HomeMy WebLinkAbout021272 ORD - 10/29/1991AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LEASE
AGREEMENT AMENDMENT WITH THE CORPUS CHRISTI AREA COUNCIL FOR
THE DEAF FOR THE FACILITY LOCATED AT 5151 MCARDLE.
TEXAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager or his designee are hereby authorized to execute
a lease agreement amendment with the Corpus Christi Area Council for the Deaf for the facility
located at 5151 McArdle, a substantial copy is attached hereto and made a part hereof, marked
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.
RP1840.021.kp
0 212 72
That thyforegoing o ding ce was read for_the first time and passed to its second reading on mis
the (21--/ "day of Q/�K.lL4: 19 (1 ( , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
etti
dip
That the foregoing ord'rnce w,as read for the second time and passed to its third reading on
this the 1 day of ve)COLUY J , 19Cj 1 , by the following vote:
Mary Rhodes alp Edward A. Martin ItyZ,
Cezar Galindo Joe McComb (,/i to:4U
Leo Guerrero 6 d , Dr. David McNichols 02 i ,
//
Betty Jean Longoria 1 tp Clif Moss ?`Ix l.
Mary Pat Slavik (Zi -y ,
That theforego�inance rias read for the third time and passed finally on this the ocq
day of & ) ) , 19"1 1 , by the following vote:
Mary Rhodes 0-11_, Edward A. Martin
Cezar Galindo (LL yL, Joe McComb
Leo Guerrero C�L1 , Dr. David McNichols
Betty Jean Longoria _ — Clif Moss
Mary Pat Slavik
Cay
PASSED AND APPROVED, this the2 day of ectfri L.P AL; , 196(
A 1"1'EST:
City Secretary MAY R
THE OF CORPUS CHRISTI
APPROVED: OZ0 DAY OF S eft - , 1991 :
JAMES R. BRAY, J: CITY ATTORNEY
By ' nt City Attorney
044
021272
LEASE ACREEMINr
• ID • la
THE SPATE OF TEXAS X
KNOW ALL BY THESE PRFSfIIS:
CCONPY OF NUEC S X
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
revision of their lease agreement in order to incorporate Housing and
Urban Development's (HUD) Community Development Block Grant (CDBG)
regulations; and
WHEREAS, the City has found and determined that this revision 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 Iessee mutually agree as
follows:
I.
The City grants, leases and demises unto IPs ec and Tessee 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 teen of this Lease shall be for a period of ten (10)
years beginning 60 days after final approval by City Council and ending
on July 14, 2001. 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.
-1-
EXHIBIT A
IPssee shall operate the Leased Premises exclusively for the
following purpose and uses incidental thereto: To further the primary
objective of the Act as outlined in Federal Register 24CFR 570.200 and to
provide safe and sanitary public facilities for handicapped individuals;
and to further provide additional services to help the deaf and hearing
impaired person to live as independently as possible in the hearing world
and at all times in accordance with Housing and Urban Development's (HUD)
Community Development Block Grant (CDBG) regulations.
IV.
City will construct the Facilities using CDBG FY 1991 funds allocated to
Tpssee.
V.
It is understood that TPssee will be responsible for furnishing
and equipping the building and that City has no obligation to furnish any
equipment or furnishings for the TPssee. All personal property furnished
by TPssee or donated by others on behalf of IPssee will remain the
property of IPssee unless specifically donated to City.
VI.
lessee agrees to maintain the Leased Premises during the term of
this Lease in a clean and attractive appearance. TRssee shall be
responsible for all costs of maintenance, utilities and the collection
and removal of any trash or rubbish from the Teased Premises. At the
expiration of the term of this Lease, or any extension thereof, IPssee
shall release and deliver unto the City the Leased Premises and all
facilities included thereon in reasonably sound condition, normal wear
and tear excepted. TPssee 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.
VII.
7.1 Operation Records. lessee will provide access to the
documentation of clientele being benefitted by the Facilities and the
activities being carried out in the Facilities which pertain to the
operations of the Facilities and all obligations pursuant to this
Agreement, including all information on matching funds, if any, during
regular business hours for the purpose of City and/or HUD conducted
audits or monitoring.
7.2 Equal Participation Documentation. Tessee shall also keep
and provide access to records documenting compliance with Section 109 of
the Housing and Community Act which requires that no person shall on the
grounds of race, color, national origin or sex, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under, any program or activity funded in whole or in part
with community development funds made available pursuant to the Act.
-2-
7.3 Infomation and Reports. TPssee shall provide any
information, reports, data and/or forms pertinent to this Ayreement as
the Director of Housing and Community Development for the City may from
time to time request for the proper administration of this Ayreement
7.4 A-110. Tessee shall comply with the following attachment to
OMB Circular number A-110:
Attachment C, "Retention and Custodial Requirements for
Records", except that in lieu of the provisions in paragraph 4
the retention period for records pertaining to individual CDBG
activities starts from the date of submission of the annual
performance and evaluation report, as prescribed in Section
570.507, in which the specific activity is reported on for the
final time;
7.5 Comuliance Documentation. Tessee shall keep and provide
access to records documenting compliance with the following sections of
the Housing and Community Act 24 CFR 570, et seq: 570.610 Uniform
Administrative Requirements and Cost Principles; and 570.611 Conflict of
Interest. If there is a conflict of interest with any employee, agent,
consultant, officer or member of the Board of Directors of lessee,
identify by name and title the person with the conflict and the nature of
the conflict.
VIII.
Tessee ayiees that in operation of the Teased Premises and all
programs offered by leasee at the Leased Premises it will promptly comply
with and fulfill all laws, ordinances, regulations and codes of Federal,
State, County, City and other governmental agencies applicable to the
Leased Premises and all programs offered by lessee at the Leased
Premises, and all ordinances or regulations imposed by the City for the
correction, prevention and abatement of nuisances or code violations in
or connected with the Teased Premises during the term of this Lease
Agreement, at Lessee's sole expense and cost.
Ix.
lessee agrees that in the conduct of such programs a
non-discrimination policy will apply, and that the Leased Premises 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 Leased Premises 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.
X.
lessee shall be reimbursed for the fair market value of Tessee's
improvements should Mt. Vernon Park be sold or conveyed during the ten
(10) year lease term, or extension thereof.
-3-
XI.
Lessee agrees that no changes in programs, plans or fee schedules
may be implemented without first obtaining the prior approval of the City
Manager.
XII.
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 the approved equivalent,
covering all employees of Lessee engaged in any work at or on
the Teased Premises.
(2) Insurance policies providing fire, vandalism, malicious
mischief and flood coverage for all improvements constructed
on the Teased Premises in an amount sufficient to replace
said improvements.
Comprehensive general liability insurance in the amounts 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.
(3)
Said 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 Director of
Park Recreation. Lessee shall promptly provide copies of all insurance
policies upon City's written request.
Certificates of insurance for all said policies shall be furnished
to the Director of Park & Recreation prior to any construction activities
pursuant to this Lease Agreement and maintained at all times throughout
the term of this Lease Agreement.
XIII
'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 base 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
and Lessee or however same may be caused, growing out of any act,
occurrence or omission, or incident to or resulting from the performance,
or failure to perform the work or the provisions of this Agreement.
-4-
3/19/91
XIV
Lessee shall not sublet or assign this Lease, or any part thereof,
without the prior written consent from Lessor.
XV
TPssee agrees to pay the costs of newspaper publication of this
Agreement and related ordinance as required by the City Charter.
XVI
'lessee shall pay any ad valorem taxes associated with the
Improvements or the leased Premises which may be levied during the term
of this Tease Agreement or any extension hereof. TPssee shall not
voluntarily create, cause, or allow to be created, any debts, liens,
mortgages, charges, or other encumbrances against the Leased Premises.
'lessee shall from time to time, duly pay and discharge or cause to be
discharged or to be paid, when the sum becomes due, all taxes,
assessments, and other government charges which are lawfully imposed upon
the Leases Premises and which, if unpaid, may by law, become a lien or
encumbrance upon such Leased Premises and thereby impair or otherwise
adversely affect the holding such Teased Premises for the use set out in
this TPase Agreement
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:
,, Day of , 1991
JAMES BRAY, INTERIM CITY ATTORNEY CORPUS CHRISTI AREA COUNCIL FOR THE
DEAF, INC.
By: By: l %L '�` /�/ .- /r 0/ %Y,c
Assistant City Attorney Prt
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PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #52932
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary 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. 021272 AUTHORIZING THE CITY
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 3rd day of November 1991.
One Time(s)
Business Office Secretary
$ 29.70
Subscribed and sworn to before me this 6th day of
November , 1991.
�a Uarn ec
Notary Public, Nueces County, Texas
My commission expires on 4-24-93 .
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PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #64079
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary 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 READING AUTHORIZING
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 29th day of September 1991.
One Time(s)
$ 29.70
/ i Ya.,u_lL-GC
Business Office Secretary
Subscribed and sworn to before me this 2nd day of
October , 1991.
Notary Public, Nueces County, Texas
My commission expires on
;sr ...CityC
m. ahem Own
ii NO OFOII '
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TME' C4T: ,NTD: MEE M6':d.
'SCHUISTI AREA UNCII FOR THE DEAF,
FORA T6 s1 T IE.
is � A c�d the e lease agree -
J. 1theme C. t ie on lilts in
e dy Sscmtay's office.
,t Tho erdSserst wea paasetl
t , and MProwd on brat
1 reader, by the City Counal of r
the City of Capes 'Ctelet
Texas on the 24th day of
September, MI.
/s/ Armando Chaps
City of,CSP fie
ROF PA
State of Texas,
)
PUBLISHER'S AFFIDAVIT
County of Nueces ) ss:
CITY OF COPRUS CHRISTI
Ad #55696
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary 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 READING AUTHORIZING
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 6th day of October 1991.
One Time(s)
$ 31.05
Business Office Secretary
Subscribed and sworn to before me this 8th day
October , 1991.
Otho kaiak utt
Notary Public, Nueces County, Texas
My commission expires on
.rstri
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701
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850.
of
NOTICE . PASSAGE
OF a ANCE
ON SE - READING
AUTHORIZI THE CITY
MANAGER EXECUTE A
TEN-YEAR ASE AGREE-
MENT AMENDMENT WITH
THE CORPUS CHRISTI AREA
COUNCIL FOR THE DEAF.
INC. FOR THE FACIUTY LO-
CATED AT 5151 MWARDLE.
A copy of the lease agree-
ment amendment is on file in
he City Secretary's office.
The ordinance was passed
and approvedon second
reading by the City Council of
the City of Corpus Christi,
Texas on the let day of Octo-
ber, 1991.
/s/ Armando Chapa
City Secretary
City of Corpus Christi