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HomeMy WebLinkAbout13037 ORD - 02/18/1976• jkh:2- 16 -76; 1st - 1 0 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR A TERM OF LESS THAN ONE YEAR WITH THE JUNIOR LEAGUE FOR RESTORATION AND RENOVATION OF THE EXTERIOR AND INTERIOR OF THE LICHTENSTEIN HOUSE AT 1617 NORTH CHAPARRAL, CONSISTENT WITH PLANS APPROVED BY THE LANDMARK COMMISSION OF THE CITY, AND FOR ESTAB- LISHMENT AND OPERATION BY THE LEAGUE OF A CREATIVE ARTS CENTER FOR ELEMENTARY SCHOOL CHILDREN AND TEACHERS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT,A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute a lease agreement for a term of less than one year with the Junior League for restoration and renovation of the exterior and interior of the Lichtenstein House at 1617 North Chaparral, consistent with plans approved by the Landmark Commission of the City, and for establishment and operation by the League of a Creative Arts Center for elementary school children and teachers, all as more fully set forth in the lease agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the aforesaid lease agreement, for the purposes outlined, at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction, but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the ho day of February, 1976. ATTTEES�T::® �TLJ1(��rCl. �• City Sec a ary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APP ED: DAY /O►F FEBRUARY, 1976: A tors ney � 1,9037 EC., ASS -'. City LEASE AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X This agreement of lease by and between the City of Corpus Christi, a municipal corporation, designated herein as Lessor, and The Junior League of Corpus Christi, Texas, designated herein as Lessee, W I T N E S S E T H: That the Lessor does by these presents lease and demise unto the said Lessee the following described property lying and being situated in the City of Corpus Christi.-Nueces County, Texas, to -wit: Lot five (5). Block seventy (70), Beach Portion, a subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by a map or plat thereof as recorded in the Map Records of Nueces County, Texas, including the improvements situated thereon, for a term of less than one (1) year, beginning on the date the lease herein is authorized by ordinance, and terminating upon the effective date of a similar lease between the parties, for a term of five (5) years, in considera- tion for which Lessor and Lessee covenant and agree to perform the following terms and conditions, to -wit: 1. Lessee shall institute a program of restoration of the structure known as the Lichtenstein House located on the above described land in accordance with the terms, conditions, and procedures as provided in Section 9 of Ordinance No. 12315. The restoration shall adhere to the plans and appearance of the original structure so far as it is possible to be ascertained by Lessee and so far as it is deemed economically and physically feasible. The restoration of the structure shall include the renovation of the interior and exterior of the building. 2. Lessee has engaged the architectural firm of Turner, Rome, Cotten 6 Associates, Inc., to plan, direct and supervise such restor- ation and renovation, which architectural firm is acceptable to Lessor. All expenses and fees paid to such architectural firm shall be paid by Lessee. If the services of such architectural firm should be terminated for any reason prior to completion of such restoration then Lessee shall engage a replacement architectural firm with knowledge and experience in historic restoration acceptable to Lessor. 3. Prior to commencing such restoration and renovation, the supervising architect shall submit restoration plans to the Landmark Commission of the City of Corpus Christi, Texas, for its approval and such approval shall be a prerequisite for the issuance of any building permit required by Lessor's Building Official. 4. Lessor shall maintain, at its expense, a policy of public lia- bility insurance with respect to the leased premises naming Lessor and Lessee as insureds and such policy shall provide minimum limits of One Fundred Thousand Dollars ($100,000) for injury or death of any one ,'person, Two Hundred and Fifty Thousand Dollars ($250,000) for injury or death of more than one person and Fifty Thousand Dollars ($50,000) property damage. 5. Lessor shall provide at its expense all usual utility services used upon the leased premises and regular janitorial services for the improvements, and shall maintain the building, grounds and landscaping of the leased premises in good condition and attractive appearance. -6. Lessee shall use and operate the Lichtenstein House in a manner substantially consistent with the use plan as previously approved by the Landmark Commission. Further, Lessee shall have the right to establish a Creative Arts Center in the Lichtenstein lIouse and to estab- lish and implement a program of creative art instruction and "in service" training in creative arts for elementary school teachers and art classes for elementary school children. Lessor further agrees that the responsi- bility for the organization and implementation of the Creative Arts Center will be assumed solely by Lessee and that said Creative Arts Center may be chartered as a nonprofit educational institution. Lessee's establishment of such Creative Arts Center and its program of instruction may be done in cooperation with the Corpus Christi Independent School District. 7. A cessation of the use by Lessee of the leased premises herein set forth or any use subsequently requested by Lessee and approved by the Landmark Commission, for a period exceeding 90 days shall constitute a default by Lessee. If default shall be made in the performance of any covenant, condition or agreement contained in this lease to be kept or -2- -3- performed by Lessee and such default or breach of performance shall continue for more than a reasonable period of time after written notice of such default or breach from Lessor to Lessee specifying such default or breach, then Lessor as its sole remedy may elect to terminate this lease and the term created hereby in which event Lessor shall be entitled to possession of the leased premises. 8. Upon completion of the restoration of the Lichtenstein House located upon the leased premises, Lessee shall make no structural alter- ations or additions to the improvements upon the leased premises without the prior written consent of Lessor. Lessee may make such nonstructural additions, alterations and improvements upon the leased premises deemed I necessary or desirable by Lessee and, upon termination of this lease, Lessee may, but shall not be obligated to, remove all such nonstructural additions, alterations and improvements. 9. All notices authorized or required under this lease and all demands made pursuant to it shall be deemed sufficiently given when posted by certified mail, postage prepaid, return receipt requested, I' with the U.S. Postal Service addressed to the party to whom directed at the address herein set forth or at such other address as may be from time to time designated in writing by the party changing such address: LESSOR: City of Corpus Christi City Hall Corpus Christi, Texas 78401 Attention: City Manager LESSEE: The Junior League of Corpus Christi, Texas 301 United Savings Building Corpus Christi, Texas 78411 10. Lessee shall not assign this lease without the prior written consent of Lessor; however; Lessee may sublet all or any portion of the leased premises without the Lessor's prior approval, to The Creative Arts Center, Inc. The Lessee shall have the right to authorize indi- viduals, groups of individuals, or organizations to use portions of the leased premises for a purpose or purposes for which the Lessee is herein authorized to use the premises. All of said use by said individuals or organizations shall be subject to and in accordance with the spirit and terms of this contract and shall be under the direction and supervision of the Lessee or the sub - lessee of the Lessee. The Lessee shall not -3- • enter for longer than ninety (90) days into any written contract or agreement, including any concession, contract or agreement, regarding the operation or use of the leased premises without the prior written consent- of the City Manager or City Council. In the ordinary course of providing or authorizing functions, programs and events under and in accordance with this contract, the Lessee may, without the prior consent thereto of the City Manager or City Council, enter into written contracts and agreements of a routine nature and of less than ninety (90) days duration, with such contracts and agreements being in accordance with and-subject to the terms and provisions of this contract. 11. Lessee may, in the absence of coverage by Lessor, maintain at its expense, fire and extended coverage insurance upon all improvements upon the leased premises. The proceeds from any such insurance policy paid for by Lessee shall constitute the property of Lessee, and Lessee, at Lessee's option, shall either have the right to apply such insurance proceeds to the repair and restoration of the leased premises or to retain such proceeds for its own use without their application to the repair or restoration of the leased premises. 12. Lessee may, at any time prior -to the completion of the restoration and renovation planned as approved by the Landmark Commission, terminate this Lease Agreement at its discretion upon written notice to Lessor as provided herein and Lessee shall have no further obligations hereunder. IN TESTIMONY WHEREOF, the parties to this agreement have hereunto set their hands in duplicate this the day of , ATTEST: City Secretary APPROVED: City Attorney ATTEST: Secretary LESSOR: CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager LESSEE: THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS By Mrs. Richard W. Sallee, President THE STATE OF TEXAS X COUNTY OF NUECES X • BEFORE ME, the undersigned authority, on this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY RAND AND SEAL OF OFFICE, this the day of 1976. Notary Public in and for Nueces County, Texas My Commission Expires: June 1, 1977 THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Mrs. Richard W. Sallee, President of The Junior League of Corpus Christi, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said The Junior League of Corpus Christi, Texas, a corporation, and that she executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER My HAND AND SEAL, OF OFFICE, this the day of , 1976, Notary Public in and for Nueces County, Texas Pty Commission Expires: June 1, 1977 CORPUS 74 CHRISTI TEXAS IDAT OF 4k• 19 ' O TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTIs TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SMALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL) 1, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LueY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE VOTE: