HomeMy WebLinkAbout17840 ORD - 09/21/1983AN ORDINANCE
AUTHORIZING THE EXECUTION OF OF A FIVE-YEAR LEASE
AGREEMENT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY
FOR THE USE AND OCCUPANCY OF CERTAIN PORTIONS OF THE
ZAVALA SENIOR CITIZENS CENTER COMMENCING SEPTEMBER 1,
1983.
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 Nueces County Community Action Agency for the use and
occupancy of certain portions of the Zavala Senior Citizens Center for a term
of five years, commencing September 1, 1983, all as more fully set forth in
the lease agreement, a copy of which is attached hereto and made a part
hereof marked Exhibit "A".
A
17840
SEP 2 81P4
MICROFILMED
LEASE AGREEMENT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Agreement is made and entered into by and between the City
of Corpus Christi, Texas (hereinafter "City")° and the Nueces County
Community Action Agency (hereinafter "Lessee") for the use and occupancy of
the hereinafter described premises, under the terms provided.
I
For and in consideration of the sum of ONE DOLLAR (51.00) and the
continuing obligation of Lessee to provide services in the poverty areas of
Corpus Christi and to locate the problems of families and individuals in
such areas and other good and valuable consideration, the City leases to
Lessee and Lessee accepts from City the building, improvements and grounds
on Lot 12, Block 23 of Meadow_Park Addition in Corpus Christi, Nueces
County, Texas, the same being currently known as the Zavala Senior Citizens
Center.
II
This lease shall be for a term of five (5) years beginning
September 1, 1983 and ending August 31, 1988.
III
City agrees to maintain the grounds and the exterior of the
building, including the roof, on the leased premises at the expense of the
City. City also agrees to be responsible for the maintenance of the Senior
Community Services wings, heating and air-conditioning units, restrooms,
plumbing, and kitchen facilities. The maintenance of the remaining portion
of the building on the leased premises shall be at the expense of Lessee.
Said building maintenance responsibilities are illustrated on the attached
floor plan which is marked Exhibit "A" and incorporated herein by
reference. Any improvements made to the leased premises by Lessee must
have the prior written approval of the City's Director of Senior Community
Services.
IV
The Lessee hereby agrees to pay fifty (50%) percent of all
utility and electrical costs; provided that the maximum amount Lessee shall
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be required to pay for such costs will be ONE HUNDRED AND FIFTY DOLLARS
($150) per month. This Agreement shall be reviewed each year to evaluate
increasing utility costs, and the City shall have the option to renegotiate
the utility costs provisions of this Agreement at the end of each contract
year.
v
Lessee hereby releases City from all damages and claims of all
and any sort whether to person or to property, arising incident to the
Lessee's use of the premises and agrees to indemnify and forever save
harmless the City, its officers, agents, and employees, from any and all
lawsuits, claims, demands, liability, losses and expenses, including court
costs and attorneys' fees, for or on account of any injury to any person,
or death at any time resulting from such injury, or any damage to property,
which may arise or which may be alleged to have arisen out of or in
connection with Lessee's activities under this Agreement. Lessee agrees to
secure and maintain at its own expense throughout the term of this
Agreement such reasonable policy or policies of liability insurance as may
be required by the City. On each such policy, the City shall be named as
an additional insured, and a certificate of insurance for any such policies
shall be furnished to the City and maintained throughout the term of this
Agreement. Each certificate must provide for thirty (30) days notice by
the insurer to the City prior to any cancellation of such policy.
VI
The Lessee agrees that it will promptly execute and fulfill all
ordinances and regulations of the City, County and State and other
governmental agencies applicable to said property and its use during the
term of this lease at Lessee's sole expense and cost.
VII
The City reserves the right to enter the leased 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. In the event Lessee fails to repair and maintain
the premises according to its covenants herein, the City may perform such
repairs and collect the cost thereof from Lessee.
VIII
The City retains the right at any time to forfeit any use of the
described property and may cancel this Agreement without cause upon sixty
(60) days' written notice to Lessee.
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IX
Lessee agrees not to assign, in whole or in part, this Lease
Agreement or sublet any portion of the leased premises without the prior
written consent of the City. Lessee agrees not to allow any other person,
firm, or organization to use the leased premises, or,any portion thereof,
except pursuant to a written use agreement in a form acceptable to the
City.
X
Lessee agrees that the City's Senior Community Services program
is authorized to operate in the south,wings of the building on the leased
premises a nutrition program and supportive services for older adults for
the duration of this lease; provided, however, that nothing herein shall be
interpreted or construed as authorization for the City's Senior Community
Services program to deny reasonable and equitable use and access to said
south wings except when in conflict with scheduled Senior Community
Services activities.
XI
The City agrees to provide all administrative and custodial
services necessary in the administration of the Senior Community Services
program operated on the leased premises. Lessee agrees to provide
custodial services for the premises upon completion of the City's use as
authorized in Article X above.
Executed this day of , 1983, in duplicate
originals.
ATTEST: CITY OF CORPUS CHRISTI
By
Bill G. Read, City Secretary Edward A. Martin, City Manager
APPROVED:
DAY OF , 1983:
J. BRUCE AYCOCK, CITY ATTORNEY
By By
Assistant City Attorney Assistant City Manager
ATTEST: NUECES COUNTY COMMUNITY ACTION AGENCY
By
Executive Director
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EXHIBIT "A"
cbAJc Ai I)
(No Scale)
Arne to be maintained by the City of Corpus Christi
(New Wing Included)
} Area To Be Maintained By Community Action Agency
—X —A A X-- X— i—i,-1E—
+Nam L,
Addr's.zzar ,MLI_''!
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That the foregoing ordinanc
second reading on this the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
read for e first ime and passed to its
day of / „ , 19 , by the
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance ws read for t s= and t• e and pym4ed to its
third reading on this the / day of /. ,�, �j, _ _ . . , 1941:P , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
That the fore oing9 ordinan
on this the 02/,,"day of ,
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
for the tjrd time and passed finally
, 19 , by the following vote:
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the 24T day of
ATTEST:
Cit Secretary
P OVED:
/Jdki DAY OF
, 192:
J. BRUCE YCOCK, CITY ATTORNEY
By
As tant City Attorney
MAYOR
THE C / OF CORPUS CHRISTI, TEXAS
19840
STATE OF TEXAS,
County of Nueces.
}SS:
--� AD#40061
PUBLISHER'S AFFIDAVIT
City of C.C.
1 7 (/Q
Before me, the undersigned, a Notary Public, this day personally came
GRACIE DE LUNA ., who being first duly sworn, according to law, says that he is the
ADM. ASST. SECRETARY 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 QF Oj�D jg Q�j,_$�CSI�IR...HEAD LNG.......
of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING CO
on the.12th day of September 1983_, and once each day thereafter for one
consecutive day
One Times.
27.72
GRACIE DE LUNA
ADM. ASST. SECRETARY
Subscribed and sworn to before me this 27th
EDNA KOSTER
day of
September
19 83
Notary eces Texas
eb*CMDkrris-X SAADE 2
+. ORD1N NINS
SECOND BETHE E-
CUTION/ OF A-FIVE-
'YEAR'LEASE AGREE-
MENT,"WITH THE
NUECES COUNTY COM-
MUNITY ACTION
AGENCY FOR THE USE
AND OCCUPANCY OF
CERTAIN PORTIONS OF
THE ZAVALA SENIOR
CITIZENS CENTER COM-
MENCING SEPTEMBER 1,
x1987.
Was passed on second
'reading by the City Council
of the City of Corpus Chris•
ti,,Texas on the 14th day of
September, 1987. The full
`text of said ordinance is
.available to the public in
.the Office of the City Secre-
•`s•f3ill G. Read
City Secretary
Corpus Christi, Texas
PUBLISHER'S AFFIDAVIT
Err TATE OF TEXAS, las:
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came
AD#15775
City of C.C.
GRACIE DE LUNA , who being first duly sworn, according to law, says that he is the
ADM. ASa _..aECj TAEX 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..._
CALLER -TIMES PUBLISHING CO.
of which the annexed is a true copy, was published in
on the.l2th day of September 19 8 3, and once each. day thereafter for RClil
consecutive. _..._. a.slY
One. Times.
$__ 27.72 GRACIE DE LUNA
ADM. ASST. SECRETARY
Subscribed and sworn to before me this 15th day of $e ..texelaar 19..£3.3
EDNA KOSTER r....
rotary Public, Nu County, Texas
otfa-
i U/yGQc _—. _
3-
OTI •F -P -,A AG, j
OF ORDINANCE ON`
FIRST READING
AUTHORIZING THE EX-
ECUTION OF A
FIVE-YEAR LEASE
AGREEMENT WITH THE
'NUECGS COUNTY COM -
Y
Y P
MUNITY ACTION
AGENCY FOR THE USE
AND OCCUPANCY OF
CERTAIN PORTIONS OF
THE ZAVALA SENIOR
CITIZENS CENTER COM-
MENCING SEPTEMEBER
1, 1983.
Was passed on first read-
ingbythe Cit Council of
the Cit of Corpus Christi,
, Texas on the 7th day of
YY September, 1983. The full
.!' text of said ordinance is
available to the public in
the office of the City Secre-
tary.
-s-Bill G. Read
City Secretary
b,...... Csc s Christi, Texas