HomeMy WebLinkAbout021312 ORD - 12/31/1991AN ORDINANCE
AUTHORIZING THE EXECUTION OF A TEN 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
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 hereof,
marked Exhibit "A".
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance 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, word or provision of this ordinance for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
MfOFJLMED
0111311
MHMR LEASE
THE STATE OF TEXAS §
COUNTY OF NUECES §
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
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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.
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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.
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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.
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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) 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;
(b) workers' compensation insurance on all its employees as
required by state and federal law;
(c) property insurance in the amount of the full
replacement value of all buildings and improvements,
insuring against all risks as required by the City
Manager, or his designee;
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:
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(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.
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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-
That te foregoing ordinance was read forAhe first time and passed to its second reading
the (' G x'' day of / iJ 1 i -1 , 19 / , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
That the/1f regoing or
this theme day of
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
J!-,
L
r
ib
ice was read for th. /second time and passed to its third reading on
, 1St I , by the following vote:
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the foregoing„ ordinance yrs read for the third time and passed finally on this the 3 I
day of i ),Q C t i'v i/,(-QJt) , 19` I 1 , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
lit
PASSED AND APPROVED, this the
City Secretary
Edward A. Martin 2G'
Joe McComb (kL,
Dr. David McNichols itt
Clif Moss
Mary Pat Slavik 611
day of flP' _L. (Yl /J,19(f
MAYOR
THE CI
APPROVED: a` DAY OF 1 /h e , 19'7/ :
JAMES R. BRAY, JR.,n CITY ATTORNEY
By A (,U,0ctx&w , Assistant City Attorney
044
Off' CORPUS CHRISTI
PUBLISHER'S AFFIDAVIT
State of Texas, ) CITY OF CORPUS CHRISTI-
County
HRISTTCounty of Nueces 1 ss: Ad # 55004
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 SECOND READING"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 21st day of January 19 92 , and each
day thereafter for 0 consecutive day(s).
Times
37.80 Accounting Clerk
Su}�sGrib�ed , y Q orn to }before me this 21st day of January , 19�.
DEBRA VILLARREAL"
Notary Public, Nueces County, Texas
My commission expires on 4-24-93
..oiic
PUBLISHER'S AFFIDAVIT
Acct. #0053-1843B
State of Texas, 1 CITY OF CORPUS CHRISTI-
County
HRISTICounty of Nueces 1 ss: Ad # 81467
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 NO. 021312 AT1THORT7TNG"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 5th day of January 19 92 , and each
day thereafter for 0 consecutive day(s).
1 Times 2vLAccJA
$ 35.10 Accounting Clerk
Su c gybed -a rn to efore me this 9tb day Cf January , 192L.
OiCk
DEBRA VILLARREAL �;DEITiflAvH
r r y
Notary Public, Nueces County, Texas r My Corny! s.
My commission expires on 4-24-93
NOTICE Op PAS -AGE
NCE ON
AUTSHIPA0111G
MANAgr CITY
XEC
UTE A
TEN-YEAR LEASE
AGREE-
MENT WITH
CCES
Ol1NTy COMMUNITYAC-
TIONAGENCY FOR
PROPERTY LOIS STREET CANO HATED RN
MON AVENUE;
ND
PROVIDING FOR PUBLICA-
TION;
remuneration to
the City is one dolor
per year beginning sixty
days after the third
reeding; use of facility is to
as The or• HHe ede a opus.
and approved on second
reading by the City Coun-
cil of the City of Corpus
Christi, Texas on the 14th
day of January, 1992.
ArmCityarndo creteryChapa
Gley of Corpus Christi
waxy
of he Isola
le fils In he City
SsaretetY's otlloe.
The Qhillna tel d* AtIWd
end approved On nn
City
yCoun-
cil of tin City Cor-
pus CMsd, Tem on the
31st ds, , 1St
t@ si
PUBLISHER'S AFFIDAVIT
State of Texas, 1 CITY OF CORPUS CHRISTI
County of Nueces 1 ss: Ad # 54050
PO #
Acct. # 0053-1R438
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 READING"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 12th day of January 1992 , and each
day thereafter for 0 consecutive day(s).
1 Times
$ 37.80 Accounting Clerk
Sup16
e{ `ibd apd
—DE113RA UUVILLARREAALL
n to befpre
CV F'(L
me this 16th day of January . 1902.
Notary Public, Nueces County, Texas F i"\ „ 7i7EAL
My commission expires on 4-24-93 1 'ub
'RIVE' I , -.
NO. O<. GE
OF ON
F •' AWING
AUT • - THE CITY
MANA
TEN -Y LEASE AGREE-
. MEN/ " WITH NUECES
COUNTY COMMUNITY AC-
TION AGENCY FOR
PROPERTY LOCATED ON
MORRIS STREET AND HAR-
MON AVENUE; AN9
PROVIDING FOR PUBLICA-
TION; remuneration to
the City is one dollar
r per beyMeYfy_t alhy
1 nerve ilngfli'{ pPl tac ert is {
The ordinance wee camper.
and approved on first
reading by the City Council
of City of Corpus Christi,
1 Texas on the 7th day of Jenu-
f ary, 1992.
/s/ Armando Chile
^ City Secretary
0**Ceepus Christi