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Home My WebLink About020820 ORD - 11/07/1989L L` N_1 F!JTHOEIZING THE EXECUTION OF AN AGREEMENT WITH THE NUECES COUNTY COMMUNIT? ACTION AGENCY FOP. THE USE AND OCCUPANCY OF THE NORTH WINO DF THE: BUILDING,. IMPROVEMENTS, AND GROUNDS ON LCT _.:. BLOCK 13, MEADOW PART ADDITION; AND PROVIDING FCR P JBLICATTON EE IT C'PDMINFD BY '_EE CII: TOUNCIL OF THE CITY C,F CORPUS STI TEXAS: SECT:ON :. Th9t_ ti e Cit} Manager :s hereby authorized to an a3'_'eeme it with ti Nueces C anty Community Action Agency us -E, and ; Cu- aucui of _..* worth wing of the building, im) c v e:nent E and ❑i C'un t: OA ;'.t J P _ }. C' : Meadow Park Addition, more fully ; e = fort i - t he le st agreement, a substan- ial copy attacneff e1eto 3nd Blade 1 n,a t hereof, marked Exhibit A. - SECTION uT 11.C3trC., hail Pre made in the ,f f:ici3.1 GE ta:e _tty :pus qu1reC by the Cat y Charter cf ICR FIS. ED THE STATE OF TEXAS COUNTY OF NUECES § LEASE AGREEMENT KNOW ALL BY THESE PRESENTS: 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 ($1.00) 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 north wing of 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 Citizen Center. II. The term of this Lease beginning August 1, 1989, shall continue hereafter for successive one year terms until cancelled by either party. Either party to this Agreement shall have the right to such cancellation by giving the other party at least thirty (30) days written notice of such intention to terminate in advance of the cancellation date. 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 401pw132.lse.nl 1 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 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' 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 tern of 401pw132.lse.n1 2 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 terns 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 thirty (30) days' written notice to Lessee. 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 401pw132.1se.nl 3 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 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 ATTEST: Armando Chapa, City Secretary APPROVED: QDAY OF _ .4 1989: HAL F. GEORGE, CITY ATTORNEY By: Ass s a t City Attorney ATTEST: 401pw132.1se.n1 day of , 1989, in duplicate originals. CITY OF CORPUS CHRISTI By Juan Garza, City Manager NUECES COUNTY COMMUNITY ACTION AGENCY 4 (New Wing Included) ;f That the foregoing ordinance was read for he first time second reading on this the 5 day of el`C'tLL� following vote: Betty N. Turner David Berlanga, Sr. 01-11, Leo Guerrero Tom Hunt at/Loc, e Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. and p s7ed to its , 19 , by the (Zi (ZL'Co.cti det 3cAJ That the foregoing ordinance was read for he second time and p ied to its third reading on this the /(' day of & (It t-(4() 19 � by the following vote: BettyN. Turner l� Edward A. Martin (_% y David Berlanga, Sr. (442-1 Joe McComb (e11 2 ((XLUtiL Clif Moss �� y% Tom Hunt �'�'.' Mary Rhodes / /%✓ Frank Schwing, Jr. 01 Leo Guerrero That the foregoing ordinance was this the `j day of c T)i.l,k(fh( read Betty N. Turner if i David Berlanga, Sr. �l (. Leo Guerrero Tom Hunt 1k r� PASSED AND APPROVED, this the ATTEST: 97) Cit /re APPROVED: 0/7i DAY OF Ocfobe,r , 1917: HAL GEORGE, CITY ATTORNEY By Assistant City Attorney 99.044.01 for th third time and passed finally on V , 19 I , by the following vote: Edward A. 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