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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 -1- rxh Xt 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. -2- 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 -3- /6N eWia. 3, '-0 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_''! _-- — 111k. —LoT-I1y ; r . Il��r 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