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HomeMy WebLinkAbout17458 ORD - 02/02/1983AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE CORPUS CHRISTI AREA COUNCIL FOR THE DEAF FOR USE OF A PORTION OF MT. VERNON PARK FOR ESTABLISHING AND MAINTAINING A COMMUNITY CENTER FOR THE DEAF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a lease agreement with the Corpus Christi Area Council for the Deaf for the use of a .4 acre site on the north and east portion of Mt. Vernon Park for the purpose of establishing and maintaining a community center for the deaf, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof marked Exhibit "A." 1.'74 58 *CREAMED "SEP 2 81984 LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This Lease Agreement by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter "City"), and the Corpus Christi Area Council for the Deaf, Inc., a non-profit corporation (hereinafter "Lessee"); W ITNESSET H: WHEREAS, the Lessee is organized exclusively for the charitable purpose of providing services to deaf persons and has requested to lease space in order to construct a public recreation center with particular emphasis on a servicing the needs of deaf persons in the community; and WHEREAS, the City has found and determined that use of public park property for such a purpose will further the popular enjoyment of the park property and is consistent with the goals for public recreation established by the City to extend such services to a broad spectrum of the population; NOW, THEREFORE, in consideration of the premises, covenants and conditions herein expressed, the City and Lessee mutually agree as follows: I. The City grants, leases and demises unto Lessee and Lessee rents and leases from the City the following parcel of real property located in Corpus Christi, Nueces County, Texas (hereinafter the "Leased Premises"): A site having the dimensions of 150 feet by 115 feet, consisting of .4 acres, more or less, located on the north and east portion of a tract known as Mt. Vernon Park, which site and park are more fully described on Exhibit "A" attached hereto and incorporated herein by reference. II. The primary term of this Lease shall be for a period of ten (10) years beginning on March 1, 1983, and ending on February 29, 1992. At the end of said primary term, this Lease may be extended for an additional ten (10) year term; provided, however, that either party may terminate this Lease at any time after the expiration of the primary term upon giving the other party one year's written notice in advance of such intention to terminate. gxb. r'' III. Lessee agrees to establish, construct, maintain and operate a public service and recreation center (hereinafter the "Project") designed to primarily benefit the deaf and the hard of hearing persons of the community. Lessee agrees to construct certain improvements on the Leased Premises in the furtherance of said Project, which improvements shall be constructed in accordance with plans and specifications approved by the City. Lessee shall have full and complete responsibility for the preparation of such plans and specifications and supervision of construction of the Project. Said plans and specifications shall include all site work for and around the Leased Premises, including but not limited to landscaping, driveways, sidewalks, parking lots and curbs. No construction work of any kind may commence at the site until such plans and specifications have been approved by the City as required herein. IV. Lessee agrees that the entire costs of construction of the Project, including initial site work, architect's and engineer's fees, inspections, installation of utilities and all other costs related to completing, equipping and stocking the facility, shall be borne entirely by Lessee. The City does not assume nor will it in any way be responsible for any of the financial obligations incurred or created by the Lessee in connection with the construction, equipping and operation of the Project. V. Lessee agrees to maintain and operate the Project to benefit the public at large with specific emphasis on programs developed to benefit the deaf and the hard of hearing persons of the community. Prior to the commencement of operations of the Project facility, Lessee shall submit to the City, and obtain the City's approval for, the plans and programs for operation of the Project as a public facility. Lessee agrees that in the conduct of such programs a non-discrimination policy will apply, and that the Project may be utilized by the public in accordance with reasonable scheduling requirements on a first come, first served basis. Lessee may charge fees for rooms and use of the Project facilities and may conduct instructional classes for fees. All of such fees and charges shall be reasonable in keeping with charges and fees assessed at other recreation centers within the City and must be first approved by the City. -2 - VI. Lessee agrees that no additions or alterations may be made to the Project and no changes in programs, plans or fee schedules may be implemented without first obtaining the prior approval of the City. VII. Lessee agrees to maintain the Leased Premises during the term of this Lease in a clean, sanitary and good condition and attractive appearance. Lessee shall be responsible for all costs of maintenance, utilities and the collection and removal of any trash or rubbish from the Leased Premises. At the expiration of the term of this Lease, or any extension thereof, Lessee shall release and deliver unto the City the Leased Premises and all facilities included thereon in reasonably sound condition, normal wear and tear excepted. Lessee may remove at its own expense any supplies, furniture or equipment which are not classified as fixtures and which may be removed without damaging the remaining improvements. VIII. Lessee agrees to promptly execute and fulfill all of the ordinances and laws of the City, the county, the state and the federal government in connection with the development, maintenance and operation of the Project at Lessee's expense. IX. Lessee agrees to secure and maintain throughout the terms of this Lease, or any extension thereof, at Lessee's expense, the following policies of insurance: (1) Workers' Compensation insurance, or its approved equivalent, covering all employees of Lessee engaged in any work at or on the Leased Premises. (2) Insurance policies providing fire, vandalism, malicious mischief and flood coverage for all improvements constructed on the Leased Premises in an amount sufficient to replace said improvements. Public liability insurance in the amount of Five Hundred Thousand Dollars ($500,000.00) for bodily injury or death to any one person, One Million Dollars ($1,000,000.00) for bodily injury or death for any one occurrence, and One Hundred Thousand Dollars ($100,000.00) for property damages. Said public liability policies of insurance shall name the City as an additional insured by their terms and shall contain provisions that they cannot be cancelled unless ten (10) days' notice of cancellation shall first have been served upon the City. (3) -3- Certificates of insurance for all said policies shall be furnished the City prior to any construction activities pursuant to this Lease Agreement and maintained at all times throughout the term of this Lease Agreement. X. Lessee releases the City from all damages and claims of all and any sort, whether to person or to property, arising incident to the use of the Project and the Leased Premises. Lessee agrees to indemnify and hold forever harmless the City from any damages, claims, costs or causes of action sustained by Lessee or by any of its agents, employees or invitees. XI. Lessee agrees to begin construction of the improvements as 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 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. XII. Lessee shall not sublet or assign this Lease, or any part thereof, without the written consent from Lessor. This Lease Agreement, which constitutes the entire agreement of the parties hereto, is executed in duplicate originals, both of equal force and effect, as of this day of , 1983. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Bill G. Read, City Secretary Edward A. Martin, City Manager APPROVED: Day of , 1983 By: J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney Assistant City Manager ATTEST: CORPUS CHRISTI AREA COUNCIL FOR THE DEAF, INC. By: Secretary President -4- • �• ME.. Coe: Zo•d .soc.i FO•A-/C dd.7 j— / CAROL E •▪ . w. • ✓ . So. L •4X/f• ,Ssc.9 ITL. E.��f6r, 1` S 60 :59'30. S Q 7'3o e - k• :a"e '7 4 PU/3L/G PAQK - '24.54c - 4 3 e•- 24'37 d3 T•/0.0.67' / • toy. 2/ ,✓ 40'S9 ;O "W 460 do :Co .l.. SJ• • 92 ns..s7L.gT.sa• MT. � S7'3o "s✓ 24.5' 4.9o. . -• Da' T .,o' .. 47/s' 12Ac 0.57.3• • d • }boST •ss 7-.3b.7/2"..447.27• 1/EQNO.0.e/v4 a, t. /20 4.70• CO P■ aa. T•'e Lc 47./2' c 6.363 -9c-,--e•5 A/,/ ••••••:-//.de.d /if 71.4is Exhibit"A" i c i• __6 3'v3 y /5•`la:4/3 • ,-2. .\ If) -'69) l \ h 4.)I /2dN.//o • \\ +o i/BV/7'°/0' /c • \ '37' 63 - I I 6J' '� do :Co .l.. SJ• • 92 ns..s7L.gT.sa• MT. � S7'3o "s✓ 24.5' 4.9o. . -• Da' T .,o' .. 47/s' 12Ac 0.57.3• • d • }boST •ss 7-.3b.7/2"..447.27• 1/EQNO.0.e/v4 a, t. /20 4.70• CO P■ aa. T•'e Lc 47./2' c 6.363 -9c-,--e•5 A/,/ ••••••:-//.de.d /if 71.4is Exhibit"A" That the foregoing ordinance was read for the first time and passed to its second reading on this the EC{ day of , 1r51:9, 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 foregoing ordinanctoqw read fo i the second time and p ssed to its third reading on this the day of ��.. , 1913 , 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 foregoing ordinanu_wa5 read for the third time and passed finally on this the 7 day of , 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 ao7 day of C5z,4€21 , 19 a. ATTEST: (5 ROVED: DAY OF , 193 : J. BRUCE AYCOCK, CITY ATTORNEY By As Stant City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS . • STATE OF TEXAS, County of Nueces. }SS: a PUBL'ISHER'S AFFIDAVIT #11762 CITY OF CORPUS CHR STI Before me, the undersigned, a Notary Public, this day personally came. ANNA _LA.B.ZA who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus ChristiThnes, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO 17458 AUTHORIZING THE EXECUATION of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the • 7th any of._. FEBRUARY 19 83 and once each.......DAY.__..._.thereafter for ONE consecutive _DAY _..—..WiE._....._. Times 25.74' ANNA GARZA ACCT CLERK Subfcribed and sworn to before me this... 1 4th._.da EUGENIA S. CORTEZ 3124 CITY OF CORPUS CHRISTI PUBLISHER'S AFFID4VIT - • STATE OF TEXAS, I. County of Nueces. f Before me, the undersigned, a Notary Public, this day personally came. ANNA GARZA ACCOUNTING CLERK 1 775 _.._.._„ who being first duly sworn, according to law, says that he is the 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 AUTHORIZING of which the annexed is a true copy, was published in CORPUS CHRIST CALLER -TIMES on the.24th day of JANUARY 1983 , and once each_. DAY .thereafter consecutive.._._ DAY ANNA GARZA ACCOUNTING CLERK - Subscribed and sworn to before me this 1s t day of EUGENIA S. CORT27. FEBRUARY 6 lic, Nueces County, Tex 19....E3. NQQTICS OF PASSAGE OF I.ORDINANCE ON FIRST READING CUTtiOR121NG THE EXE- CU _ EN A LEASE AGREEMENT WITH THE CORPUS CHRISTI AREA COUNCIL FOR THE DEAF, FOR USE OF A ON OF MT. VERNON PARK FOR G AND MAINTAINING SAICOMMU- NITY CENTER FOR THE DEAF. nWas byYfhe Cltypp Clouncllaaf Texast on ftherl9fh day of anuary, 1983. The full text f said ordinance Is avail- ble to the public in the ffice of the City Secretary. -s-BIII G. Read City Secretary, Corpus Christi, 7 '.r pr. ?' Texas r'EOF__P_ .3SAGE- r