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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., • 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 -2- 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 -3- 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) _ ___ __ __