Loading...
HomeMy WebLinkAbout16254 ORD - 05/27/1981AN ORDINANCE • AUTHORIZING THE CITY MANAGER,TO EXECUTE A LEASE AGREEMENT WITH THE JUNIOR LEAGUE OF`CORPUS CHRISTI, INC., FOR THE LEASING OF THE PREMISES OF THE LICHTENSTEIN HOUSE, FOR A TERM OF FIFTEEN 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". 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 the Junior League of Corpus Christi, Inc. for the leasing of the premises of the Lichtenstein House, said lease to be for a term of fifteen 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". MICROFILMED 'SEP 2 7 E'Rk 16251 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi, a municipal corporation, herein called "Lessor," and the Junior League of Corpus Christi, Inc., herein 'designated as "Lessee," entered into Lease agreements ("Original Leases") dated March 29, 1976, covering certain property known as Lots 5 and 6, Block 70, Beach Portion, a subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by map or plat thereof recorded in the Map Records of Nueces County, Texas, including the improvements situated thereon known as the "Lichtenstein House," which land and improvements are herein called "Leased Premises"; and WHEREAS, Lessee instituted a program of restoration of the Lichtenstein House including renovation of the interior and exterior of such building so as to cause the Lichtenstein House to be restored as a historical building in accordaince with restoration plans approved by the Lessor; and WHEREAS, the useful life of the Lichtenstein House restored by Lessee exceeds the term of the Original Leases plus the term of the lease herein- _ after set forth; and WHEREAS, Lessor and Lessee have agreed that any portion remaining of the Original Leases shall terminate on the effective date of this Lease Agreement; and WHEREAS, Lessor, Lessee and others have entered into a contract pertaining to the landscaping of the front portion of the block upon which the Leased Premises are situated; and WHEREAS, in such landscaping contract Lessee has agreed to use its best efforts to generate funds for providing certain plants, fences and lighting; NOW, THEREFORE, for good and valuable consideration paid by Lessee to Lessor, the receipt and sufficiency of which are hereby acknowledged, Lessor does by these presents lease and demise the Leased Premises to Lessee for a term of fifteen years beginning on June \ ; 1981, provided that Lessee perform its portion of the Landscaping contract referred to herein during the first five (5) years of this lease. If Lessee fails to perform its portion of the above-described landscaping contract during the first five (5) years of this lease, this lease shall then terminate. Upon completion of its portion of such landscaping, Lessee may send a written notice to Lessor informing Lessor of completion; if Lessor does not object in writing within sixty (60) days to Lessee's assertion of completion, this lease automatically shall be continued for the remainder of such fifteen (15) year term. 1. Lessor, at its expense, shall maintain the grounds and landscaping of the Leased Premises in good condition and attractive appearance. In addition, Lessor shall provide'at its expense all usual utility services (except telephone service) used upon the Leased Premises and regular janitorial services for the improvements, and shall maintain the building thereon in good condition and attractive appearance, not to exceed an agreed maximum sum each fiscal year as adopted by the City Council in the approved City fiscal year budget. When City has incurred expenses in the budgeted amount for the above services, then City shall have no other obligation to Lessee for maintenance to the building, utilities or janitorial service. The City Council may, at its discretion, provide additional funds to assist in the carrying out of functions, programs, and events within the Leased Premises by or under the authorization of the Lessee in accordance with the spirit and terms of this contract. 2. Lessee shall use and operate the Lichtenstein House in a manner substantially consistent with the use plan as previously approved by Lessor. Further, Lessee shall have the right to utilize the Lease Premises for charitable or educational purposes, including, but not limited to, the continuation of an existing program of creative art instruction and "in service" training in creative arts for elementary school teachers and art classes for elementary school children, which may be done in cooperation with the Corpus Christi Independent School District. 3. A cessation of the use by Lessee of the Leased Premises herein set forth or any use subsequently requested by Lessee and approved by Lessor, for a period exceeding 90 days shall constitute a default by Lessee. If default shall be made in the performance of any covenant, condition or agreement contained in this lease to be kept or performed by Lessee 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. 4. Lessee shall make no structural alterations or additions to the improvements upon the Leased Premises without the prior written consent of Lessor. Lessee may make such nonstructural additions, alterations and improvements upon the Leased Premises deemed necessary or desirable by Lessee and, upon termination of this lease, Lessee may, but shall not be obligated to, remove all such nonstructural additions, alterations and improvements. 5. A11 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 U.S. 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: LESSOR: City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78408 Attention: Assistant City Manager LESSEE: The Junior League of Corpus Christi, Inc. P.O. Box 837 Corpus Christi, TX 78403 Attention: President 6. Lessee shall not assign this lease without the prior written consent of Lessor; however, Lessee may sublet all or any portion of the Leased Premises, without the Lessor's prior approval, to The Creative Arts Center, Inc., a Texas nonprofit corporation. The Lessee or Lessee's sublessee shall have the right to authorize individuals, groups of -3- individuals, or organizations to use portions of the Leased Premises for a purpose or purposes for which the Lessee is herein authorized to use the Leased Premises. All of said use by said individuals or organi- zations shall be subject to and in accordance with the spirit and terms of this contract and shall be under the direction and supervision of the Lessee or the sublessee of the Lessee. The Lessee or Lessee's sublessee shall not enter for longer than ninety (90) days into any written contract or agreement, including any concession, contract or agreement, regarding the operation or use of the Leased Premises without the prior written consent of Lessor. In the ordinary course of providing or authorizing functions, programs and events under and in accordance with this contract, the Lessee or Lessee's sublessee, may, without the prior consent thereto of Lessor, enter into,written contracts and agreements of a routine nature and of less than ninety (90) days duration, with such contracts and agreements being, in accordance with and subject to the terms and provisions of this contract. 7. Lessee may maintain at its expense casualty and flood insur-- ance upon all improvements located on the Leased Premises. The proceeds from any such insurance policy paid for by Lessee, or Lessee's sublessee, shall constitute the property of Lessee, 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. 8. On the commencement of the term of this lease, any portion remaining of the Original Leases shall terminate. IN TESTIMONY WHEREOF, the parties to this agreement have hereunto set their hands in duplicate. This the Day of , 19_ ATTEST: CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend APPROVED: %5('.L�__ Assistant City Manager -4- APPROVED: DAY OF , 198 J. BRUCE AYCOCK, CITY ATTORNEY By ATTEST: This the Day of , 19 LESSEE THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC. By Mrs. Thomas A. Jackson, Mrs. W. Richard McCracken, Recording Secretary President Mrs. Stewart N. Rice, Treasurer THE STATE OF TEXAS COUNTY OF NUECES I I BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus - Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY -LAND AND SEAL OF OFFICE this day of 198 . THE STATE OF TEXAS x COUNTY OF NUECES I Notary Public, State of Texas Print Name: My Commission Expires: BEFORE ME, the undersigned authority, on this day personally appeared MRS. W. RICHARD McCRACKEN, President of The Junior League of Corpus Christi, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said The Junior League of Corpus Christi, Inc., a corporation, and that she executed the same as the act of such corpo- ration for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day,of 198 . Notary Public, State of Texas Print Name: My Commission Expires: -5- That the foregoing ordinance Ts read for first timeAd passed to its second reading on this theday of 19", by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing' ordinance was read for a second time d passed to its third reading on this the /3 day of , 19 / , by the following vote: Luther Jones Betty N. -Turner Jack. K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles -W. Kennedy Cliff Zarsky That the foregoing ordinance was ead for the t4rd time and passed finally 19,/ , by the following vote: on thisthe? day of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the a"/ day of ATTEST: y Secretary APP� VED: `� p ( p DAY OF (/tt 190/: J. BRUC YCOC, CI {ATTORNEY By Assistant City/}attorney MAY 16254 THE CI Y OF CORPUS CHRISTI, TEXAS STATE OF TEXAS, County of Nueces. // )Bs: PUBLISHER'S AFFIDAVIT v. 255132 - J6b2.5jV CITY OF C.C. Before me, the undersigned, a Notary Public, this day personally came ., who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi limes, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE PASSAGE OF AN ORDINANCE NO. 16254 of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the. 1 S.t day of JUNE 1981 „ and once each day thereafter for....ane. consecutive dao ..one Times. 33.74 B_LLIF,..J.t:.� Subscribed and sworn to beforeme this 7±..h. day of JUNE 19. 44.. LOIS WINN Notary Pub c, Nueces County, Texas PASSAGEbF, a$s AN_f]7201jNANCEi No 1AZS4 On May 27, 1981 AUTHORIZING THE CITY MANAGER TO EXE- CUTE A LEASE AGREE- MENT WITH THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC., FOR THE LEASING OF THE PREM- ISES OF THE LICHTENS- TEIN HOUSE, FOR A TERM OF FIFTEEN YEARS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS AT- TACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A" BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City IMahager be and he is hereby [authorized to execute a Lease Agreement with the Junior League of Corpus Christi, Inc. for the leasing of the •remises of the Lichtens- tein House, said lease So be for a term of fifteen years, all as more fully set forth in the lease agreement, a sal stanfial copy of which is at- tached hereto and made a part hereof, marked Exhibit —3;iliddinfhis Fease to De kept , _ (or pefformed by Lessee an .�:- • , a..� Such default or breach ol1 ' f>t{^ �,J YFje-40$k Sotj toerformana shall -continue J. or�more"ihan a reasonable g.od and valuagie 4bnsid• �Jpenod of time after wntten rI erat(or, paid, by Lessee to�. notice of such default en _ r Lessor, the receipt and suff(- f p 01.ofare reby specifying suc(1 d ad I lacknowledged,'FF.Lessor does or breach, ihen•Lessyaoor ai Its _ _ e by these presdnts-leese and' sole remedy may ofebt ib tar• frac s reemenis of demise the Lensed Premises minate this lease. Sed the routine nature and of les to Lessee for a term of lit' term [reefed hereby-in'�tha�ninety (90) days dura teen years beg1nning on June , ...nr.ehall be tion, with sech.cdhtracfs an 1981, providedi that Lessee enYifl2d-forpbsseision of the - agreements being ti [cord i.- performi its' portion of the Leased Premises, ante with and subject to the - Landscaping .contract re- 4 Lessee shall make no. terms and provisions of thin ferred-to herein during the structural alterations or ad- contract. first ,five years of this ditions to the improvements 7. Lessee may maintain at lease. If Lessee (ails to per- upon the Leased Premises its expense casualty and form its portion of the above- without the .prier written flood insurance upon all im- described landscaping con consent of Lessor. Lessee provements located on the tract during,the first five (5) may make such non- Leased Premises. The pro - years of this lease, this lease structural additions, altera• i coeds from any such incur - shall then terminate. Upon lions and improvements once policy paid for by Les - completion of its portion 0 upon the Leased Premises see, or Lessee's sublessee, such landscaping, Lessee deemed necessary or desfr• shall constitute the property may send a written notice to able by Lessee and, upon ter- of Lessee, and Lessee, at Lessor nforming Lessor of mination of this lease, Lou- Lessee's option, shall either completion; if Lessor doe see may but shall not be have the right to apply such not object n writing within obligated fo, remove all such Insurance proceeds to the re - sixty (60) days to Lessee's nonstructural additions, al- pair and restoration of the assertion of completion, this aerations, and improve- Leased Premises orio retain lease automatically shalt be meets such proceeds for its own use 5. All notices authorized or continued for the remaindelj without their application to of such Cfteen (IS) yeah required under this lease and ithe repair or restoration of term. - , A all demands made pursuant the Leased Pfemises. to it shall be deemed suf• I. Lessor, at its expense 8. On the commencement shall maintain the ground, Prepaid, flciently given when posted of the term of this lease, any and landscaping of- th rof ted mail, postage portion remaining of the Leased Premises in go• Prepaid, return receipt re- Original Leases shall fermi condition and attractive a• quested, with the U.S. Postal ate. + pearance In addition, Les Service addressed to the par. I IN TESTIMONY WHERE ty to whom directed at the OF, the parties to this agree, for shall provide of Its ex- address herein set forth or at 'ilent have hereunto set their" pense all usual utility such other address as may hands in duplicate. { services (except telephone be from time to time desigg: This the -- Day of --i service) used upon the, noted in writing by the pabiy 19--1 Leased Premises and regu- changing such address 4 TTEST: lar janitorial services for the i LESSOR: City of Cor us — City Secretor improvements, and shall Christi V CITU OCCAq�,, maintain the building there- P O. Box 9277 CORPUS CHRIergl on in good condition and at- Corpus Christi, TX 78408 .J'1 tractive appearance, not to Attention: Assistant City I: R. Marvin Townsenc exceed an agreed maximum sum each fiscal year as adopted by the City Council in the approved City fiscal year budget. When City has incurred .expenses in the budgeted amount for the above services, Shen City shall have no other obliga- tion to Lessee for main- tenance to the building, ufili• ties or janitorial service. The City Council may, at its dis- cretion, provide additional funds to assist in the carry- ing out of functions, pro- grams, and events within the Leased Premises by or un- der the dDffiorizat(on of the Lessee In accordance with the spirit and terms of this contract. 2. Lessee shall use and op- erate the Lichtenstein House in a manner substantially consistent with the use plan as previously Lessor. FurtherroLesseved e shall have the right to utilize the Lease Premises for char- itable or educational pur- poses, including, but not lim- ited to, the continuation of an existing program of creative art instruction and "in ser- vice" training in creative arts for elementary school teachers and art classes for 'elementary school children, which may be done In coop- eration with the Corpus Christi Independent School District. 3. A cessation of the use by Lessee of the Leased Prem- ses herein set forth or any use subsequently requested by Lessee and approved by Lessor, for a period exceed - Ing 90 days shall constitute a default by Lessee, If default shall bade.-ln"th-e pe[`• - formahe mce of anyiconveranfff anAiLiOn„ot,agpe�ni i cony LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi, a municipal corporav(on, herein called "Lessor", and the Junio League of Corpus Christi, Inc, herein designated as "Lessee," dntered into Lease agreements ("Origi• nal Leases") dated March 29, 1976, covering certain property known as Lots 5 and 6, Block 70, Beach Portion, a subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by map or plat thereof recorded In the Map Records of Nueces County, Texas, in• cludin9 'the improvements situated thereon known as the "Lichtenstein Nouse", which land and improve- ments are herein called "Leased Premises"; and WHEREAS, Lessee in- stituted a program of resto- ration of the Lichtenstein House including renovation of the interior and exterior of such building so as to cause the Lichtenstein House to be restored as a historical building in accordance with restoration plans approved I;y the Lessor; and WHEREAS, the useful fife of the Lichtenstein House re- stored by Lessee exceeds the term of the Original Leases plus the term of the lease hereinafter set forth; and WHEREAS, Lessor and Lessee have agreed that any portion remaining of the Original Leases shall termi- nate on the effective date of this Lease Agreement; and WHEREAS, Lessor, Les- see and others have entered into a contract pertaining to nhe landscaping of the front portion of the block upon which the Leased Premises are situated; and WHEREAS, in such land- scaping contract Lessee has agreed -to -use its best efforts to generate funbs-for-provid• ing certain plants, fences' anH itnWing• ger LESSEE. The Julio League of +1(g Corpus Christi, Inc. P.O. Boo 837 Corpus Christi, TX 78403 Attention. President ll 0 - 6. Lessee shall not assig' this lease without the brio written consent of Lessor; however, Lessee may sable all or any portion of th Leased Premises, wiihou the Lessor's prior approva to The Creative Arts Cente Inc., a Texas nonprofit corl poration. The Lessee or Les see's sublessee shall hay the right to authorize Indio id uals, groups of individuals or organizations to use por tions of the Leased Premise for a purpose or purposes tot which the Lessee is hereir, Iauthorized fa use the Lease Premises. All of said use b)l said individuals or organize' lions shall be subject to ana in accordance with,ihe spiv( and terms of this contra[ and shall be under the direc tion and supervision of th Lessee or the sublessee o the Lessee. The Lessee o Lessee's sublessee shall no f enter for longer than nine} (90) days into any w itteri japf- contract or agreement, in cluding any concession, con tract or agreement, re gardieg the operation br us of the Leased Premises with( out the prior written consen of Lessor. In the ordinar ' course of providing tar'n11 thorizing functions pro grams and events un elan, in accordance-w4p7-t S con tract; the•Lessepot Lessee': sublessee, may,' without Ilk prior 'consent thereto of Lei sor,_enter Into titleo_con' APPROVED: -s•9jB Hinning_ Assistant City Manager APPROVED: -- DAY OF --, 198 J. BRUCE AYCOCK, CITY ATTORNEY B is the ---- Da ATTEST: rs. Thomas A. Jackson, Recording Secretary LESSEE THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC_ B Mrs. W. Richard McCrackei Preslden Mrs. Stesyart N. Rice, Treasurer THE STATE OF TEXAS ' COUNTY OF NUECES BEFORE ME, the under. signed authority, on this date personally appeared RI MARVIN TOWNSEND, City Manager of the City of Cori pus Christi, Texas, a municij pal corporation, known tome to be the person and office whose name is subscribed to the foregoing instrument) and acknowledge tome that he executed the same as the act and deed of Said City of Corpus Christi for the pur6 pose and consideration therein expressed and in thy capacity therein stated. GIVEN UNDER M .AND AND SEAL OF OF FICE"th ---.day oe Notar vii.—x.,........,., i State•of-Texa Print Name. ----r My Commission Ex pires:---- THE STATE OF TEXAS COUNTY OF NUECES 11 BEFORE ME, the under, signed authority, on this day' personally appeared MRS, W. RICHARD McCRACK- EN, President of the The Junior League of Corpus Chrjsti, Inc , known to me to Iii the person and officer whose name is subscribed to the) foregoing instrument, and acknowledged to me that the; same was the act of the said The Junior League of Coypus Christi, Inc , a corpo- rafion, and that she executed the same as the act of such corporation for the purposes and consideration therm no- pfessed and in the capacity t erein stated. GIVEN UNDER MY (AND AND SEAL OF OF - ICE this'-- day of -- Notary Public, State of Texas Print Name: -- My Co.mrsli's`-5i -9 STATE OF TEXAS, County of Nueces. }ss: PUBLISHER'S AFFIDAVIT- —v. 235212 /� k74 CITY OF CORPUS CHRISTI Before me, the undersigned, a Notary Public, this day personally came BILLIE J. HENDERSON who being first duly sworn, according to law, says that he is the A.4GOIIJ. IJ�f,..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 FO OR1IN j-QLaN:.....-.... of which the annexed is a true copy, was published in GOR,g.US-•• 4iR-I-STs••-13� on thell h. day of 1tA.Y 198.1... and once each .f}fty thereafter for consecutive..__..4a.y —one - .-....- .Times. sb..t�..�.$z�z,��--a-.•--�E�1}���ald-.1�P./.�i�.i�;.�a-z Subscribed and sworn to before me this 2.n.d day of .A.N. 19...8 - LOIS WINN �„ Notary Public, hNueces County, Texas hyg/. P SSAGE'OF ORDANCE.OFFIRST READING, RENEWING THE LEAS AGREEMENTS WITH TH JUNIOR LEAGUE FO THE SIDBURY AND LICH• TENSTEIN HOUSES. NOTICE is hereby given that the City Council of the City of Corpus Christi has, on the 6th day of May, 1981 ap- pro'yed on first reading, the aforementioned ordinance. The full text of said ordi- a nan in the Office of the City a Secretary. B WITNESS MY HAND this "9 the 7th day of M.s-ay, GB Read 1. M• pm G. Read Do w.'4•,CitY'Secreta ry PUBLISHER'S AFFIDAVIT #V252879 1, CITY OF C.C. STATE OF TEXAS, l.; 1(,¢ a.S(( County of Nueces. 1f 1 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 Tames, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of _...�iDSSP.E_f1R.. i?ASSA6�--•©F•--4R�3F�3NSI�--� £�Ef,EdiF�•-�,ADIN�, , .. . of which the annexed is a true copy, was published in - THE CORPUS._ CHRISTI, CALLER -TIMES . on the 18th day of.....- MAY 19-81.., and once each day.__ thereafter for ...._ -nn P..-� consecutive day n ie Times. !� 31.98 LORRAINE CORTEZ. iaLQ.-.�`= 7 — ACCOUNTING CLERK Subscribed and sworn to before me this....22nt1....-.day of MAY 19_8.1— Notary Public, Nueces County, Texas