PROVEMENT, LEASING AND OPERATION OF THE SOUTH SEAS COMMUNI- ' TY CENTER FOR A PERIOD OF FIVE (5) YEARS WITH AN OPTION TO EXTEND FOR AN AD- DITIONAL FIVE (5) 8 YEARS. Was passed on first reading by the City Council of the City of Corpus Christi, Tex- as on the Sth day o January, 1983. The full tex of said ordinance Is avail able to the public In th Office of the City Secretary. is/BIII G. Ree City Secretary Tex - So- a Council member Councilmember ordinance: MOTION , moved and seconded that the following AUTHORIZING A LEASE AGREEMENT WITH THE SOUTH-EAST PARK AND RECREATION FOUNDATION, INC., FOR THE REHABILITATION, IMPROVEMENT, LEASING AND OPERATION OF THE SOUTH SEAS COMMUNITY CENTER FOR A PERIOD OF FIVE (5) YEARS WITH AN OPTION TO EXTEND FOR AN ADDITIONAL FIVE (5) YEARS. be amended prior to its third and final reading: (1) specifying that the City has the responsibility to mow the grass in the park and otherwise maintain the grounds; (2) providing that whenever the approval of the City is required for plans and specifications, programs, or modifications thereto, the City shall respond in a reasonable and timely manner; and (3) making certain other technical clarifications in the contract language. Passed