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