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."
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*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.
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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.
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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)
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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
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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:
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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
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