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HomeMy WebLinkAbout18064 ORD - 02/01/1984TEXAS: AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE IRISH CULTURAL HOUSE, INC., FOR THE LEASING OF THE PREMISES OF THE McCAMPBELL HOUSE FOR THE RESTORATION AND USE OF THE PREMISES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized to execute a lease agreement with the Irish Cultural House, Inc., for the leasing of the premises of the McCampbell House for the restoration and use of the premises by the Irish Cultural House, Inc., 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 Irish Cultural House, Inc., relates reasonably to the value and length of the lease. SEP 2 81984 AliCROFALMED 1 Of 4 LEASE AMEEMEI T STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT of lease by and between the City of Corpus Christi, a Muni- cipal Corporation, designated herein as "Lessor," and The Irish Cultural House, Inc., a Non -Profit Corporation, hereinafter designated 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: "Lot two (2), 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 of 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 "McCampbell House" to be 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 appear- ance 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 is in the process of securing the services of an architect with knowledge and experience in restoration of historic structures, to plan, direct, and supervise such restoration and renovation, which selection of ar- chitect will require the advance approval of Lessor. A11 expenses and fees paid to such architectural firm shall be paid by Lessee as contracted. 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 archi- tectural firm with knowledge and experience in restoration of historic struc- tures, and which replacement architect shall be likewise acceptable to Lessor. 3. Prior to commencing such restoration and renovation, the supervising 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 prere- quisite for the issuance of any building permit required by lessor's Building Official. Nothing contained in this provision of the Agreement shall preclude the issuance of a moving permit prior to the issuance of a building permit as set forth in this paragraph. Further, said plans shall provide for energy con- servation and reasonable maintenance, with materials and equipment specifica- tions being subject to the reasonable approval of Lessor in furtherance of achieving 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 Les- see, 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 removal 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, it being understood that the exterior landscaping shall be configured in such a manner so as to enhance the exterior appearance of the structure. Regular janitorial services consist of routine emptying of trash recep- tacles and cleaning of floors as required. Such services will be performed by Lessee. Lessor shall provide janitorial services following any meetings which are sponsored or allowed by Lessor. • 6. Lessee shall use and operate the McCampbell House in a manner sub- stantially consistent with the use plan to be presented to the City and ap- proved 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 structure and to provide meeting rooms for the activities of The Irish Cultural House, Inc., or any of its support groups. (a) Lessee agrees to maintain the premises open to the public during regular office hours of the Lessee for a minimum period of at least four (4) hours per day for five (5) days out of each week. Lessee shall post a sign outside the structure detailing the hours the same is open for public inspec- tion. 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 at least one room open and avail- able for use as a meeting room for private nonprofit organizations, which meetings shall be conducted at mutually agreeable tamps during the regular business hours of Lessee. Lessor, likewise; shall be permitted the use of a portion or portions of the premises not occupied by Lessee's administrative offices for meetings and other agreeable uses, whether or not the use is in -2- support of Convention Center activities, at times and on dates which may, from time to time, be mutually agreed to by the parties to this Agreement. At all times during which Lessor shall have access to and the use of the premises, it shall be responsible for all security expense representative of its use or sponsored use of the structure. 7. The 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, which cessation of use shall continue for a consecutive period ex- ceeding ninety (90) days shall constitute a default by Lessee hereinunder. If default shall he made in the performance of any covenant, condition, or agree- ment contained in this lease to be kept or performed by Lessee, including the foregoing, 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 McCampbell House located upon the Leased Premises, Lessee shall make no structural alterations or addi- tions to the improvements upon the Leased Premises without the prior written consent of the Lessor. Lessee may make such nonstructural additions, altera- tions, and improvements upon the Leased Premises deemed necessary or desirable by Lessee and, upon termination of this lease, Lessee may, but shall not be ob- ligated to, remove all such nonstructural additions, alterations, and improve- ments. 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 United States 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: T•FSSOR: City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469 Attention: City Manager T.F.SSEE: The Irish Cultural House, Inc. 1702 Santa Fe 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 pur- pose 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 -3- direction and supervision of the Lessee. The Lessee shall not enter into any written contract or agreement, including any concession, contract of agreement, or operation arrangement, for a period exceeding more than ninety (90) consecu- tive days, regarding the operation or use of the Leased Premises without the prior written consent of the City Manager or City Council, which consent will not be unreasonably withheld. In the ordinary course of providing or autho- rizing functions, programs and events under and in accordance with this con- tract, 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, with such contracts and agreements being in accordance with and subject to the terms and provisions of this contract. 11. The Lessor authorizes Lessee to collaterally assign, mortgage, or pledge by Deed of Trust or otherwise the rights under this lease unto the Cor- pus Christi Housing Improvement Corporation for the sole purpose of securing a rehabilitation loan to restore the premises leased hereby. Upon the receipt of written notice of such financing, Lessor agrees to provide said leasehold mort- gagee copies of all notices afforded Lessee hereunder. 12. The term of this Agreement shall be twenty (20) years beginning January 11, 1984, provided that Lessee performs the restoration of the McCamp- bell House at an estimated cost to be submitted at the time of approval of the architect and provided that the restoration can be undertaken and completed during the first five (5) years of this lease. If Lessee fails to perform said restoration during the.first five (5) years of this leased term, this lease shall then terminate unless otherwise extended in writing. Upon completion of the restoration, Lessee may send Lessor a written notice of completion; and, if Lessor does not object in writing within sixty (60) days to Lessee's assertion of completion, this lease shall automatically he continued for the remainder of such twenty (20) year term. 13. Lessee may, at any time prior to the completion of the restoration and renovation contemplated hereby, terminate this Lease Agreement at its dis- cretion upon written notice to Lessor as provided herein and Lessee shall have no further obligation hereunder. EXECUTED this the day of January, 1984. ATTEST: LESSOR: CITY OF CORPUS CHRISTI By: • -4- Edward A. Martin, City Manager APPROVED: DAY OF , 1984: By: 13y: 0 • J Zak— Assistant City Attorney W. Thomas Utter, Asst. City Manager ATTEST: By: Secretary TFSSEE: THE IRISH CULTURAL HOUSE, INC. BY: That the foregoing ordinance �t read for second reading on this the f day of following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero first time and Rused to its , l96 , by the Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance wlitread for a second time and as ed to its third reading on this the i2 day of �, 19� , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the fo ening ordina as read for th on this the / ( day of �, , 19 Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this the ATTEST: City ecretary rVED: DAY OF / / , 19S1: J. BRUCiLIgORNEY By ird time and passed finally , by the following vote: Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik ssis an 15064 19 Q/ OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came GRACIE DE LUNA AD#14120 City of C.C. „ 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 OR ORDINANCE...,_.__.,._ of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING CO. on the2 3rd day of January ._..._.19.84., and once each day thereafter consecutive One day Times. 22.77 GRACIE DE LUNA Adm. Asst. Sec. Subscribed and sworn to before me this..._2.6.tb. day of January 19....EtA. Notary Public, eces County, Texas ED NA KOSTER OT14E O PASSAGE - OF ORDINANCE ON FIRST READING AUTHORIZING A LEASE AGREEMENT WITH THE IRISH CULTURAL HOUSE, INC., FOR THE LEASING OF THE PREMISES OF, WHE' McCAMPBELL HOUSE FOR THE RESTO- RATION THE PREMISES.USE OF Was passed on first read- thae CCCrs Christi Texas on of the 18puhth day :toxo Jnuarytyy, 1W4.oTe full text able the of said ordinance publics InVthl office of the City Secretary. •s -Bill G. Rear ' City Secretar • tor•usC. , • PUBLISHER'S AFFIDAVIT STATE OF TEXAS, las: County of Nueces. J AD#23675 City of C.0 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 which the annexed is a true copy, was published in on the3Oth day of Janua _...__.19.84., and once each day thereafter for. ane consecutive ddY One Times CALLER -TIMES PUBLISHING CO. $ 22.77 GRACIE DE LUNA Adm. Asst. Sec. 31st Subscribed and sworn to before me this day of January Notary Pub *c., EDNA KO 19 84 Ee County, Texas 5,44.1'Sfaltivonsa5savv44-gion 2;No f f el c,•• I, 0., s I IRISH CULTURAL HOUSE, 'OF ORDINANCE ON SECOND READING '- AUTHORIZING A LEASE AGREEMENT WITH THE' INC., FOR THE LEASING OF THE PREMISES OF THHOEUSE FOR -McCAMPBELL , . Tc Second E RESTTHOER 11, Texas on the 25th day of irl ;ILI I SAENSU USEn • Was passed on d reading by the City Council of the City of Corpus Chris - January, 19$4. The full text of said ordinance is avail- able to the public in the Office of the City Secretary. -s-Bill G. Read 5 _ rs cCi4i5Slicrary CorpuTexas • STATE OF TEXAS, County of Nueces. }ss: PUBLISHER'S AFFIDAVIT AD/457.6'73 Before me, the undersigned, a Notary Public, this day personally came Margaret Ramage ,who being first duly sworn, according to law, says that he is the Community p1ations Supervisq ;„- 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 -NOT4GF---Oi --PASSAGE---OF---GROIN-ANG&-.O,•--1--064 of which the annexed is a true copy, was published in ..._..6.7..er.:. 1111e.S...X111/i1.Stliflg...cSLL.__.....r.. on the 6 day ofFeb . _..__.19 84.., and once each .day....._.......thereafter consecutive day on,e Timee. $ 459.3E. Margaret Ramage 997 Subscribed and sworn to before me this 17th day of February Notary Public, ces County, Texas Edna Koster Logel Notices mo Legal Mingo. . _ ,. --.-- -- ,_ andmark Commission of Corpus Christi, Texas 76169 days to Lessee's} ruse '(tor he City of Corpus Christi, Attention: City Manager 01 completion,ll automatically this be con. for Its approval and LESSEE: shshared for thearemainderbof ucti approval shall be a The Irish Cultural House, such twenty year telo rerequlslte for the Issu• Inc. 13.hLessee(may, at any nce of any building permit 1702 Santa Fe Drive squired by Lessors Build- Corpus Christi, Texas 76104 time prior to the completion hg Of l Iola 1. Nothing 10. Lessee shall not assign of the restoration and reno- ontalned in this provision this !case without the prior vatIon contemplated Iude the Agreement uancell pre -of written Lessees shall ofLessor. Lease Agreement at itsWs- Itprior to the right to authorize Indlvid 'LessreseinLeopovidd herein moving perm Issuance of a building per- els, groups of Ito useyi uppa(rrj;; paragraph.mit as set Furtherh ,} said thls or of therLents Prem plans shall provide for ener- for a purpose or purpot gy conservation and for which the Lessee reasonable maintenance, herein authbrizd to use til.` ,p with materials and equip- premises. All of said usetrtfsd;-ii day of ebruary,GV • 0• mint }petit icatlons being said Individuals or organize- Lg sin G. Read ead approv to the reasonable in as shall be swath t 0 p ,,, aFY 1 approval of Lessor In fur- In accordance with the r b goals. ce of achieving these It and terms of this contra i ., goals. and shall be under the `din° 4. Lessee may maintain, rection and supervision of at Its expense, casualty and the Lessee. The Lessee shall wren prrovementsnlocatce ed on on all Ithe contract nt• not corn ag eeto m ntittln- Leased Premises. The pro- cluding any concession, ceeds from any such contract of agreement, or Insurance policy paid for by operation arrangement, for Lessee shall -constitute the a period exceeding more see, attLessee'of ssoption, shall days, and Les- than n regarding consecutive eopera- L9 see, iply su In the right C ep• Pre is use w of the Leased ply such Insurance sroceeon Premises without the prior 0? the repair and restoration written consent y the City t of the Leased Premises or Manager or City Council, t to retain such proceeds for which consent will not be 1 Us own use without their unreasonably withheld. In ii application to the repair or the ordinary course of pro- restoration of the Leased fviding unctions, programs and Prg emises. 5. Lessee will assume re- events under and In actor- s pons) bl l It for all dance with this contract, maintenance and utllllies, the Lessee may, without the except water, sewer, and prior consent thereto of the garbage removal which City Manager or City Court - shall Lessor. Lhe essor srhall contractse and into agreementwritten maintain the grounds and of a routine nature, with landscaping of the Lease such contracts and agree - Premises in good condition ments being In accordance and attractive appearance, with and subject to the It being understood that the terms and provisions of this exterior landscaping shah contract. be configured in such a 11. The Lessor authorizes tmanner en exterior so as to enhance appearance of sign,e to mortgage for Iplas- edge the structure. janitorial ser• by Deed of Trust he rightsunder her - this evices consist of routine usmptying of trash recepta• tlase HoustingheIm°provement cies and cleaning of floors Corporation for the sole pur- as required. Such services pose of securing a will be performed by Les- rehabilitation loan to re- set. Lessor shall provide store the premises leased lanitorial services following I hereby. Upon the receipt of any meetings which are• h ' nancing, Lessor agrees to Lessor. provide said leasehold mort- 6. Lessee shall use and gaged copies of all notices operate the MCCemPbell afforded Lessee hereunder. House Ina manner substan• 12. The term of this tlally consistent with the Agreement shall be Twenty use plan to be presented to (20) years beginning Janu- the City and approved by ar 11, 1984, provided that 1 the Landmark Commission. Meson of rforms the rest°. 1 The Lessor agrees, L, is con- House at an estimated cost es res restoration n of Lessee's scribed r the herein at to by submitted the time any;, Lessee have structure, that of approval of the he histo- ry (0 este shall have the right andprovidedcan dbehaundertaken e establish and offices maintain tis and completed during the 09 OR 00 NC „as. In the ive ure and witto h• first five (5) years of this OF ORDINANCE p vie meeting structure or N0. 16064 provide meeting rooms for lease. If Lessee falls to per - AUTHORIZING A LEAS the activities of The Irish form said restoration during AGREEMENT WITH THECultural House, Inc., or any the first five (5) years of IRISH CULTURAL HOUSE, of Its support groups. to this leased term, this lease INC., FOR THE LEASING sintain tssee he premises open otherwshall ise extended en eunless in writ- HOUSE TOF THE RE E FOR T MISES PBELF LL the public during regular Ing. Upon completion of the HOUSE FOR THE RESTO• 0}1-e hours of pthe Lessee restoration, Lessee may RATION AND USE OF tot minimum anted of et send Lessor a written notice THE PREMISES. leaskour (4) hours per day of completion; and, If LeS- BE IT ORDAINED BY THE for tis, (5) days out of each s r does not object in CITY COUNCIL OF THE week. -essee shall post a w• Ing within sixty (60) CITY OF CORPUS CHRIS• sign ouslde the structure TI, TEXAS: detalling`he hours the same • SECTION 1. That the Cit Is open tsl public Inspec- t tion. Lessen, shall provide MonaDper le authorized to execute a lease a nte , s r tar with the Iri'sreC so>rafin�Fe 514iLessee shall have n Ther obligation hereun• : rias passed and approved "the Cit y Council on the written notice of suc fl - sponsored or allowed by Information to visitors con- y -end mvlde House, Inc., for the leasing Lessee shall also provide of the premises of the special tours for visiting McCamobell Hn,wa fns rna _ SECTION 2 That, In the regular bus noir ours of^ Judgment of the City Coun- hall Lessee. pLermitted likewise, usee, cit, the investment planned shall be per or ptl the by the Irish Cultural House, the a portion ort portions of Inc., relates reasonably to premises not occupied the value and length of the y Lessee's ed meetings and if f lease. Others for meetings and f LEASE AGREEMENT other agreeable uses, i STATE OF TEXAS whether or not the use is In COUNTY OF NUECES support of Convention Cen- ' THIS AGREEMENT of ter activ(tles, at times and i lease by and between the time dates which may, from City of Corpus Christi, a agre to time, a mutes to Municipal Corporation, des- this Agreemto ent At At all times t (briefed herein as "Lessor," during which Lessor shall . and The Irish Cultural have access to and the use . House, Inc., a Non-Profit of the premises, It shall be y Corporation, hereinafter C designated as "Lessee," responsible for all security F WITNESSETH: Iets rsponsoredf e of [ That the Lessor does bythe use or sponsored use of f these presents lease end de- the struccuss. 5 mise unto the said Lessee 7. The cessation of Lee sed the following described pr mi 'Lessee h re the forth r property lying and being premises herein set tlyth or 9 qua useesuby Lessee and It pChristi, in the City of Cor- quested by Lessee k pus s, to-w Nueces County, approved by the Landmark Texas, to-wit: Commission, s which comma- Lot two (2), Block Six- tion of use shall continue for ty-one (61), Beach Portion, a consecutive period ex- / a subdivision of the City of ceeding ninety (90) days 5 county, rps TChristi,as s Nueces own es shall constitute a default by de- r a maor plat thereof abs Lessee hereinunder.made n the recorded In the Map Re- performance man be made in the il cords of Nueces Count Performance of any cove. Texas, Including the int- nant, t condition, or g rovemenfs situated agreement eo kep .. thereon," forme to be sep e for the term herelnfoemed by Losse: •le f vitled, In consideratiopro-f faulthe foregoing, - Itte r which Lessor and Lessee pperformanc r'toltIles• covenant and agree to per- for more tform the following terms period o -uch default a 1. Lessee shell Instjfute a notice en Lese1eles • , rogrem of restoration of i sbeer dY may the structure known as the or inti lehereby,• 7 McCampbell House" to be ; rented !located on the above- de-. event Lessor shell be scribetl land In accordance led to possession of the r with the terms, conditio eased Premises. 1 end procedures as prov'I restoration otnPhe iMcCe Pe 1 No.S123j5. T9 hef restigi- be(I House located upon the r shall adhere tot it IS Leased Premises, Lessee and appearance o rtaleeS shall make structural no r nal structure so or addlti o�mthe ossibie to b res It is t alteratloo vements upon d ar Lessee a IallY ad the 1mP premises d deemed e Ibl. s- Leased t' phyicaliitti:riT,rgrtoit;c:;;:,,,;:;:i. se the prior written consent of , toratlo on'the lessor. Lessee a° ae1edi les, elteretinsthe.ormake uch nonstructurauess,improementsupdemed1, Lessee isintheor desirable by of securing the aervlces of Leased Prem sem u on tarmine• an architect with knowledge ne50ee;r this lease, Lessee and experience In restore• Lessee and, P ( to plan, and super• may. but fernevet 011 , el- tion of historic structures, tion direct, and gated 10, vise such restoration and renovation, which se1fet}he iersetlon sal edditlons, a' of architect will req rovements. ur- advance aPProval fees ssor. ITP All expenses and paid 9, AI( notices euthorlxe to such architectural firm or required under this lease shell ie pa=d Dy Lessee as and ell d11 shall Dends adewhen D certltied Tali, contracted. It the services sont o 1� of such b8��elrmlreted+i for' postede nY Pad return re• q should tier to temple• pota9 with the !ll any reason P th( requested, re• United StallsoPheaPstjy)(0 tion of such restorellon 1 en , ce1Pf Lessee shell engage e and whom directed et the ad- ' '( Placement archttecturel addresse Vile w(th knawledq and such other address es Tey exp¢rlence In restoration of dress hereln set forth or a historic structures, wrifl ng b which cc me alitkewlsie netedml h(n to time Ye ed tett shell ertY chan91n9 such acceptable to L asfnmencln9 dress: �, pr)or loco,of Corpus Christi such restoron and rend-LESSOvntion,thsupefitsrieCItYP.O.Box9171sornetticonsD to the