HomeMy WebLinkAbout021161 ORD - 05/14/1991AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN YEAR
LEASE AGREEMENT WITH THE CORPUS CHRISTI AREA COUNCIL
FOR THE DEAF, INC., FOR THE USE OF A PORTION OF MT.
VERNON PARK, TO INCLUDE EXPANSION OF THE LEASED AREA;
AND PROVIDING FOR PUBLICATION.
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 ten
year agreement with the Corpus Christi Area Council for the Deaf, Inc. for the use of a
portion of Mt. Vernon Park, to include expansion of the leased area, a substantial copy of
which is attached hereto as Exhibit "A."
SECTION 2. Publication shall be made in the official publication of the City
of Corpus Christi as required by the City Charter of the City of Corpus Christi.
A 1EST:
City Secretary
APPROVED:
�(o DAY OF Ma yc.GA_
, 19qf
MAI'�OR
THE CI CORPUS CHRISTI
JAMES R. BRAY JR., INTERIM CITY ATTORNEY
ByL-
Assistant City At orney
ORD4: 91079
02116.
THE STATE OF TEXAS X
COUNTY OF NUECES X
LEASE AGREEMENT
ENOW ALL BY THESE PRESENTS:
3/21/:
This Lease Agreement by and between the City of Corpus Christi,
Texas, a municipal corporation (hereinafter "City"), and the Corpus
Christi Area Council for the Deaf, Inc., a non-profit corporation
(hereinafter "lessee");
W ITNESSET H:
WHEREAS, the Lessee is organized exclusively for the charitable
purpose of providing services to deaf persons and has requested a renewal
of their lease agreement in order to expand the public recreation center
with particular emphasis on servicing the needs of deaf persons in the
community; and
WHEREAS, the City has found and determined that use of public park
property for such a purpose will further the popular enjoyment of the
park property and is consistent with the goals for public recreation
established by the City to extend such services to a broad spectrum of
the population;
NOW, THEREFORE, in consideration of the premises, covenants and
conditions herein expressed, the City and Lessee mutually agree as
follows:
I.
The City grants, leases and demises unto Lessee and lessee rents
and leases from the City the following parcel of real property located in
Corpus Christi, Nueces County, Texas (hereinafter the "Leased Premises"):
A site having the dimensions of 175.48 feet by 121.5
feet, consisting of .49 acres, more or less, located
on the north and east portion of a tract known as Mt.
Vernon Park, which site and park are more fully
described on Exhibit "A" attached hereto and
incorporated herein by reference.
II.
The primary term of this Lease shall be for a period of ten (10)
years beginning 60 days after final approval by City Council and ending
on At the end of said primary term, this Lease may
be extended for an additional ten (10) year term with the City Manager's
approval; provided, however, that either party may terminate this Lease
at any time after the expiration of the primary term upon giving the
other party one year's written notice in advance of such intention to
terminate.
deafincl6 -1-
MIMI "A"
3/21/5
Lessee agrees to add to, maintain and operate a public service and
recreation center (hereinafter the "Project") designed to primarily
benefit the deaf and the hard of hearing persons of the community.
lessee agrePa to construct certain improvements on the Leased Premises in
the furtherance of said Project, which improvements shall be constructed
in accordance with plans and specifications approved by the City. TPssee
shall have full and complete responsibility for the preparation of such
plans and specifications and supervision of construction of the Project.
Said plans and specifications shall include all site work for and around
the Leased Premises, including but not limited to a 2000 square foot
addition to the existing building. No construction work of any kind may
commence at the site until such plans and specifications have been
approved by the City as required herein.
IV.
TPssee agrees that the entire costs of construction of the
Project, including initial site work, architect's and engineer's fees,
inspections, installation of utilities and all other costs related to
completing, equipping and stocking the facility, shall be borne entirely
by TPssee. The City does not assume nor will it in any way be
responsible for any of the financial obligations incurred or created by
the TPssee in connection with the construction, equipping and operation
of the Project.
V.
TPssee agrees that in the conduct of such programs a non-
discrimination policy will apply, and that the Project may be utilized by
the public in accordance with reasonable scheduling requirements on a
first come, first served basis. Lessee may charge fees for rooms and use
of the Project facilities and may conduct instructional classes for fees.
All of such fees and charges shall be reasonable in keeping with charges
and fees assessed at other recreation centers within the City and must be
first approved by the City.
VI.
IPssee shall be reimbursed for the fair market value of IPssee's
improvements should Mt. Vernon Park be sold or conveyed during the ten
(10) year lease term, or extension thereof.
VII.
Lessee agrees that no additions or alterations may be made to the
Project and no changes in programs, plans or fee schedules may be
implemented without first obtaining the prior approval of the City
Manager.
deafincl6 -2-
VIII.
3/21/J.
Tsossee agrees to maintain the Teased Premises during the term of
this Lease in a clean and attractive appearance. Lessee shall be
responsible for all costs of maintenance, utilities and the collection
and removal of any trash or rubbish from the Leased Premises. At the
expiration of the term of this Lease, or any extension thereof, Tessee
shall release and deliver unto the City the Leased Premises and all
facilities included thereon in reasonably sound condition, normal wear
and tear excepted. Tessee may remove at its own expense any supplies,
furniture or equipment which are not classified as fixtures and which may
be removed without damaging the remaining improvements
IX.
Lessee agrees to promptly execute and fulfill all of the
ordinances and laws of the City, the county, the state and the federal
government in connection with the development, maintenance and operation
of the Project at Lessee's expense.
X.
Lessee agrees to secure and maintain throughout the term of this
Lease, or any extension thereof, at Lessee's expense, the following
policies of insurance:
(1) Workers' Compensation insurance, or its approved equivalent,
covering all employees of Lessee engaged in any work at or on
the Leased Premises.
(2) Insurance policies providing fire, vandalism, malicious
mischief and flood coverage for all improvements constructed
on the Leased Premises in an amount sufficient to replace
said improvements
(3)
Comprehensive general liability insurance in the amount of
Three Hundred Thousand Dollars (300,000) for bodily injury or
death to any one person, Five Hundred Thousand Dollars
($500,000) for bodily injury or death for any one occurrence,
and One Hundred Thousand Dollars ($100,000) for property
damages. Said liability policies of insurance shall name the
City as an additional insured by their terms and shall
contain provisions that they cannot be cancelled, not
renewed, or materially changed unless ten (10) days' notice
of cancellation shall first have been served upon the City.
Lessee shall promptly provide copies of all insurance
policies upon City's written request.
Certificates of insurance for all said policies shall be furnished
the City prior to any construction activities pursuant to this Lease
Agreement and maintained at all times throughout the term of this Lease
Agreement.
deafincl6 -3-
XI.
3/21/yi
lessee shall indemnify the City of Corpus Christi against any and
all losses, claims, demands, and defend any suit or action for damage of
every kind and character made against the City of Corpus Christi based on
personal injury of any person, including death and for loss of or damage
to property of any person, whether caused by the City of Corpus Christi's
sole negligence or the joint negligence of the City of Corpus Christi and
Lessee or however same may be caused, growing out of any act, occurrence
or omission, or incident to or resulting fium the performance, or failure
to perform the work or the provisions of this Agreement.
Lessee agrees to begin construction of the improvements as
required in paragraph III herein on or before one year from the date of
execution of this agreement, and proceed to the completion of same in an
orderly and timely manner. Lessee will permit no unreasonable delays in
construction except those delays over which Lessee has no control (i.e.,
war, flood, hurricane, strikes and unavailability of materials).
XIII.
Tnssee shall not sublet or assign this Lyase, or any part thereof,
without the prior written consent from Lessor.
This lease Agreement, which constitutes the entire agreement of
the parties hereto, is executed in duplicate originals, both of equal
force and effect, as of this day of , 1991.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED:
c)-10 Day of YYl 0 M .f-1
, 1991
JAMES BRAY, INTERIM CITY ATTORNEY CORPUS CHRISTI AREA COUNCIL FOR THE
DEAF, INC.
BY:,./ltd.
teLCu;(i c_ By:7
Assistant ty Attorney President
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MCARDLE ROAD
fhat the f egoing,ordinance was read for the first time and passed to its second reading on thio
day of �, 19 , by the following vote: •
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
off
al 1_,
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Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
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That the foregoing ordinance was read for the second time and passed to its third reading on this the
I day of ((pit('
1pi-c CQ , 19 Q1 , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Olt . Edward A. Martin (bit,
(Li y . Joe McComb4.64-fat' iv
ftt it. Clif Moss at 2C_,
at )' Mary Rhodes (,(,G- ,
Frank Schwing, Jr. 21 / ,
That the foregoing ordinance was read for the third time and passed finally on this the /tf day of
, 19 p ( , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Clip
PASSED AND APPROVED, this the /'T day of
A !TEST:
City Secretary
APPROVED:
3(, DAY OF
14 rt., -C4 , 19 7/
Edward A. Martin d" h
Joe McComb
Clif Moss
Mary Rhodes
dip
marSchwing, Jr. alp
/aid% , 19 .
MAYOR
THE CITT`- CORPUS CHRISTI
JAMES R. BRAY, INTERIM CITY ATTORNEY
By 2 Luw i a uu
Assistant City' Attorney
021161
PUBLISHER'S AFFIDAVIT
State of Texas, ) CITY OF CORPUS CHRISTI
County of Nueces ) ss: Ad #29605
PO #
Before me, the undersigned, a Notary Public, this day personally
came Rosie A. Mendez, who being first duly sworn, according to
law, says that she is Advertising Receivables Supervisor of the
Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021161 AUTHORIZING THE CITY
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 21st day of May 1991.
One Time(s)
$ 32.40
Advertising Receivables Supervisor
Subscribed and sworn to before me this 3rd day
of June , 1991.
Odra UIDtOX-eCL0
Notary Public, Nueces County, Texas
My commission expires on
v
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PUBLISHER'S AFFIDAVIT
State of Texas, I CITY OF CORPUS CHRISTI
County of Nueces I ss: Ad # 1710
PO #
Acct. #0053-18438
Before me, the undersigned, a Notary Public, this day personally came
Annette Mendoza, who being first duly sworn, according to law, says
that she is an Accounting Clerk of the Corpus Christi Caller -
Times, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and
that the publication of"NOTICE OF PASSAGE OF ORDINANCE ON FIRST"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 14th day of April 1991 , and each
day thereafter for 0 consecutive day(s).
1 TimesA.A/ AA V 0
S 33.75 Accounting Clerk l�
Steribed,a,nansworp torbefore me this 2nd day of May , 19�.
DEBRA VILLARREAL
Notary Public, Nueces County, Texas
My commission expires on 4-24-93
PUBLISHER'S AFFIDAVIT
Acct. #0053-18438
State of Texas, I CITY OF CORPUS CHRISTI
County of Nueces 7 ss: Ad # 73313
PO #
Before me, the undersigned, a Notary Public, this day personally came
Annette Mendoza, who being first duly sworn, according to law, says
that she is an Accounting Clerk of the Corpus Christi Caller -
Times, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and
that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON SECOND"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 21st day of April 1991 , and each
day thereafter for 0 consecutive day(s). (�
11C- l- z
$ 35.10 Accounting Clerk
1 Times
Su b a c n1nThb fore me this 2nd
DEBRA VILLARREAL
Notary Public, Nueces County, Texas
My commission expires on 4-24-93
day of May
My
, 1921.
NOTICE OF PASSAGE
OF OFDINANCE ON s
..tt FIFI.fT READING
AUTHORIZING THE CITY B
MANAGER TO EXECUTE A I,
; TENNEAR LEASE AGREE- C
MENT WITH THE CORPUS b,
-CHRISTI AREA COUNCIL FOR
i THE DEAF, INC. FOR THE ty�
USE OF A PORTION OF MT.
VERNON PARK, TO INCLUDE is
a EXPANSION OF THE LEASED -I
AREA; AND PROVIDING FOR fi
d. PUBLICATION. a,
d A copy of the lease a,
is on file in the
n . City Secretary's office. 2
e This Ordinance was passed It
and approved on AM reeding e
t by the City Council Of the City t
of. Corpus Christi, Texas on
' the 9th day of April, 1991.
/s/ Armond° Chapa
t' '> City &Caaput CitySecrChrish
TICE OF PASSAGE
""CIF
ORDINANCE ON
SECOND READING
AUTHORIZING THE CITY
MANAGER TO EXECUTE A
TEN WEAR LEASE. AGREE-
MENT..WIT THE CORPUS
1r CURISTI AREA COUNCIL FOR
• T*.,AR;: ,INC. FOR THEN:
USE OFA PORTION OF MT.
VERNON PARK, TO INCLUDE
EXPANSION OF THE LEASED
PUAUCAT10
ARfgA: AND PROVIDING FOR
A fbpy offthe lease
'son file. In the _ ,
City Secretary's office.
The ordinance
ons Pass second
and
readingg b by the City Council of
the City of Corpus SChristi,
Texas on. the 16th day of
April, 1991.
/aI Armando Chap
City Secretar
City of Corpus Chris