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Home My WebLink About20049 ORD - 11/03/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE RENTAL ASSOCIATION OF VILLA DEL SOL, INC. FOR THE FOUR MONTH USE OF THE KIWANIS RECREATION CENTER FOR THE PURPOSE OF CONDUCTING SOCIAL, EDUCATIONAL, AND RECREATIONAL PROGRAMS; AND DECLARING AN EMERGENCY. 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 a license agreement with the Rental Association of Villa Del Sol, Inc. for the four month use of Kiwanis Recreation Center for the purpose of conducting social, educational, and recreational programs, all as more fully set forth in the license agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of t. Jw , 19 1) . ATTEST: City Secretary APPROVED:2 DAY OEjLd 4,i HAL -GEORGE, CITY ATTORNEY 204HG012.ORD THE CITY OF CORPUS CHRISTI, TEXAS 20049 MICROFILMED LICENSE AGREEMENT STATE OF TEXAS ) KNOW ALL NEN BY THESE PRESENTS: COUNTY OF NUECES ) 6 That the City of Corpus Christi, a municipal corporation and body politic of the County of Nueces, State of Texas, acting by and through its duly authorized City Manager, hereinafter called "City", and Rental Association of Villa Del Sol, Inc. acting by and through its duly authorized agent and general manager, hereinafter called "Licensee", for and in consideration of the exchange of mutual covenants and conditions herein contained to be kept and performed by the parties hereto, it is hereby agreed as follows: I City hereby grants a permit to Licensee for the use of certain premises owned by City known as the Kiwanis Recreation Center, and appurtenances thereto, located at 3933 Timon Boulevard, Corpus Christi, Texas, hereinafter called "Premises", for the use and purposes, and upon the terms and conditions set forth herein. The Premises named herein shall include kitchen facilities, hall/game room, restrooms, arts and crafts room, storage, on -premises parking, and shuffle board. The softball field shall be made available only by advanced special arrangements with the Director of Parks and Recreation. II The term of said permit shall be four months with an option to renew beginning December 1, 1987, and ending on April 1, 1988. The program administrated under this agreement shall be jointly evaluated by the parties periodically at the request of either party. In the event the parties determine the program is not in the public interest, City may terminate and cancel this agreement with thirty days written notice. III Licensee shall make Premises accessible to the general public for the purpose of providing a meeting place and conducting a program of social, educational and enter- tainment events. Such events may include, but shall not be limited to, lectures, exercise classes, meals, field trips, games, arts and crafts, sight seeing and other activities, including programs of interest to winter tourists. Licensee shall provide all program materials, equipment, vehicles and staff necessary to provide wholesome and quality activities. IV Licensee may charge fees to participants for any on -premises activity; provided, however, any fee schedule proposed by Licensee for structured activities, such as aerobic and ceramics classes, shall be subject to payment to the City of ten percent (10%) of gross revenues, payable and due to the City by the tenth of the month. City shall furnish financial reporting forms as approved by the Director of Finance. Catered meals will be exempt from this surcharge. -1- 8, V Licensee shall be responsible for security of Premises during open hours of operation and for the opening and closing the building. Licensee shall be further responsible for all custodial services, such as sweeping, cleaning kitchen and restrooms, and carrying out garbage and trash at the close of day or completion of activity. VI Licensee shall be responsible for regular maintenance and janitorial require- ments such as mopping and waxing of floors, washing windows and minor vandalism repairs such as broken windows. City shall be responsible for building and grounds maintenance to include repair of heating, air conditioning, plumbing and electrical systems. City shall not be responsible for repairs due to Licensee's gross negli- gence. VII All utility and telephone charges shall be paid by Licensee. The City will provide restricted phone service, for local calls only. VIII Licensee shall carry a comprehensive general liability policy of insurance with a company acceptable to and approved by City covering bodily injury and property damage to include endorsements for contractual liability to cover any and all agree- ments and contracts involving this Agreement and adding the City of Corpus Christi as Additional Insured. Minimum limits of coverage shall be $500,000 Combined Single Limit. Licensee shall provide City a certificate of insurance in accordance with this Article VIII by delivery of same to Director, Department of Parks and Recrea- tion, 222 Belden Street, Corpus Christi, Texas, upon execution of this agreement. IX Licensee does hereby covenant and agree to defend, indemnify, and hold harmless City, its agents, officers, servants, and employees, from and against any and all suits, claims for damages, or injuries to persons or property, whether real or asserted, arising out of both bodily injury accidents and property damage accidents to the public, invitees, or guests or in connection with, directly or indirectly, from the use and occupancy of premises under this agreement by Licensee. X Licensee shall pay any and all assessments or taxes, taxes which may be assessed against the City for the use of the premises as provided by this Agreement, however incurred, for sales or use taxes, or federal income taxation. XI Licensee may not assign this lease nor sublease the premises nor any part thereof without the written consent of the City Manager. -2- 8/ XII It is specifically agreed and understood that the parties hereto intend and do hereby create a landlord/tenant relationship, and this agreement shall be construed in favor of that relationship. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or joint venture between the parties hereto, it being understood and agreed that neither the computation of rent, or any other provision contained herein, or any of the parties hereto, shall be deemed to create any relationship between the parties with respect to the use of the premises other than that of a landlord or tenant. Signed this day of , 1987. ATTEST: RENTAL ASSOCIATION OF VILLA DEL SOL, INC. Licensee Secretary ATTEST: Armando Chapa City Secretary APPROVED: 704 day of OLi + 1987 Hal George, City Attorney By Ass' si�ant City Attorney CITY OF CORPUS CHRISTI Craig A. McDowell City Manager -3- Corpus Christi, Texas. ^.-- n , 3 day of�X, 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MA OR THE CITY OF CORPUS CHRISTI, TEXAS Jur,fre.,,c/ The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. CLLP Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.045.01 thy, ottig„ 0- 20049