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