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HomeMy WebLinkAbout17644 ORD - 06/15/1983AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) COUNCIL NO. 1 FOR THE LEASING OF THE PREMISES OF THE GRANDE-GROSSMAN 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 League of United Latin American Citizens (LULAC) Council No. 1, for the leasing of the premises of the Grande -Grossman House for the restoration and use of the premises by the League of United Latin American Citizens (LULAC) Council No. 1, for a term of twenty 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 League of United Latin American Citizens (LULAC) Council No. 1 relates reasonably to the value and length of the lease. 1744 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 League of United Latin American Citizens (LULAC) Council No. 1, designated herein as Lessee, W ITNESSET H: 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: The west 30' by the North 20' of Lot four (4), the west 30' of Lot five (5), the east 50' of Lot eight (8), and the east 50' by the North 20' of Lot nine (9), 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 Grande -Grossman 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 Romeo Garcia as architect to plan, direct and supervise such restoration and renovation, which architectural firm is acceptable to Lessor. All expenses and fees paid to such architectural firm shall be /paid by Lessee. If the services of such architectural 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. 3. Prior to commencing such restoration and renovation, the supervising architect shall submit restoration plans to the Landmark Ex b. 4,9 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 premises. 5. Lessee will assume responsibility for all maintenance and utilities, except water, sewer, and garbage which shall be the responsibility of the Lessor. Lessor shall maintain the grounds, and landscaping 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 Lessee. Lessor shall provide janitorial services following a night meeting which is sponsored by Lessor. 6. Lessee shall use and operate the Grande-Grossman 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 League of United Latin American Citizens (LULAC) Council No. 1. A. " Lessee agrees to,maintain the premises open to the public during regular office hours of Lessee for at least 4 hours per day on 5 days out of the week. Lessee shall post a sign outside the house detailing the hours the house is open to the public. Lessee shall provide information to visitors concerning 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 administrative 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 business 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 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. 8. Upon completion of the restoration of the Grande -Grossman 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 writing by the party changing such address: LESSOR: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Attention: City Manager LESSEE: League of United Latin American Citizens (LULAC) Council No. 1 1400 Guaranty Bank Plaza Corpus Christi, Texas 78475 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 individuals 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 the 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 twenty (20) years beginning June 1, 1983, provided that Lessee performs the restoration of the Grande -Grossman House at an estimated cost of Two Hundred -Fifty Thousand Dollars ($250,000.00) 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 twenty (20) year term. 12. Lessee may, at any time prior to the completion of the restoration and renovation planned as approved by the Landmark Commission, terminate this Lease Agreement at its discretion upon written notice to Lessor as provided herein and Lessee shall have no further obligation hereunder. Executed this the day of , 1983. ATTEST: LESSOR: CITY OF CORPUS CHRISTI City Secretary Edward A. Martin, City Manager APPROVED: City Attorney W. Thomas Utter, Asst. City Manager ATTEST: LESSEE: LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) COUNCIL NO. 1 Secretary . President That the foregoing ordinance wq read for e first time and ga1sed to its second reading on this the „'b 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 ordinan s read for ee second time and ed to its third reading on this the AL 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 fore oo ordinan was read for the d time and passed finally on this the /5 r"3ay 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 PASSED AND APPROVED, this the Ar day of ATTEST: 71/S DAY OF SGC J. BRUCE AYCOCK, C(IT1i' ATTORNEY MA , 1923 Pro:lan THE CITY OF CORPUS CHRISTI, TEXAS 127644 A MOTION Counici I IYlEmbert Z912c oved and Coupc I 1 Empett- —001T\13)1 seconded the motion that the ordinance authorizing a lease agreement with the lL League of United Latin American Citizens (LULAC) Council No. 1 for leasing of the premises of the Grande -Grossman House be amended prior to its third reading, the first reading being heard on May 25, 1983, and the second reading being heard on June 1, 1983, by placing all maintenance and utilities, with the exception of water, sewer, and garbage under the responsibility of LULAC, as lessee. Pass 1X11110�L p t'Nofices: 6. Lessee shall use and operate the Grande -Grossman House in a manner substantially con- sistent with the use plan as resented to the City and pndmark asspmmiorovd n tThee LessorL ssor rees, in consideration o ssee's restoration of It. rein described structure t Lessee shall have thi r ht to establish and main 1 in Its ad m inistratiw ices within the building d to provide meeting ms for activities of thi eague- of United Lath. erican Citizens (LU• AC) Council No. 1. A, Lessee agrees to main- nt ta,n the premises open to _ the public during regular IC p?1 d office hours of Lessee, but Ar; 4F'-'4".#tt no less than eight (8) hours '• °' &R l CE i$rtH i. per week, Monday through NO 17644 • Friday. Lessee shall pro - AUTHORIZING A LEASE vide information 10 visitors AGREEMENT WITH THE concerning the history and LEAGUE OF UNITED restoration of the premises LATIN AMERICAN CITI- Lessee shall also provide ZENS (LULAC) COUNCIL special tours for visiting NO' 1 FOR THE LEASING 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 organi- zations during regular business hours of Lessee Lessor, however, shall re tain the right to reserve portions of the premises not occupied by Lessee's ad- ministrative offices for meetings and other uses in support of Lessor's Conven- tion 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 business hours of Lessee, but Lessor shall be respon- sible for the security of the premises during the period of its use. 7. A cessation o1 the use by Lessee of the leased premises herein set forth or any use subsequently re- quested 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 perfsr• mance shall continue for more than a reasonable pe- riod of time after written notice of such default or breach from Lessor to Les- see specifying such default or breach, then Lessor a5 tis sole remedy may elect to erminate this lease and the term created hereby in which event Lessor shall be entitled 10 possession of th OF' THE PREMISES OF THE'GRANDE-GROSSMAN HOUSE FOR THE RESTO- RATION AND USE OF THE PREMISES, BE'IT ORDAINED BY 'THE CITY' COUNCIL OF THE CITY°OF CORPUS CHRIS. *SECTION 1, That the City Manager be authorized to ekecute a lease agreement With 'the League of United La'in' American Citizens - (LULAC) Council No. 1, for ,the leasing of the premises -f the Grande -Grossman House for the restoration and use of the premises by the -League of United Latin American Citizens (LU - CAC) 'Council No. 1, for a ferrn-of twenty years, all as more fully set forth in the lease agreement, a substan- lieI copy of which is • attached hereto and made a .riart hereof, marked Exhibit SECTION 2 That, in the 'judgment of the City Coun- ell, the investment planned by the League of United Latin American Citizens (LULAC) Council No 1 re- lates' reasonably to the value and length of the lease: • 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 'League of United Latin , American Citizens (LU - LAC) Council No 1, • designated herein as Les- see, WITNESSETH:' That the Lessor does by these presents lease and de- IeaseO premises. mise unto the said Lessee aUpon completion of th the following described8. firoperty lying and being restoration of th asituated in the City of Cor- Grande -Grossman House to spus,Chrlsti, Nueces County, Gated upon the lease :Texas, to -wit. premises, Lessee shat t The west 30' by the North make no structural alter 20: of Lot tour (4), the west ations or additions to th 30' of, Lot five (5), the east improvements upon th 50' of Lot eight (S), and the leased premises without th • east 50' by the North 20' of pri.rlssee may consent of Les Lof•nine (9), Block Six- nonstructural Lessee add make es suchc -1y-pre (61), Beach Portion, ll a subdivision of the City of aerations and improvements '-Corpus-Christi,_ Nueces upon the leased premises -County, T.ekas: as sliowri'y,^deemed necessary or des).-, 'b or�psal' Oras able w' 16M0.4 -ab L.J.s— _ ,�,��-�— et94'tte9Tfft"yo'enMaµ+R teriRfn-altTgij •o({Iff5, l'ei1s6: .Lokdis of''Nuddes (Codbtt, Lessee- may, figs-Shalh=not 1'5,exitss including the imr be obligated le remove all pyoye,ments .-sl tea ted such nonstructural add,- thereon, tions, alterations and for the term herein pro'vid• improvements. ed, in consideration for 9. All notices authorized which Lessor and Lessee or required under this lease covenant and agree to per and all demands made pur- form the following term: suant to it shall be deemed and conditions, to -wit' sufficiently given when 1 Lessee shall institute a posted by certified mail„ program of restoration of Postage prepaid, return re' - ) the structure known as the ceipt requested, with the Grande -Grossman House to U 5. Postal Service ad-. dcated on the above • described land in actor °'pante- with the terms, ,'cdnditi6ns, and procedures ,,as provided )n Section 9 0l .,Ordinance No 12315 The restoration shall adhere to the.plans and appearance of the original structure so far s it is possible to be ascer- t'talned by Lessee and so far dressed to the party to whom directed at the ad- dress herein set forth or at such other address as may be from time to time desig- nated in Writing by the party changing Such ad- dress - LESSOR' City of Corpus Christi P.O. Box 9277 Ss it Is deemed economical- Corpus Christi, Texas 78469 iy and physically feasible Attention, City Manager 1 The reiteration of the strut- LESSEE: League of United Itura shall include the Latin American renovation of the interior Citizens (LULAC) Council and exterior of the building. No. 1 Lessee has secured the 1400 Guaranty Bank Plaza services of Romeo Garcia Corpus Christi, Texas 78475 elf architect to plan; direct 10 Lessee shall not assign 604 supervise such restore- this lease without the prior tion and renovation, which written consent of Lessor. ;4architecturat firm i5 accept- The Lessee shall have the able"to Lessor All ekpenses right to authorize Individu- and fees paid to such archi- els, groups of individuals, 'tectural firm shall be paid or organizations to use per- . by Lessee. If the services of tions of the leased premises '-such' architectural firm ter a purpose or purposes •should be terminated for for which the Lessee'is any reason prier to console- herein authorized to use the tion of such restoration then Premises All of said use by Lessee shall engage a re- said individuals or organize- •placement architectural bons shall be subject to and 0 firm with knowledge and in accordance with the spir- t experience in historic resto- it and terms of this contract ration acceptable to Lessor. and shall be under the di. 3. Prior to commencing rection and supervision of F such restoration and rents- the Lessee. The Lessee shall •• yahoo, the supervising not enter for longer than, •'architect shall submit resto- ninety (90) days into any I ration plans to the written contract or agree - Landmark Commission of men t, including any the City of Corpus Christi, concession, contract or .Texas, for its approval and agreement, regarding the such approval shall be a operation or use of the 'prerequisite for the 155u- leased premises without the once of any building permit Prior written consent of the h required by Lessor's Build- City Manager or City Coun- Fing Official Further, said cll. In the ordinary Course ) plans shall provide for ener- of providing or authorizing i`gyl conservation and functions, programs and t reasonable maintenance, events under and In accor- trand Lessor reserves the dance with, thls contract, i' right to approve the selec- the Lessee may, without the 69 toil of construction prior consent thereto of the Dmatertals and equipment to City Manager or City Coun; achieve these goats. C)I', enter into written -4.' Lessee may maintain, contracts and agreements tat its expense, casualty and of a routine nature and of t flood insurance upon all )m- less than ninety (90) days provements located on the duration, with such con - "leased premises. The pro- tracts and agreements seeds from any such being in accordance with insurance policy paid for by and subject to the terms Lessee shall constitute the and provisions of this coni property of Lessee, and Les- tract. j see, at Lessee's option, shall 17. The term of this agree - either have the right to ap" ment shall be twenty (20)' ply such insurance proceeds years beginning June 1) to the repair and restoration 1983, provided that Lessee, of -the leased premises or to performs the restoration of retain such proceeds for ds the Grande -Grossman -wn use without their appli- House at 8n estimated cost ation to the repair or of Two Hundred -Fifty Thou estoration o1 the leased sand Dollars (5250,000.00) remises during the first five (5) 5. Lessee will assume re- years of this lease If Les - popsibility for .all see tails to perform said (maintenance and utilities, restoration during the first except water, sewer, and five (5) years of this lease. arbage which shall be the if Lessee fails to perform responsibility of the Lessor, said restoration during the Lessor shall maintain the first five (5) years' of this rounds, and landscaping of lease, this lease shall men he leased premises In good terminate. Upon completion condition and attractive ap- of the restoration, Lessee pearance, may send Lessor a written Regular janitorial ser- notice of completion; if Les - vices. consist of dally ser does not oblect in routine emptying of trash writing within sixty (60) receptables and cleaning days to Lessee's assertions floors. Such services Will be of completion, this lease performed by Lessee. Les- shall automatically be cen- sor shall provide janitorial tinued for the remainder of services following a night 'such twenty (20) year term, 1 meeting which is sponsored,. 12. Lessee may, at any by Lemon's' Iri,'`,a '0f9wprlur to the completion ` �,S`•:""�} ! a _ eajgr_jaJipp and repo AD#51797 City of Corpus PUBLISHER'S AFFIDAVIT Christi STATE OF TEXAS, tss: County of Nueces. 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 Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 17644 of which the annexed is a true copy, was published in on the).._ day of June 19 8 3 ., and once each day thereafter for sprig......_.. day consecutive One Timms �- 420.75 GRACIE DE LUNA ��/�.� ADM. ASST. SECRETARY/ Subscribed and sworn to before me this 21st day of June 1933 y!, EUGENIA S. CORTEZ _..._ —.0Cc - Notary Publi , Nueces County, Texas CALLER—TIMES PUBLISHING CO._____ e