HomeMy WebLinkAbout022347 ORD - 09/12/1995AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A FIVE 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 $1.00 PER
YEAR, REMODELING THE BUILDING, AND OPERATING A
HEADSTART PROGRAM; AND PROVIDING FOR PUBLICATION.
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a five
(5) 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 $1.00, remodeling the building, and operating a
Headstart Program.
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.
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That the foregoing ordinance was read for the first time and passed to its second reading on this the
15 Day of 01/4A...t L % , 196x, by the following vote:
Mary Rhodes
Dr. Jack Besth4
Betty Black 1
Melody Cooper
Tony Heldenfels l�
That t
of {' v X\k y- , 19 :VD , by the following vote:
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
foregoing ordinance was read for the second time and passed finally on this the
Mary Rhodes
i d
Dr. Jack Best
Betty BlacklA.
Melody Cooper
Tony Heldenfels
PASSED AND APPROVED, this the 12 Day of
ATTEST:
OS --/VL
City Secretary
-78
APPROVED: /1 DAY OF /oiA
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
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Day
MAYOR �A
THE CITY OF CORPUS CHRISTI
, 1995 :
JAMES R BRAY, JR., CITY ATTORNEY
By: 1.46. ? l01 Pau ar
Alison Gallaway
Assistant City Attorney
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Nueces County Community Action Agency Lease
Zavala Senior Citizen Center
THE STATE OF TEXAS
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 additon 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 for five (5) years due and payable on effective date or date of completion of a
parking lot on said lots, whichever occurs first, and payable on that same date each succeeding year
of the Lease. The term "Facilities" shall collectively include the Property and any Improvements
thereon.
II. TERM
The term of this Lease shall be effective sixty (60) days after final Council approval and
continue for five (5) years, 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
Cotilmunity Development Act of 1974 as outlined in 24 CFR 570.200 to provide services primarily
to low and moderate income residents and individuals with disabilities and uses incidental thereto.
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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.
W. 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.
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 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 ftmds 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.
Lessee shall comply with Attachment C, "Retention and Custodial Requirements for
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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
from gross negligence or willful misconduct of Indemnitees.
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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.
X. REVERSION OF ASSETS
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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 five (5) years from the
effective date of this Lease.
In the event that the Facilities are not used to meet one of the national objectives for five (5)
years from the effective date 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 territs 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
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
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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.
B. 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
insurance, and property insurance as required by the City Manager.
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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 contacts 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. Hours of Operation. Facilities shall be operated so as to be open for use by the general
public during all normal hours of operation.
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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
, 1995.
CITY OF CORPUS CHRISTI Nueces Coun Community Action Agency
Juan Garza, City Manager
Joe A. Martinez
tive Director
APPROVED THIS 7TH DAY OF AUGUST, 1995:
JAMES R. BRAY, CITY ATTORNEY
Attorney
By:
orbert J. Hart, Assis
aid ice
Tina Cruz
Chairperson of the Board
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Location
Map
Old Zavais Senior.. Canter - 442 Mohawk Avenue
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PROJECT Z.AVAL_A
COMSALIblin'CENtarEFT
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad 59701
PO #
Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman,
who being first duly sworn, according to law, says that he is Vice -President and Chief Financial
Officer 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..NUECES COUNTY COMMUNITY ACTION AGENCY
FOR CITY OWNED PROPERTY CONSISTING OF A 4.254-SOUARE FOOT BUILDING
AND AN 11.200 -SQUARE FOOT PARKING LOT LOCATED AT 442 MOHAWK AVENUE
which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 20TH
day(s) of AUGUST. 1995.
ONE (1) Time(s)
c-) Vice -President and Chief Financial Officer
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Subscribed and sworn to before me this 28TH day of
AUGUST. 1995.
Ctv
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/97.
#v?i/ Oil
F10 Sunday, August 20, 1995 Corpus Christi Ines,
T NOTICE OF PASSAGE
OF ORDINANCE
ON FIRST READING
AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE
TO EXECUTE A FMF-VFAEI
LEASE WITH THE NUE
AC-
TION AG NCV F CITY
OWNED PROPERTY CON-
SISTING OF A 4,234 -SQUARE
FOOT BUILDING AND AN
11,200-SOUARE FOOT PARK-
ING LOT LOCATED AT 442
MOHAWK AVENUE (LOT 12,
BLOCK 23, MEADOW PARK
ADDITION, AN ADDITION OF
THE CITY OF CORPUS
CHRISTI RECORDED IN VOL-
UME 4, PAGE e2, OF THE
MAP RE OF NUECES
COUNTY, TEXAS), FOR A
NEW HEADSTART PROGRAM
FACILITY, IN CONSIDER-
ATION OF $1.00 PER YEAR,
REMODEUNQ_ THE BUILD-
ING, AND . OPERATING A
HEADSTART PROGRAM. The
ordinances seed and ap-
proved on lest ream by the
City. Coumid Ow Cly of Cor-
pus Christi an UW'151h day of
August, 1ee6.
.,`. Apt*mod° Chaps
City Secretary
City of Corpus Christ
hInTIre nc .,.nn...�
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PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad 122609
POS
Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman,
who being first duly sworn, according to law, says that he is Vice -President and Chief Financial
Officer of the Corpus Christi Caller-Timeg, 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. 022347...LEASE WITH THE NUECES COUNTY COMMUNITY
ACTION AGENCY which the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 17TH day(s) of SEPTEMBER. 1995.
ONE (1) Time(s)
$ 59.50
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Vice -President and Chief Financial Officer
Subscribed and sworn to before me this 29TH day of
SEPTEMBER. 1995.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/97.
11
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