HomeMy WebLinkAbout15763 ORD - 09/17/1980•
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE
CORPUS CHRISTI CHAMBER OF COMMERCE OF A PORTION OF THE
CHAMBER OF COMMERCE BUILDING FOR A TERM OF 50 YEARS, FOR
A RENTAL OF UP TO $340,000.00 FOR THE ENTIRE TERM, WHICH
RENTAL SHALL BE PREPAID; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AN ASSOCIATED SUBLEASE WITH THE CORPUS CHRISTI
AREA CONVENTION AND TOURIST BUREAU; ALL AS MORE FULLY SET
FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH
IS ATTACHED HERETO AS EXHIBIT "A".
BI 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, a substantial copy of which is attached hereto
as Exhibit "A", with the Corpus Christi Chamber of Commerce for a portion
of the Chamber of Commerce Building, consisting of approximately 3,163 square
feet for the separate use of the City of Corpus Christi or its sublessees and
approximately 5,115 square feet for the joint use of the City or its sublessees
and the Chamber of Commerce. The City shall prepay as rent for the entire
lease term up to $340,000.00, based upon the final estimate of cost by the
architect designing the new addition to the Chamber of Commerce building.
Such lease shall be for a term of 50 years, unless modified by the parties,
commencing upon execution of said lease agreement as long as the City or its
sublessees desire to use such space for the purpose of promoting tourism and
conventions in Corpus Christi and disseminating related information to the
public.
SECTION 2. That the City Manager be and is hereby authorized to execute
an associated sublease with the Corpus Christi Area Convention and Tourist
Bureau.
MQFLLMED
.SSP 2 71984
LEASE AGREEMENT
THE STATE OF TEXAS 4
COUNTY OF NUECES 0
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This agreement is made and entered into this the day of
,1980, by and between the Corpus Christi Chamber of Commerce,
hereinafter called "Chamber of Commerce," and the City of Corpus Christi,
a municipal corporation, hereinafter called "City."
WHEREAS, the City desires to continue to vigorously promote the
benefits and advantages of the City of Corpus Christi and to depict the City
as a desirable location for tourism and the holding of conventions;
WHEREAS. the City is presently served by two organizations which
promote such goals, namely, the Chamber of Commerce and the Corpus Christi
Area Convention and Tourist Bureau;
WHEREAS, the Corpus Christi Area Convention and Tourist Bureau pres-
ently lacks sufficient office space to carry out its functions in the most
effective manner;
WHEREAS, the Chamber of Commerce also needs additional office space
to carry out its functions and is proceeding with plans to build a new addi-
tion to its present building for such use;
WHEREAS. the Chamber of Commerce is obligated and does maintain a
tourist information bureau within the Chamber of Commerce building;
WHEREAS, certain cost savings can be realized to both organizations
by sharing certain physical facilities in a single location; and
WHEREAS, the City desires to lease a portion of the proposed new
addition to the Chamber of Commerce building and sublease said portion of
premises to the Corpus Christi Area Convention and Tourist Bureau.
NOW, THEREFORE, in consideration of the mutual covenants and agree-
ments herein contained, the Chamber of Commerce leases to the City a certain
portion of the Chamber of Commerce building upon these terms:
I. Demised Premises:
The Chamber of Commerce as lessor does hereby lease to the City as
lessee the following:.
a. Approximately 3,163 square feet in the Chamber of Commerce
building for the separate use of the City or its sublessees, as indicated
in red on the drawing attached hereto as Exhibit "1" and incorporated by
reference.
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b. Approximately 5,115 square feet in the Chamber of Commerce
building for the joint use of the Chamber of Commerce and the City or its
sublessees, as indicated in blue on the drawing attached hereto as Exhibit
"1" and incorporated by reference.
Said Chamber of Commerce building, hereinafter called "building", is located
at 1201 North Shoreline Boulevard, Corpus Christi, Nueces County, Texas, and is
situated on property described and conveyed to the Chamber of Commerce by the
City by deed recorded at volume 517, pages 19-22, Nueces County Deed Records,
with a right of reversion.
II. Permitted Use:
The demised premises shall be used solely by the City or its sublessees
for promoting tourism and conventions in Corpus Christi and disseminating related
information, provided that the space described in Section I (b) may be jointly
used by the Chamber of Commerce for its activities.
III. Term:
This lease shall be for a term of fifty (50) years unless modified by
the parties hereto, commencing upon execution of this lease agreement, as long
as the City or its sublessees desire to use the demised premises for the uses
set forth in Section II above and the terms of this lease agreement are met.
The Chamber of Commerce covenants to have the demised premises ready for occu-
pancy and use by the City or its sublessees by January 1, 1981, or at a later
date mutually agreed upon by the parties.
IV. Rental:
The City shall pay as rent $340,000.00 to the Chamber of Commerce.
This rental sum represents the entire amount of rental which the City shall be
obligated to pay for the entire term of this lease. The rental shall be paid by
the City in monthly payments approximately equal to the City's pro rata portion
of the total project cost. Such monthly amount shall be based upon actual pay-
ments to date and shall be in the amount requested by the Chamber for construc-
tion payments.
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V. Parking:
The Chamber of Commerce shall make available to the City, its sub-
lessees, employees and guests adequate off-street parking on a nonexclusive basis.
V. Chamber of Commerce Responsibilities:
The Chamber of Commerce shall be responsible for the following:
(a) Maintaining all parking areas;
(b) Performing, at its own cost, all maintenance to the exterior
of the demised portion of the building, including, but not limited to, roofing;
(c) Securing, at its own expense,`policies of insurance providing
coverage on the building in an amount sufficient to replace such building;
(d) Securing, at its own expense, public liability insurance in the
amount of at least Five Hundred Thousand Dollars ($500,000.00) for bodily injury
or death to any one person, One Million Dollars ($1,000,000.00) for bodily
injury or death for any one occurrence, and One Hundred Thousand Dollars
($100,000.00) for property damage;
(e) Securing, at its own expense, workers' compensation insurance
covering all employees of the Chamber of Commerce engaged in any work at the
building.
VII. City Responsibilities:
(a) Heating and Air Conditioning Repairs:
1. The City shall be responsible for costs incurred for repair or
replacement of heating and air conditioning units designed solely to
heat and cool that portion of the demised premises described in
Section I(a).
2. The City shall be responsible for paying 50% of the costs
incurred for repair or replacement of heating and air conditioning
units designed to heat and cool that portion of the demised prem-
ises described in Section I(b).
(b) Telephone Service:
1. The City shall be responsible for paying 100% of the costs
incurred for installation of telephones within the premises described
in Section I(a), and 50% of the installation costs for telephones
within the premises described in Section I(b).
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2. The City shall pay 50% of the costs incurred for local tele-
phone service having extensions within the premises described in
Section I(b), and 100% of the local telephone service costs for
straight line telephones within the premises described in Section I(a).
3. The City shall be responsible for logging and paying all
costs of long distance telephone service attributable to the City or
its sublessees.
(c) Custodial and General Interior Building Maintenance:
The City shall be responsible for paying 40% of the costs incurred for
building custodial services and general interior building maintenance. This per-
centage represents the City's pro rata share of such cost based upon the square
footage of floor space actually used or jointly used by the City or its sublessees.
VIII. Indemnity:
After commencement of occupancy by the City or its sublessees, the
City shall indemnify and hold the Chamber of Commerce harmless for all liability
created by the negligence of the City, its sublessees, or the officers, agents,
employees, guests or invitees of the City or its sublessees, and for all costs
incurred in connection with the defense of such claims. The City shall not in
any way be responsible or liable on any claims, demands, causes of action relat-
ing to the construction of the demised premises, or for any of the financial
obligations which may be incurred or created by the Chamber of Commerce, or its
officers, agents, or employees.
IX. Improvements:
No improvements, additions or alterations -shall be made to the demised
premises without the prior written approval of the Chamber of Commerce.
X. Termination:
Except as otherwise provided herein, the Chamber of Commerce may
terminate this lease whenever the City or its sublessees no longer desire to
use the demised premises for the uses set forth in Section II above or the City
fails or refuses to comply with the terms of this lease agreement within a
reasonable time after receiving written notice of the violation and recommended
cure. The City may terminate this lease at any time after giving the Chamber
of Commerce 30 days advance written notice of its intention to terminate this
lease.
XI. Notice:
Any notices provided for under this lease may be given, in writing,
to the City by delivering or mailing the notice to the City Manager at P. 0.
Box 9277, Corpus Christi, Texas 78408, and the Chamber of Commerce by deliv-
ering or mailing the notice to the Chamber of Commerce, 1201 North Shoreline
Boulevard, Corpus Christi, Texas 78401, or any other address as the parties
may from time to time designate in writing.
XII. City's Reversionary Interest:
This lease is not intended to conflict in any way with the City's
reversionary interest described in the deed recorded at volume 517, pages
19-22 in the Deed Records, Nueces County, Texas.
EXECUTED in duplicate originals this the day of
19 , by the authorized representatives of the parties.
ATTEST: CORPUS CHRISTI CHAMBER OF COMMERCE
Secretary
ATTEST:
Bill G. Read, City Secretary
APPROVED:
DAY OF , 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
By
CITY OF CORPUS CHRISTI, TEXAS
By
R. Marvin Townsend, City Manager
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That the foregoing ordinance was read for e fi st time and_passed to its
second reading on this the i ' -day of O , 19 , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read
third reading on this the (01`-- day
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
That the foregoing ordi
on this the /7 day o
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the /% day of
ATTEST:
for t, e second time and passed to its
of , 1990 , by the
for thgthird time and passed finally
, 19' O , by the following vote:
671
y Secretary
APPROVED:
304 DAY OF 1 Ir
J. BRUCE AYCOCK, CITY ATTORNEY
, 19. :
By lY4.
Assists t y Attorne&Y''
MAYOR
THE , TY OF CORPUS CHRISTI, TEXAS
1.57E3
NOTICE -TF PASSAGT
OF ORDINANCE ON
SECOND P.E.. G'it ,.
AUTHORIZING THE CITY)
MANAGER TO EXECUTE,
A LEASE WITH THE .COR-
PUS CHRISTI CHAMBER
OF COMMERCE OF A POR-
TION OF THE CHAMBE
OF COMMERCE BUIL
ING FOR A TERM OF
YEARS, FOR A RENTA
OF UP TO 5340,000.00 FOR -
THE ENTIRE TERM,
WHICH RENTAL SHALL
BE PREPAID; AND AU-
THORIZING THE CITU
MANAGER TO EXECUTE
AN ASSOCIATE SUB-
LEASE WITH THE COR-
PUS CHRISTI AREA CON-
VENTION AND TOURIST
BUREAU; ALL A5 MORE
FULLY SET FORTH IN
THE LEASE AGREE-
MENT, AS SUBSTANTIAL
COPY OF WHICH IS AT-
TACHED HERETO AS EX-
HIBIT "A".
Notice Is hereby given that
the City Council of the City of
Corpus Christ!, has, on the
6th day of August, 1980, ap-
hroved on second reading;
aving previously approved
It on first reading on the 30th
day of July, 1980, the afore-
mentioned ordinance. The
full text of said ordinance ii
available to the public In the
Office of the City Secretary.
WITNESS my hand tNs
7th day of August, 1980,
-s•Blll G. Read,
;Clay 9e5fatary
Sti
NOTICE OF FASS.GE f
OF Oe''DINANCE ON
HEW Er, DINS
AUTHORIZING THE
CITY MANAGER TO EXE -
!
CUTE A LEASE WITH THE
! CORPUS CHRISTI CH
BER OF COMMERCE OF A
PORTION OF THE CHAM-
BER OF COMMERCE
BUILDING FOR A TERM
OF 50 A
RENTALARSOF, UPR TO
TI5340R,011E0.00
TERM, TWH CHE H
RENTAL SHALL BE PRE•
PAID; AND AUTHORIZING
THE CITY MANAGER TO
I
ATED USUBLEASETE ANSSOC WITH
, THE CORPUS CHRIST
AREA CONVENTION AND
TOURIST BUREAU; ALL
AS MORE FULLY 5E0
FORTH IN THE LEASE
AGREEMENT,
STANT COPY OF
WHICH IS ATTACHED
HERETO
ice Is hereby given that
the City Council of the City of
Corpus Chrlstl has, on the I
30th day of July, 1980, ap-
proved on first reading they•
aforementioned ordinance.'
The full text of said ordi-'
IIc In thevailaoffce of the Clty
Secretary. -s-Bill. Read
Bill eCRce
Y
jus
as ,
PUBLISHER'S AFFIDAVIT '
STATE OF TEXAS, L.
• County of Nueces. f •
""
Before me, the undersigned, a Notary Public, this day personally came_
LOItRAINE CORTEZ who being first duly sworn, according to law, says that he is the
ACCOUNTING CUR IC 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
N(ITI(:F nF Daccacu ofOOzINA,Cg_QN QNg` EEenrN_G_ errrvO Z Nr_ LEAST .jaLT "C
of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES
on the 11th day
AUGUST _ 19 80 and once each ` thereafter tor _ ONE
consecutive. DAY
/ LORRAINE CORTEZ ,4(u/12Q
"AtCODNTING'CLeK(
Subscribed and sworn to before me this 12th ..day of_ AUGUST
LOIS WINN 3e2.14'1"
otary-Public Nueces County, Texas
19__80
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, L.
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came...._..
LORRAINE CORTEZ� who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK 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 OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIzINC THE CITY TO EX.CUTE A I.EAgP WITH.
THE CORPUS CHRISTI CALLER -TIMES
of which the annexed is a true copy, was published in
on the4t' _ day of A: UST 19_19._, and once each. L. thereafter for one
consecutive. IfY
one _Times,
RTEZ
�--- 33.88 AC OCNPTNGrCURRK ,'
J
Subscribed and sworn to before me this_.__8th day of.... AUGUST 19 80
LOIS WINN
ataxy lic, 'sees County, Texas
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