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HomeMy WebLinkAbout021284 ORD - 11/19/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF A ONE YEAR LEASE AGREEMENT WITH NUECES COUNTY MHMR COMMUNITY CENTER FOR THE LEASE OF PROPERTY LOCATED AT THE NORTHWEST 100 FEET OF BLOCK 1002, BAY TERRACE NUMBER 2; 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 one year lease agreement with the Nueces County MHMR Community Center for the lease of property located at the northwest 100 feet of Block 1002, Bay Terrace Number 2 conveyed to the City by W. R. Hubler, Sr. in Volume 224, Page 122, of the Deed Records of Nueces County, Texas, together with all improvements located or which may be constructed on the above described lots, a substantial copy of which is attached hereto and made a part thereof, 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 by the closing of such hearing on public street improvements, 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 shalltake effect upon first reading as an emergency measure this the I 1 day of OA( e 1W.21 , 1991. Al 1'EST: City Secretary MAYO THE CITY OF ORPUS CHRISTI APPROVED: i,S- DAY 0F`I(54rxii,i, 1991. JAMES R. BRAY JR., CITY ATTORNEY By: anew r— Assistant City Attorney AG5000.067.aar 021284 MDLMED NUECES COUNTY MHMR SHORT TERM LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES S WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS ("City") is the owner of real property located at 1502 5. Brownlee Boulevard and described as: The northwest 100 feet of Block 1002, Bay Terrace Number 2 conveyed to the City by W. R. Hubler, Sr. in Volume 2241, Page 122, of the Deed Records of Nueces County, Texas together with all improvements located or which may be constructed on the above described lots "Facilities", collectively ("Property"); and WHEREAS, the Nueces County MHMR Community Center (MHMR), a Texas nonprofit corporation (the "Lessee") desires to lease the Property; NOW, THEREFORE, the Parties agree as follows: 1. The City leases the Property to MHMR for a period not to exceed one (1) year from the date of execution hereof for the consideration of one dollar ($1.00) due and payable upon execution of this Agreement. 2. This short-term lease shall be for the purpose of allowing MHMR access to the Property. 3. This short-term lease shall terminate upon the effective date of the long-term lease which is effective sixty (60) days after the third (3rd) reading, but in no event shall this short-term lease be for more than one year from the date of execution hereof. 4. All other terms and conditions of the long-term lease shall be effective during the short-term lease except the term thereof. A copy of the long-term lease is attached hereto as Exhibit A. SIGNED, this ATTEST: By: day of , 19 Armando Chapa, City Secretary APPROVED AS TO FORM: day of By: CITY OF CORPUS CHRISTI By: Assistant City Attorney CONTRACrS91 mhm9l.lsc Juan Garza, City Manager , 1991. NUECES COUNTY MHMR COMMUNITY CENTER By: Wallace E. Whitworth, Jr. Executive Director F. Starr Pope, Chairperson THE STATE OF TEXAS COUNTY OF NUECES § MHMR LEASE Exhibit A WHEREAS, the CITY OF CORPUS CHRISTI, TEXAS ("City") is the owner of real property located at 1502 S. Brownlee Boulevard and described as: The northwest 100 feet of Block 1002, Bay Terrace Number 2 conveyed to the City by W. R. Hubler, Sr. in Volume 2241, Page 122, of the Deed Records of Nueces County, Texas, together with all improvements located or which may be constructed on the above described lots "Facilities", collectively ("Property"); and WHEREAS, the Nueces County MHMR Community Center, a Texas nonprofit corporation (the "Lessee"), desires to lease the Property. NOW, THEREFORE, In consideration of the foregoing and the mutual promises herein contained, the City and Lessee agree as follows: I. USE The City does hereby lease, let, and demise to Lessee the Property, and all improvements located or to be located thereon for the consideration, and such other consideration as provided by this Lease, of one dollar ($1.00) per year due and payable on November 30, 1992 and payable on that same date each succeeding year of the Lease. II. TERM The term of this Lease shall be effective sixty (60) days after the third (3rd) reading and continue for ten (10) years, subject to the provisions concerning termination as stated herein. III. PURPOSE Lessee shall operate the Facilities and the Property exclusively for the following purposes, and uses incidental thereto: To further the primary objective of the Act as outlined in Federal Register 24 CFR 570.200(a)(2) to serve as a permanent building to house two existing nonresidential programs that serve mentally retarded persons, the Adult Day Activity Program and the -1- Learning in Functional Environments (LIFE) Program and to provide recreational and physical fitness activities for MHMR clients at all times in accordance with Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations and all local, state, and federal requirements and laws. IV. FURNISHING BUILDING (FACILITIES) It is understood that Lessee will be responsible for furnishing and equipping the Facilities and that City has no obligation to furnish any equipment or furnishings for the Lessee. All personal property furnished by Lessee or donated by others in behalf of Lessee will remain the property of Lessee unless specifically donated to City. V. MAINTENANCE During the term of this Lease, Lessee will maintain, at its sole expense, the exterior and interior of the Facilities and any other improvements on the Property, all fixtures connected therewith, all personal property thereon, exterior walks and driveways, and all lawn, vegetation and landscaping. Maintenance shall be of such quality as to maintain the Property in a first- class condition. Lessee shall obtain, at its own expense, all building permits, all utility services, garbage collection, janitorial services, and similar services. VI. INFORMATION, RECORDS, REPORTS & DOCUMENTATION Lessee agrees to keep and maintain, in a manner acceptable to the City Manager or his Designee, adequate books and records showing all receipts and disbursements, which shall be available for examination by the Director of Finance or his designated representative or HUD representatives at any time within usual business hours, and to provide the City, ninety (90) days after the end of fiscal year, with an annual report including, but not limited to, a balance sheet and either an income statement or receipts and disbursements for the preceding year prepared by a certified public accountant. Lessee shall, on a quarterly basis, provide City with weekly reports itemizing the activities held or presented at the Facilities or by Lessee, the number of people visiting the Facilities or otherwise served by the Facilities. Lessee 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- Lessee 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; Lessee 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. VII. Indemnification Lessee agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments, recovered from or asserted against City on account of injury or damage to persons or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence or misconduct on the part of City, its officers, employees, or agents, ("Indemnitees") and on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, entering upon the Facilities pursuant to this Lease Agreement with the express or implied invitation or permission of Lessee, or when any such injury or damage is the result of, proximate or remote violation by Indemnitees, Lessee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the improvements being constructed at the Facilities herein or out of the use or occupancy of the improvements to the Facilities or the Facilities themselves by Indemnitees, Lessee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including without limitation, any damages or costs which may occur as a result of: the design of the improvements to the Facilities, the bidding process, actual construction of the improvements to the Facilities, administration of the construction contracts by the City or its designee, failure of the improvements to the Facilities prior to completion and acceptance of the Improvements by City and Lessee jointly, -3- failure of the improvements of the Facilities to work as designed, failure of the Contractor or manufacturer to honor its warranties or failure to maintain the improvements to the Facilities or the Facilities themselves. These terms of indemnification shall be effective whether such injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees; but not if such damage or injury may result from gross negligence or willful misconduct of Indemnitees. Lessee covenants and agrees that, in case City shall be made a part to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease Agreement, Lessee shall and will pay all costs and expenses, including reasonable attorney's fees and court costs incurred by or imposed upon City by virtue of such litigation. VIII. COMPLIANCE WITH LAWS Lessee agrees that, in operation of the Property and all programs offered by Lessee at the Property, 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 Property and all programs offered by Lessee at the Property, 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 Property during the term of this Lease, at Lessee's sole expense and cost. IX. SUSPENSION AND TERMINATION The City may suspend or terminate this Lease in accordance with 24 CFR 85.43 if Lessee materially fails to comply with any term of this Lease. This Lease may be terminated for convenience in accordance with 24 CFR 85.44. Pursuant to the sections cited above, and HUD guidelines, if any deficiencies are discerned by monitoring of this Lease, City will either temporarily withhold cash payments pending correction of the deficiencies, disallow all or part of the cost of the activity or action not in compliance, wholly or partly suspend or terminate lease or terminate the current award, withhold further awards, or take other remedies that may be legally available. -4- Either party may terminate this Lease as of the last day of any month upon thirty (30) days prior written notice, so long as all provisions of this Lease providing responsibilities in the event of termination are complied with. Upon termination of this Lease Agreement, Lessee agrees to refund to the City all Community Development Block Grant funds expended on construction of improvements to the Facilities. If Lessee cannot refund all such money within thirty (30) days termination notice the City may take whatever action is necessary to reimburse the City as set out in 24 CFR 85.43 and 85.44. X. REVERSION OF ASSETS Lessee's Facilities shall be used to meet one of the national objectives set forth in Section 570.208 of the Housing and Community Act for ten (10) years from the date of execution of this Lease. In the event that Lessee's Facilities are not used to meet one of the national objectives for ten (10) years from the date of execution of this Lease Agreement, then Lessee's Facilities shall be disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the Facilities less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvements to, the Facilities in accordance with 24 CFR 570.503(B)(8). XI. PROGRAM INCOME Lessee agrees to comply with Attachment D of OMB Circular number A-110 with reference to Program Income, if applicable. XII. RELIGIOUS ACTIVITIES Where applicable, Lessee agrees to comply with requirements in reference to Religious Organizations as set forth in 24 CFR 570.200(j). No assent, any of Lessee's shall be deemed of any covenant, XIII. BREACH OF LEASE express or implied, by the City to any breach of covenants, agreements, conditions or terms hereof or taken to be a waiver of any succeeding breach agreement, condition or term hereof. -5- XIV. RIGHT TO ENTER AND INSPECT The City reserves the right to enter the Property at any reasonable time during the term of this Lease for the purpose of inspecting the same in order to determine whether the terms and conditions of this Lease are being observed and carried out, including but not limited to, both exterior and interior maintenance. XV. INSURANCE Lessee shall acquire and maintain the following insurance coverages during the term of this Lease: (a) (b) (c) general liability insurance covering all activities to be conducted on the Property with a personal injury endorsement in the minimum amount of $500,000 for each occurrence; $1,000,000 as aggregate liability and $100,000 for property damage arising out of each accident, with the City as an additional insured; workers' compensation required by state and property insurance replacement value of insuring against all Manager, or his designee; insurance federal law; in the amount of the full all buildings and improvements, risks as required by the City on all its employees as Lessee shall provide City with certificates of insurance reflecting all the above coverages, and shall promptly provide City with copies of all such insurance policies at least ten (10) days prior to occupying the facilities. Failure to maintain such insurance will be cause for the City to take control of the Facilities and will cancel any claim that Lessee may have to the use of the Facilities. No such coverage shall be canceled, not renewed or materially changed without thirty (30) days prior written notice to the City, directed to the City Manager. The City Manager shall annually review and update such amounts and terms and coverages for all insurance policies. XVI. DEFAULTS Upon thirty days prior written notice to Lessee, the City may, at its option, in addition to any other remedy or right hereunder or by law, terminate this Lease upon occurrence of any of the following conditions ("Defaults"), provided that Lessee has not cured the Default prior to termination: -6- (1) Failure to operate the Property for the purposes set forth in Paragraph III except during the periods necessary for repairs or renovation approved by the City in writing or except as otherwise contemplated by this Lease. (2) Failure to maintain property including Facilities, improvements thereto, and grounds. (3) Intentional, knowing or fraudulent failure to maintain strict and accurate books of account, or failure to furnish said books of account to the City and/or HUD for inspection. (4) Failure to abate any nuisance specified in writing by the City within a reasonable time specified in writing by the City. (5) Failure to comply with any term of this Lease. (6) Failure to have in effect policies of general liability insurance, workers' compensation insurance, and property insurance as required by the City Manager. (7) Lessee's assignment of this Lease or subletting of the Property, or attempted assignment or subletting, without prior written consent of City. (8) Dissolution of Lessee as a nonprofit corporation. (9) Abandonment of the Property for thirty (30) days. (10) Failure of Lessee to correct any other breach in the performance or observance of any other covenant or condition of this Lease. Upon termination of this Lease as herein above provided, or pursuant to statute, or by summary proceedings or otherwise, the City may enter forthwith and resume possession either by summary proceedings, or by action at law or in equity or by force or otherwise, as the City may determine, without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and shall be deemed to be, cumulative of any other rights of the City under law, and the exercise of one shall not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its right to exercise such right or remedy at any other or future time. Notwithstanding any other provisions hereof should Lessee breach any section or provision of this Lease including without limitation the failure to pay taxes, assessments and other government charges, said breach shall be in accordance with IX herein. If repayment is required as a remedy, other remedies may be pursued as deemed necessary if repayment is not made, City shall be entitled to its reasonable attorneys fees in any court action arising out of this Lease. -7- XVII. MODIFICATION Modifications to this Lease shall not be effective unless signed by a duly authorized representative of all parties hereto. Modifications which do not change the essential scope and purpose of the Lease may be approved on behalf of the City by the City Manager. XVIII. PUBLICATION Lessee agrees to pay the costs of newspaper publication of this Lease and related ordinance as required by the City Charter. XIX. TERMINATION NOTICE Lessee acknowledges and understands that if it is unable to carry out the terms of this Lease, this Lease is null and void. Lessee agrees to execute a Termination Agreement setting out the reasons for the termination, the effective date of termination, and in the case of partial termination, the portion of the Lease to be terminated. Either party may terminate this Lease as of the last day of any month upon thirty (30) days prior written notice containing the same information as required in the above described Termination Agreement to the other party. Notice shall be deemed to have been given upon deposit in U. S. Certified Mail properly stamped and addressed for delivery to: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: City Manager or Nueces County MHMR Community Center 1630 S. Brownlee Corpus Christi, Texas 78404 Upon termination of this Lease, Lessee agrees to refund to the City all Community Development Block Grant funds expended on construction of the Facilities and improvements thereto and purchase of the Property. If Lessee cannot refund all such money it will vacate the Property within the thirty (30) days termination notice period. -8- XX. TAXES Lessee shall pay any ad valorem taxes associated with the Property which may be levied during the term of this Lease or any extension hereof. Lessee shall not voluntarily create, cause, or allow to be created, any debts, liens, mortgages, charges, or other encumbrances against the Property. Lessee shall from time to time, duly pay and discharge or cause to be discharged or to be paid, when the same becomes due, all taxes, assessments, and other government charges which are lawfully imposed upon the Property and which, if unpaid, may by law, become a lien or encumbrance upon such Property and thereby impair or otherwise adversely affect the holding of such Property for the use set out in this Lease. XXI. GENERAL PROVISIONS A. No Liability. In no event shall the City be liable for any contracts made by or entered into by Subrecipient with any other person, firm, corporation, association, or governmental body. B. Nonassignment. Lessee shall not assign, mortgage, pledge, or transfer this Agreement or any interest in the Facilities without prior written consent of the City. C. Nonexclusive Services. Nothing herein shall be construed as prohibiting Lessee from entering into contracts with additional parties for the performance of services similar or identical to those enumerated herein, and nothing herein shall be construed as prohibiting Lessee from receiving compensation therefore from such additional parties, provided that all other terms of this Lease are fulfilled. D. Changes and Amendments. Modifications to this Lease shall not be effective unless signed by a duly authorized representative of all parties hereto. -9- E. Jurisdiction and Validity. If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this Lease shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work or provision thereof be given full force and effect for its purpose. The laws of the State of Texas shall apply to any dispute arising hereunder. Venue shall lie in Corpus Christi, Nueces County, Texas, where this Lease was entered into and shall be performed. SIGNED, this day of , 19 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Juan Garza City Secretary City Manager APPROVED: day of , 1991 By: Assistant City Attorney CONTRACTS91 mhmr9Llse NUECES COUNTY MHMR COMMUNITY CENTER Wallace E. Whitworth, Jr. Executive Director F. Starr Pope Chairperson -10- Corpus Christi, Texas day of 7-\(1'2.12/1l ��PA) , TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY`OFFCORPUS CHRISTI The above ordinance was passed 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 045 Ott, 021284 State of Texas, } County of Nueces } ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad #35839 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 1st day of December 1991. One Time(s) $ 36.45 {-- Business Office Secretary Subscribed and sworn to before me this 9th day of December , 1991. CWD/cA J L ki v -cc' Notary Public, Nueces County, Texas My commission expires on 4-24-93 . I r r�A�a. HDRRINOBTHE EEXECU- ADING �OF A TEN YEAR LEASE Q�N�yIT WITH NUMB zrsglTMM FOII OF�TY LOCATED Al 111E WEST 100 PBT OPrSLOCK 1002, BAY TB - RACE NUMBER 2; wilder - Won to the City 4 one dollar sty slxtY tlsys. ualEwYsT1s sera tilos• 10111spineved on second i ream by the CRY Coun- cil of the City of Cor- pus Christi. Texas on the 20th day of November. 1091. /11 Armando 0.94 City StprMW 0I Witt JN PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad #74554 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 24th day of November 1991. One Time(s) $ 35.10 C�� �yd��'lhL,)�kl_ Business Office Secretary Subscribed and sworn to before me this 6th day of December , 1991. Qk4yCA \J1100AleiGUO Notary Public, Nueces County, Texas My commission expires on 4-24-93 . NOTICE OF PASSAGE OF OR- DINANCE 014 FIRST READING AUTHORIZING THE EXECU- TION OF A TEN YEAR LEASE AGREEMENT WITH NUECES COUNTY MHMR COMMUNI- TY CENTER FOR THE LEASE OF PROPERTY LOCATED AT THE NORTHWEST 100 FEET OF BLOCK 1002, BAY TER- RACE NUMBER 2; consider- ation to the City is one dollar per year beginning sixty days after the third reading. A copy of the lease is on file in the City Secretary's office. The ordinance was passed and approved on first reading by the City Coun- cil of the City of Cor- pus Christi, Texas on the 19th day of November, 1991. /a/ Armando Chaps a Ir e A 0 B e; H C ty Ti Bi of In In. Ta as 2' 21 f0