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HomeMy WebLinkAbout022319 ORD - 08/15/1995AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A ONE YEAR LEASE WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR CITY OWNED PROPERTY CONSISTING OF A 4,254 -SQUARE FOOT BUILDING AND AN 11,200 - SQUARE FOOT PARKING LOT LOCATED AT 442 MOHAWK AVENUE (LOT 12, BLOCK 23, MEADOW PARK ADDITION, AN ADDITION OF THE CITY OF CORPUS CHRISTI RECORDED IN VOLUME 4, PAGE 52, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS), FOR A NEW HEADSTART PROGRAM FACILITY; IN CONSIDERATION OF PAYMENT OF $1.00, REMODELING THE BUILDING AND CONDUCTING A HEADSTART PROGRAM; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a one (1) year lease with the Nueces County Community Action Agency for City owned property consisting of a 4,254 -square foot building and an 11 ,200 -square foot parking lot located at 442 Mohawk Avenue (Lot 12, Block 23, Meadow Park Addition, an addition of the City of Corpus Christi recorded in Volume 4, Page 52, of the Map Records of Nueces County, Texas), for a new Headstart Program facility; in consideration of payment of $1.00, remodelilng the building and conducting a Headstart Program. 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 immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the (5 day of , 1995. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary MAYOR IS The City of Corpus Christi h:AG5000.755.skp u22319 APPROVED THIS THE DAY OF AL 19°1 S. JAMES R. BRAY, JR., CITY ATTORNEY By: Alison Gallaway Assistant City Attorney h:AG5000.755skp Corpus Christi, Texas /5 day of (UL11.,to , 19 'li 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 two 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, MAYOR THE CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David A. McNichols h:AG5000.755.skp CiAy CC - 022319 Nueces County Community Action Agency Lease Zavala Senior Citizen Center THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § WHEREAS, the City of Corpus Christi, Texas ("City") is the owner of real property known as 442 Mohawk, Corpus Christi, Texas 78405; and WHEREAS, the Nueces County Community Action Agency, a Texas nonprofit corporation ("Lessee"), desires to lease the real property of the City; NOW, THEREFORE, In consideration of the foregoing and the mutual promises herein contained, the City and Lessee agree as follows: I. FACILITIES The City does hereby lease, let, and demise to Lessee the Facilities, and all Improvements located or to be located thereon described as: Lot 12, Block 23 of Meadow Park Addition an addition to the City of Corpus Christi, Nueces County, Texas, recorded in volume 4, page 52, Deed Records of Nueces County ("Property"), together with all improvements located on or which may be constructed on the above described lots ("Improvements"); and for the consideration, and such other consideration as provided for by this Lease, of one dollar ($1.00) per year due and payable on August 15, 1995. The term "Facilities" shall collectively include the Property and any Improvements thereon. II. TERM The term of this Lease shall be effective upon final Council approval and continue for a period of not more than one (1) year until replaced by a long term lease, subject to the provisions concerning termination as stated herein. III. PURPOSE Lessee shall operate the Facilities exclusively to further the objectives of the Housing and Community Development Act of 1974 as outlined in 24 CFR 570.200 442 to provide services 95NH1431.304 / 8-7-95 NCCAA 1 Yr Lease - Zavala primarily to low and moderate income residents and individuals with disabilities and uses incidental thereto. Such uses shall at all times be in accordance with the Department of Housing and Urban Development (HUD), Community Development Block Grant (CDBG) regulations and all Local, state, and federal requirements and laws. IV. IMPROVEMENTS It is agreed and understood that Lessee will be responsible for furnishing and equipping the Improvements on the Facilities according to City standards. All personal property furnished by the 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, including without limitation 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 Facilities 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. VL 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 Development Act of 1974 (42 U.S.C.A. § 5309), as amended, which requires that no person shall on the grounds of race, color, national origin, religion 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. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 794 of Title 29 shall also apply to this Lease Agreement. 95NH1431.304 / 8-7-95 NCCAA 1Yr Lease - Zavala 2 Lessee shall comply with Attachment C, "Retention and Custodial Requirements for Records" to OMB Circular number A-110, 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 24 CFR 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 rules and regulations: 24 CFR 570, et.seq., including but not limited to Sections 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, the name and title of the person with the conflict and the nature of the conflict must be submitted to the City's Department of Community Development. VII. INDEMNIFICATION Lessee agrees that it will indemnify the City of Corpus Christi and the CCCIC and hold City of Corpus Christi and CCCIC harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against City of Corpus Christi and CCCIC on account of injury or damage to person 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 of Corpus Christi and CCCIC, its officers, employees, or agents, ("Indemnitees") acting pursuant to this agreement with the express or implied invitation or permission of Lessee, or on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Facilities being improved pursuant to this Agreement or when any such injury or damage is the result, proximate or remote, of the violation by, 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 of Corpus Christi and CCCIC or its designee, failure of the Improvements to the Facilities prior to completion and acceptance of the Improvements by City of Corpus Christi and CCCIC, failure of the Improvements to the Facilities to work as designed, failure of the Contractor or manufacturer to honor its warranties, failure of Lessee to maintain the Improvements to the Facilities, or the Facilities themselves. These terms of indemnification shall be effective upon the date of execution of this agreement and 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 95NH 1431.304 / 8-7-95 NCCAA IYr Lease - Zavala 3 from gross negligence or willful misconduct of Indemnitees. Lessee covenants and agrees that, in case the City of Corpus Christi and/or CCCIC shall be made a party to any litigation against Lessee or in any litigation commenced by any party other than Lessee relating to this Agreement and the Improvements to the Facilities contemplated hereunder, Lessee shall and will pay all costs and expenses, including reasonable attorneys' fees and court costs incurred by or imposed upon the City of Corpus Christi or CCCIC by virtue of any such litigation. VIII. COMPLIANCE WITH LAWS Lessee agrees that, in the operation of the Facilities and all programs offered by Lessee at the Facilities, Lessee 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 that Lessee will promptly comply with 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 Agreement, the 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 the 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. The party terminating this Lease Agreement must comply with 24 CFR 85.43 and 24 CFR 85.44 and all other provisions of this Lease Agreement providing responsibilities in the event of termination. 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 and Improvements thereto. If Lessee cannot refund all such money within thirty (30) days of the termination notice Lessee will vacate the Facilities 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 24 CFR 85.44. 95NH1431.304 / 8-7-95 NCCAA 1Yr Lease -Zavala 4 X. REVERSION OF ASSETS Lessee's Facilities shall be used to meet at least one of the national objectives of the Housing and Community Development Act, as set forth in 24 CFR 570.208, for the effective term of this Lease. In the event that the Facilities are not used to meet one of the national objectives for from the effective term of this Lease Agreement, then Lessee shall vacate the Facilities on thirty (30) days notice and any Improvements to the Facilities shall be disposed in such a manner that results in the City being reimbursed in the amount of the current fair market value of the parking lot less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvements to, the parking lot in accordance with 24 CFR 570.503. 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 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. XIV. RIGHT TO ENTER AND INSPECT The City reserves the right to enter the Facilities 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 have in force throughout the term of this Agreement comprehensive general liability insurance coverage with a personal injury endorsement in the minimum amount of $1,000,000 as aggregate liability and $100,000 for property damage or $500,000 per person/$1,000,000 per occurrence and $100,000 for property damage. The comprehensive general 9514111431.304 / 8-7-95 NCCAA I Yr Lease - Zavala 5 liability shall include a Contractual Liability endorsement. Said insurance policy shall name the City as an additional insured. A certificate to that effect will be provided to the City at least ten (10) days prior to start of construction. Lessee shall have in force throughout the term of this Agreement fire and extended coverage insurance in an amount sufficient to cover the replacement cost of the Facilities. Said insurance policy shall name the City as loss payee using a standard loss payee clause. A certificate to that effect will be provided to the City at least ten (10) days prior to start of construction. Lessee shall require its insurance policies to provide that the City Manager of the City of Corpus Christi shall be given thirty (30) days advance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies mentioned above. The insurer shall be subject to approval by the City. 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. Lessee shall provide City with certificates of insurance reflecting all the above coverages, and shall, upon request of City, promptly provide City with copies of all such insurance policies. Right to Re-evaluation and Adjust Limits. The City Manager, or his designee, shall retain the right to re-evaluate the insurance requirements and adjust the limits upon thirty (30) days written notice. Insurance limits shall be adjusted no more frequently than once a year. 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: A. Failure to operate the Facilities for the purposes set forth in Section III except during the periods necessary for repairs or renovation approved by the City in writing or except as otherwise contemplated by this Lease. 13. Failure to maintain Facilities, Improvements thereto and grounds. C. 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. D. Failure to abate any nuisance specified in writing by the City within a reasonable time specified in writing by the City. E. Failure to comply with any term of this Lease. F. Failure to have in effect policies of general liability insurance, workers' compensation 95NH1431.304 / 8-7-95 NCCAA 1 Yr Lease - Zavala 6 insurance, and property insurance as required by the City Manager. G. Dissolution of Lessee as a hospital district. II. Abandonment of the Facilities for thirty (30) days. I. 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 Section 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. 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 Agreement, this Lease Agreement 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 Agreement to be terminated. Either party may terminate this Lease Agreement as of the last day of any month upon thirty (30) days prior written 9519111431.304 / 8-7-95 NCCAA IYr Lease - Zavala 7 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: Lessor: Lessee: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: City Manager Nueces County Community Action Agency 2590 Morgan Street Corpus Christi, TX 78405 XX. TAXES Lessee shall pay any ad valorem taxes associated with the Facilities 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 Facilities. 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 Facilities and which, if unpaid, may by law, become a lien or encumbrance upon such Facilities and thereby impair or otherwise adversely affect the holding of such Facilities 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 Lessee with any other person, firm, corporation, association, or governmental entity. 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. 95N111431.304 / 8-7-95 NCCAA 1Yr Lease • Zavala 8 D. Hours of Operation. Facilities shall be operated so as to be open for use by the general public during all normal hours of operation. 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. EXECUTED in duplicate originals, this day of ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI Nueces Coun Juan Garza, City Manager APPROVED THIS 7TH DAY OF AUGUST, 1995: JAMES R. BRAY, CITY ATTORNEY By: , 1995. ommunity Action Agency Joe Martinez cutive Director �1 • %`J 7n -u -- Tina Cruz Chairperson of the Board bert J. Hart, Assist. 4 i Attorney 95N111431.304 / 8-7-95 NCCAA 1Yr Lease -Zavala 9 Old Zavala Senior: Canter - 442 Mohawk Avenue. 3 I 0 1 iso• 0 H NAVAJO S . COOYr1cft 1GGA.., Q5 City Or COrOW Cf, -1.21. PROJECT ZAVALA aciashasporr Ne- cE&TER