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HomeMy WebLinkAbout13038 ORD - 02/18/1976jkh:2- 16 -76; 1st • 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 • 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 -2- �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 -3- 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 -4- 4 WE 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 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: -5- 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: