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HomeMy WebLinkAbout13087 ORD - 03/24/1976• jkh:2- 16 -76; 1st • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE -YEAR LEASE AGREEMENT 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 "; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a five -year lease agreement 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. Publication of the full text of the ordinance and lease agreement shall be made within five (5) days after the date of first reading in regular Council meeting, within five days after the second reading, and finally within the five days after the final reading,in the official publication of the City of Corpus Christi. 13087 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 the term of five (5) years beginning sixty (60) days after the date of execu- tion hereof, in consideration 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 =4 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 & 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. &1V- "A - • 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 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 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 House 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 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, 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: :a 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 Itanager 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 , 19 ATTEST: LESSOR: CITY OF CORPUS CHRISTI City Secretary By APPROVED: R. Marvin Townsend, City Manager City Attorney LESSEE: THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS By Mrs. Richard W. Sallee, President ATTEST: Secretary 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 HAND 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 My Commission Expires: June 1, 1977 JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT T7: ORDI FINALLY ON THIS 7NE �2V ••+- DAY O. JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, Till ATTEST: CI SECRE ARY AP jpVED; dd DAY OF 174 4 , M 9 ?6. EXEC., ASST., CITY ATTORNEY NE T IRD TIME AND PASSED M97 BY THE FOLLOWING VOTE: r -MAYOR CITY OF CORPUS CHRISTI, TEXAS THAT THE FOREGOING ORDINA t Y READ FOR TH FIRST TIME A D TO ITS SECOND READING ON THIS THE DAT OF Mi PASSED FOLLOWING VOTE: BY 7HE JASON LUBY %P• BILL TIPTON EDUARDO DE ADES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE WAS TO ITS THIRD READING ON AD FOR S COND TIME AN PASSED THIS THE AY FOLLOWING VOTE: OF % M9+1' BY THE JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT T7: ORDI FINALLY ON THIS 7NE �2V ••+- DAY O. JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, Till ATTEST: CI SECRE ARY AP jpVED; dd DAY OF 174 4 , M 9 ?6. EXEC., ASST., CITY ATTORNEY NE T IRD TIME AND PASSED M97 BY THE FOLLOWING VOTE: r -MAYOR CITY OF CORPUS CHRISTI, TEXAS division of Me City of Corpus Commission. Further, Lessee 10. Lessee shall not assign this By— Christi, Nueces Canty Texas, shall have Me right to oli llsh lease without the prior written R. Marvin Townsend as shown by a map or plat there a Creative Arts Center in the consent of Lessor; however, City Manager NOTICE OF FIRST READING of as recorded In the Map fir - Lichtenstein Houseand to estab Leggy may sublet all or any APPROVED: OF PASSAGE OF AN ORDI- cads of Nueces Candy, Texas, fish and Implement a program Ims NANCE: Including the Improvements sit- ot creative art Instruction and pet a1 the leased Prom AN ORDINANCE uated thereon, "In service" training lncreative proval, the The prior Al AUTHORIZING THE CITY for the term of five (5) Years& arts for elementary school naval, fo Tha Creative rta -- . MANAGER TO EXECUTE A ginning sixty (60) days after the teachers and art Gasses for ele• Center,lrlc. The Lessee 9111111 City Attorney FIVE-YEAR LEASE AGREE- date at execution hereof, In con- mentary schoolchildren. L8530I have the right to authorize Indl- LESSEE: MENT WITH THE JUNIOR slderatin for which Lessor and Further agrees that the respmsl- vldWls, preps d IhdlvWUels, THE JUNIOR LEAGUE OF LEAGUE FOR RESTORATION Lessee covenant and agree to bllity for the organization and or organizations to use portions CORPUS CHRISTI, TEXAS AND RENOVATION OF THE perform the fallowing terms Implementation of the Creative of the leased premises far a pun- By EXTERIOR AND INTERIOR and conditions, tawtt: Al Center will be assumed Less e s heron au which the OF THE LICHTENSTEIN 1. Lessee shall Institute a pro- solely by Lessee and that said Leuhe ts herein All ofs said fo HOUSE AT 1617 NORTH CHAP - gram of restoration of the sturc. Creative Arts Center may be by the Individuals All orga use --------- --- - -e, ARRAL, C6FlSISTENT, WITH Ture known es the Llchtenbteln chartered as a nonprofit educe• by Bald Irplviduals a organize- Mrs. Richard W. Sallee, PLANS APPROVED BY THE House located on the above de- tlonal Institution. Lessee's as. }Ions shell be subject to end Iq President LANDMARK COMMISSION OF serlbod land In accaiance with tabllshmmlt al such Creative accordance with the spirit anQ ATTEST: THE CITY, AND FOR ESTAB. The terms, conditions, and pro. Arts Center and Its program of fame under MI6 [street and shat - LISHMENTANDOPERATION cedures as provided in Section 9 Instruction may be done In coop• be IsIm the direction and w- — _ - - -WY— .BY THE LEAGUE OF A CREA- of Ordinance No. 12315. The res- oration with The Corpus Christ] pervislon m the Lessees or the TIVE ARTS CENTER FOR toratlon shell adhere to the Independent School District. sublessee of the Lenses. T11 Seaefory- ELEMENTARY SCHOOL Plans and appearance of the 7.ACessmlonntthe use by team shall not enter fa longer THE STATE OF TEXAS: CHILDREN AND TEACHERS, original structure so far as It is Lessee of the leased premises than ninety (90) Jeri Into any COUNTY OF NUECES: ALL AS MORE. FULLY SET Passible to be ascertained by herein eel forth or any use sub- -mitten confract a agreement, BEFORE ME, the under. Including any concession, FORTH IN THE LEASE Lessee and so far es It Is sequently requested by Lessee con• signed authority, on this day AGREEMENT, . A SUB• deemed economically and phys- and approved by the Landmark tract or agreement regarding personally appeared R. Marvin COPY OF WHICH Ically feasible: The res ttratt°n Commission, for a period es- the oor aflon or use of the Townsend, City Manager of the IS ATTACHED HERETO AND �°f the slruch'reshall includethe deeding 90 days shall constitute leased premises nt of t (ha prl• City M Corpus Christi, Texas, e MADE A PART HEREOF, ranovatlonotthelntetorandex- a default by Lessee. If default or erltteret col �� 0 f^gh municipal corporation, known MARKED EXHIBIT "A!'; AND tenor of the building. shall be made In the perform- 9 to w o be the parsers and dIR P RO V I D I NO FOR PUB- 3. Lessee has engaged the err• once of any conversant, Bondi- ordinary caress al providing a car whose name ts subscribed 1,.11 LIGATION. chitectural firm of Turner, tlon or agreement contained In authorizing functions, pro- the foregoing Instrument, air BE IT ORDAINED BY THE Rome, Cotten B Associates, this lease f0 be kept aper- grams and events under and N acknowledged tomethatheexe- CITY COUNCIL OF THE CITY Inc., to plan, direct and super- formed by Lessee and such accordance with this contract, deed the same it Me act pus OF CORPUS CHRISTI, vise such restoration and rerm- default or breach of perform- the Lessee may, without the City deed i f said City of and con TEXAS: vat -on, which archliecturalfirm ante shall continue for more or consent thereto of the Clty Chrlstl }or the purposes end can SECTION 1. That the City Is acceptable t0 Lessua.All ex. than a reasonable period of time Manager or City Council, enter siderarlon therein expressed Manager be and he is hereby au- pones and fees paid to such er. aller written notice of such into written contracts and and In the capacity thereln- thorizedtoexecuteafive -year chitectural firm shelf be paid by default or breach from Lessor to agreement, of a routine nature stated. lease agreement with the Junior Lessee. It the services of such Lessee specifying such default andot lessihennlntey(90) days GIVEN UNDER MY HAND League la restoration and reno- architectural firm should be ter- or breach, then Lessor as Its and duration, wients being ac AND SEAL OF OFFICE, ;h� vatlon of the exlerlor and Infers- minted for any reason prior to sole remedy may elect to t°rml- ----- f . or of the Lichtenstein Haw at completion of such restoration net this lease end the term are• condone with and subject to the — —, 1976. P then Lessee shell engage a re• mad hereby In wlilch event Les- terms and provisions of this can-. 1617 North Chaparral, can- y - F' slstent with plans approved by Placement architectural Ilan or shell be entitled 1 tract. ---- ----- - - - - -- the LerMmerk Commission of with knowledge and experience p°saesslon ot the leased pram- 11. Lease° may' In the orb — the City, and for establishment In historic restoration accept- Ices. wnce of coverage by Leaser, -Notary Public Inntl,' and operation b the League of able to Lessor. 9. Upon completion of the res- maintain et Its expense, foe one for Nueces, County, Te as y g 3. Prior to commencing such toratln of the Lichtenstein extended coverage Insurance,�My commission Eapl�: JNne a marry Creative school Center ale- restoration and renovation, the House located upon the leased uL°nail ImprovementsuPOIl the 1, 1977 memory schaN children eM a teased premises. The Proceeds THE STATE OF TE %AS: teachers, all as mac fully set supervising architect shell sub premises, Lessee shall make no Irom any such Insurance policy COUNTY OF NUECES; forth In the lease agreement, a salt restoration plans to the structural alterations or add-- paid for by Lessee shall con• BEFORE ME, the under - substantial copy of which Is al• Landmark Commission of the dons to the Improvements upon stltute the property of Lessee, signed authority, o, this 'day ached kereto ant made a part City of Corpus Christi, Texas, the leased premises without the and Lessee, et Lessee's option, personally appeared Mrs. fildh- hereoF, markatl Exhibit "A„ for Its approval and such ap- prior written consent of Lessor. snail either heave Me rl m to IT SECTION 3. Publication "Of prdval shall be a Prerequisite Lessee may make such rmn- 0 and W. Salles,Yresident of 411. thefull text of theordlnanceand for the Issuance of any building .structural additions, alterations apply such insurance proceeds Junior League of Corpus' lease agreement shall be made permit required by Lessor's and Improvements upon the to the repair and restoration of Chrlstl, Texas, known to me ro within flue (5) days after the Building official. leased premises deemed neces- the leased Premises or 10 retain be the person and off whore date of first reading In realer 6. Lesser shall maintain, at Its wry or desirable by Lessee and, such proceeds for Its owes use name Is subscrllsed to the tae expense, a policy oFpublic llabll- upon termineNkon of this lease, without their application to the going Instrument find ecknowl- Council meeting, within five po repair w restoration of the edged to me that The same sues days after the second. reeding, Ity Insurance with respect fo the Lessee may, but shell_not be otr to premises, the act of the setd The Junior and finally within five days af• leased premises naming Lessor ligated to, remora all such non• 13 Lessee may of any time League °} Corpus Christi, ter The final reading, In the offi- and Lessee as Insureds and such structural additions, alterations clal publication of the City of policy shall provide minimum and Improvements. prior to the completion of the Texas, a corporation, and that Corpus Christi. limits of One Hundred Thousand 9. All noflaes authorized or re- restoration and renovation she executed the same as the LEASE AGREEMENT - Dollars (sio0,0a01 for Injury or gpired under this lease and all Planned as approved by the act of such corporation for the STHE STATE OF TEXAS: death of any an person. Two demands made pursuant to It Landmark am Agre me taml- purposes herein and consideration in the COU NTY OF NUECES: - Hundred and Fifty Thawn shell be deemed sufficiently giv- date thls Leese Agreements its pacify expressed taed. in the ca• Th is agreement of lease by Dollars (x350,000) for Injury or en when posted by. cer"fled Le�mla uprroov de herein ldand pacify therein stated. and between the City of Corpus rih of more than ape parse" mall, postage prepaid, return GIVEN UNDER OFFICE HAND Ch, lstl, a municipal corpo• ad Fifty Thousand Dollars receipt requested, with the U.S. lessee shall haveno further otr AND SEAL OF OFFICE, this ration, desi netetl' hereto as (sS°•000) property damage. Postal Service addressed to the 'llpeTlons horeunder. the --- dayot - - - -- g 9.'Leswr shall provide at Its gayly fo whom directed at the IN TESTIMONY WHEREOF, 1976. Lessor, and The Junior League nee all hotel utility t Its address herein wl forth or he The parties to this agreement or Corpus Chrlstl, Losses, deslg- ices upon the leased Preen- such other address as may be have hereunto sal their hands In Hared herein E Lessee, �g and regular janitorial it from time t° Time designated In duplicate this the - -- day of. ---------------- W I e N E o S E T H: --- - - - - -, 19— Notary Public In and That The Lessor does These Its for Me Improvements, and writing by the party changing presents lease and demise unto shall maintain the hullding, such address: A7T,E57: for Nueces Canty, Texas My Commission Expires: J he said Lessee the fallowing del grounds and landscaping of the LESSOR: City of Corpus. June cribed property lying and (eased premises In good cOndl- Christi, City Hall, Corpus — 1, 1977. lion and attractive appearance. Christi, Texas 78401, Attention: - - -- That the foregoing ordinance pus shamed In the City of Ca• City Secretary was read for the first time and pus Christi, Nueces County, 6. Lessee shall use and seer- City Manager LESSOR: passed to Its second reading on T xas, to -wit: ate the Lichtenstein House In a LESSEE: The Junior League CITY -OF CORPUS CHRISTI }♦,tg the fifth day of February, Lot fire (5), Black seventy manner substantially consistent of Corpus Christi, Texas, 301 this the the lod y of vetru (70), Beach Portion, a Bub- pith the use plan as previously United Savings Bullding _. - -r rsm sJp Lye _ /approved by toe Landmark Zorpus Christl, Texas 79411 ,,,.,- aauellx dWl�i °Iles /nlpve STATE OF TEXAS, PUBLISHER'S AFFIDAVIT County of Nueces. Before me, the undersigned, a Notary Public, this day personally Rowena C. Ve.l.asq.ue.z ............. .... . who being first duly sworn, according to law, says that he is the ... .................. ..... ................... . ......... . . . ............. of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of .. X AN ORDINANCE AUT- HORIZING THE CITY ... LI HTE -STE!1T_.._.-M7... of which the annexed is a true copy, was published in . . .......... : ........... Qa11Rr.=T1me_s ......... . . on the---.25.- day of .. . ....... 19.3.6- and once each ..... XUX ....... . .. thereafter for..._2 consecutive---.W.C-C.k8.....agTLe,l_-..,U_Q=h 6, and 28. .. . .. ....... s S4 4 Rowena Ve 9 Subscribed and sworn to before me this ... . ...... 8 day of ...... 19 ._76 Eugenia S. Cor-tem ... '_ _5" Notary P.iLic�lZu�eceWs -County, Texas AGR ;MEN A - SUB -'sor shall be entitled to STAN IAL COPY OF WHICH Possession of the leased prem- IS ATTACHED HERETO AND 'Ise$. MADE APART HEREOF,': aXponcompiatlonoftheres. MARKED EXHIBIT'•A••" AND for tin Of the Lichtenstein PROVIDING FOR PUB -HOU$e located upon the leased LIGATION, pre lses, Lessee shall make no BE IT ORDAINEDBYTHE atraBurel alterations or addl- CITY COUNCIL OF THE CITY floor to the Improvements upon OF CORPUS CHRISTI, the leased premises without the TEXAS: prior written consent of Lessor. SECTION 1. That the City Lessee may make such non - Manager be and he Is hereby au- structural additions, alterations thorbad to execute a five -year and Improvements upon the lease agreement wlththe Junior leasedpremisesdeemedneces- League for restoration and repo- sary or desirable by Lessee and, valiant of the exterior and Interl- upon terminatlkon of this lease, or of the Lichtenstein House at Lessee may, but shall . rot be ob- 1617 North Chaparral, con- "gated to, remove all such now sistent with plans approved by structural additions, alterations the Landmark Commission of and Improvements. the City, and for establishment 9. All notices authorized or re. and operation by the League of quired under this lease and all a,Creative Arts Center for ele- demands made pursuant to it memory school children and shall be deemed sufficiently giv- teachers, all as more fully set en when posted by certified forth In the lease agreement, a mall, postage prepaid, return substantial copy of which Is at- receipt requested, with the U.S. ,ached hereto and made a part Postal Service addressed to the hereof, marked Exhlbit "A,,, party to whbm directed at the SECTION Z. Publication of address herein set forth or at .full text of the ordinance and Such other address as may be lease agreement shall be made from time to time designated In within five (5) days otter the writing by the party changing date of first reading In regular such address: Council meeting, wlthin five LESSOR: City of Corpus days after the second reading, Christi, City Hall, Corpus and finally within five days af- Christi, Texas 7W1, Attention: ter Me final reading, In the oRl- City Manager cial publication of the City of LESSEE: The Junior League Corpus Christi. of Corpus Christi, Texas, 3D1 LEASE AGREEMENT United Savings Building STHE STATE OF TEXAS: - Corpus Christi, Texas 79611 COUNTY OF NUECES: 10. Lessee shall not assign this This agreement of lease by lease without the prior written and between the City of Corpus consent of Lessor; however, Christi, a municipal corpo- Lessee may sublet all or any fallen, designated herein as portion of the leased premises Lessor, and The Junior League without the Lessor's prior ap- of Corpus Christi, Texas, desig- prove], to The Creative Arts nated herein as Lessee, Center,lnc. The Lessee shall WIT N E S S E T H: have the right to authorize Indi- That the Lessor does by these viduals, groups of Individuals, presents tease and demise unto or organizations to use portions the mid Lessee me following de- of the leased promises for apur- scribed property lying end pose or purposes for which the being situated In the City of Cor- Lessee is herein authorized to opus Christi, Nunes County, use the premises. A11 of said use 'Texas, to -wit: by said Individuals or organize. Lot five (5). Block seventy tins shall be subject to and In (70), Beach Portion, a sub- accordance with the spirit and division of the City of Corpus terms at this contract and shell Christi, Nueces County, Texas, be under the direction and su- es shown bya map or plot there- pervlsion of the- Lessee or me of as recorded In the Map Re- sub -lessee of the Lessee. The cords of Nunes County, Texas, lessee shall not enter for longer Including the Improvements sit- than ninety (90) days Into any uated therean, written contract or agreement, for the term of five (5) years be- including any concession, con - ginning sixty (60) days after the tract or agreement regarding date of execution hereof, in con- the operation or use of the sideratln for which Lessor and leased premises without the pri. Lessee covenant and agree to or written consent of the City perform the following terms Manager or City Council. In the and conditions, to wit: ordinary course of providing or 1. Lessen shall Institute a pro- authorizing functions, pro- gram of restoration of the sturc- grams and events under and In lure known es the Lichtenstein accordance with this cantract, House located on the above de- the Lessee may, without the prl- scribed land In accordance wins or consent thereto of the C1111 the terms, conditions, and pro- Manager or City Council, enter cedures as provided In Section 9 Into written contracts and of Ordinance No. 17315. The res- agreements of a routine nature toretion. shall adhere to _the and of less .ther' nineey (90) days plans and appearance of the duration, with such contracts original structure so for as It Is and agreements being In ec- POSSible to be ascertained by cordance with and subject to the Lessee and so far as It Is terms and provisions of this con- and ph"- tract. Texas, a corporafon, and that she executed the same as the act of such corporation for the purposes and consideration therein expressed and In the ca- pacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the - -- day of -- 1976. ! - -- Notary Public In and for Nueces County, Texas My Commission Expires: June 1, I977. That the foregoing ordinance was read for the first time and passed to its second reading on this the fifth day of February, 1916, by the foliowlr* vote: Jason Luby Aye Dr. Bill Tipton Aye Eduardo De Ases Aye Ruth Glll Aye Bob Gulley Aya Gabe Lozano, Sr. Aye Edward L. Sample Aye That the foregoing ordinance was read for the second time and passed to Its third reading on this the — — day of ---- ,19 - -, bythefoi- lowing vote: Jason Luby -- Dr. Bill Tipton -- Eduardo De Ases -- Ruth Gill - -- BobGulley — Gabe Lozano, Sr. -- Edward L. Semple -- That the foregoing ordinance was read for the third time and passed finally on this the - -- day of - - - - -_. 19 - -, by the following vote: Jason Luby — -- or.BIIlTfpton - -- Eduardo DeAs% - -- Ruth Gill - -- Bob Gulley -- Gabe Lozano, Sr. - -- Edward L. Semple - -- PASSED AND APPROVED, this the - -- day of - --, 19 - -• ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: la DAY OF February, 1976: [ally feasible. The resOlret(pn 11. Lessee may, n +Rhe structure shall include the sence of coverage by Lessor, onovation of the Inteior and ex- mental at Its expense, fire and 'erlor of the building. extended coverage Insurance 2. Lessee has engaged the ar- upon all Improvements upon the :hitectural firm of Turner, leased premises. The proceeds Rome, Cotten & Associates, from any Such Insurance policy Inc., to plan, direct and super - paid for by Losses shall con - +Im such restoratlon and rend- stitute the property of Lessee, +atlan, which architectural firm and Lessee, at Lessee's option, �s acceptable to Lessor. All ex- shall either heave the right to )enses and fees paid to such ar• apply such Insurance proceeds :hitectural firm shall be paid by to the repair and restoration of Lessee. If the services of such the leased premises or to retain architectural firmshoufd be ter- such proceeds for Its own on minated for anyteasan prior to without their application to the :ompletlon of Such restoration repair or restoration of the hen Lessee shall angege a re- leased premises. placement architectural firm 12. Lessee may, at any time with knowledge and experlance prior to the completion of the in hlatarlc rmiaratlon accept. restoration and renovation able to Lessor. planned as approved by the 3. Prior to commencing such Landmark Commission, ferml- 'estoratlonandrenovatlon,the natethis Lease Agreementatlts supervising archltect$hall sub• dlscrelion,upon written ecticeto mit restoration plans to the Lessor as provided herein and Landmark Commission of the Losses shall have no further ob- City of Corpus Christi, Texas, Ilgations hereunder. for Its approval and such ap- IN TESTIMONY WHEREOF, proval shall be a prerequisite the pertles to this agreement for the Issuance of any building have hereunto set their hands In Perm It required by Lessor's duplicate this the - -- day at 5uilding official. --- - - - - -, 0. Lessor shall malnlaln, at its ATTEST: expense, a policy of public llabll- ty Insurance with respect to the leased premises naming Lessor ---------------- andLmweas Insureds and Such City Secretary policy shall provide minimum LESSOR: imifsof One Hundred Thousand CITY OF CORPUS CHRISTI Dollars (s)okm) for Inlury ar death of any one person. Two Hundred and Fifty Thousand By--------------- Dollars (5250,000) for Inlury or R. Marvin Townsend death of more then one person City Manager a" Fifty Thousand Dollars APPROVED: (5501000) property damage. 5. Lessor shall provide at Its expense all usual utility sery - --_------------ - ices used upon the leased prem -. City Attorney ises and regular janitorial eery - LESSEE: ices for the Improvements, and THE JUNIOR LEAGUE OF shall maintain the building, CORPUS CHRISTI, TEXAS grounds and landscaping of the By leased premises In good cmdl- Lion and attractive appearance. 6. Lessee shall use and oPer- — — — — — — — — — — — — — — — — at the Lichtenstein House In a Mrs. Richard W. Sallee, manner substantially constsient President with the use plan as previously ATTEST; approved by the Landmark Commission. Further, Lessee shall have the -Ight to establish --------- - - - - -- a Creative Arts Center In the Secretary Llchtanstein House and to estab- THE STATE OF TEXAS: Ilsh and Implement a program COUNTY OF NUECES: al creative erf Instruction one BEFORE ME, the under- "Inservice "Irelnirtg,nc. v. signed authority, on this day arts for elementary school personally appeared R. Marvin teachers end art classes nor ale- Townsend, City Manager et Me mentery school children. Lessor City of Corpus Christi, Texas, e further agrees that the rmpmsl- municlpal corporatlon, known blllty tar me organI It- and ro me to be the person and oHl- Implementation of the Creetive car whose name la subscribed to Arts Center will be assumed the toregoing instrument and solely by Lessee and that Bald acknowledged to me that he on- Creative Arts Center may be cuted the same as the act and chartered as a nonprofit educe• deed of said City of Corpus tonal institution. Lessee'$ as- Chrlstiforthepurposesandcan- tabllshment of such Creative sideration therein expressed ArN Center and Its program of and In the capacity therein instruction may be done In coop- stated, eration with the Corpus Christi GIVEN UNDER MY HAND Independent School District. AND SEAL OF OFFICE, this 7. A cessation of the use by i In e — — — day o f Lessee of the lased premises --- - - - - -, 1976. herein set forth or any use Sub- sequently requested by Lessee and approved by the Landmark --------- - - - - -- Commisslon, far a period ex- Notary Public In and calling 90 days Shell conStZe for Nuaces, County, Texas a default by Lessee. I1 default My Commission .""as: June shall be mode in the perform• 1, 1977 once of any convenant, condl- THE STATE OF TEXAS: tlon or agreement contalned In COUNTY OF NUECES: this lease to be kept or per- BEFORE ME, the under. formed by Lessee and such signed authority, on this day default or breach or perform- personally appeared Mrs. Rich• ance shall contlope for more and W. Sallee, President of The Man a reasonable period of time Junior League,of Corput after written notice of each Chrsti, Texas, known to me to default ar breach tram Lessor fi bet the person and officer whost Lessee specifying Such default name Is subscribed to Me fore or breach, than Lessor as Its gping Instrument Bed ack.1 sole remedy may elect to term,- edged to ore that the same wan net thls lease eitd the term tre- the aft of the said The Junla aced hereby In which am Les• League of Corpus Christi PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. 0 Before me, the undersigned, a Notary Public, this day personally came........_.._._ who being first duly sworn, according to law, says that he is the Accounting........_..__. ............................ of the Corpus Christi Caller and The Corpus Christi Timm — . . .................. Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of _&DING OF PASSAGE OF AN ORDINANCE... INTERIOR OF THE LICHTEN��fN-*Ro-gffF',KT**'1117-0=-=ARRAL. of which the annexed is a true copy, was published In ..... on the- ....7. - -- day of 19-212. — Was ...... . ... Subscribed and sworn to before me -day -of Zo?ip .......... 19-76 Eugenia S. Notary' P? �Ick�-ces County, Texas W 'r NOTICE OF SECOND READ- ING OF PASSAGE OF AN .OROMANCE AUTHORIZING, A LEASE AGREEMENT WITH THE JUNIR LEAGUE; OF CORPUS CHRISTI, TEXAS The City Council of the City of Corpus Christi has on the 26th' day of January, 1976, passed on second readlrm an ordinance au- thorUing the City Manager to'I ate a five -year Lease egrr ` ment with the Junior Laguatar l restoration and renovation of the Lkhaesiteln House I 1 {17 North Chaparral, conslshnt i with plans apgfoxed -by the j— t�andnndrk COmmisslon o} Me City, Under the term: n...' the purposes and consideration sat forth in the iesaeegreament, a substantial copy of which ! lease agreement is attached to the orinaxe and made a par j thereof. ISSUED UNDER MY NAND j AND SEAL of the City of Corpus Christi, Texas, this 6th day of February, 1976. (s)BIII G. Read Bill G. Read, City Secretary City of Corpus Chrlsfi, Texas (SEAL) PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueees. Before me, the undersigned, a Notary Public, this day personally came ........ . .. —... - 91 Rowena ..0 ...... who being first duly sworn, according to law, says that he is the AwAaluLting ............. ........ . ..... . --.. of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of IAgZ_qj_g•..HQZI qB --QF FJFU_a OB IANCE AUTHORIZING THE CITY MANAGER TO EXECUTE... AT 1617 NORTH CHAPARRAL, CONSISYX- of which the annexed is a true copy, was published in . ..... Ca1Jer_—TjrnP-q --- — --- NT... on the-21-. - day of-....— lakruary .... . . ...... . .... . . //",I- ............. . .... — Rowena 0. Subscribed and sworn to before me this._.. 2P. ....... . ... day _ Eugenia S. Cortez Accouptirg Nueces County, Texas