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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 deafincl6 _q_ (AO e.F746,DRr 1:-)K. b rip 0C°) N 01 O r m O a or.zO,C[ $ 00 OI O C 62, ,er•ste k N N O Fopd L.cda lyran51on ks," "C-Pi7o5D . 192-01a7sr- AWItIoIJ 0 ti• O D • 1t 215' 0 0 v C 0 1 11 1 m D 0 0 c z -m = 0 T m O m D 0) -1 m -m r Z Orrl C X Xf= N 0--1 K Z Z N Gi0 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_, CL� Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. q 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 /0 a -000—/i3.6? -006 ;°<; n- alry mcc-fmi-fax.zy AOsjom�DnD20mm y..{ZDi m z gli g m$>>N2�md gt,oIg 0 \mnfl a <y00>y »>1>aA> y 0`3'm>>e mm ZO"-O >ImO0m61,- . > m<>jm t 7* ^ <xdo OmNmSti N > m cc<;a q m s gm_2m= mmAo> m 80 :ma Z$ AWA0081.2 Ng1 Oa700� ma uvi >V y0� —m 2.8 .72 094 o mw f1�timmamnmp arm <m'n ^s LO,7,71ADfC/T› —m f 1 7 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