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HomeMy WebLinkAbout18843 ORD - 05/21/1985AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE CONTRACT AND LEASE AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC FOR THE USE OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS CHRISTI NATURE CENTER PARK, ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, RUMS COUNTY, TEXAS, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "6., AND MADE A PART HEREOF WHEREAS, by Ordinance No. 7085, passed and approved by the City Council on November 20, 1963, and amended by Ordinance 7543, passed by the City Council on April 7, 1965, the City of Carpus Christi entered into an agreement with the Corpus Christi Council of Garden Clubs, Inc., to construct a building and lease the same to the said Corpus Christi Council of Garden Clubs, Inc , for a term of five years, and WHEREAS, the City and the Council of Garden Clubs desire to extend the agreements hereinabove described, and as extended by Ordinance No. 15582 May 28, 1980: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. That the City Manager be, and he is hereby authorized and directed, for and an behalf of the City of Carpus Christi, to extend the contract and lease agreement with the Corpus Christi Council of Garden Clubs, inc., for the use by the Council of Garden Clubs of the Garden Club Building situated in Corpus Christi Nature Center Park, adjacent to Greely Drive, in the City of Corpus Christi, Nueces County, Texas, for a term of five years, commencing on June 11, 1985 and terminating on June 10, 1990 as more fully set forth in the agreement between the parties, a copy of which is attached hereto and rade a part hereof. 41.059.04 is843MICROFILMED AGREEMENT THE STATE OF TEXAS ) COUNTY OF 606666 ) WHEREAS, on November 21, 1963, City of Corpus Christi. hereinafter called "City", and the Corpus Christi Council of Garden Clubs, Inc., hereinafter called "Council of Garden Clubs", entered into a contract which provided for the construction of a Garden Club building by Council of Garden Clubs, situated In the Corpus Christi Nature Center Park, adjacent to Greely Drive, to the City of Corpus Christi, Nueces County, Texas, which building then became the property of the City and the responsibility of the City to operate and maintain thereafter, and WHEREAS, said contract provided that Council of Garden Clubs would be charged no rent for the use of the building and the City would provide utilities comparable to the level of such service provided for similar activities at other City recreation centers, and WHEREAS, the City and the Council of Garden Clubs amended the abovementioned contract and lease so as to provide an air conditioned building with the air conditioning to be Installed by the City and the Council of Garden Clubs to reimburse the City for the cost of air conditioning if the City would assume the operating and maintenance costs; and WHEREAS, the said building construction has been completed and the City reimbursed for the cost of installation of air conditioning, and WHEREAS, the Council of Garden Clubs desires to lease said Garden Club building for a five-year teen, commencing on June 11, 1985, and 41.059 04 terminating on June 10, 1990, and the City 1s agreeable to said five-year lease: NOW, THEREFORE, the parties agree as follows 1. The City shall be responsible for all maintenance, utilities and janitorial service. Such maintenance, utilities and janitorial service, including operating and maintenance casts for the air conditioning systems but excluding telephones, shall be comparable to the level of such service provided for similar activities at other City Recreation Centers 2. The Council of Garden Clubs shall have priority on the use of the building for its activities and those sponsored by the organization and its member clubs, and that no rental fee shall be charged therefor The City shall be entitled to receive all other revenues obtained from the rental of the Garden Club building to other organizations, except the City Recreation Division and the Council of Garden Clubs. 3. The City Recreation Division of the City will have full responsibility for booking the building and will also have the right to use the building for supervised recreation activities when not Inc use by the Council of Garden Clubs and its member clubs. General lease and use regulations applicable to other recreation centers shall also govern the use of this building 4. The Council of Garden Clubs and Park Division of the City will jointly plan the landscaping for the grounds around the Garden Club building. The Park Division will be responsible for installation and maintenance of grass If Council of Garden Clubs desire further landscaping or garden areas, the installation, maintenance and care of such gardens will be the responsibility of Council of Garden Clubs. 41.059.04 5. The Council of Garden Clubs may add to the Garden Club building at some future date provided the plans and specifications are first approved by the Park and Recreation Board of the City and by the City Council. 6. The Council of Garden Clubs or any of its individual member garden clubs will make reservations for the use of the Garden Club building through the Recreation Division of the City in the manner as all other organizations, except the Council of Garden Clubs or any member club shall have first priority for any date when their reservation has been made 90 days prior to the date concerned. The Council of Garden Clubs, or any member club, may reserve a date within the 90-day period of the date, if 1t is still available for reservation. Such organizations may designate regular meeting dates which shall, if regularly used, continue in effect until changed by the Council of Garden Clubs. 7. The Council of Garden Clubs will for the term of this agreement carry comprehensive general liability insurance in the amount of 0100,000 per person for bodily injury or death, 9300,000 per occurrence for bodily injury or death, and 950,000 for property damage to cover activities of the Council of Garden Clubs, or its member clubs, in the use of the premises, and the City shall be an additional named insured. The Council of Garden Clubs shall indemnify and hold the City, its officers, employees, and agents harmless for all claims arising out of such activities or use of the property or facilities City agrees to replace or repair the premises in the event of damage to the facilities by fire, windstorm, hail, and/or vandalism, to the extent of the proceeds from insurance coverage, if any, or to the extent of the value of the building or damage to the building, 41.059 04 whichever is the lesser, the value of the building being determined as of the date of the damage. 8 The following rooms in the Garden Club Building - (1) combination library and workroom, (2) warehouse/storage room, (3) small storage Cabinet area in kitchen and (4) Saera Loeb Room adjoining Library - will be assigned without charge to the Council of Garden Clubs and its clubs for the exclusive use, except that the Library will be open to the public for reference purposes on specified days and hours. These areas will be clearly designated on the plans to be approved by the Park Board and the City Council and will be limited to the area so approved. Any change in the designation of exclusive use areas will require the approval of both the City Council and the Council of Garden Clubs. 9 The Council of Garden Clubs will have primary responsibility for furnishing and equipping the building and the City has no obligation to furnish any equipment or furnishings for the Garden Club building. Equipment furnished by the Council of Garden Clubs will remain the property of said Council unless specifically donated to the City. All equipment and furnishings placed in the areas open to the public shall be available for use by the public. 10. The Council of Garden Clubs shall have the right of ingress and egress to that portion of the building assigned primarily to it. 11. This contract contains all the provisions agreed upon by the parties hereto and replaces all previous verbal or oral agreements. This contract shall be construed as a contract concerning a gift to the City, and all of the improvements constructed thereon shall be the property of the City, and the further provisions of this agreement, concerning the right of use of Improvements and parts thereof, shall be construed to be a 41.059.04 lease of the same. The leased premises shall consist of the Garden Club Building, situated in Corpus Christi Nature Center ParC at 5325 Greely Drive, Corpus Christi, Nueces County, Texas. 12. Breach of any of the conditions during the tern hereof by the Council of Garden Clubs or the dissolution of said corporation, shall terminate this agreement and subject the same to cancellation by the City upon written notice, by certified mail, addressed to the Council of Garden Clubs, Inc., 5325 Greely Drive, Corpus Christi, Texas. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the _day of April, 1985. ATTEST CITY OF CORPUS CHRISTI By Acting City Secretary Edward A. Martin, tity Manager 414. Thomas Utter, Assistant City Manager APPROVED. 16th DAY OF April, 1985 CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC AT'ro J. BRUCE AYLOCK, CITY MAXAGHiaxisy By By Assistant City Attorney President Secretary 41.059.04 That the foregoing rdinance ry ad for cond reading on this the �(o, dyy of following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero and p sled, to theits 1931 by Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing rdinance / ad far th gn time and p to its third reading on this the s�j>p day of 19 yJ by the following vote Luther Jones / Jae McComb Or. Jack Best`Frank Mendez David Berlanga Sr. / Bill Pruet Leo Guerrero /I. Mary Pat Slavik Linda Strong That the far ng ordina��Ga, read far the 1dnrd time and passed finally on this the me} day? //Iitllzs 19 QI by the follow�g vote: Luther Jones Dr Jack Best David Berlanga, Sr. / Leo Guerrero / PASSED AND APPROVED, this the o2/,/ ATTEST: City Secretary APPR DAYVED OF 4/3”/ 19dr J. BRUCE AYCOCK, CITY ATTORNEY By Jae McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong , 192L MAYOR THE CI OF CORPUS CHRISTI, TEXAS 1$B¢3 1" THIS REPLACES EARLIER AFFIDAVIT. . PUBLISHER'S AFFIDAVIT STATE OP TEXAS -Coavty of Nocom. Before u . she undrNgned a Notary Public, hu dc, peemnelly came - ` MA$CedRES RAMAGE _ who hems find duly momma accordag to lam, mew that he h he COMM.. xc', PULES. Su'FRVISORof he Colla CheuB Caller Christi 11 . Daily Newspaper, published at Carpus Cheiet4 Tawe, In mud Covvty and State, and IRat h Bead. of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING +' CALLER -TINES PUB• a which the aweud4a hue COM Inlinhedm CG1' oe on he 21Stday of April _ ig_85�d once each dny hertef4+ consecutive _d Y _ _ _ _ _ _ _ _ '*1083 • 60.95 MARGARET RAMAGE Subaonbed and* morn to before rile hu -10th _ .t June _ _ EDNA KOSTER 11-30-88 1 l --- Nvlery Pobiie eca Couvty, Tezu