HomeMy WebLinkAboutC1985-7454 - 3/25/1985LEASE A«2EEIvEM
STATE OF TEXAS
COUNrv_ OF MECES
THIS A(;RMTaT-r of lease by and between the City of Corpus Christi, a Muni-
cipal Corporation, designated herein as "Lessor," and The Irish Cultural House,
Inc., a Non - Profit Corporation, hereinafter designated as "Lessee,"
WI TPIE S S ETH:
That the Lessor does by these presents lease and demise into the said
Lessee the following described property lying and being situated in the City of
Corpus Christi, Nieces County, Texas, to -wit:
"Lot two (2), Block Sixty-one (61), Beach Portion, a subdivision of the
City of Corpus Christi, Nieces county, Texas, as shown by a map or plat
thereof as recorded in the Map Records of Nieces County, Texas, including
the improvements situated thereon,"
for the term herein provided, in consideration of 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
]noun as the "McCampbell House" to be located on the above- described land in
accordance with the terms, conditions, and procedures as provided in Section 9
of Ordinance No. 12315. The restoration shall adhere to the plans and appear-
ance 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 is in the process of securing the services of an architect
with knowledge and experience in restoration of historic structures, to plan,
direct, and supervise such restoration and renovation, which selection of ar-
chitect will require the advance approval of Lessor. All expenses and fees
paid to such architectural firm shall be paid by Lessee as contracted. 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 archi-
tectural firm with knowledge and experience in restoration of historic struc-
tures, and which replacement architect shall be likewise 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 prere-
quisite for the issuance of any building permit required by Lessor's Building
Official. Nothing contained in this provision of the Agreement shall preclude
the issuance of a moving permit prior to the issuance of a building permit as
set forth in this paragraph. Further, said plans shall provide for energy con-
servation and reasonable maintenance, with materials and equipment specifica-
tions being subject to the reasonable approval of Lessor in furtherance of
achieving these goals.
4. Lessee may maintain, at its expense, casualty and flood insurance
upon all improvements located on the Leased Premises. The proceeds from any
such insurance policy paid for by Lessee shall constitute the property of Les-
see, 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.
5. Lessee will assume responsibility for all maintenance and utilities,
except water, sewer, and garbage removal which shall be the responsibility of
the Lessor. Lessor shall maintain the grounds and landscaping of the Leased
Premises in good condition and attractive appearance, it being understood that
the exterior landscaping shall be configured in such a manner so as to enhance
the exterior appearance of the structure.
Regular janitorial services consist of routine emptying of trash recep-
tacles and cleaning of floors as required. Such services will be performed by
Lessee. Lessor shall provide janitorial services following any meetings which
are sponsored or allowed by lessor.
6. Lessee shall use and operate the McCampbell House in a manner sub-
stantially consistent with the use plan to be presented to the City and ap-
proved 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
structure and to provide meeting rooms for the activities of The Irish Cultural
House, Inc., or any of its support groups.
(a) Lessee agrees to maintain the premises open to the public during
regular office hours of the Lessee for a minimum period of at least four (4)
hours per day for five (5) days out of each week. Lessee shall post a sign
outside the structure detailing the hours the same is open for public inspec-
tion. 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.
(b) Lessee further agrees to maintain at least one room open and avail-
able for use as a meeting room for private nonprofit organizations, which
meetings shall be conducted at mutually agreeable times during the regular
business hours of Lessee. Lessor, likewise, shall be permitted the use of a
portion or portions of the premises not occupied by lessee's administrative
offices for meetings and other agreeable uses, whether or not the use is in
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support of Convention Center activities, at times and on dates which may, from
time to time, be mutually agreed to by the parties to this Agreement. At all
times during which Lessor shall have access to and the use of the premises, it
shall be responsible for all security expense representative of its use or
sponsored use of the structure.
7. The 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, which cessation of use shall continue for a consecutive period ex-
ceeding ninety (90) days shall constitute a default by Lessee hereinunder. If
default shall be made in the performance of any covenant, condition, or agree-
ment contained in this lease to be kept or performed by Lessee, including the
foregoing, 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 McCampbell House located
upon the Leased Premises, Lessee shall make no structural alterations or addi-
tions to the improvements upon the Leased Premises without the prior written
consent of the Lessor. Lessee may make such nonstructural additions, altera-
tions, and improvements upon the Leased Premises deemed necessary or desirable
by Lessee and, upon termination of this lease, Lessee may, but shall ra)t be ob-
ligated to, remove all such nonstructural additions, alterations, and improve-
ments.
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 United States 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:
LESSCR?: City of Corpus Christi
P. 0. Box 9277
Corpus Christi, Texas 78459
Attention: City Manager
LESSEE: The Irish Oaltural House, Inc.
1702 Santa Fe 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 pl-
pose 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
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direction and supervision of the Lessee. The Lessee shall not enter into any
written contract or agreement, including any concession, contract of agreement,
or operation arrangement, for a period exceeding more than ninety (90) consecu-
tive days, regarding the operation or use of the Leased Premises without the
prior written consent of the City Manager or City Council, which consent will
not be unreasonably withheld. In the ordinary course of providing or autho-
rizing functions, programs and events under and in accordance with this con-
tract, 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,
with such contracts and agreements being in accordance with and subject to the
terms and provisions of this contract.
11. The Lessor authorizes Lessee to collaterally assign, mortgage, or
pledge by Deed of Trust or otherwise the rights under this lease unto the Cor-
pus Christi Housing Improvement Corporation for the sole purpose of securing a
rehabilitation loan to restore the premises leased hereby. Upon the receipt of
written notice of such financing, Lessor agrees to provide said leasehold mort-
gagee copies of all notices afforded Lessee hereunder.
12. The term of this Agreement shall be twenty (20) years beginning
January 11, 1984, provided that Lessee performs the restoration of the 2icCwp-
bell House at an estimated cost to be submitted at the time of approval of the
architect and provided that the restoration can be undertaken and completed
during the first five (5) years of this lease. If Lessee fails to perform said
restoration during the first five (5) years of this leased term, this lease
shall then terminate unless otherwise extended in writing. Upon completion of
the restoration, Lessee may send Lessor a written notice of completion; and, if
Lessor does not object in writing within sixty (60) days to Lessee's assertion
of completion, this lease shall automatically be continued for the remainder of
such twenty (20) year term.
13. Lessee may, at any time prior to the completion of the restoration
and renovation contemplated hereby, terminate this Lease Agreement at its dis-
cretion upon written notice to Lessor as provided herein and Lessee shall have
no further obligation hereunder.
fEBRvARy
EXECUTED this they day of 3mew!s, 1984.
ATTEST: LESSOR:
CITY OF CORPUS CIRIST_I
Z.l�,i�CLf�
Edwar A. Martin, City Manager
AUTHORQLt
IPD,
BY COUNCIL__.
�! SECRRV -4-
APPROVED:
_jjq�, DAY OF 17 1 1984:
BY: � ���� BY:
Assistlht Glty Attorney q IlL W. Thous Titter, Asst. City Manager
ATTEST_: L&4SEE:
'LICE MISH CULTURAL NO[JSE, PIC.
By:_ A
Secretary President /
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