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.
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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
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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
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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