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HomeMy WebLinkAbout18585 ORD - 12/04/1984AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE SEAMEN'S CENTER FOR A PORTION OF THE PARK AND RECREATION BUILDING 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 lease agreement with the Seamen's Center for a portion of the Park and Recreation Building, all as me fully set forth in the lease agreement, a substantial copy of which isattached hereto and made a part hereof, marked Exhibit 18585 THE STATE OF TEXAS g COUNTY OF NUECES g LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS This Agreement is made and entered into by and between the City of Corpus Christi , a municipal corporation and body politic operating under a home rule charter of the State of Texas, located in Nueces County, TexaS, hereinafter called "City., and the Corpus Christi International Seamen's Center, Inc.. a cor;nTtiv acting by and through its duly authorized officer, hereinafter described prenlses, Underrt'he %rrmistreWl:fXdpr=incY 'f " The term of this lease shall commence on February 4, 1985, and end at midnight on February 1, 1986, provided, however, this lease is subGect to cancellation, without cause by either party upon 90 days written notice. This lease shall be renewable on a month-to-month basis after February 1, 1986, need to be determined upon consent by both parties. The City will maintain the grounds and the exterior of the building, including the roof, at the expense of the City, in keeping with the portion of the premises occupied by the Park and Recreation Department of the City. In consideration 00, 5610 lease, the maintenance of the interior of the building, including the floors, walls, plumbing facilities, payment of all utility expenses, remodeling and redecorating (after prior written approval of the plans therefor by the City and Park and Recreation Department) shall be at the expense of the Seamen's Center. 101. The premises hereby leased are more particularly described as the northwest wing of the building occupied by the Park and Recreation Department of the City and being the main lounge, bar area, kitchen, restrooms and game room, having a floor space of approximately 2,608 square fee, as designated on the attached floor plan, situated in Corpus Christi, Nueces County, Texas. IV In further consideration of this lease, all heating facilities now in that part of the building shall be maintained at the expense of Seamen's Center and any and all air conditioning. including installation and maintenance, shall be at the expense of Seamen's Center. Seamen's Center agrees to indemnify and forever save harmless the City, its officers, agents, and employees, for any and all lawsuits, claims, damages, expert witnessefees) for or ponces o i account f any injury court costs, onyperson, attorneys fees, hand at any times resulting from such injury, of to any property, whichrmay arise or which may be alleged to have arisen out of or in connection with any activity by Seamen's Center, its agents. employees, or independent contractors pursuant to this lease. Seamen's Center agrees that it will promptly execute and fulfill all ordinances and regulations of the State, County, City and other governmental agencies applicable to said property, and all ordinances or regulations imposed by the City for the correction. prevention and abatement of nuisances in o expnected with said property during the term of this lease at lessee's sole ense and Coat. VII Seamen's Center shall not place, paint, or otherwise affix any signs at, oror about the property, orany part thereof, except where and a first approved in writing by the City. The City shall have the right at any time to require Seamen's Center to remove, paint o repair the signs allowed. v Should Seamen's Center not remove, paintr orrepairthe said signs within ten (10) days of demand therefor inwriting, the City may fulfill its demands and charge the expense of same to Seamen's Center. VIII. No assent. express or implied, by the City to any breach of any Seamen's Center's covenants, agreements, conditions of terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreement, condition or term hereof. 10. City reserves the right to enter said premises at any time during the existence of thislease for the purpose of inspecting the same in order to determine whether the terms of said lease are being observed and carried out Seamen's Center agrees to maintain at all times during the term of this Agreement comprehensive general liability insurance in the amount of ONE HUNDRED THOUSAND (8100,000) for bodily injury or death to any one person, THREE HUNDRED THOUSAND DOLLARS COLLARSOr (050,000 i injury)fordeath or . property damages. Said policny one y shall include coverage for poisoning or illness from consuming any food or beverage. The City shall be named as an additional insured on said policy and proper certificates of insurance shall be furnished to the City and maintained throughout the term of this Agreement. Kl. Seamen's Center agrees not to sublet the leased premises or any part thereof, without the consent of the City in writing. zu The entire agreement of the parties hereto is entered in writing i this lease Seamen's Center specifically agrees that it will not play, a permit the playing of, music on the demised premises at such volumes that said music disrupts the normal working conditions of the Park and Recreation Department In particular, but without limitation, this prohibition shall be particularly observed on any City working day between the hours of 8.00 a m to 5 00 p.m , and provided further that at no time shall groups using amplified sound equipment be allowed to practice between 8 00 a m to 5 00 p.m. an any City working day. WITNESS OUR HANDS, this the day of 1984 to duplicate originals, each of which is [o be considered an original. ATTEST CITY OF CORPUS CHRISTI, TEXAS By City Secretary Edward A. Martin, City Manager APPROVED DAY OF 1984. J. BRUCEGCK, CITY ATTORNEY By 0y Assistant City Attorney Assistant City Manager ATTEST. SEAMEN'S CENTER By Secretary That the foregoing ordinance ad for,�l�he �fir$t time and p d to its Second reading on this the day of Q )r}g.(sµ� 19 by the following vote Luther Janes Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Or. Charles W Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinancey rdaad fr yip nd time and9pay ed Wto ihs third reading o this the ffOO y o /I/ 6 d 'i_ y following vote n Luther Jones / ,_ Leo Guerrero Betty N. Turner / Dr. Charles W Kennedy L David Berlanga, Sr. / L Joe McComb Welder Brown / Frank Mendez Ilary Pat Slavik That the fore g ordinan d far the hird time and passed finally on this the day f y00rr, PA 19 , by the following vote Luther Jones Leo Guerrero Betty N Turner Dr. Charles W Kennedy David Berlanga, Sr.1,0 Joe McComb Welder Brmin —Iey Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the day of lip Me.vv,l wro ATTEST: ecretary FAVOR THE C' Y OF CORPUS CHRISTI, TEXAS A�(JPPROVED000 OF 19 J�-BRUCE AYC,':, CITY ATTORNEY By _ 18585