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
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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
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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: