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Home My WebLink About022510 ORD - 03/19/1996AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TEN-YEAR LEASE WITH THE CORPUS CHRISTI AREA GARDEN COUNCIL, INC. FOR THE USE OF THE GARDEN CENTER IN CONSIDERATION OF THE GARDEN COUNCIL, OR ITS MEMBER CLUBS, PROVIDING EDUCATIONAL OR RECREATIONAL PROGRAMS IN CORPUS CHRISTI ANNUALLY FOR THE TERM OF THE LEASE; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a ten- year lease with the Corpus Christi Area Garden Council, Inc. for the use of the Garden Center in consideration of the Garden Council, or its member clubs, providing educational or recreational programs in Corpus Christi annually for the term of the lease. 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. 96ag5000.860.vr January 31, 1996 022 %WOILMEU That the foregoing ordinance was read for the first time and passed to its second reading on this the L Day of 1-6101r1A0 {-1,-1 , 19 C1 , by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria Os - John Longoria akt Edward A. Martin Dr. David McNichols That the ``fo^r/'e,goi g ordinance wap read for the second time and passed finally on this the day of A/Vk , 19 p 4J , 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 McNichols PASSED AND APPROVED, this the NI Day of LAXYC.i'1 19 ('Ito . ATTEST: City Secretary APPROVED: tI DAY OF MAYOR THE CITY O CORPUS CHRISTI R , 19 JAMES R. BRAY, JR., CITY ATTORNEY By: Alison Gallawa r D Assistant City Attorney 96ag5000. 860.vr January 31, 1996 022310 GARDEN COUNCIL LEASE THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § WHEREAS, on November 21, 1963, pursuant to Ordinance No. 7085, the City of Corpus Christi, hereinafter called "City", and the Corpus Christi Area Garden Council, Inc., hereinafter called "Garden Council", entered into a contract which provided for the construction of a Garden Center by Garden Council, situated in the Corpus Christi, Nueces County, Texas, which Center then became the property of the City and the responsibility of the City to operate and maintain thereafter; and WHEREAS, said contract provided that Garden Council would be charged no rent for the use of the Center and the City would provide utilities comparable to the level of such service provided for similar activities at other City recreation centers. NOW THEREFORE, the parties, in consideration of the mutual covenants herein, agree as follows: 1. Term. City leases the Garden Center located at 5325 Greely Drive ("Center") subject to all of the terms and conditions of this Lease to the Garden Council. The term of this Lease shall be for a period of ten (10) years, beginning on the 61st day after final Council approval, which is ,1996, with the option to extend for an additional (10) year term upon the written request of the Garden Council and the approval of the City Manager, or his designee. 2. Premises. The lease premises shall consist of the Garden Center situated in Corpus Christi at 5325 Greely Drive, Corpus Christi, Nueces County, Texas. 3. Center Maintenance The City shall provide all maintenance, utilities, and janitorial service at the Garden Center. Such maintenance, utilities, and janitorial service, including operating and maintenance costs for the air conditioning systems, shall be comparable to the level of such service provided for similar activities at other City Recreation Centers. Council shall notify City in advance when they coordinate any landscaping, planting or grounds maintenance activities by the Council. 4. Monthly Rental Fee. The Garden Council shall have priority on the use of the Center for its activities sponsored by the organization and its member clubs, and no rental fee shall be charged therefor. 5. Consideration. As consideration for the use of the Garden Center, the Council will: A. Operate the Yard -of -the -Month Program in Corpus Christi. jb:H:ag27C0.070 1 B. Sponsor five gardening or educational programs per year open to the public which will be promoted through public service announcements submitted to all media. C. Host one flower show per year for the duration of the Lease. D. Continue the matching grants program to area schools and civic buildings with available profits from the publication of the Garden Book. E. Provide supplemental grounds maintenance within available Garden Council resources, under conditions of Section 3. F. Promote Arbor Day within the community. 6. Revenue. The City shall be entitled to receive all other revenues obtained from the rental of the Garden Center for other activities or to other organizations. 7. Scheduling Activities. A. The City will schedule all requests to use the Center and may use the Center for supervised recreation activities when not in active use by the Garden Council and its member clubs. General lease and use regulations applicable to other recreation centers shall also govern the use of this Center. B. The Garden Council, or any of its individual member garden clubs, will make reservations for the use of the Center through the City in the manner as all other organizations, except that the Garden Council, or any member club, shall have first priority for any date when their reservation has been made 90 days prior to the date concerned. The Garden Council, or any member club, or anyone else may reserve a date within the 90 -day period of the date, if it is still available for reservation. The Garden Council, or any member club, may designate regular meeting dates which shall, if regularly used, continue in effect until changed by the Garden Council. The City may also schedule activities on a regular date and time. 8 Exclusive Use A. The Garden Council and its member clubs shall have exclusive use of the following rooms in the Center - (1) library, (2) storage room, (3) small storage cabinet areas in kitchen and (4) Saera Loeb Room adjoining Library. Any change in the designation of exclusive areas will require the approval of both the City Council and Garden Council. B. The Garden Council will assist in providing office space for agents of the Texas Forest Service. C. The Garden Council shall have the right of ingress and egress to that portion of the Center assigned to its exclusive use. jb:H:ag2700.070 2 9. General Provisions A. The Garden Council may add to the Garden Center at some future date provided the plans and specifications are first approved by the Director of the City Park and Recreation Department and City Engineer. B. City has the right to implement changes to the building for security, safety and preservation of the building as deemed necessary. C. The Garden Council covenants that all its members and guests shall be treated equally without regard to or because of race, religion, national origin, sex, age, or disability and in compliance with all federal and state laws prohibiting discrimination in employment. D. The Garden Council will for the term of this Lease carry comprehensive general liability insurance in the amount of $100,000 per person for bodily injury or death, $300,000 per occurrence for bodily injury or death, and $50,000 for property damage to cover activities of the Garden Council, or its member clubs, in the use of the Center, and the City shall be an additional named insured. E. Garden Council ("Indemnitor") agrees to and shall indemnify and hold harmless the City of Corpus Christi, its officers, employees, and agents ("Indemnitees") from and against any and all liability, damages, loss, claims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with Garden Council's or its members', guests', or invitees' use of the Center pursuant to this Lease regardless of whether such injuries, death, or damages are caused, or are claimed to be caused, by the concurrent or contributing negligence of Indemnitees, but not by the sole negligence of Indemnitees unmixed with the fault of any other person or entity. F. This Lease contains all the provisions agreed upon by the parties hereto and replaces all previous verbal or oral agreements. This Lease shall be construed as a Lease concerning a gift to the City, and all of the improvements constructed thereon shall be the property of the City, and the further provisions of this Lease, concerning the right of use of improvements and parts thereof, shall be construed to be a Lease of the same. jb:H:ag27C0.070 3 G. Breach of any of the conditions during the term hereof by the Garden Council or the dissolution of said corporation, shall terminate this Lease and subject the same to cancellation by the City upon written notice, by certified mail, addressed to the Corpus Christi Area Garden Council, Inc., 5325 Greely Drive, Corpus Christi, Texas. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of 1995 . ATTEST: CITY OF CORPUS CHRISTI By By Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: hl DAY OF -=&.. 19942 Byb r.tita:_;c Assistant City Attorney Alison Gallaway Corpus Christi Area Garden Council, Inc. By: Mrs. Ann Lee McGolthin President jb:H:ag2700.070 4 Garden Council Lease Summary 1. Ten (10) year lease renewal, with one ten year option, for use of the Garden Center by the Corpus Christi Area Garden Council. The Garden Council shall not be charged a rental fee for use of the Center. 2. The City shall be entitled to receive all revenues from the rental of the Center. 3. Garden Council has priority use of the Center, however, Garden Council must reserve rooms at least 90 days prior to the date concerned to receive priority. The Garden Council may reserve a date within the 90 -day period of the date, if it is still available for reservation. 4. City staff will be responsible for booking the Center and operating recreation programs when available. 5. City is responsible for facility and grounds maintenance, utilities and janitorial service. 6. The Council will assist the City in the maintenance and care of the gardens with available funds. 7. The City's commitment to the Garden Council to replace or repair the Center using proceeds from insurance coverage has been deleted, since the City is now self insured. 8. Previous lease expired on August 12, 1995. The Garden Council is presently operating on a month-to-month basis. jb:H:ae2700.070 5 q,2DE.0 CL4/4 Cre. cailfresedia 1 pa ir 1 C 47La, DG %ce.4T/CK/ fraP ct W cc GREELEY DR. SITE PLAN SCALE /"=20' PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 458396 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-Timea, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, 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 FIRST READING ORDINANCE...TEN-YEAR LEASE WITH THE CORPUS CHRISTI AREA GARDEN COUNCIL. INC. which the annexed is a true copy, was published in the Corpus Christi Caller - Times on the 25TH day(s) of FEBRUARY. 1996. ONE (1) Time(s) $ 40.70 SiAh \L..feyt n *p1 "1st,, .S0 O• • y 1144 1E101110\111 0 64 No o goZ,5 j0 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 7TH day of MARCH. 1996. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. .31 N wi`m L• a Wu C coa08;7, !i oieg u-tE K 0-wa W o_ 5°caa =-m€ af!gl g. ' -§l Ia_;% cava `o ccu it 2 0 a LL PUBLISHER'S AFFIDAVIT State of Texas, ) County of Nueces, ) ss: AD# PO# CITY OF CORPUS CHRISTI TE18305 Before me, the undersigned, a Notary Public, this day personally came Beyerly Bennett , who being first duly sworn, according to law, says that she is Business _Office S-€gr€tary of the CORPUS CHRISTI CALLER TIMES , a Gaily newspaper published at mRPns Ca= in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of _N t;re_af_Passa9e-Qf Qrdinance No. 022510 Authorizing the City Manaq r or his designee execute a ten-year lease which the annexed is a true copy, was published in the CORPUS CHRISTI CALLER TIMES on the 24th of March, 1996. __j____ Time (s) Business Office Secretary La/IL Subscribed and sworn to before me the 3nth day of April, 196 Notary Public, Nueces Copy, Texas EDNA KOSTER Notary Public State of Texas Comm. Exp. 11-30-96