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Home My WebLink About025655 ORD - 02/17/2004Page I of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A THIRTEEN YEAR RENEWAL AND EXTENSION LEASE WITH CORPUS CHRISTI AREA COUNCIL FOR THE DEAF, INC. TO CONTINUE MAINTAINING AND OPERATING A FACILITY FOR DEAF PERSONS ON A PORTION OF MT. VERNON PARK; PROVIDING FOR ONE TEN YEAR AUTOMATIC EXTENSION OF THE LEASE; PROVIDING FOR TERMINATION UPON ONE (1) YEAR WRITTEN NOTICE BY EITHER PARTY; AND PROVIDING FOR PUBLICATION. Whereas, the Corpus Christi Area Council for the Deaf, Inc. ("Council for the Deaf"), a Texas nonprofit corporation, is organized exclusively for the charitable purpose of providing services to deaf persons; Whereas, the City originally leased a portion of Mt. Vernon Park ("the land") to the Council for the Deaf for a ten (10) year term beginning March 1, 1983, by lease dated February 4, 1983 ("1983 Lease"); Whereas, in 1991 the Council for the Deaf requested a revision of its 1983 Lease agreement in order to incorporate Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations; Whereas, the City by "Lease Agreement Amendment" dated December 29,1991 ("1991 Lease") (authorized by City Council Ordinance No. 021272 dated October 29,1991), revised and extended the 1983 Lease for a period of ten (10) years beginning December 29, 1991, and ending on July 14, 2001; Whereas, the City found and determined that the lease amendment dated December 29, 1991, would further the popular enjoyment of the land as a park and was consistent with the goal established by the City to extend public recreation services to a broad spectrum of the population; WHEREAS, with proper notice to the public under Chapter 26 Tx Parks and Wildlife Code, a public hearing was held on the 13th day of January 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard regarding the proposed renewal and extension of the lease to Council for the Deaf of a portion of Mt. Vernon Park ("the land"); WHEREAS, the City Council under Chapter 26 Tx Parks and Wildlife Code finds that there is no feasible and prudent alternative to the lease of the land to the Council for the Deaf and the lease authorized by this ordinance includes all reasonable planning to minimize harm to the land as a park and as a recreational facility; and Whereas, the City finds and determines that the 1991 Lease should be renewed and extended by the lease authorized by this ordinance; and the land shall be considered to have been continuously leased to Lessee under the terms of the 1991 Lease from the ~:\LEG-DIR\DoyleD.Curtis\MYDOC S~2003~LEASE.ORD\CCCouncl,Deaf. Lease. 111803DC.Ord.doc Page 2 of 3 beginning of the 1991 Lease until the beginning of the lease authorized by this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a renewal and extension lease of approximately thirteen years with Corpus Christi Area Council for the Deaf, Inc., a non-profit corporation, to maintain and operate a facility on a portion of Mt. Vernon Park. A copy of the lease is attached as Exhibit A and a copy of the lease shall be filed with the City Secretary. SECTION 2. The lease begins on the 61st day after final City Council approval of this ordinance and will have a primary term of ten (10) years. The lease recites that the land shall be considered to have been continuously leased to Lessee under the terms of the 1991 Lease from the beginning of the 1991 Lease until the beginning of the lease authorized by this ordinance. The lease shall automatically extend for an additional term of ten (10) years. The lease may be terminated at any time by either party giving the other party a one (1) year written notice of termination. SECTION 3. 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. · I:\LEG-DIR\DoyleD.Cudis\MYDOCS~2003\LEASE.OR D\CCCouncI.Deaf. Lease. 111803DC.Orddoc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 13th day of January, 2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret William Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero the Ir~th day of February, 2004, by the following vote: Melody Cooper ~ Henry Garret ~ PASSED AND APPROVED on the I'r) th day of February, 2004. William Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Secretary /Samuel L. N'e~, Jr Mayor, The City of Corpus Chnsb A,~~November 2003 Doyle E~urtis Chief, A~ministrative Law Section Senior Assistant City Attorney For City Attorney 4:\LEG-DIR\DoyleD.Curtis\MYDOCS~2003\LEAS E.O R D\CCCouncI,Deaf. Lease. 111803DC.Ord,doc Page 1 of 7 LEASE AGREEMENT AMENDMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OFNUECES § This Lease Agreement is by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter "City"), and the Corpus Christi Area Council for the Deaf, Inc., a non-profit corporation (hereinafter "Lessee"). WITNESSETH: WHEREAS, the Lessee is organized exclusively for the charitable purpose of providing services to deaf persons; WHEREAS, in 1991 Lessee requested a revision of its 1983 Lease agreement in order to incorporate Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations; WHEREAS, the City originally leased the Premises to Lessee for a ten (10) year term beginning March 1, 1983, by lease dated February 4, 1983 ("1983 Lease"); WHEREAS, the City by "Lease Agreement Amendment" dated December 29,1991 ("1991 Lease") (authorized by City Council Ordinance No. 021272 dated October 29, 1991), revised and extended the 1983 Lease for a period of ten (10) years beginning December 29, 1991, and ending on July 14, 2001; WHEREAS, the City found and determined that the lease amendment dated December 29, 1991, would further the popular enjoyment of the park property and was consistent with the goals for public recreation established by the City to extend these services to a broad spectrum of the population; WHEREAS, the City has found and determined in the ordinance authorizing this lease that the 1991 Lease should be extended by this lease; and the Premises shall be considered to have been continuously leased to Lessee under the terms of the 1991 Lease from the beginning of the 1991 Lease until the beginning of this lease; and WHEREAS, the City Council held a public hearing on the 13th day of January 2004, and complied with the requirements of Chapter 26 of the Texas Parks and Wildlife Code regarding the use of park lands. NOW, THEREFORE, in consideration of the premises, covenants and conditions in this Lease, the City and Lessee mutually agree as follows: ~:\LEG-DIR\DoyleD.Curtis\MYDOCS~2003\LEASES\I 11803DC,CCCouncI.Deaf.doc Page 2 of 7 Section I. The City grants, leases and demises unto Lessee and Lessee rents and leases from the City the following parcel of real property located in Corpus Christi, Nueces County, Texas ("Premises"): A site having the dimensions of 157.3 feet by 121.5 feet, consisting of .44 acres, more or less, located on the north and east portion of a tract known as Mt. Vernon Park. The site and park are more fully described in the attached Exhibit "A". Section 2. a. The primary term of this Lease shall be ten (10) years beginning sixty one (61) days after final adoption by City Council of the ordinance authorizing this Lease and ending on the day of ,2014; and when the primary term begins the Premises shall be deemed continuously leased under the 1991 Lease from the beginning of the 1991 Lease until the beginning of this lease. b. At the end of the primary term, this Lease shall be automatically extended for an additional ten (10) year term; provided, however, that either party may terminate this Lease at any time upon giving the other party one year's written notice in advance of intention to terminate. Section 3. Lessee shall operate the Premises exclusively for the following purpose and uses incidental thereto: To further the primary objective of the Act as outlined in Federal Register 24CFR 570.200 and to provide safe and sanitary public facilities for handicapped individuals; and to further provide additional services to help the deaf and hearing impaired person to live as independently as possible in the hearing world and at all times in accordance with Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations. Section 4. Lessee constructed the building on the Premises in 1983. Lessee constructed improvements to the building in 1991 and 2001 using CDBG funds allocated to Lessee. Section 5. Lessee shall be responsible for furnishing and equipping the building and City has no obligation to furnish any equipment or furnishings for Lessee. All personal property furnished by Lessee or donated by others on behalf of Lessee shall remain the property of Lessee unless specifically donated to City. ~:\LEG-DIR\DoyleD.Curtis\MYDOCS~2003\LEAS ES\I 11803DC.CCCouncI.Deaf.doc Page 3 of 7 Section 6. Lessee agrees to maintain the Premises during the term of this Lease in a clean and attractive appearance. Lessee shall be responsible for all costs of maintenance, utilities and the collection and removal of any trash or rubbish from the Leased Premises. At the expiration of the term of this Lease, or any extension thereof, Lessee shall release and deliver unto the City the Premises and all facilities included thereon in reasonably sound condition, normal wear and tear excepted. Lessee may remove at its own expense any supplies, furniture or equipment which are not classified as fixtures and which may be removed without damaging the remaining improvements. Section 7. a. Operation Records. Lessee will provide access to the documentation of clientele being benefited by the Facilities and the activities being carried out in the Facilities which pertain to the operations of the Facilities and all obligations pursuant to this Agreement, including all information on matching funds, if any, during regular business hours for the purpose of City and/or HUD conducted audits or monitoring. b. Equal Participation Documentation. 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. c. Information and Reports. Lessee shall provide any information, reports, data and/or forms pertinent to this Agreement as the Director of Housing and Community Development for the City may from time to time request for the proper administration of this Agreement. d. OMB Circular A-110. Lessee shall comply with the following attachment to OMB Circular number A-110: Attachment C, "Retention and Custodial Requirements for Records", except, 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 pefiormance and evaluation report, as prescribed in Section 570.507, in which the specific activity is reported on for the final time; e. Compliance Documentation. 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: 5770.610 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. ~:\LEG-DiR\DoyleD.Curtis\MYDOCS~2003\LEASES\I 11803DC.CCCouncI.Deaf.doc Page 4 of 7 Section 8. Lessee agrees that in operation of the Premises and all programs offered by Lessee at the Premises 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 Premises and all programs offered by Lessee at the Leased Premises, 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 Premises during the term of this Lease Agreement, at Lessee's sole expense and cost. Section 9. Lessee agrees that in the conduct of programs a non-discrimination policy will apply, and that the Premises may be utilized by the public in accordance with reasonable scheduling requirements on a first come, first served basis. Lessee may charge fees for rooms and use of the Premises facilities and may conduct instructional classes for fees. All of the fees and charges shall be reasonable in keeping with charges and fees assessed at other recreation centers within the City and must be first approved by the City. Section 10. Lessee shall be reimbursed for the fair market value of Lessee's improvements if Mt. Vernon Park is sold or conveyed during the ten (10) year lease term, or extension thereof. Section 11. Lessee agrees that no changes in programs, plans or fee schedules may be implemented without first obtaining the prior approval of the City Manager. Section 12. Lessee agrees to secure and maintain throughout the term of this Lease, or any extension, at Lessee's expense, the following policies of insurance: (1) Workers' Compensation insurance, or the approved equivalent, covering all employees of Lessee engaged in any work at or on the Leased Premises. (2) Insurance policies providing fire, vandalism, malicious mischief and flood coverage for all improvements constructed on the Premises in an amount sufficient to replace said improvements. (3) Comprehensive general liability insurance in the amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death to any one person, Five Hundred Thousand Dollars ($500,000) for bodily injury or death for any one occurrence, and One Hundred Thousand Dollars ($100,000) for property damages. ~:\LEG-DIR\DoyleD.Curtis\MYDOCS~2003\LEASES\I 11803DC.CCCou ncl. Deaf. doc Page 5 of 7 The policies of insurance shall name the City as an additional insured by their terms and shall contain provisions that they cannot be cancelled, allowed to lapse, or materially changed unless ten (10) days' notice of shall first have been served upon the Director of Park and Recreation. Lessee shall promptly provide copies of all insurance policies upon City's written request. Certificates of insurance for all policies shall be furnished to the Director of Park and Recreation prior to any construction activities pursuant to this Lease Agreement and maintained at all times throughout the term of this Lease Agreement. Section 13. Lessee shall indemnify the City of Corpus Christi against any and all losses, claims, demands, and defend any suit or action for damage of every kind and character made against the City of Corpus Christi based on personal injury of any person, including death and for loss of or damage to property of any person, whether caused by the City of Corpus Christi and Lessee or however same may be caused, growing out of any act, occurrence or omission, or incident to or resulting from the performance, or failure to perform the work or the provisions of this Agreement. Section 14. Lessee shall not sublet or assign this Lease, or any part thereof, without the prior written consent from Lessor. Section 15. Lessee agrees to pay the costs of newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 16. Lessee shall pay any ad valorem taxes associated with the Improvements or the Premises which may be levied during the term of this Lease Agreement 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 Leased Premises. Lessee shall from time to time, duly pay and discharge or cause to be discharged or to be paid, when the sum becomes due, all taxes, assessments, and other government charges which are lawfully imposed upon the Premises and which, if unpaid, may by law, become a lien or encumbrance upon such Premises and thereby impair or otherwise adversely affect the holding such Premises for the use set out in this Lease Agreement. This Lease Agreement constitutes the entire agreement of the parties. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the __ day of ., 2004. ~:\LEG-DIR\DoyleD.C urtis\MYDOCS~003\LEASES\I 11803DC.CCCouncl Deaf. doc Page 6 of 7 LESSEE: Corpus Christi Area Council for the Deaf, Inc. By: Susan S. Tiller Executive Director THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2004, by Susan S. Tiller, Executive Director of Corpus Christi Area Council for the Deaf, Inc., a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date: ~:\LEG-DIR\DoyleD.Curtis\MYDOCS~003\LEAS ES\I 11803DC CCCouncI.Deaf. doc Page 7 of 7 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager AP/t~ROVED,,~S T/~ LEGAL FDRM: 18 November, 2003. boyle ~;rCu rtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,2004, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home rule Municipal Corporation, on behalf of the corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date: ~:\LEG-DIR\DoyleD.Cudis\MYDOCS~2003\LEASES\I 11803DC.CCCouncl. Deaf doc PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS: CITY OF CORPUS CHRISTI Ad # 4759996 PO # Before me, the undersigned, a Notary Public, this day personally came Hinoiosa, who being first duly sworn, according to law, says that she is Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City 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 UNDER TEXAS PARKS AND which the annexed is a true copy, was inserted in thc Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 21ST, 28TH day(s) of DECEMBER, 2003. $177.58 FOUR (4) Time(s) Credit Manager Subscribed and sworn to me on the date of DECEMBER 29, 2003. Notary Public, Nucces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Chr~ti Caller-Timei S .un~, December 21,2003/F3 UNDER Ti~lm plrlm end WIIdllla Coda 2e.OOl and 26.002 haedng during [he Council meeting, of City Hell, I~1 Leopard 8treat, 1~1 L~,osmJ~, coqxm UNDE~ T~I~ Pad~ and WIIdll{e Code 2~.001 and halting during Council milling, o{ ~ Hall, 1~1 I~- II~ D~d I~ ML Veme~ p~k- ~ State of Tex~ .t[k~l -9 ~i cj: [ I } County of Nueces } PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 4766654 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City 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 UNDER TEXAS PARKS AND which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 4TH day(s) of JANUARY, 2004. $102.40 TWO (2 } Time(s) Credit Manager Subscribed and sworn to me on the date of JANUARY 05, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. of City H-II, 1201 The headng 18 to determine ~ T~l. PUBLISHER'S AFFIDAVIT State of Texas County of Nueces CITY OF CORPUS CHRISTI Ad # 4779778 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City 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 ORDINANCE ON which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 18TH day(s} of JANUARY, 2004. $96.40 TWO (2 } Time(s) Credit Manager Subscribed and sworn to me on the date of JANUARY 19, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES N]~'i~ or Type Name of Notary Public · ~ .... 591qI~'Ir6mmission expires on 04/23/05. ;6/Corpus Christi Caller-Times, Sunday, January 18, 2004 OF ORDINANCE ON FIRST READING Aulh~dzing the CE'/ Manager or his State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT SS; CITY OF CORPUS CHRISTI Ad # 4814104 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Dural, 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. which the annexed is a true copy, ~vas inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 22ND day(s) of FEBRUARY, 2004. $93.60 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of FEBRUARY 23, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. .C~/Corpus Christi Caller-Times, 2OO4 'i NOTICE OF PASSAGE OF ORDtNANCE NO. / 025655 Authorizing the City I Manager or hisl designee to execute a thi~tsen-year Renewal and Extension Lease with the Corpus Christi Area CounCil for the Deaf, inc. to continue ms ntaining and operating a faciitty for deaf persons on an po~on of Mt. verno Park; providing for one, ten-year automatic extension of the lease; and providing for t term nation upon one ~ 1 ) year written notice by, either party. This ordinance was passed [ and approved by the ~ City Council of the Cit'/ ,1 of Co pus Christi on its second reading on ~ February 17,2004. 3 cr~ Secre~r~ [[ of