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HomeMy WebLinkAbout17332 ORD - 11/03/1982• k's AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE CORPUS CHRISTI ARTS COUNCIL FOR THE LEASING OF THE PREMISES OF THE MERRIMAN-BOBYS HOUSE FOR THE RESTORATION AND USE OF THE PREMISES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a lease agreement with the Corpus Christi Arts Council, for the leasing of the premises of the Merriman-Bobys House for the restoration and use of the premises by the Corpus Christi Arts Council, 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." SECTION 2. That, in the judgment of the City Council, the investment planned by the Corpus Christi Arts Council relates reasonably to the value and length of the lease. iviiCROFILMED 1_7332 SEP Z ti 1984 , LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement of lease by and between the City of Corpus Christi, a municipal corporation, designated herein as Lessor, and the Corpus Christi Arts Council, designated herein as Lessee, WITNESSETH: That the Lessor does by these presents lease and demise unto the said Lessee the following described property lying and being situated in the City of Corpus Christi, Nueces County, Texas, to -wit: Lots five (5) and six (6), excepting the west thirty feet (30') thereof, Block Sixty-one (61), Beach portion, a subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by a map or plat thereof as recorded in the Map Records of Nueces County, Texas, including the improvements situated thereon, for the term herein provided, in consideration for which Lessor and Lessee covenant and agree to perform the following terms and conditions, to -wit: 1. Lessee shall institute a program of restoration of the structure known as the Merriman-Bobys House located on the above described land in accordance with the terms, conditions, and procedures as provided in Section 9 of Ordinance No. 12315. The restoration shall adhere to the plans and appearance of the original structure so far as it is possible to be ascertained by Lessee and so far as it is deemed economically and physically feasible. The restoration of the structure shall include the renovation of the interior and exterior of the building. , 2. Lessee has secured the services of James G. Rome as architect to plan, direct and supervise such restoration and renovation, which architec- tural firm is acceptable to Lessor. All expenses and fees paid to such architectural firm shall be paid by Lessee. If the services of such architec- tural firm should be terminated for any reason prior to completion of such restoration then Lessee shall engage a replacement architectural firm with knowledge and experience in historic restoration acceptable to Lessor. FKA 3. Prior to commencing suth restoration and renovation, the super- vising architect shall submit restoration plans to the Landmark Commission of the City of Corpus Christi, Texas, for its approval and such approval shall be a prerequisite for the issuance of any building permit required by Lessor's Building Official. Further, said plans shall provide for energy conservation and reasonable maintenance, and Lessor reserves the right to approve the selection of construction materials and equipment to achieve these goals. 4. Lessee may maintain, at its expense, casualty and flood insurance 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 without their application to the repair or restoration of the leased promises. 5. Lessor shall provide at its expense all usual utility services used upon the leased premises and regular janitorial services for the improve- ments, and shall maintain the exterior of the building, grounds, and land- scaping of the leased premises in good condition and attractive appearance. Regular janitorial services consist of daily routine emptying of trash receptacles and cleaning floors. Such services will be performed by Lessor; however, desks and tables in offices of Lessee shall be cleaned by Lessee. Lessor shall provide janitorial services following a night meeting which is sponsored by Lessor. 6. Lessee shall use and operate the Merriman-Bobys House in a manner substantially consistent with the use plan as presented to the City and approved by the Landmark Commission. The Lessor agrees, in consideration of Lessee's restoration of the herein described structure, that Lessee shall have the right to establish and maintain its administrative offices within the building and to provide meeting rooms for activities of the Corpus Christi Arts Council. A. Lessee agrees to maintain the premises open to the public during regular office hours of Lessee, but no less than thirty-five (35) hours per week, Monday through Friday. Lessee shall provide information to visitors concerning 2 of 5 pages the history and restoration of the premises. Lessee shall also provide special tours for visiting parties or groups on an appointment basis. B. Lessee further agrees to maintain one or more rooms open and available as a meeting room or rooms for private nonprofit organizations during regular business hours of Lessee. Lessor, however, shall retain the right to reserve portions of the premises not occupied by Lessee's adminis- trative offices for meetings and other uses in support of Lessor's Convention Center activities on a reasonable basis as to which the parties may agree. Lessor shall not be limited in its use of the premises to the regular busi- ness hours of Lessee, but Lessor shall be responsible for the security of the premises during the period of its use. 7. A cessation of the use by Lessee of the leased premises herein set forth or any use subsequently requested by Lessee and approved by the Landmark Commission, for a period exceeding ninety (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 per- formed 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. 8. Upon completion of the restoration of the Merriman-Bobys House located upon the leased premises, 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. 9. 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 3 of 5 pages writing by the party changing such address: LESSOR: LESSEE: City of Corpus Christi City Hall Corpus Christi, Texas 78401 Attention: City Manager Corpus Christi Arts Council 3206 Reid Drive Corpus Christi, Texas 78404 10. Lessee shall not assign this lease without the prior written consent of Lessor. The Lessee shall have the right to authorize individuals, 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 premises. All of said use by said indivduais 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 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 theTTii City Manager or City Council. 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 the City Manager or City Council, 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. 11. The term of this agreement shall be fifteen (15) years beginning December 1, 1982, provided that Lessee performs the restoration of the Merriman-Bobys House at an estimated Obst-1 of One Hundred -Fifty Thousand Dollars ($150,000.00) during the first five (5) years of this lease. If Lessee fails to perform said restoration during the first five (5) years of this lease, this lease shall then terminate. Upon completion of the restoration, Lessee may send Lessor a written notice of completion; if Lessor does not object in writing within sixty (60) days to Lessee's assertions of completion, this lease shall automatically be continued for the remainder of such fifteen (15) year term. 4 of pages 12. Lessee may, at any time prior to the completion of the restora- tion and renovation planned as approved by the Landmark Commission, terminate this Lease Agreement at its discretion upon written notice to Lessor as pro- vided herein and Lessee shall have no further obligation hereunder. This, the day of , 1982. ATTEST: LESSOR: City Secretary APPROVED: City Attorney This, the CITY OF CORPUS CHRISTI Edward A. Martin, City Manager Bill Hennings, Assistant City Manager day of 1982. ATTEST: LESSEE: CORPUS CHRISTI ARTS COUNCIL Secretary President 5 of 5 pages '.• ' ;..2" That the foregoing ordinance wasjlead for Xitime And passed to its second reading on this the O' -day of , 19 la- , 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, read for e o d time at -0 passed to its third reading on this the day of , 19 , by the following vote: Luther Jones Betty N. Turner Jack K..—b-umphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foreg g dinance v read on this the day of Luther Jones r he tud time and passed finally , 190."/ , by the following vote: Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the day of ATTEST:. Secretary APPROVED: 70 DAY OF , J..BRUCE YCOCK CITY ATTORNEY By Assistant Ci 0rney , 19 MAYOR THE C Y OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. ) #10295 CITY OF CORPUS CHRISTI I733 - Before me, the undersigned, a Notary Public, this day personally came. ANNA GARZA who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Chihli Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the public -A, lion of TEXAS TO WIT LOTS FIVE AND SIX EXCEPTING THE WEST ..... of vrhich the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES on the itay a: NOVEMBER u and once each DAY .thereafter for ONE consecutive DAY ONE 396.90 ANNA GARZA 4- ACCT CLERK Subfqibed and sworn to before me this....._15 .._.d EUGENIA S. CORTEZ • of. FEBRUARY NotarjJpub iitTeces PUBLISHER'S AFFIDAVIT STATE OF TEXAS, t„, County of Nueces. #8555 CITY OF CORPUS CHRISTI Before me, the undersigned, a Notary Public, this day personally came._ ANNA GARZA ., who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus CM:AIM:nes, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING.....-... CORPUS CHRISTI CALLER -TIMES of which the annexed is a true copy, was published in on the -1 y of: NOVEMBER 19 8?., and once each DAY thereafter for ONE consecutive DAY ..... 24.30 ANNA GARZA S- ACCT CLERK Sublscribed and sworn to before me this.........1.7.1U.L.day 05 EUGENIA S. CORTEZ FEBRUARY C - Notary ex 'OTI E OF ORs EADING AUTH7 DE. 1 CNPOAANNSS AE E I NZ TI N wG AT L AE RA ST Es cEA cs,G jpE cuE ism RE CHRISTIN THE 'NG OF THE FOR THE OF THE THE pill -EAS. MERRim USE A.P.E08. YS_HE, , THE ATION AND USE 01'THE,Pa REMISES. WsSed on second by eadlng the City Coon f the Clt , Texas Yon011hCeo2rYPtuhs dCahrciSi-i I • ctober a, 1982, Previouysly 09 &„, tober,,...020,11r1s9t82realdhlngon text of sag theord lonuabneicef full avallabl the Office. of the City Siecc in re tary, Read /s/B111 G. ....s. . s Corpus Chr I R st4t,a-Td exa ir''': '; xe -- .8111 0. a' , P ...STATE OF TEXAS, t.‘, County of Nneces. PUBLISHERS AFFIDAVIT #V6084 City of Corpus. Christi / 3 3..S_ Before me, the undersigned, a Notary Public, this day personally came GRACIE DE LUNA who being first duly sworn, according to law, says that he is the ADM. ASST. SECRETARY of the Corpus Christi Caller and The Corpus Christi Tunes, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF . . . of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES on the.2ilday ig 82, and once each__Ilay thereafter for_ consecutive. day one Times. s_ 2 3 . 40 GRACIE DE LUNA ADM. ASST. SECRETARY - Subscribed and sworn to before me this ls t day EUGENIA S. CORTEZ November S otary P lic, Nueces County, Texas . NOT/ -C OF — ta Agts— FIRST RE N.G-- AUTHORIZING A 15 YEAR LEASE AGREEMEtslii WITH THE CORPUS CHRISTI ARTS COUNCt FOR THE LEASING OF1 THE PREMISES OF IKE,- MERRIMANBOBYS RUSE OF TH HOUSE FOR THE REST %. RATION AND 1 PREMISES Was pafied on first read- ing by the City Council of tJh City of Corpus Christi, Texas on the 20th day of Octobese 1982. The full text of said or- dnance is available to tile- City.,Secretary--- public in the Office of theG Read, - City Secretasso • Corpus Chris4 - "iatto PAMASE OF CRDOcaNCE ;Tay ANINCIONZING A AVIZIaardoe"' NITH -Mviteentar agr, orselor mon neevailable a meeting room or rooms private nonprofit orgeni- ations during regular usiness hours of Lessee cosik,_, c_my—F., „ essor, however, shall re- COONae— FUR THE LEAS- Jlfl the right to reserve 01:6 OF DEE PREMISES jsoriloos of the premises not op 7,.,06aRa1•,,,,02i_a0B. cupted by Lessee's ad. —RS HOUSE FOR THE Winistrafive offices for RESTORATION AND USE eetings and other uses In — RE IT ORDAiNED BY OrM CITY COUNCIL OF THE CITY OF CORPUS CiSCR15m SECTI:ON 1. That the City aranacm• Oe =.orrized to estect a lease reernent sirM.. fte C...—,o Ctrisil Arts Coco: oil ft tee teasing of *Pe z-m.nises a IT.. Merri- , ==t-SRors teros,e tor the . kessereGos No me of the 1"oro=iisito ty tee Corpus 9 Ctircia Arm Cocracit for a IFN. -met aftec yean, all as =re foal', Sr forth in the NMSE asrem=ete,. a suestan. nal:* ccOr of which is 004 made a Re owool. marked Exhibit SeCTICN X, Ttort, iis the iottgioi et toe City Com. cities lowessmow planned by os Corcm Christi Arts Cootocia retakes reasonably to Me issie lex) length of Ose Nose_ -.11 =As, AGREEFAENT THE STATE Cs. TEXAS /1 • .iod of time after written exictiirre OF NUEC ES 111 otice of such default or' This ..,..,,,,, 01 lease I reach from Lessor to Les - Ole City of Zeroes Censti. a municipal .corporatict. oesignated tent* as lessor, and the Coro. CLTEM Arts Council, destraNd iii.els.. as Les- see. I— iNTTyMSSETH: Iroise ono tesaid Tel= ow LL05005-e. does by n Case Newtotease and de- - pport of Lessor's Conven- n Center activities on a asonable basis as to •hich the parties may agree Lessor shall not be limited In its use of the EuernIses to the regular siness hours of Lessee, 1 Lessor shall be respon- ble for the security of the emlses during the period Its use. 7. A cessation of the use Lessee of the leased emises herein set forth or fly use subsequently re- uested by Lessee and proved by the Landmark mmission, for a period ceeding ninety 1901 days all constitute a default by ssee 0 default shall be ade in the performance of y covenant, condition or •reemenl contained in this ease to be kept or per- rmed by Lessee and such efault or breach of perfor.' ance shall continue for ore than a reasonable pe - 00 specifying such default r breach, then Lessor as't ts sole remedy may elect td3 erminate this lease and the!, errn created hereby in:. which event Lessor shall be: °titled to possession of Mei eased premises. 8 Upon completion of the estoration of the Merri• e Lessee an•Bobys House located the following described upon the leased premises, =tale ei 4*, be,n9 tessee shall make no strUc. .• is e City Coe. ural alterations or is poi ClistsS. teueces County, additions to the improve, i„Las Nee (51 and six (6), e.Feotte; fte west thirty toes 1.35.1 tkoreol. Block Six. Irene cam Beach portion, as sea -deka ot the City of 1 Cas-pos Christi; Nueces Oxi=y. Texas. as shown by a CZZP Cr ;tat thereof aS recorded io the Map Re - c8 Neeces County, Texas. ftcloding the Irn• orosemeots situated =onion for erfe Xylem berern crovid• ed. is considecation tor le•-cla Lessor and Lessee 1 Csieow= an avee to per- ents upon the leased - remises without the prior% Mien consent of LessorAl essee may make such non- fructural addltions,V Iterations and improve -1 ents upon the leasedi remises deemed necessary r desirable by Lessee and, pon termination of this ± ase, Lessee rnay, but shall of be obligated to, remove Il such nonstructural ad/li- ons, alterations and provernents. 9. Ali notices authorized required under this lease d all demands made pur- loin= tte totteen,,,, terms ant to it Shall De deemed aodcoolSoss. ft -wit: y.lfftcuentiy given when insume 0 Posted by certified matt, tage prepaid, re•orn re- f, ,..„,••••••., ',own ipt requested, with the S Postai Service ad• "cateon the above described land In accor• dance with the terms, conditions, and procedures as provided in Seaton 9 of Ordinance No. 12315. The restoration shall adhere to the plans and appearance of the original structure so far • as If is possible to be ascer- tained by Lessee and so faras it is deemed economi- cally and physically feasible. The restoration of the structure shall tnclude the renovation of the interi- or and exterior of the building. 2. Lessee has secured the services of James G. Rome as architect to plan, direct and supervise such restore. tion and renovation, which • architectural firm is accept- able to Lessor. All expenses and fees paid to such archi- • tectural firm shall be paid by Lessee. If the services of such architectural firm _ should be terminated for any reason prior to comple. tion of such restoration then _ Lessee shall engage a re- , placement architectural firm with knowledge and , experience in historic resto- ration acceptable to Lessor , 3 Prior to commencing , such restoration and reno- vation, the supervising , architect shall submit resto- I ration plans to the , Landmark Commission of the City of Corpus Christi, Texas, for its approval and such approval shall be a prerequisite for the issu- ance of any building permit required by Lessor's Build. mg Official. Further, said plans shall provide for ener- Y Conservation and reasonable maintenance, and Lessor reserves the right to approve the selec. tion of construction materials and equipment to achieve these goals _ 4 Lessee may maintain, at Its expense, casualty and flood Insurance upon all im- provements located on the ' leased premises. The pro- ceeds from any such murance policy bard for by Lessee shall constitute the property of Lessee, and Les - See, at Lessee's option, shalt either have the right to ap- ply such insurance proceeds to the repair and restoration of the leased premises or to retain such prOceeds for its own use without their appli- cation to the repair or restoration of the leased premises 5. Lessor shalt provide at Its expense all usual utility services used upon the leased premises and regular lanitorial services for the improvements, and shall maintain the exterior of the • building, grounds, and land. seeping of the leased premises in good condition and attractive appearance. • Regular janitorial ser- vices consist of daily routine emptying of trash receptacles and cleaning floors Such services will be Performed by Lessor, how. ever, desks and tables in offiees of LesSee shall be "...Ailed by Lessee Lessor se, •LoicesalefteNitegke,..J.ii:.• 6. T511511510se.,end yLJoperat Nalgignan,15bb.' t`IR a manner substantially consistent with the use plan as presented to the City •and approved by the Landmark CommisSion. The Lessor agrees, in con- sideration of Lessee's restoration of the herein de scribed structure, that Lessee shall have the right to establish and maintain its administrative offices with- in the building and to provide meeting rooms for activities of the Corpus , Christi Arts Council. A. Lessee egress to main. tain the premises open to the public during regular office hours of Lessee, but no Nss than thirty-five (35) hours per week, Monday , through Friday Lessee)9 shall provioe information tog visitors concerning the 015- (O0y and restoration of the: premises Lessee shall also provide special tours for( _visiting parties or groups or ArliPezlameht boni„aksi 111167—g&Fsx...:0 oellsThe whom directed at the ad- the Merriman.Bobys Hou dressed to t e harty to dress herein set,forth or at at an estimated cost of 0 n suother address as may Hundred -Fifty Thousan changinsuch address: frotime to time designat- Dollars ($150,000.00) durin m ed in writing by the party the first five (5) years g this lease. If Lessee fails t LESSOR: perform said restoratio City of Corpus Christi during the first five (5) City Hall years of this lease, thls Corpus Christi, Texas lease shall then terminate. 76401 Upon completion of the res. Attention. City Manager toration, Lessee may send Lessor a written notice of LESSEE. Corpus Christi Arts Council completion; if Lessor does 3206 Reid Drive not oblect In writing within sixty (60) days to Lessee's Corpus Christi, Texas 78404 assertions of completion, 10 Lessee shall not assign thus lease shall automatIcal- ly be continued for the this lease without the prior Lessor. remainder of such fifteen written consent of (15) year term. The Lessee shall have the 12. Lessee may, at any ti right to authorize individu- als, groups of individualS, me prior to the completion of the restoration and reno- or organizations to use por• tions of the leased premises Cation planned as approved by the Landmark Commis. for a purpose or p584505 for sion, terminate this Lease which the Lessee is herein m- Agreement at its discretion authorized to use the pre iupon written notice to Les• ses All of said use by said sor as provided herein and Individuals or organizations Lessee shall have no further shall be sublect to and In obligation hereunder. accordance with the spirit and terms of this contract This, the day of rection and supervision of ATTEST EST • and shall be under the di - the Lessee. The Lessee shall not enter for longer than i. ninety (90) days into any written contract or agree— ment, including an agreement, regarding th operation or use of th [ leased premises without th 1 Edwagt:,iii,ANLIZiel,,. concession, contract o Bill Hennings, prior written consent of th Assistant City City Manager or City Cou, APPROVED• Manager 011. In the ordinary cour 1 of providing or authorizi events under and in acc itC1918ty2.Attorney functions, programs a dance with this contra 8 This, the day of prior consent thereto of 1 ATTEST: the Lessee may, without t City Manager or City Co Cil, enter into writt contracts and agreeme of a routine nature and less than ninety (90) da duration, with such c tracts and agreemen being in accordance w 2-2 :::2.i:8.1 „10 .11111 fai 00009stisiOnstPf ,thho J, 0l.bemz/r46 40 ••-- City Secretary — LESSOR' CITY OF CORPUS CHRISTI iSecretary LESSEE. i CORPUS CHRISTI ARTS COUNCIL 8 t President Was passed and approved fizy the City Council .of the *11 Corpus Christi, Tex- t,li " s on the 1st day of ovember, 1982 -s-Bill G. Read _ City Secretary , Corpus Christi, Texas ' ...- —...www14rweaw--nroo •