HomeMy WebLinkAbout13659 ORD - 03/02/1977• RWC:jkh;hb:1/26/77 •
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE
AGREEMENT WITH THE JUNIOR LEAGUE FOR A TERM OF FIVE
(5) YEARS, LEASING TO THE SAID JUNIOR LEAGUE LOTS
3 AND 4, BLOCK 70, BEACH PORTION, A SURD MSION OF
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS
EXHLBIT "A" AND MADE A PART HEREOF; 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 enter into a lease agreement with the Junior League for the lease of
Lots 3 and 4. Block 70, Beach Portion, an addition to the City of Corpus
Christi, Nueces County, Texas, for a term of five (5) years, all as
more fully set forth in the lease agreement, a substantial copy of which
is attached hereto as Exhibit "A" and made a part hereof.
SECTION 2. Publication of the caption of the ordinance
authorizing said 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 five days after the third
reading, in the official publication of the City of Corpus Christi.
MICROFILMED
JUL 0 7
13659
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, Inc., 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:
Lots three (3) and four (4), 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 improve-
ment to be situated thereon known as the Sidbury House.
for the term of five (5) years beginning sixty (60) days after the date
of execution hereof; upon this lease becoming effective, the lease
previously granted by the City of Corpus Christi to The Junior League of
Corpus Christi, Inc. (formerly known as "The Junior League of Corpus
Christi, Texas "), dated March 29, 1976 and pertaining to Lot (6), Block
seventy (70), Beach portion, a subdivision of the City of Corpus Christi,
Nueces County, Texas, shall be terminated. In consideration therefor,
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 Sidbury House located on the.above described land in accord-
ance 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.
N
2. Lessee has engaged the architectural firm of Turner, Rome,
Cotten S 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
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 estab-
lish and maintain its administrative offices on the second floor of such
Sidbury House.
6. 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 Landmark
Commission.
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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 ninety (90) says shall
constitute a default by Lessee. If.default shall be made in the per-
formance of any covenant, condition or agreement contained in this lease
to be kept or performed by Lessee and such default or breach of perform-
ance shall continue for more than a reasonable period of time after
written notice of such default or breach from Lessor to Lessee speci-
fying 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.
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, Inc.
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
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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. 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 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.
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 , 1977.
LESSOR
ATTEST:
City Secretary
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
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•
APPROVED:
DAY OF , 1977.
J. BRUCE AYCOCK, CITY ATTORNEY
Assistant City Attorney
LESSEE
ATTEST: THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC.
By
Secretary Mrs. Garnett Tabor Brooks, President
Treasurer
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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 day of ,
1977.
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. Garnett.Tabor Brooks, President of The Junior League of Corpus
Christi, Inc., 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, Inc.,
a corporation, and that she executed the same as the act of such corpor-
ation for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
1977.
Notary Public in and for
Nueces County, Texas
My Commission Expires:
•
THAT THE FOREGOING ORDINAlt4E WAS READ FO THE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE DAY OF , 19a BY THE
FOLLOWING VOTE:
JASON LueY ,v
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORDI Ay,NC WAS READ F" �T §1 SECOND TIME A PA3SED
TO ITS THIRD READING ON THIS THf^ " &_DAY OF �FiL 192X BY THE
FOLLOWING VOTE:
JASON LUST
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
Boo GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORDI
FINALLY ON THIS THE DAY 0
JASON LUST
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, TH
•
1 PASSED
.OWING VOTE:
197%
ATT,JESST-:;,
�CI SECRETARY MAYOR fro- am
THE CITY OF CORPUS HRISTI, TEXAS
APPROVED:
DAY 0 19771
AsJ1.
� � k
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces.
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 Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
LEGALS-PUBLIC NOTICE NOTICE IS. ON T17E 2ND DAY OF FEBRUkRT ... LEASE AGREE-
MENT WI TH THE JUN IUR LTA GUE
of which the annexed is a true copy, was published in .... D-a U. Ar= T-1 V.1 9 A
an the.-.Z_ day of ... E qb-rAuZ . . ......... - 19-7.7_
cttSVe .— Y._....._...--- -- - - -. -.-
Subscribed and sworn to before me this . ....... -A day oL-..F..P AM-Y ............... . ...... 19
Eugenia S. Cortez
Notary He, eces County, Texas
T r � ■
1N0lle C: hereby glIth the
PUBLICRCrTICE
t Cl ty Cuundl the lty
a.
1 Notice h hereby glum thaf
s,
Corpus CMhtl tabs, m e
CiwCivisti
day of February. 19T7,
'the
V Carpus has, on thAM
M Second reaeding an ora
deY of February, 1911, PmsN
authorizing the City Maer
�4I
II on secmd reedingeaordinen
enter Info o lease ag
authorizing the City Hamper b
with the Junior L.�gufor
db .enter Into a ILese agreement
term of five (5) Yeera be
e0 days elver the date 0
or .with the Jmbr League far e
thin hereof, lesoft to set
farm of five (5) years beginning
a0 days after the data of exKu
Junior League Lots 3 nd 4
Block 70, Beach Port)onr
, i tlon hereof teasing b the said
location and restoratio'Junior
-
League Loh 3 snd 6
taBloc k 70, Beach Portion, for m
Sldbury House, to accs
location and restoration of 1M
with the terms, Conditio, MW
Sldbury house, In aamrdence'
procedures as provided Sob•
with the terms, bonditkats, an0
tkn 9 of Ordinance tab. 315, a
a
Procedures as Provided In SaC• a
Copy of which Ism filn the
office of the City Secret.
`ton 9 of Ordinance Nb. 1919, a
Witness my hand this d day
copy of which h m file In the
office of the City Secretary.
of February, 1911.
- s-BIII Recd
wits mY� thh 3rd dsy
BPI Geid,
of February, 1911.
-x8111 G. Reed
City Seetary
BIII G. Read,
City of Corpus CIrb.1
Cry Secretary
City of Corpus Chrlstl,Texes `
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, I.:
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came........__...._..__.__..
Gloria Lose .._ 7
.. . ................ pst .. . ... . ... . .......... . .. . . ........ — 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
LECALS ... NOTICE IS HEREBY GIVEN THAT THE CITY CGUNCIL—WITH THE JUNIOR
LEAUE FUR A
of which the annexed is a true copy, was published in - a-D—,
on the.3.1.— day of....It!!RaEY ...... . .......
Pi Subscribed and sworn to before me this Ll . ...... . day of-. --- - ------
January - -if-9- I I
-- - --
Eugenia S. Cortex
Notary c, Nueces County. Texas
there'd Council a Ihe'tIty
I corps ChrKt Ms, on the
day of January, 1971, passed
flint reeding and orNnaMe au
thorf:ing the CRY Manager
enter Into a lease agreement
with the Junior League for a
term d five (5) yam beginning
60 days after the date of exe
Non hereof, leasing to the sold
Junior League l.ds J ft:: Id
.Block 7% Bach portion, fq re
location and restoration d the
Sldbury House, N accordance
with the terms, mnditiom and
procedures as proved in Section
9 d Ordinance No. 12315, a OW
of which K on file In the office of
Rte Ciy Sec*etary.
._: yWtress my hand this DM
day of January. 1977.
- ,-Bill G. Read
Bill G. Read,
PUBLISHER'S ALFFIDAVIv-4- MIMI
f&�MVED
STATE OF TEXAS, OFFICE
tATHE
County of Nueces. Iss: (0j. f 36 771- CRETAI
Before me, the undersigned, a Notary Public, this day
Rowena V. Gonzalvo
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
Leals .PUBLIC NOTICE... NOTICE IS HEREBY GIVEN THAT THE CITY OF COUNCIL OF THE
-CITY OF CORPUS CHRISTI HAS, ON THE 2ND DAY...
of which the annexed is a true copy, was published in
on the-2— day
_.—Times.
. 0
z A.Counting _
t L &W– G AM t -
Subscribed and sworn to before me day of... . ........ 19 ..... 7_7_
°Iugenia b. Cortez
Notary Pub 'C- S .
6,3�Nueees County, Texas
Is he!aby given a
CilyCwnUl of me Clty
= Z6rL7tf bes,'an the-:
day of March, 1977, passed
third reading an ordinance I
morl=Ing the City Manager
enter Into a lease agree""
with the Junior Lague for
term of five (5) veers bealnnl
for League Lots 3 and 6 Block
70, Beach pertlon, for relocation
and restoration of the Sldbury
House, In accordance with ma
terma, Conditions, and pro-
cedures as provided In Seclim 9
of Ordinance No. 1915, a copy
of which Is an file in meofflce of
the City Secretary.
witness my hand Nils 3rd day
of March, 1977.
- s-BIII G. Reed
BIII G. Read,
City Secretary
City of Corpus