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HomeMy WebLinkAbout13807 ORD - 06/29/1977 (2)r '= jkh:5- 24 -77; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CORPUS CHRISTI AREA CAMP FIRE GIRLS, INC., FOR THE LEASING OF THE PREMISES OF THE GUGENHEIM HOUSE, FOR THE RESTORATION AND USE OF THE PREMISES BY THE CAMP FIRE GIRLS, SAID LEASE TO BE FOR A TERM OF FIVE YEARS, 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 ". 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 Lease Agreement with the Corpus Christi Area Camp Fire Girls, Inc., for the leasing of the premises of the Gugenheim House, for the restoration and usd of the premises by the Camp Fire Girls, said lease to be for a term of five years, 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 ". MICROFILMED JUL 0 719?0 f 21807 LEASE AGREEMENT THE STATE OF TEXAS II COUNTY OF NUECES This agreement of lease by and between the City of Corpus Christi, a municipal corporation, designated herein as Lessor, and the Corpus Christi Area Camp Fire Girls, 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 one (1) and two (2), 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 execution 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 Gugenheim House located on the above described land in accordance with the terms, conditions, and procedures as provided in Section 9 of Ordi- nance No. 12315. The restoration shall adhere to the plans and appearance of the original structure so far as it is possible to be ascertai.,ed by Lessee and so far as it is deemed economically and physically feasible. The restora- tion of the structure shall include the renovation of the interior and exterior of the building. 2. Lessee has secured the services of E. Bert Rucker as architect to plan, direct and supervise such restoration and renovation, which architec- tural firm is acceptable to Lessor. All expenses and fees paid to such architectural firm shall be paid by Lessee. If the services of such architec- tural 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 super- vising 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 improve- ments, and shall maintain the exterior of the building, grounds and land- scaping of the leased premises in good condition and attractive appearance. Regular janitorial services consist of daily routine emptying of trash receptacles and cleaning floors. Such services will be performed by Lessor; however, desks and tables in offices of Lessee shall be cleaned by Lessee. Lessor shall provide janitorial services following a night meeting which is sponsored by Lessor. 6. Lessee shall use and operate the Gugenheim House in a manner substantially consistent with the use plan as presented to the City and approved by the Landmark Commission. The 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 within the building and to provide meeting rooms for activities of the Corpus Christi Area Camp Fire Girls, Inc. Lessee's office space shall be provided substan- tially in compliance with the floor plan as shown by the attachment marked "Exhibit A ", which is made a part hereof. A. Lessee agrees to maintain the premises open to the public during regular office hours of Lessee, but no less than thirty -five (35) hours per week, Monday through Friday. Lessee shall provide information to visitors concerning the history and restoration of the premises. Lessee shall also provide special tours for visiting parties or groups on an appointment basis. -2- B. Lessee further agrees to maintain one or more rooms open and available as a meeting room or rooms for private nonprofit organizations during regular business hours of Lessee. Lessor, however, shall retain the right to reserve portions of the premises not occupied by Lessee's adminis- trative offices for meetings and other uses in support of Lessor's Convention Center activities on a reasonable basis as to which the parties may agree. Lessor shall not be limited in its use of the premises to the regular busi- ness hours of Lessee, but Lessor shall be responsible for the security of the premises during the period of its use. C. In connection with Lessor's use of the premises as provided in Paragraph B, Lessor and Lessee agree upon the following conditions: (1) That Lessee maintain a scheduling calendar for use of the meeting rooms. (2) That Lessee may lock its offices, files and otherwise secure its equipment and property during nonbusiness hours except during those times when special tours are arranged under the supervision of Lessee. (3) That Lessor's representative shall be present during nonbusiness hour meetings, shall provide entry, shall lock doors and secure the premises following the close of meetings,'and shall be responsible for leaving meeting rooms in a clean and orderly condi- tion. (4) That the rear door shall remain locked during non - business hours unless advance arrangements are made between Lessor and Lessee. (5) Lessee's telephones shall not be available for use during nonbusiness hours. 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 ninety (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 per- formed by Lessee and such default or breach of performance shall continue for more than a reasonable period of time after written notice of such -3- 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 Gugenheim 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. 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: LESSOR: City of Corpus Christi City Hall Corpus Christi, Texas 78401 Attention: City Manager LESSEE Corpus Christi Area Camp Fire Girls, Inc. 3210 Reid Drive Corpus Christi, Texas 78404 10. Lessee shall not assign this lease without the prior written consent of Lessor. The Lessee shall have the right to authorize individuals, 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 indivuals 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. 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 -4- 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 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 restora- tion and renovation planned as approved by the Landmark Commission, terminate this Lease Agreement at its discretion upon written notice to Lessor as pro- vided 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. ATTEST: LESSOR: CITY OF CORPUS CHRISTI City Secretary By APPROVED: R. Marvin Townsen , City Manager City Attorney ATTEST: Secretary LESSEE: CORPUS CHRISTI AREA CAMP FIRE GIRLS, INC. By President That the foregoing ordinance was.Ir'ead for a first time and passed to its second reading on this the a5 c+�pay of_N_, 19_1_Z_�_,; by the following vote: Ja ion Luby J. Eduardo de Ases 'x David'Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the foregoing ordinance was read for he second time and "passed to its third reading on this the_/AL_day of 197-7 by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the foreg�ng'ordina was read for the third time and passed finally on this the�day of 19 11 by the following vote: Jason Lu y Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample PASSED AND APPROVED, this the.21—day of , 197. —A�r ATTEST-, My Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: r F. 7 ,d _DAY OF 19�: ,t A J. BRUCE AYCOCK, CI ATTORNEY By , Assistant Ci torney t 1 #z PUBLISHER'S AFFIDAVIT + X i , +' STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came .................................. ..... G 0 r,4a__ L7313-ay ....... ............................... who being first duly sworn, according to law, says that he is the -•-A-arrosuntt •-------------------- - - - - -- of the Corpus Christi Caller and The Corpus Christi Times, t Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of _•- L FG¢LS:rTQTICE_•_IS HEREBY.- .CAMP FIRE GIRLS INC..FOR -A _TERM OF FIVE(,5) YEAR..: of which the annexed is a true co Caller -Times copy, was published in ......... .. .........._...._............. ............_ .................- .- ...._.___.. on the- -7-.-- day of...-- June ------------------------ 19-- 7- -7••, I aP�PStStf t� . ..........................45e5€ x ac......_...._.....__...... cox xvvS.........._ .............. ............................... .......... 1 .............Times. ....... - ........ L'L� �4 ............. ..... �, Gloria Lopez Accounting f s Subscribed and sworn to before me this .__- 7 ..... ....... ..day of. ............... J -uma........................... 19 ----- 7.7..- 9. z! '• "` �• o sR:B�tlitflo`va1OV t Notary Public, Nueces County, Texas Tues , June 7, 1977 PUBLICNOTICE T Notice Is hereby glum that Jt te.City Council-of the City of Corpus Christi has, on the 1st day of June, 1977 approved on second reading an ordinance authorizing the City Manager b L enter into a-lease agreement 'wlih'the Coprus Christi Area Camp Fire Girls, Inc. ' for a' i term of five (5) years beginning + 60 days after the date of exam• tion hereof, leasing to said Cor. Pus Christi Camp Fire Girls, Inc, for the restoration and use the premises of the Gugenheim House, located in the City of Corpus Christi, Nueces County, Texas, on lots one (1) and two (2), Block seventy (70), Beach Portion,, in accordance with the terms, ,Conditions and proced- ures as provided In the ordi- nance which was read for the first time on the 25th day of May, .1977, read for the second time on the 1st day of June, 1977, Copy of which Is on file In the office of the City Secretary. Witness my hand this 3rd day of June, 1977 -s- BILLG. READ Bill G. Read, City Secretary 1 " i PUBLISHER'S AFFIDAVIT, Nt- 'STATE OF TEXAS, ss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally Gloria ... Lopez . being first duly sworn, according to I A%MqAtLag ............. . ............................................... 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 NOTICE IS HEREBY GIVEN::CORPUS- _CHRISTI_AREA. CAMP - .FIRE - .GIRLS- ,_,FOR A. TERM OF_ -,zVE YEARS., of which the annexed is a true copy, was published in ... Ca-LIer—Tirms ........................................... . . . .......... on the.-2.--.- day of..jyA,40 ------------- -------------- 19-7-;E.... &AkdA9RR9--@Mh ---------------------------- tjWfqQkR&r .................... . ..... .......... . ............................................. ... .............Times. 21-42 ---------- - -------- Gloria Lopez ........ ... Subscribed and sworn to before me this ...-- 3 ............... day of lunp . ...................................... 19... ;-7... - -_ Eugenia S Cortez ................ /- a eces Coun't3r, Texas /PU9LIC NOTICE, of Carpus Christi, Nueces Ci j 'of Ice- Is- hereby_given_that-ty' Texas, on Loh one 111 the Clty Gaunc11 of the City of two (2I, Block -seve"'y -1'. Corpus Christi has, on the 25th Beach pexhon, in,accorda daY of MaY. 1977,'approved on with the terms, conditions first reading an ordinance au- procedures as provfded in thorizing the City an to ordinance which was rend enter into a lease"agreemeto the first time on the 75th dal with the Corpus Christi Area Ma Y, 1417' copy of which is Camp Fire Girls, Inc, for a file in the office of the City : term of five IS) years beginning retary. fA days after the date of execu- Witness my hand this 2 tion hereof, leasing to said Car- day of May, 1977, pus Christi Camp FIra Girls, , -s-Bill G. Re Inc., for Iha restoration and use Bill G Re of the premises of the Gugen -- City Secrete ,thelm House, located in the City City of Corpus Christi, Texas 7 a