Loading...
HomeMy WebLinkAbout020886 ORD - 03/06/1990AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT TO LEASE AND A LONG-TERM LEASE FOR TWENTY (20) YEARS FOR BLOCK 89, FRACTIONAL LOTS 7, 8, 9, AND FULL LOTS 10, 11, AND 12, BEACH ADDITION, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS TO THE MUSEUM OF ORIENTAL CULTURES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a Contract for Lease and Lease Agreement for twenty (20) years for Block 89 fractional Lots 7, 8, 9, and full Lots 10, 11, and 12, Beach Addition, City of Corpus Christi, Nueces County, Texas to the Museum of Oriental Cultures, all as more fully set forth in the Contract for Lease and Lease Agreement attached hereto and made a part hereof, marked Exhibit 1 and Exhibit 2. MICROFILMED CONTRACT FOR LEASE THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the CITY OF CORPUS CHRISTI, TEXAS (the "City") is the owner of real property located in Corpus Christi, Nueces County, Texas, and more particularly described as Block 89, fractional lots 7, 8, 9, and full lots 10, 11, and 12, Beach Addition, together with all improvements thereon, (the "Property") ; and WHEREAS, the City Council has previously agreed to provide a site in the Bayfront Arts and Sciences Park for the Museum of Oriental Cultures; and, WHEREAS, the Museum of Oriental Cultures (hereafter "MOC") should be on excellent addition to the Bayfront Arts and Sciences Park as an additional attraction and to compliment the existing activities within the area; and, WHEREAS, the MOC has agreed to begin fund raising activities to raise funds which will be needed for the rehabilitation of the existing improvements and construction of new improvements; and, WHEREAS, the City and the MOC desire to enter into this agreement to evidence the agreement of the City and the MOC to enter into a Lease Agreement, (attached as Exhibit A); Exhibit 1 In consideration of the foregoing and the mutual promises herein contained and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the City and the MOC agree as follows: 1. The MOC agrees to begin planning for construction of the improvements and necessary fund raising to finance the construction of the improvements. 2. If requested by the MOC at any time prior to February 1, 1992, the City agrees to execute and deliver to the MOC a lease agreement in the form of the attached Lease Agreement. Upon receipt of the Lease Agreement executed by the City, the MOC agrees to execute and return to the City a fully executed copy of the Lease Agreement. WITNESS THE HANDS of the duly authorized officers of the parties hereto, this ATTEST: By: day of City Secretary APPROVED: day of By: Assistant C ATTEST: ctxuut , 1°A0 �.••. y Attorne By: r J Sucre , 1990. CITY OF CORPUS CHRISTI By: City Manager MUSEUM OF ORIENTAL CULTURES By: c(1.4 J+' V gKM_ President STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 19 , by , City Manager of Corpus Christi, Texas on behalf of said City. Notary Public, State of Texas Typed or Printed Name of Notary My Commission Expires: STATE OF TEXAS COUNTY OF NUECES ,S/, --u/ instrument was acknowle ged be ore me, on the 20".L day of �G{-uc , 1990, by //7(oi ) , President, Museum of O 'rental Cultures, a Texas non-profit corporation, on behalf of said non-profit corportion. 3 Notary Public, Sta e o exas , &I cr Tose C-io n2_a /c 7 Typed or Printed Name of Notary My Commission Expires: /-12 - q3 EXHIBIT A LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the CITY OF CORPUS CHRISTI, TEXAS ("City") is the owner of real property located at Beach Addition, Block 89, fractional Lots 7, 8, and 9, and full lots 10, 11, and 12, together with all improvements thereon ("Property"); and WHEREAS, the Museum of Oriental Cultures, a Texas nonprofit corporation (the "Lessee") desires to lease the property, rehabilitate the existing improvements, construct new improvements, and has pledged to undertake fund raising to raise the necessary funds to accomplish the rehabilitation and new improvements; In consideration of the foregoing and the mutual promises herein contained, the City and Lessee agree as follows: I. The City does hereby lease, let, and demise to Lessee the Property, together with all improvements located thereon. II. Lessee shall undertake rehabilitation of the existing building (formerly known as the ILA building) for use as the Museum of Oriental Cultures and to construct additional improvements on the property possibly including an oriental tea garden. Lessee agrees to use its best efforts to begin rehabilitation of the Improvements and construction of new Exhibit 2 improvements within 24 months of February 1, 1990, and complete such improvements within an additional 12 months. In the event that Lessee does not begin construction within 24 months of February 1, 1990, i.e. by January 31, 1992, and/or does not finish within an additional 12 months, i.e. by January 31, 1993, the City's sole remedy shall be to terminate this Lease Agreement. The plans and specifications for the rehabilitation or new construction of Improvements, site improvements, parking, and landscaping and any changes thereto must be approved by the City prior to the start of construction thereof, and shall be consistent aesthetically and in quality of construction with other properties in the Bayfront Arts and Sciences Park and be in conformance with all City codes. Lessee shall consult with and obtain approval of all landscaping from the Director of Parks and Recreation. Competitive bidding shall be conducted as if the Improvements were to be constructed by City, however final approval of a bid will be made by the Board of the Lessee. Local vendors and contractors shall be utilized to the greatest extent possible. The successful bidder to whom must execute a good and sufficient bond. full amount of the contract price, the contract is awarded The bond must be in the conditioned that the contractor will faithfully perform the contract, and executed in accordance with Article 5160, Revised Statutes, by a surety company authorized to do business in the State of Texas. Construction shall be completed and operation of facilities commenced within 12 months from commencement of construction. The insurance provisions of paragraph XIV of this contract must 2 be met on the date the successful bidder furnishes a good and sufficient bond required above. The Lessee shall have sole and full responsibility for preparing the plans, advertising for bids, supervising construction and accepting the Improvements when completed. The cost of construction, rehabilitation, landscaping, irrigation and other site improvements shall be borne entirely by the Lessee. It is understood that the City does not assume and will not in any way be responsible for any of the financial obligations incurred or created by the Lessee in connection with the construction of the Improvements. Lessee agrees to save and hold the City harmless from any and all charges, claims or liability of any nature whatsoever as provided below. Any building, fixture, or appurtenance placed on the Property shall, except as provided elsewhere herein, become the property of City, upon expiration or termination of this Lease Agreement. III. The term of this lease shall begin sixty (60) days after execution of this Lease Agreement and continue for twenty (20) years, subject to the provisions concerning termination as stated herein. Upon completion of construction of the Improvements (as determined by the reasonable judgment of Lessee), Lessee shall send a written notice to the City informing the City of completion; if the City does not object in writing within sixty (60) days to Lessee's determination of completion, the completion of construction shall be deemed to have occurred as determined by Lessee. If the City objects, the date of 3 completion of construction shall be the date on which the Lessee has cured the City's reasonable objections and a certificate of occupancy has been issued by the City. IV. Lessee shall operate the Improvements and the Property exclusively for the following purposes, and uses incidental thereto: advancement of knowledge, appreciation and enjoyment of oriental cultures including but not limited to programs, exhibits, performances, promotions, classes, training, and education in oriental cultures. Such activities shall be conducted on a regular, continuous basis, and facilities constructed on the Property shall be operated during regular, reasonable business hours with the understanding that the City wishes to have as much activity in the area as possible throughout the week including weekends. V. It is understood that Lessee will be responsible for furnishing and equipping the building and that City has no obligation to furnish any equipment or furnishings for the Lessee. All personal property furnished by Lessee or donated by others in behalf of Lessee will remain the property of Lessee unless specifically donated to City. VI. The City will maintain the lawn and vegetation at its own expense, subject to annual budget allocation, with the exception of any garden or extensive landscaping which will be maintained at the sole expense of the Lessee. Lessee will maintain, at its sole expense, the exterior and interior of the 4 building and any other improvements on the Property, all fixtures connected therewith, all personal property thereon, exterior walks and driveways, and all other areas which the City has not agreed to maintain under this Lease Agreement. Maintenance shall be of such quality as to maintain the Property in a first-class condition, consistent and in harmony with maintenance of improvements on properties leased by the City to other tenants in the Bayfront Arts and Science Park. Lessee shall not undertake exterior construction, remodeling or redecorating beyond normal maintenance without prior written consent of the City. No major interior construction shall be undertaken without prior written consent of the City. Lessee shall obtain, at its own expense, all building permits, all utility services, garbage collection, janitorial services, and similar services. VII. Lessee's activities will have priority on use of the building; however, Lessee shall permit use of the building and facility by the City and civic and community groups on a reasonable time basis, if such use will not interfere with previously scheduled activities of Lessee. Lessee shall have the right to charge rental fees for the use of the facility and in addition thereto, to charge actual out-of-pocket costs incurred by Lessee through the use by others. Such rental fee and such additional operating costs shall be calculated as shown on Exhibit "I" attached hereto, and made a part of hereof for all purposes. Exhibit "I" will be reviewed by the City and Lessee annually to make any reasonable changes agreed to by the City and 5 Lessee. The City Manager, or his designee, is hereby authorized to make said agreed upon changes to Exhibit I. Lessee may refuse the use of the facility to any person, firm or corporation, for any event which is deemed to be unsuitable by virtue of the limitations of the design and outfitting of the facility or by virtue of failure to meet the moral standards of the community, but Lessee shall promptly report any such refusals made on this basis to the City. Lessee agrees to keep and maintain, in a manner acceptable to the City's Director of Finance, adequate books and records showing all receipts and disbursements, which shall be available for examination by the Director of Finance or his designated representative at any time within usual business hours, and to provide the City with an annual report including, but not limited to, a balance sheet and either an income statement or receipts and disbursements for the preceding year prepared by a certified public accountant. VIII. Lessee shall have the right to provide concession activities, including food and beverages. The City shall have the right to approve all prices charged, which approval is delegated to the City Manager or his designee. Lessee must notify City of proposed price changes sixty (60) days prior to the proposed change. The price change shall be immediately effective upon approval of the City Manager or his designee. Lessee shall prominently display a list of prices to be charged at each location where concession items are sold, and such prices shall not exceed prices charged for similar services under 6 similar conditions elsewhere in the City. Lessee shall offer concession services to other users of the facility on the same basis and at the same prices as for Lessee. IX. Lessee shall fully indemnify, save and hold harmless the City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, premises defects, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance by Lessee of its obligations under this Lease Agreement or Lessee's use, operation or occupancy of the Property. Lessee shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. x. Lessee agrees that in construction upon and operation of the Property it will promptly comply with and fulfill all ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to the Property, and all ordinances or regulations imposed by the City for the correction, prevention and abatement of nuisances or code violations in or connected with the Property during the term of this Lease Agreement, at Lessee's sole expense and cost. XI. Lessee shall not place, paint or otherwise affix any signs at, or on or about the Property, or any part thereof, without prior written consent of City. The City shall have the right at any time to require Lessee to remove, paint or repair the signs allowed. Should Lessee not remove, paint or repair the said signs within thirty (30) days of demand therefor in writing, the City may fulfill its demands and charge the expense of same to Lessee. This paragraph does not apply to temporary signs, in conformity with city codes, on the Property for two weeks or less. XII. No assent, express or implied, by the City to any breach of any of Lessee's covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreement, condition or term hereof. XIII. The City reserves the right to enter the Property at any reasonable time during the existence of this Lease Agreement for the purpose of inspecting the same in order to determine whether the terms of this Lease Agreement are being observed and carried out, including but not limited to, both exterior and interior maintenance. 8 XIV. Lessee shall acquire and maintain the following insurance coverages during the term of this Lease Agreement: (a) liability insurance covering all activities to be conducted on the Property, with the city as an additional insured, noncancellable except upon thirty (30) days written notice to the City, in such amount and with such terms and coverages as required by the City Manager, or his designee, and such insurance amounts shall be reviewed annually; (b) workers' compensation insurance on all its employees as required by state and federal law; (c) property insurance in the amount of the full replacement value of all buildings and improvements, insuring against all risks as required by the City Manager, or his designee, which shall be noncancellable except upon thirty (30) days written notice to City, shall name City as an additional insured, and shall contain such terms as required by the City Manager, or his designee, and such insurance amounts shall be reviewed annually. In addition, Lessee shall require any contractor for construction or rehabilitation of any buildings or improvements under this Lease Agreement to carry insurance coverages throughout the construction period with terms and amounts as required by the City Manager. The amount and terms of coverages required in this paragraph shall be substantially similar to those required by the City for similar operations, and shall be re-evaluated on an annual basis. Lessee shall provide City with certificates of insurance reflecting all the above coverages, and shall, upon request by City, promptly provide City with copies of all such insurance policies. XV. Lessee shall not assign this Lease Agreement nor sublet the Property or any part thereof without the prior written consent of the City. The consent of the City shall not be unreasonably withheld. XVI. Upon thirty days prior written notice to Lessee, the City may, at its option, in addition to any other remedy or right hereunder or by law, terminate this Lease Agreement upon occurrence of any of the following conditions ("Defaults"), provided that Lessee has not cured the Default prior to termination: (1) Failure to operate the Property for the purposes set forth in Paragraph IV except during periods necessary for repairs or renovation approved by the City in writing or except as otherwise contemplated by this Lease Agreement. (2) Failure to abate any nuisance specified in writing by the City within a reasonable time specified in writing by the City. 1.0 (3) Lessee's assignment of this Lease Agreement or subletting of the Leased Premises, or attempted assignment or subletting, without prior written consent of City. (4) Dissolution of Lessee as a nonprofit corporation. (5) Failure to have in effect policies of contractor's insurance, liability insurance, workers' compensation insurance and property insurance as required by the City's Director of Risk Management (or successor official). (6) Intentional, knowing or fraudulent failure to maintain strict and accurate books of account, or to furnish said books of account to the City for inspection. (7) Abandonment of the Property. (8) Failure of Lessee to correct any other breach in the performance or observance of any other covenant or condition of this Lease Agreement. Upon termination of this Lease Agreement as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, the City may enter forthwith and resume possession either by summary proceedings, or by action at law or in equity or by force or otherwise, as the City may determine, without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and shall be deemed to be, cumulative of any other rights of the City under law, and the exercise of one shall not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy shall not be 11 deemed to operate as a waiver of its right to exercise such right or remedy at any other or future time. XVII. Upon expiration of this Lease Agreement, or upon termination thereof for any reason, all buildings, improvements and fixtures placed on the Property by Lessee shall become property of the City. Provided, however, that should this Lease Agreement be terminated prior to acceptance by the City of completion of construction under paragraph II, said buildings, improvements and fixtures shall become property of the City only at its option. If the City should, in such event, decide to decline all or part of said Improvements, it shall notify Lessee in writing within sixty (60) days of its receipt of such notice. If Lessee shall fail to remove such Improvements within that time period, the City may remove and dispose of such Improvements, and Lessee shall be liable to the City for all expenses incurred thereby. XVIII. it is specifically agreed and understood that the parties intend and do hereby create a landlord/tenant relationship, and this Lease Agreement shall be construed conclusively in favor of that relationship. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, 12 shall be deemed to create any relationship between the parties herein other than that of Landlord and Tenant. XIX. No changes or modifications to this Lease Agreement shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. This Lease Agreement supersedes all previous agreements between the parties. XX. Lessee agrees to pay the costs of newspaper publication of this Agreement and related ordinance as required by the City Charter. XXI. Lessee shall have the right to terminate this Lease Agreement by giving the City thirty (30) days prior written notice of the date of termination. Provided, however, (i) if the construction of the Improvements has been commenced and (ii) if the construction of the Improvements has not been completed or the Improvements have been damaged or destroyed, Lessee shall only have the right to terminate this Lease Agreement as provided above if Lessee restores the property to its pre -lease condition or, in the alternative, completes the construction of the Improvements in accordance with the approved plans and specifications at the option of the City. 13 WITNESS THE HANDS of the duly authorized officers of the parties hereto, this day of , 19 ATTEST: CITY OF CORPUS CHRISTI By: By: City Secretary City Manager APPROVED: �1 ��day of in() : By: \ Assistant _ity Attorn ATTEST: MUSEUM OF ORIENTAL CULTURES By:By: Se y� President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 19 , by , City Manager of Corpus Christi, Texas on behalf of said City. Notary Public, State of Texas Type or Print Name of Notary My Commission Expires: 11 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 19 by President, Museum of Oriental Cultures, a Texas non-profit corporation, on behalf of said non-profit corporation. Notary Public, State of Texas Type or Print Name of Notary My Commission Expires: hat the foregoing ordinance was read for the first is second reading on this the -':< day of 19%( , by the following vote: Betty N. Turner (a( t Edward Leo Guerrero Tom Hunt C{ ! u A. time and passe pi i2i(( c14,, Martin ((I-! Joe McComb Clif Moss Mary Rhodes ( t( )1 • Ji(X , Frank Schwing, Jr. AC)( ; That the foregoing ordinance was rea4 for the seconc} time and passed to its third reading on this the ( day of 8(0 HOT 19(Y( , by the following vote: Betty N. Turner Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read for the third time and passed finally on this the (- day of ! .( ` << /1 , 19 / , by the following vote: Betty N. Turner Leo Guerrero Tom Hunt // PASSED AND APPROVED, this ATTEST: City Secreta the Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. day of APPROVED: 4 DAY OF fl u.ua , 19? : HAL GEORGE, CITY BY, 74,t -Gin Assistant City 044 ATTORNEY '11il Attorne , 19 MAYOR THE CITY OF CORPUS CHRISTI H 0, = a0H a) Fri '< C/1 - • 0 CD 1-'1 cci 7.`E 07 2 . - tri W L_ Ln 0 G'¢ N QD m cr C] H r- �C CD CO co H rm O 3IOmTN29mmm— N O d .. n" G T N.0>>>>9.'M - I n� O wamOORT'12mm D O - E.2V oD 29D-g2M � - m 2 2m a- ami 3 Or D p O O m a A O y~ N= r F O D O D N 9 o na -°' tiCy=OMrO * Z lla < ^' 3 � °' 'Tam *--� mF ztim omo•rmaw- myOmFW0- OzOmmF -W-2-.40-10>JO zomo-x-‹O m2 w d Oym c� ,,0 ?--- CyOMNOC --,04,.A._ 9YomQam Yyi“nu O_,- .n rDmO�G-Dom O,,,D<D1D "'4vp_mamymom_D.m O OZ O 7-mpN In<myD "1° iD� D7vC-giN~z.:a rDTami�• OrD-p9UD20yC on3m-5°=n5v-1C nOU~ir-IDQOOZ'o 'a<ry .�0 ' Cim p0 5�ca�r�im DD �Ur.n a, °¢��<D -t4 En-, MozzDm9 5 �mg Ow �3o m'a;nx2 Gl - - �Ommoa �rouyjsndio3 W 40 Aletaoe$ A1!3 'demo opuewJV /s/ •0661 'VoJeIN Jo Sep 419 es uo sexes 'ttsp10 andlos to Asp Wt to I!ouno3 At!0 IVs AQ busses/ pnyt uo peso/Ode pus passed eeM eoueu!pjo eql Ateteloe$ Apo out to ns{o 03PN IBb1 OTTT to ut e&ayo OU to o!ICnd eto t epel!em s! eoueU!plo e111 o 1xet Ifni ay* )o Adoo v AO 1/6f13SfW 1 31418C 01 $VX31SI HO Sf1 tlO3 3C 110 'N011100V H3V3s Zl NV ' l 1 '0L S.1.011-1116 ON's s X0016 l 11404O1SVV3A OL) Al.N3M1 HOi 3SV31 1431•DNO1 V ONV 3SV31 �33X3V "11 oNRt'soH I1V 9$e0Z .ON 33NVNI080 40 39V$$Vd 60 33110N _,.