HomeMy WebLinkAbout13132 ORD - 04/14/1976• JRR:hb:3 /9/76:lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH LITTLE THEATRE. CORPUS CHRISTI, INC.,
FOR USE OF THE HARBOR PLAYHOUSE, 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, MARRED
EXHIBIT "A "; 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 lease agreement with Little Theatre Corpus Christi, Ync.,
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for use of the Harbor Playhouse, 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 ".
SECTION 2. Publication shall be made within six (6) days of
each of the first two readings by publishing in the official publication of
the City of Corpus Christi the caption of this ordinance, stating in substance
the purpose of the ordinance.
13132
LEASE AGREEMENT
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
WHEREAS, Little Theatre Corpus Christi, Inc., a nonprofit
Texas corporation, hereinafter called "Theatre" and the City of Corpus
Christi, Texas, hereinafter called "City" did enter into an agreement on
April 16, 19730 for the construction of a community theatre facility in
the Bayfront Science Park; and
WHEREAS, a condition of said agreement was that The Sams
Foundation and the Theatre would donate such community theatre to the City
of Corpus Christi, after completion of construction, and
Said Theatre, having accepted the new community theatre
building as complete and in compliance with the plane and specifications,
has conveyed the community theatre unto the City, and City has accepted
conveyance of the community theatre; and
WHEREAS, said agreement further provides that after acceptance
of the community theatre, City will enter into a lease with Theatre
regarding the management, operation and maintenance of the community theatre:
NOW, THEREFORE, City does hereby lease and let said community
theatre unto the Theatre for the period of time and under the terms here-
inafter set forth, to -wit:
1. This lease covers the community theatre building located
on Block 90, Beach Portion of the City of Corpus Christi, Texas, according
to the map or plat thereof, recorded in Volume A, Page 3, Map Records,
Nueces County, Texas, together with the fixtures therein.
2. The term of this lease shall be for five (5) continuous
years, beginning on the day of , 1976, subject
to the provisions concerning termination as stated herein.
3. It is understood that the Theatre will be responsible
for furnishing and equipping the building and that City has no obligation
to furnish any equipment or furnishings for the community theatre. Equip-
ment, including fixtures, furnished by Theatre or donated by others in
behalf of Theatre, will remain the property of Theatre unless specifically
donated to City.
4. The responsibility for the maintenance and operation of
the community theatre will be and remain with the Theatre and said theatre
will have priority in scheduling of its productions and rehearsals. City,
public groups and others as classified on the attached schedule shall enjoy
the use of said community theatre on a reasonable time basis and Theatre
agrees to make the same readily available for such use, subject only to
prohibition by laws of the United States or State of Texas and such City
ordinances and regulations which may govern or control the same and
Theatre agrees to schedule such use or uses upon a reasonable time basis
and within the general outlines provided by the attached schedules,
Exhibits "A" and "B ". In this connection, Theatre agrees to maintain a
firm schedule at least six months in advance, showing its productions and
rehearsals and other firm commitments, and to provide City an updated
copy on a monthly basis. Both parties hereto agree to cooperate with one
another in contracting for such events and general public uses.
A. Theatre shall have the right to rent the community theatre
to sponsors for other uses, which are generally public in nature.
B. Theatre shall have the right to charge rental fees for
the use of the community theatre, and in addition thereto, to charge
actual unusual out -of- pocket costs incurred by the Theatre through use
by others. Such rental fee shall be as shown on Schedule "A" contained
herein and attached hereto and such additional operating costs as are
shown on Schedule "B ", attached hereto, both of which schedules are
incorporated and made a part of this agreement. It is agreed by and
between City and Theatre that such schedules "A" and "B" may be reviewed
annually and such changes made as may be or became necessary based upon
operating experience.
C. Theatre shall pay all operating expenses in connection with
its use and the use of the community theatre by others and shall receive
all rents and revenues from said operations, except however, the City will
pay the premiums for insurance, including liability coverage, fire and
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extended coverage for the building and contents and will pay for electricity.
City will submit a statement for the payment of such costs within thirty
(30) days of date of payment by City and said Theatre shall promptly
reimburse City for its payment of the stated expenses. Water, sanitary
sewer and garbage collection services will be procured and paid for
directly by Theatre.
D. Theatre may refuse the use of the community theatre 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 community theatre or by virtue of failure to meet the moral standards
of the community, but Theatre shall first obtain the written concurrence
of City.
5. Theatre agrees to provide all building and equipment
maintenance, and janitorial service.. City will provide maintenance of
grounds, walkways, parking areas and driveways.
6. Theatre shall have the right to provide telephone service,
and Theatre agrees to bear the cost of such service.
7. Smoking, food and beverages are prohibited in the theatre
auditorium. Theatre agrees to limit smoking by patrons, employees and
other persons to designated areas in the lobby, office and backstage.
S. Theatre agrees that alterations, additions or improvements
to the community theatre building shall be made only after written approval
is granted by the City.
9. Theatre agrees to keep and maintain, in a manner acceptable
to the City 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, and
to provide City with an annual report including, but not limited to, a
balance sheet and a complete statement of receipts and disbursements for
the preceding year prepared by a certified public accountant.
10. Theatre shall have the right to provide concession
activities, including the sale of alcoholic beverages. Theatre shall
prominently display a list of prices to be charged at each location
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where concession items are sold, and such prices shall not exceed prices
charged for similar services under similar conditions elsewhere in the
City. Theatre shall offer concession services to other users of the
community theatre on the same basis and at the same prices as for theatre
events.
11. Theatre shall have the right to install and maintain one
marquee for the purpose of announcing current and coming attractions and
one identification sign. Such marquee and identification sign shall be
designed and located to conform and relate architecturally and aesthetic-
ally to the theatre building and to the Bayfront Science Park Complex.
The design and location of both the marquee and identification sign shall
be approved by City before any construction or installation of these
facilities.
12. The breach of any of the conditions hereof by Theatre,
or the dissolution of said corporation, shall terminate this agreement
and subject the same to cancellation by City upon written notice.
WITNESS THE HANDS of the duly authorized offices of the parties
hereto, this day of , 1976.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
DAY OF , 1976:
City Attorney
By
R. Marvin Townsend, City Manager
ATTEST: LITTLE THEATRE CORPUS CHRISTI, INC.
"SCHEDULE A"
COMMUNITY THEATRE RENTAL FEES
I. Schedule of Fees
•
Rental for up to four
Rental for all day
hours
(up to 12 hours)
General Auditorium only
General Auditorium Only
A. Event of a profit making
$200 $100
$400 $200
or commercial organization,
or an individual
B. Event of a non profit
organization
100 50
200 100
C. 'Event for a non profit
50 25
100 50
organization open to the
Public with no admission
charges, collection or
fund raising
D. City of Corpus Christi i.e.,
(at at
(at (at
not covered by one of above
theatre's theatre's
theatre's theatre's
cost) cost)
cast) cost)
II. Rental of the auditorium only shall
act curtain) or dressing rooms.
not include use of the stage
area (behind the
III. Above rental prices includes the following services: (See "Schedule
.to base rentals)
B" for additions
1. Opening lobby
2. Opening auditorium
3. Lighting in opened areas
4. Air- conditioning
5. Use of 110 volt outlets
6. Ordinary cleanup
"SCHEDULE B"
AVERAGE ADDITIONAL OPERATING COSTS
(Supplement to Schedule A)
To be added to base rental according to services desired.
1. Salary costs
A. Manager (included at no extra charge in all paid rentals
B. Head technician (included at no extra charge in general
rental s)
C. Custodian (included at no extra charge 8 a.m. to 5 p.m.)
D. Technicians (each)
E. Box office /or secretaial /clerical personnel
2. Building maintenance costs
(ordinary maintenance included at no extra charge in base
price on all paid rentals)
3. Stage equipment and utility costs (whenever stage lighting,
flying system or sound system are used)
•
$ 6.50 per hour
4.00 per hour
2.50 per hour
2.50 per hour
3.50 per hour
2.00 per hour
10.00 per hour
•
THAT THE FOREGOING ORDINANCE WAS READ F THE FI ST TIME AND PASSED
TO ITS SECOND READING ON THIS TNE�DAY OF L,/ 19.X BY THE
FOLLOWING VOTE:
JASON LueY
!)P. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORDINANCE VAS AD �10. THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS TNE�DAY OF
FOLLOWING VOTE: 19� BY THE
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FORE DING ORDIN
FINALLY ON THIS THE rl AY OF
JASON LUBY
DR, BILL TIPTON
EDUARDO DE ASES
RUTH GILL
808 GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
PASSED AND APPROVED, THIS
�
DA
DAT OF � 19:
EXEC. ASST, ATYTTORNEY
M CITY OF CORPUS CHRISTI, TEXAS
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss:
County of Nueces. 1
Before me, the undersigned, a Notary Public, this day personally came...._...._ . .... __..........
Rowena C. �elas. ue . _._....__.._._ who being first duly sworn, according to law, says that be is the
AC.0- 0- Unt1= .......................... _._........................... 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 .. ... . NOTICE- OF - PASSAGE ON 2ND READING OF AN ORDINANCE AUTHORIZING THE CITY
MGT...A LEASE AGREEMEN WITH LITTLE TMTHE...
of which the annexed is a true copy, was published in ....--- --- ......__
is
on the.. 2 day of._....- — arch...... - ---.19.....7 MM...---- .._........._th
ctiSe........ _ -- ........._..- ._._..._._.._.. /
,Rowena ... G'. Velasq ez Accounting
Subscribed and sworn to before me this......... 29- - - - - -- -day df_.-- .7. ----- - ---- .- - cY . -- _ - - -• --
Eugenia S. Cortez
,hlir_ nP -as County. Texas
NOTICE OF PASSAGE ON 2ND
READING OF AN ORDI
firs) rumnp
i an the 'City m,
R Nell
IT 1% 1
le) 01110. Reed.
SILL 0. READ, Clry Secretary
i My of Corpus Chrlstl, Tens
IISEAL) _ - -
C
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, tom;
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came .......... _ ........
_.__.._
Rowena C, .Velas.quez ......... .......... . who being first duly sworn, according to law, says that he is the
AccountinC------- --_----------- --_.- ....._....-------------- 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
biiFj �LlS,.....UD. SIC ..- Ok_..P,Aa � AQY-.QI3 X- RaADII ..PE_A_IY.- ORD� ?12N��- ,_AUTHORIZING THE CIT3
MANAGER .LITTLE THEATRE C.C. INC., FOR USE..
of which the annexed is a true copy, was published in Caller - Times
on the—J.6... day of ------- __--- M.arch_....._--- 19.7.b..,
)... ._ ..... _ ... Times.
82-- --- -- -•• . -
"' C. Velas uez Acco ing
Ro �na up
Subscribed and sworn to before me this ......... -_ .y. de of. -.- . larch•• . .... ..............._... 19_..( —�
y -
L
Eugenia S. Cortez
Notary Pub C. Nueces County, Texas
NOTICE OF FASSAOE ON
FIRST READING OF AN OR-
DINANCE: AUTHOR'ZING
THE CITY MANAGER TO EX- I
-ECllTE A LEASE AGREE-
MENT W SI -AEI
TMEATRE ORPU `
cur FOR USE OF THE HAR-
EOR PLAYHOUSE, FOR A
TERM OF FIVE YEARS, ALL
_ AS MORE FULLY SET FORTH
IN THE LEASE AOREE-
MENT, A SUBSTANTIAL
COPY OF WHICH IS AT
-
TACHEDTO THE ORDI-
NANCE AND MADE A PART
HEREOF, MARKED EXHIBIT,
"A "; ON FILE IN THE OF-
RICE OF THE CITY SECRE-
TARY; PROVIDING FOR
PUBLIC•.TION,
WAS PASSED on first reading,
by the City Ccun'11 of Me City of 1
CortAU Chrleti during the Repo- I
,at Coone
il meettnp held on
March 10, 1976 at 4:00 Rm., and
provides slat it shell take affect
from and after Its third and final
readln, and publlcatlon.
ISSUED UNDER MY HAND
AND SEAL of the City of Corpus
Chris,,, Taos, this 141h day of
March, 1976.
/s /Bill O. Reed
BILL . READ,
City Secretary
City of Corpus Christi,
Tees
(SEAL) _ ___ __ __