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Home My WebLink About16255 ORD - 05/27/1981% AN 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 SIDBURY 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 Sidbury 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". 1!P 27 laR4' 16255 LEASE AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X 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 a Lease Agreement ("Original Lease") dated March 4, 1977, covering certain property known as Lots 3 and 4, 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 "Sidbury House," which land and improve- ments are herein called "Leased Premises"; and WHEREAS, Lessee instituted a program of restoration of the Sidbury House including renovation of the interior and exterior of such building_ so as to cause the Sidbury House to be restored as •a historical building in accordance with restoration plans approved by the Lessor; end WHEREAS, the useful life of the Sidbury House restored by Lessee' exceeds the term of the Original Lease plus the tern of the lease • hereinafter set forth; and WHEREAS, Lessor and Lessee have agreed that the Original Lease shallterminate on the effective date of this Lease Agreement; and WHEREAS, Lessor, Lessee and others have entered into a contract- pertaining ontract-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 (15) years beginning on June C 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 agrees that Lessee shall have the right to maintain its administrative offices on the second floor of such Sidbury House. 2. Lessor, at its expense, shall maintain the grounds and land- scaping of the Leased Premises in good condition and attractive appear- -ante. 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 dis- cretion, 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. 3. Lessee shall use and operate the Sidbury House in a manner substantially consistent with the use plan as previously approved by Lessor. The first floor of the Sidbury House shall be available for use as meeting rooms for nonprofit organizations and shall be maintained open to the public for a minimum of 8 hours per week with such schedule of visitation hours subject to approval by Lessor. 4. 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 -2- 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. 5. 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. 6. 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 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 7. Lessee shall not assign this lease without the prior written consent of Lessor. The Lessee shall have the right to authorize indi- viduals, groups of 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 indi- viduals or organizations 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. The Lessee shall not enter for longer than -3- 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 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. 8. 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 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 with- out their application to the repair or restoration of the Leased Premises. 9. On the commencement of the term -of this lease, the Original Lease 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: APPROVED: DAY OF , 198 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Manager -4- 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 I COUNTY OF NUECES X 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 HAND AND SEAL OF OFFICE this day of 198 . THE STATE OF TEXAS X COUNTY OF NUECES x 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 198 . day of Notary Public, State of Texas Print Name: My Commission Expires: -5- That the foregoing ordinance w read for t first time and passed to its second reading on this the j day of , 19 Y/ , 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 t second time a d passed to its • third reading on this the /3 day of , 19/1 , 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 w.s read for the tird time and passed finally on this the J7 day of , 197/ , by the following vote: 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 ATTEST: day of C' Secretary. APPROVED: (� DAY OF J. BRUCE YCOCK, By GV , /• Assistant Citi/ orney CI 7 Y ATTORNEY MA , 192,/ . THE C ` OF CORPUS CHRISTI, TEXAS 16255 STATE OF TEXAS, County of Nueces. Iss: PUBLISHER'S AFFIDAVIT -V.255133 /4A3- CITY OF C.C. 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 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 PASSAGE OF AN...... of which the annexed is a true copy, was published in _.CDREU.S...PH.RZS-TI.---CALI R-41I14E,S on ti}e 1st _ day of .MINE 19...81, and once each consecutive. days one Times. a 322.26 Subscribed and sworn to before me this day thereafter for Q.DQ.___ BILLIE J. HENDERSON 7th day of LOIS WINN Not P F ueces County, Texas JUNE 19 81 ----- PUBLISHER'S AFFIDAVIT #V252881 STATE OF TEXAS, t„: CITY OF C.C. County of Nu&-esr"P' ) 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 Christ! Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCID: OF SECOND READING,... RisMES of which the annexed is a true copy, was published in CORPUS CHTI, CALLER-TI on the 1 8th day of MAY 19..U.., and once each city thereafter consecutive dar ....... t. 31 .16 LORRAINE cQitTE3 .... ACCOUNTING CLERK Subscribed and sworn to before me this.22n.1 day of May • Notary Public, Nueces County, Texas C OF PASSAGE OF' AN-ORDINANC • No..16255 i 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 SIDBURY HOUSE, FOR A TERM OF FIFTEEN YEARS, ALL AS MORE FULL 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 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 Sldbury House, said lease to be for e term of fifteen years, all as more fully set forth In the lease agreement, a sub• stantial copy of which is at- . NOS, THEREFORE, for good and yatuabte• cot dTds erat)on—paid by Lessee f -o Lessor, the receipt and cuff!. ciency of which are hereby acknowledged, Lessor does by these presents lease and demise the Leased Premises to Lessee for a term of fif- teen years beginning on June' 1981, provided that' Lessee performrits portion of the Landscaping contract re- ferred to herein during the first five (5) years of this lease. If Lessee tails to per- form its portion of the above- described landscaping con- tract during the first five (5) years of this lease, this leas‘ shall then terminate. Upon completion of Its portion of such landscaping.- Lessee Lessormay send a written notice informing Lessor o1 completion, if Lessor dow not object In writing within sixty (60) days to Lessee's assertion of completion, this 'ease automatically shall be continued for the remainder of such fifteen (15) year term. I. Lessor agrees that Les. see shall have the right to maintain Its administrative offices on the second floor of such Sidbury House. 2. Lessor, at its expense shall maintain the ground }ached hereto and made a -and landscaping of the part hereof, marked ExhibitLEASE = Leased Premises In good A„ -condition and active aplIlI THE STATE OF AGREEMENT TEXAS sor shall provide rat Itsex COUNTY OF NUECES Pence all usual Uirllt19999� WHEREAS, the City of services (except teiephon Corpus Christi, a municipal service) used upon til corporation, herein called y Leased Premises and reguj "Lessor", and ThE Junior i far janitorial services for til League of Corpus Christi, Jmprovelrients, and shall Inc. herein designated as maintain the building there "Lessee," entered into a ; 0n in good condition and at Lease Agreement ("Original tractive bppearande, not f Lease") dated March 4, 1977, exceed an agreed maximun1 covering certain property sum each fiscal year as known as Lots 3 and 4, Block adopted by the City Councl 70, Beach Poftion, la sub• fn the approved City fiscal division of the City.of Corpus year budget. When City has Christi, Nueces 'County, Incurred expenses in the Texas, as shown by map or budgeted, amount for the plat thereof recorded in the above services, then Cityt Map Records of Nueces shall have no other obliga- County, Texas, including the tion to Lessee for main improvements situated tenance tothe building, inti! thereon known as the "Sid. Iles or janitorial service. The bury House", which land and City Council may, at its dis- improvemenft are herein cretion, provide additional called "Leased Premises"; funds to assist in the carry and ging out of furnn,c�,tions, pro• WHEREAS, Lessee in- grams, and evelTfs within the stituted a program of resto- Leased Premises by or ration of of the Sidbury House der the authorization of the including renovation of the r Lessee in, accordance with interior and exterior of such the spirit and terms of this building so as to cause the , contract. Sidbury House to be restored . 3 Lessee shall use and p- as a historical building in ac- erate the Sidbury House in a cordance with restoration manner substantially con - plans approved by the Les- sistent with the use plan as sor; and previously approved by Les - WHEREAS, the useful life sor. The first floor of the Sid - of the Sidbury House restor- bury House shall be avail- ed by Lessee exceeds the able for use as meeting term of the Original Lease rooms for nonprofit organl- plus the term of the lease nations and shall be main - hereinafter set forth; and tamed open to the public for WHEREAS, Lessor and a minimum of 8 hours per Lessee have agreed that the week with such schedule of Original Lease shall fermi- visitation hours subject to nate on the effective date of approval by Lessor. this Lease Agreement; and 4. A cessation of the use by WHEREAS, Lessor, Les- Lessee of the Leased Prem - see and others have entered ises herein set forth or any into a contract pertaining to, use subsequently requested the landscaping of the front) by Lessee and approved by portion of the block upon Lessor, for a period exceed - which the Leased Premises ing 90 days shall constitute a are situated; and default by Lessee. If default WHEREAS, in such land- shall be made In the per. scaping contract Lessee has formanee of any conversant agreed to use its best efforts condition or agreement con - -! ua y and to 9enerole,funds tuy WOvitl j(taiped in this lease to be bap pr0vetnents located o the Ing^certahip(an1s; fences juor`�crjgrtZlea W t-essea apoj 1E -eased Premises Thf ''pro- . _ eeds fSam_arp'>sY_c�i,Ansuf^ fire - such default or bresett of performance shall continue tor_more_iharLa.reasonab 4 eriod of time after writfer, — notice of such default o breach from gLessor to Less �initiatee ihtsn leasehand 111 term created hereby i which event Lessor shall entitled to possessiorz of t Leased5 Lesseesises. hallmake's structural alterations or a ditions to the improvemen upon the Leased Premis without the prior writtel consent of Lessor Lesser, may make such non structural additions, altera tions and improvement ance poficybar. ' by, es• upon the Leased Premise ee shift tonsfrtgpe the deemed necessary or desig- property'of Lessee,—and -L'es- able by Lessee and, upon In see, at Lessee's option, shall urination of this lease, Les' either have the right toapply see may but shall not bj such insurance proceeds to obligated to, remove all sur the repair and restoration of nonstructural additions, a+ the Leased Premises or to terations, and improve7 retain such proceeds for its ments. i own use without their spall-, 6. All notices authorized orr cation to the repair or resto- required under this lease and all demands made pursuant to it shall be deemed suf- ficiently given when posted by certif led mail, postage prepaid, return receipt a-1 nate. quested, with the U.S. Postal IN TESTIMONY WHERE. Service addressed to the par- OF, the parties to this agree- ty to whom directed at the ment have hereunto set their; address herein set forth or at hands in -duplicate. such other address as may This the -- Day of --, be from time to time desig- 19-- nated in writing by the party ATTEST: changing such address City Secretary LESSOR: City of Corpus CITY OF Christi CORPUS CHRISTI P.O. Box 9277 ' Corpus Christi, TX 78408 R. Marvin Townsend ,Attention: Assistant City 1PFROVEO: onagger s•Bill Hinnipgs League of EE:, The Junior Assistant City Manager ration of the Leased Prem- ises. 9. On the commencement of the term of this leas?. the Original Lease. shall fermi - Corpus Christi, Inc. L r SPPROVED: d P.O. Box 837 -- DAY OF — 198--. Corpus Christi, TX -78403 I. BRUCE AYCOCK, ;Attention: President ITV ATTORNEY t7. Lessee shall not assign his the ---- Day of his lease without the prior --- 19—_ written consent of Lessor. The Lessee shall have the ATTEST: right to authorize iidivid- •Mrs. Thomas A. Jackson 001g. groups of individuals, or organizations to,.use nor - By Secretary tions of the Leased Premises . LESSEE for a purpose or purposes for t THE JUNIOR LEAGUE author which-the Lessee is herein I OF CORPUS BHRISTI, INC Premises. to use the Leased 1 y Premises. All of said use by i Mrs. W. Richard McCracPresien , said Individuals or organtza• i tions shall be subject to and Mrs. Stewart N. Rice, in accordance with the iptrit and terms of tills contract Treasurer and shall be under the direc. i THE STATE OF TEXAS tion and supervision of the , COUNTY OF NUECES Lessee. The Lessee shall not ' BEFORE ME, the under enter for longer than ninety )signed authority, the this day (90) days into written con- 1 MAed au TOWNSEND, tract or agreement, tnclud- ing any concession, contract or agreement, regarding the operation or use of the. Leased Premises without the prior written consent of Les- sor. In the ordinary course of providing or authorizing functions, programs and events under and In accord- ance with this contract, the Lessee may, without the pri- or consent thereto of Lessor, enter Into written contracts and agreements of a routine nature and of less than nine- ty (90)daysduration, with such contracts and agree- ments being in accordance with and subject to the terms and provisions of this con. tract. B. Lessee may maintain at its expense casualty flogd'nsuravice Dpp-n'all'irn�-w•= personally appeared R. 'Manager of the City of Cor- pus Christi, Texas, a munici- pal corporation, known tome to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledge to me that he executed the same as the act and deed of said City of Corpus Christi for the pur- pose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND-AND.SEAL,OF OF- FICE this -- day 'Notary Public, State of Texas Print Name: ---- My Commission Ex- pires' THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the under- signed authority, on this day personally appeared MRS. W. RICHARD McCRACK- EN, President of the 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 tome that the same was the act of the said The Junior League of Corpus Christi, Inc., a corpo- ration, and that she executed the same as the act of such corporation for the purposes and consideration therein ex- pressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OF- FICE this -- day of 198--. Notary Public, ' State of Texas Print Name -- M y—Gam.np.453.1.0_,Jl, E x - pires'--