Loading...
HomeMy WebLinkAbout021423 ORD - 07/07/1992AN ORDINANCE AUTHORIZING THE EXECUTION OF A TEN (10) YEAR LEASE WITH THE BROOKS CHAPEL EARLY CHILDHOOD DEVELOPMENT CENTER, INC. FOR THE LEASE OF PROPERTY LOCATED ON LOTS 9, 10, 11, 12, AND 13, BLOCK "B," DIAZ ADDITION, TOGETHER WITH ALL IMPROVEMENTS LOCATED OR WHICH }IAY BE CONSTRUCTED ON SAID LOTS; 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 (10) year lease agreement with the Brooks Chapel Early Childhood Development Center, Inc. for the lease of property located on Lots 9, 10, 11, 12, and 13, Block "B," Diaz Addition recorded in Volume 1842, Page 952, Deed Records of Nueces County, Texas together with all improvements located or which may be constructed on said lots, a substantial copy of which 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. AG5000.122.kp 021423 migkelie) BROOKS CHAPEL EARLY CHILDHOOD DEVELOPMENT CENTER LEASE THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS ("City") is the owner of real property located at 1517 Winnebago and described as: Lots 9, 10, 11, 12 and 13, Block "B", Diaz Addition in Volume 1842, Page 952 of the Deed Records of Nueces County, Texas, together with all improvements including without limitation, building, playground and parking located or which may be constructed on the above described lots collectively "Facilities"; and WHEREAS, the Brooks Chapel Early Childhood Development 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 September 1, 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 final Council approval 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 day care facility for children of low and moderate income families at all times in accordance with Housing and Urban Development's (HUD) -1- EXHIBIT."A" 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 on 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, including without limitation any playground equipment, 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 AND 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 Lessee's 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 iri, 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 a 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 -3- completion and acceptance of the Improvements by City and Lessee jointly, 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 Facilities and all programs offered by Lessee at the Facilities, 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 Facilities and all programs offered by Lessee at the Facilities, 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 Facilities 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. Either party may terminate this Lease as of the last day of any month upon thirty (30) days prior written notice, so long as -4- 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 the Facilities improvements thereto and/or purchase of the Property. If Lessee cannot refund all such money within thirty (30) days termination notice Lessee will vacate the Property within said thirty -day termination notice period and 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 effective date 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 effective date of this Lease Agreement, then Lessee will vacate the Facilities on thirty (30) day notice. Reversion of Assets is not applicable to this Lease because the Facilities are owned by the City. 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). XIII. BREACH OF LEASE No assent, express or implied, by the City to any breach of any of Lessee's covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, 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) 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: -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 Facilities 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) Dissolution of Lessee as a nonprofit corporation. (8) Abandonment of the Property for thirty (30) days. (9) 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 -7- be entitled to its reasonable attorneys fees in any court action arising out of this Lease. 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 Brooks Chapel Early Childhood Development Center, Inc. 1517 Winnebago Street Corpus Christi, TX 78401 -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. -9- D. 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 City Secretary APPROVED: o4 day of Apyl f , 1992 BY: ` Citdl �a�7Q,�.�2uu Assistant C' y Attorney CONTRACTS91#2 brooks9l. Ise Juan Garza City Manager BROOKS CHAPEL EARLY CHILDHOOD DEVELO; MENT CENTER, INC. -10- Earl Coleman President That the foregoing ordinance was read for the first time and passed to its second reading the " L day of uY1e- , 19 c9Z,, by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria That the this the nt, aou Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik afrp regoing ordinance�h�as read for the„ second time and passed to its third reading on _ day of ( '11.- , 19 t/.Z, by the following vote: lit--) Edward A. Martin 71 1, Joe McComb (�� //U {t t '7_� Dr. David McNichols (_ 2 itt* Clif Moss __ _ Mary Pat Slavik Oil Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria That the foregoing ordinance j.s read for the third time and passed day of p{ �' , 19& , by the following vote: Mary Rhodes Lit --1_ Cezar Galindo Leo Guerrero l' Betty Jean Longoria 1-1/1_ PASSED AND APPROVED, this the Ti A I 'EST: C� ity Secretary Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik finally on this the 19gA r1 YOR THE CITY OF CORPUS CHRISTI APPROVED. DAY OFL'-( ( , JAMES R. BRAY, JR., CITY ATTORNEY 044 Assistant City Attorney 021423 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI Ad #55951 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, 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. 021423 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 12th day of July 1992. One Time(s) Business Offic $44.95 " kIfei:.",." CITY aF CDMUS CHR�TI NOTC OF PASSAGE OF OR- DINANCE NQ 021423 Subscribed and sworn to before me this 27th day of AUTHE HORIZING EN OOK TOEYEAR July, 1992. LEASE Wahl THE BROOKS CHAPEL EARLY CHILDHOOD / DEVELOPMENT CENTER, I / `J / PROINC.PERTY 1 LOCATED, THE ON lli(A /`I( („ LOTS S,R 11,12,AND OF Notary Public, Nueces County, Texas TOGETHER DIAZ WITHDITIAON, IPROVEMENTS LOCATED OR WHICH MAY BE CON- STRUCTED ON SAID LOTS; AND PROVIDING FOR PUBLI- CATION, term of the lease agreement shall be for ten years and rent.forrKw •proper- tY AA copy of the lease 1 on file in the City Secretary's of- fice. The ordinance was passed and approved en third reading by the City Council of the City of Corpus Christ,, Texan on the- Tth !ay m Ai* 1992. /s/Armasido City Secretary City of Corpus Christi PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI Ad #82077 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, 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 Welts, 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 THE EXECUTION OF A TEN YEAR LEASE WITH THE BROOKS CHAPEL EARLY CHILDHOOD LDEVELOPMENT CENTER, INC. which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 10th day of June, 1992. One Time(s) $44.95 (�: / j t 29� ./ e Secreta Business OfficSecretary Subscribed and sworn to before me this 29th June, 1992. (1;4)6:A c Lk Notary Public, Nueces County, Texas My commission expires on 4-24-93 . DERF91 v!Ll ^ iDEA Notary P:r_y State of lex, MY Comm. Exp. 4-24-33 nS nmake awl ,n the best in - is terest of thischool. NOTICE OF PASSAGE OF OR- DINANCE ON FIRST READING 9- AUTHORIZING THE EXE -CU - TION OF A TEN 110) YEAR S• LEASE WITH THE BROOKS rL CHAPEL EARLY CHILDHOOD e- DEVELOPMENT CENTER, INC. rY FOR HE LEASE OFOPROPER- day of LOTS a% 9,10,11.12 AND 13, BLOCK 'B,- DIAZ ADDITION, • TO - as GETHER WITH ALL he IMPROVEMENTS LOCATED ns OR WHICH MAY BE CON - ^a STRUCTED ON e D LOTS; AND PROVIDING SFOR PUBLI- d1- CATION, term of the lease be agreement shell be for ten e- yawillebbee rent for year- 5.11 the ea per - 3i11 A copy of the lease is on er• file in the City Secretary's of- fice. rid The ordinance was passed .S and approved-yn first reading by the City Council of the City ,,er of Corpus Christi, Texas on er the Znd day of June, 1992. to /s/ Armando Chapa to City Secreted t9 ,,j;�t of Corpus Christ a- -t.-. nr_c1r�G PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad #78865 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, 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 Welts, 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 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 14th day of June 1992. One Time(s) �n /,.� '— -1 Business Office/Secretar/r $ 47.85 NOT PASSAGE OF Sr READINCENGON AUTHOl16 .THE EXECU- TION -OR A N (10) YEAR Subscribed and sworn to before me this 1st day of CEASEEBROOKS CHAP(L� Y V CNILDHOOD y Jul, 1992. DOR'Tf1[k)EASEOF ROPER - TY LOC TED ON LOTS 9,10,11,12 AND 13, BLOCK -IV DIAZ ADDITION, TO- GETHER WITH ALL IMPROVEMENTS LOCATED OR WHICH MAY BE CON- STRUCTED ON SAID LOTS; AND PROVIDING FOR PUBLI- CATION, term of the lease agreement shall be for ten efwsa years and rent for the proper- ty will be $1.00 per year. DEBRP !4L . A copy of the base is on �' file in the City Secretary's r- Slice.tate c' The ordinance was passed Comm. Exp. 4; 93 and approved on second reading by the City Council of the City of Carpi* Christi, Texas on the 9d1 day of June, 1992. /s/ Arman Owe City N Ceases Chitcti Iii n(I<;(_ Notary Public, Nueces County, Texas My commission expires on 4-24-93 .