HomeMy WebLinkAbout13038 ORD - 02/18/1976jkh:2- 16 -76; 1st
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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 SIDBURY HOUSE AT
1619 NORTH CHAPARRAL, CONSISTENT WITH PLANS APPROVED
BY THE LANDMARK COMMISSION OF THE CITY, FOR ESTABLISH-
MENT AND MAINTENANCE OF ADMINISTRATIVE OFFICES ON THE
SECOND FLOOR, AND FOR USE OF THE FIRST FLOOR AS
MEETING ROOMS FOR NONPROFIT ORGANIZATIONS, UNDER THE
TERMS AND FOR THE PURPOSES AND CONSIDERATION 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
Sidbury House at 1619 North Chaparral, consistent with plans approved by the
Landmark Commission of the City, for establishment and maintenance of
administrative offices on the second floor. and for use of the first floor
as meeting rooms for nonprofit organizations, under the terms and for the
purposes and consideration 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
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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 day of February, 1976.
AT
APIED:
DAY OF,.bEBRUARY, 1976:
rnc.'ASSP, City Attorn
1
MAYOR
HE CITY OF CORPUS CHRISTI, EXAS
13 ®38
LEASE AGREEMENT
THE STATE OF TEXAS x
COUNTY OF NUECES I
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 six (6), 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 Hap.Records of Nueces
County, Texas, including the 4.mprovements 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:
I. Lessee shall institute a program of restoration of the structure
`"known as the Sidbury Howse located on the above described land in accord-
ance with the terms, conditions, and procedures -as provided in Section
9 of Ordinance No. 12375. 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 physi-
rally feasible. The restoration of the structure shall include the ren-
ovation of the interior and exterior of the building.
2. Lessee has engaged the architectural firm of Turner, Rome,
Cotten & Associates, Inc., to plan, direct and supervise such restoration
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 ter-
minated for any reason prior to 'completion of such restoration then Lessee
shall engage a replacement architectural firm with knowledge and expe-
rience in historic restoration acceptable to Lessor.
3. Prior to commencing such restoration and renovation, the
supervising architect shall submit restoration plans to the Landmark
7 •.A h
mission 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.
k. Lessor shall maintain, at its expense, a policy of public
liability insurance with respect to the leased premises naming Lessor
and Lessee as insureds and such policy shall provide minimum limits
of One Hundred 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 agrees, in consideration of Lessee's restoration of
'the herein described structure, that Lessee shall have the right to
establish and maintain its administrative offices on the second floor
of such Sidbury House.
b. 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.
7. Lessee shall use and operate the Sidbury House in a manner
substantially consistent with the use plan as previously approved by
the Landmark Commission. The first floor of the Sidbury House shall be
available for use as meeting rooms for nonprofit organizations and
shall be maintained open to the public for a minimum of 8 hours per week
with such schedule of visitation hours subject to approval by the Land-
mark Commission.
8. 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 performed by Lessee and such default or breach of performance shall
continue for more than a reasonable period of time after written notice
i
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
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�nd the term created hereby in which event Lessor shall be entitled to os- •
y pos-
session of the leased premises.
9. Upon completion of the restoration of the Sidbury House
located upon the leased premises, Lessee shall make no structural
alterations 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 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.
10. 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
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 to 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
11. Lessee shall not assign this lease without the prior written
consent of Lessor. 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 di-
rection and supervision of the Lessee. The Lessee shall not 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
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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 Jura-
tion■ with such contracts and agreements.being in accordance with and
subject to the terms and provisions of this contract.
.12. -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.
13. Lessee may, at any time prior to the completion of the restora-
tion 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
19
DAY OF , 1976
City Attorney
LESSEE
ATTEST: THE JUNIOR LEAGUE OF 'CORPUS CHRISTI, TE]CAS
By
Secretary Mrs. Richard W. Sallee, President
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4
WE STATE OF TEXAS
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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 BAND AND SEAL OF OFFICE, this the day of
19
Notary Public in and for Nueces County,
Texas
My Commission Expires:
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'instrime*+t 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
19
Notary Public in and for Nueces County,
Texas
My Commission Expires:
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CORPUB CHRISTI, TEXAS
DAY OF , i)
TO THE NEI+BERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
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; I, 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,
YOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
JASON LUSY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GAeE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY
JASON LueY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
VOTE:
VOTE: