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HomeMy WebLinkAbout18909 ORD - 07/02/1985AN ORDINANCE ACCEPTING THE DONATION OF THE LITTLES-MARTIN HOUSE; AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT OF THE LITTLES-MARTIN HOUSE TO THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the donation of the Littles-Martin House to be located in Heritage Park is hereby accepted. SECTION 2. That the City Manager is hereby authorized to execute a 20 year lease agreement with the National Association for the Advancement of Colored People for the Littles-Martin House in Heritage Park, 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". 02.123.01 sssos MICROFILMED • 33.22.03, LEASE AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § •w• THIS AGREEMENT of lease by and between the City of Corpus Christi, a Municipal Corporation, designated herein as "Lessor", and Corpus Christi (H. Boyd Hall) Branch of the National Association for the Advancement of Colored People - Littles-Martin House Fund, 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: 1. Lots eleven (11) and twelve (12), Block Seventy (70), 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 "Littles-Martin 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 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 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 architect will require the advance approval of Lessor. All 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 architectural firm with knowledge and experience in restoration of historic structures, 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 prerequisite 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 46, 'ya •33.22,03, • prior to the issuance of a building permit as set forth in this paragraph. Further, said plans shall provide for energy conservation and reasonable maintenance, with materials and equipment specifications 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 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 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 receptacles and cleaning of floors as required. Such serviceswillbe 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 Littles-Martin House in a manner substantially consistent with the use plan to be 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 structure and to provide meeting rooms for the activities of the Lessee 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 inspection. 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 available for use as a meeting room for private nonprofit organizations, which meetings shall be conducted at mutually agreeable times 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 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. •33.2203. • • 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 exceeding ninety (90) days shall constitute a default by Lessee hereinunder. 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, 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 "Littles-Martin 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 the Lessor. Lessee may make such nonstructural additions, alterations, andimprovements 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 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: LESSOR: City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469 Attention: City Manager LESSEE: Littles-Martin House Fund, Inc. 3816 Leopard Corpus Christi, Texas 78408 Attention: Helen Gurley, President 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 into any written contract or agreement, including any concession, contract of agreement, or operation arrangement, for a period exceeding more than ninety (90) consecutive days, regarding the operation or use of the Leased Premises without the prior written consent of 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 authorizing functions, programs and events under and in accordance with • 33.22:03,• ' • 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, 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 Corpus 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 mortgagee copies of all notices afforded Lessee hereunder. 12. The term of this Agreement shall be twent (20) years beginning May 28, 1985, provided that Lessee performs the r-storation of the Littles-Martin House at an estimated cost to be submitteat the time of approval of the architect and provided that the restoration can be undertaken and completed during the first five (5) years of th's lease. IF Lessee fails to perform said restoration during the first five (5) years of this leased term, this lease shall then terminate unless othe ise extended in writing. Upon completion of the restoration, Lessee may end Lessor a written notice of completion; and, ifLessordoes not obje in writing within sixty (60) days to Lessee's assertion of completion, this lease shall automatically be continued for the remainder of such twe ty (20) year term. 13. Lessee may, at any time prior to the compl tion of the restoration and renovation contemplated hereby, 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 , 985. ATTEST: LESSOR: CITY OF CORPUS CHRISTI City Secretary APPROVED: Day of , 1985 By: Edwar. artin, ,ty 'a ager By: By: Assistant City Attorney omas Itter Assistant City Manager ATTEST: LESSEE: THE LITTLES-MARTIN HOUSE F ND, INC. By: By: Secretary res .ent • That the foregoing ordinance read for th first time and p d to its second reading on this the play of , 19 Jur , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown That the foregoing ordinance - third reading on this the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown That the fowgoying ordinanc on this thea(7)df day of Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik read for day of second time and p s d to its , 19 , by the Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik as read for th rd time and passed finally _ , 19, , by the followin. vote: if Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the 01/1( day of ATTEST: City Secretary APPROVED: DAY OF , 19 J. By MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ,190 orney 1169040 • r. - STATE OF TERAS. County of Nuecea. PUBLISHER'S AFFIDAVIT - AD# 68354 Before me, the undersigned, a Notary Public, this day personally came— (.RACTR DE LUNA who being first duly sworn, according to law, says that he is the DATA SYSTEMS COORDINATOR 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 #18909... of which the annexed is a true copy, was published in CALLER-TakLS PUBL. CO. on the 7th day of July consecutive. day One Tines. 19 85. and once rwrh day thereafter for_ one $ 500.25 Gracie De Luna 4 AZWna Subscribed and sworn to before me tbis_l 0 -• day of July_ 19 8 5 iota'' 5r;Publlc, Nueces Coon , Tec 4 EUGENIA S. CORTEZ - 6/30/89 . .171! PUBLISHER'S AFFIDAVIT STATE OF TETAS, .. County of Nneces. AD NO. 68354 CITY OF CC 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 RELATIONS SUPERVISOR 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 #18909 of which the annexed is a true copy, was published in Caller -Times Publishing Co. 7th July 85 day one on the day oL... 19----, and once each thereafter for_ ,consecativp day ONE Thom 500.25 MARGARET RAMAGE Subscribed and sworn to before me this_._at EDNA KOSTER 11-30-88 85 A. ty, Texas tory Public, Nueces STATE OF TEXAS, County of Nneces. . PUBLISHER'S AFFIDAVIT }Ss: Before me. the undersigned, a Notary Public. this day personally es_ MARGARET RAMAGE who being first duly sworn, according to law. says that he is the COMMUNITY RELATIONS SUPERVISOR" 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 AN --FST READING of which the annexed is a true copy published\CALLER-TIMES PUBLISASNG W W. on the 2nd day of June 19 , and �1_ pweh day thereafter for one consecutive ONE day Times. 529.00 MARGARET RAMAGtgQB _.o Subscribed and sworn to before me this__ EDNA KOSTER 11-30-88 10th 85 19 otary Public. Nueces exas 8 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, La, County of Nuece . f Before me, the undersigned, a Notary Public, this day personally came- MARGARET ameMARGARET RAMAGE who being first duly sworn, according to law, says that he is the COMMUNITY RELATIONS SUPERVISOR of the Corpus Chrlatt Caller end 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 ON SECOND R!ADING rp of which the annexed is a true copy, were published in C er-Times Publishing Co. on the 9th day of June 19 8;5.'.ab �"5" p„rh day thereafter far one consecutive. day ONE Thneg. 8 - — 503.70 MARGARET RAMAGE Subscribed and sworn to before me this 17th EDNA KOSTER 11-30-88 Public, N Allks a ty, Texas 19 85 f 1110 Legal Notices 1110 Legal Notice: with materiels and equipment eels or organizations shall be specifications being subject to subject In and in accordance the reasonable approval of with he apuit and terms of Lessor In furtherance of this contract end shell be un - achieving these goals. der the direction and 4. Lessee may maintain, at supervision of the Lessee. Its aspen., casualty ll andThe any llofeor I In - flood Insurance upon my wrote contract provements located on the agreement. including any con - Leased Premises. The pro- cession, contract of teed. from any such agreement, or operation ar insurance policy paid for by rengement. for a period Lessee shell constitute the exceeding more than ninety property of Le0000. and Lee- (90) consecutive days, ra- ses, at Lessee's option, shall garding the operation or use either have the right to apply of the Leased Premises with - such insurance proceed. to out the poor written consent the repair end restoration of of the operation. or use of the the Leased Premises or to re- Leased Premises without the rein such proceeds for Its prior written consent of the own use without their applico- City Manager or City Council Von to the repair or which consent will not be un restoration of the Leased reasonably withheld. In tin Premises. ordinary course of provldinE 5. Lessee will assume re- or authorizing functions. pro- sponeibility for all grams end events under enc maintenance and utilities, ex- in accordance with this con- cept water, sewer, and tract, t Lessee garrbage removal which shell w shout the priorconsent be the responsibility of the thereto of the City Manager or 1e6001. Lessor shall maintain City Council, enter boo Wil- li* grounds and lendsaaphng ten contracts and agreements o1 the Leased Preml088 in of a routine nature, with such good condition and attractive contracts and agreements be - appearance. it being under- ing in accordance with and stood that the exterior subject to the terms and pro - landscaping shell be corrflg- visions of this contract. ured in such a manner so as 11. The Lessor authorizes to enhance the exterior ap- Lessee to collaterally assign, pearance of the structure. mortgage, or pledge by Deed Regular janitorial services of Trust or otherwise the consist of routine emptying of rights under this lease unto trash receptacles and cleaning the Corpus Christi Houeing of floors as required. Such Improvement Corporation for services will he performed by 1118 sole purpose of securing e Lessee. Lessor shall provide rehabilitation loan to restore janitorial services following the premises leased hereby. any meetings which are spun- Upon the receipt or wntten sored or allowed by Lessor nonce of such financing, Les - 5. Lessee shall use and op apt agrees to provide said erste the Gttlea-Martin House leasehold mortgage copies of 1 in a manner substantially con- all notices afforded Lessee sextant with the use plan to be hersunder- oresented to the'City and zip- 12. The term of this proved by the Landmark Agreement shall be twenty 1 ,.ommleaion. The Lessor (201 years beginning May 28, 1 agrees, in consideration of 1985, provided that Lessee t Lessee's restoration of the performs the restoration of herein described structure, the Ln11es-Martin House 8l en that Lessee shall have the estimated coat to be submit- I ,.,•ne end maintain tad et the time of approval nr t - offices with- the architect and n r •o provide that the remorari. NOTICE OF PASSAGE he adminlatretive '1ivi. done.aped OF ORDINANCE ON in the erecose ano SECOND READING meeting rooms for the ah. ties of the Lessee or any of its support groups. la) Lessee agrees to main tain the premises open to the pubhc during regular office hours of the Leasee for a min- imum period of at teem four (4) hours per day for five (51 days out of each week. Loe- we shall poet a sign outside the structure detailing the hours the same is open for public Inspection. Lessee shall provide Information to visitors concerning the history and restoration of the premises. Lessee shall also provide spe- cial tours for visiting parties or groups on an appointment basis. (b) Lessee further agrees to maintain et least one room open and available for use as a meeting room for private nonprofit organizations, which ACCEPTING THE DONA- TION OF THE UTTLES- MARTIN HOUSE; AUTHORIZ- ING THE EXECUTION CB A LEASE AGREEMENT OF THE LITTLES-MARTIN HOUSE TO THE NATIONAL ASSOCIA- TION FOR THE ADVANCEMENT OF COL- ORED PEOPLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEX- AS: SECTION 1, That the dona- tion of the Littler -Martin House to be Warned In Hen - *age Park is hereby accepted. SECTION 2. That the City Manager Is hereby authorized to execute a 20 year lease agreement with the National Association for the Advance - mem or Colored People for the Lhtlee-Martin House in oncenbeun- e,8n and completed ..19 the first five (5) years of this Wase. If Lessee fails to perform said restoration dur- ing the first five (8) years of this leased term, this lease shall then terminate unless otherwise extended In writ- ing. Upon completion of the restoration, Lessee may send Lessor a written notice of completion; and, 11 Lessor does not object in writing within sixty 150) days to Les- see's assertion of completion, this lease shall automatically be continued for the remain- der of such twenty 1201 year term. 13. Lessee may, at any time prior to the completion of the restoration and renova- tion contemplated hereby, terminate this Lease Agree- ment at its discretion upon written notice to Lessor es 1 Dred People • Uttles-Martin vee of the premises,"it shall House Fund. Inc., a Non -Profit be responsible for all security orporition, hereinafter desig- expense repreaerdetive of its noted as 'Lessee'. use or sponsored use of the WITNESSETH. structure. Mat the Lessor does by 7, The cessation of the use these presents lease and de- by Lessee of the Leased mise unto the said Lessee the Premises herein set forth or following described property any use aubaequently re• lying and being sltualnd In the quested by Lessee and City of Corpus Christi. Nusce8 approved by the Landmark County. Texas, lo -wit: Commission which cessation 1. Lots eleven (111 and of use shell continue for e twelve (12), Block Seventy consecutive poned exceeding 1701, Beach Portion, a subdlvi- qty, (90) Boys shall cones. mon of the City of Corpus 8180 s default by Lessee Christi, Nuecee County. Tex- herehumder If epfeet shall be as. as shown by mop or plat made In the performance of thereof as recorded I0 the col, conversant. condition, or Map Records of Nueces agreement contained In this County. Teens. including the lease to be kept or performed improvements situated tare- by Leasee. including the fore- going, and well default or breach of performance elan continue for more than apse - minable period of time after written notice of such default or breach from Lessor to Les- see specifying such default or breach, then Lessor as Its sole remedy may elect to ter - matins this lease sod 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 'Utiles- Martin House' located upon the Leased Premises, Lessee shall make no structural alter- ations or additions to the Improvements upon the Leased Premises without the prior written consent of the Lessor Lessee may make such nonstructural additions, alterations, and improve - mems upon the Leased Premises deemed necessary or desirable by Leasee and, upon termination of Nie lease. Lessee may. but shall not be obligated to, remove all such nonstructural additions, alter- ations. and Improvements. 9. All notices authorized or required under this lease and ell demands made pureue01 to It shall be deemed suffielently given when posted by certi- fied mail, postage prepaid. rotten receipt requested, with the United States Postal Ser- vice addressed to the party to whom dlreMed at the address herein set forth or et such other address es may be from time to time designated m writing by the party changing such address: LESSOR: City of Corpus Christi P. 0. Box 8277 Corpus Christi. Texas 78489 Attention: City Manager LESSEE: Lltttes•Martin House Fund, Inc.. 3818 Leopard Corpus Christ, Texas 78408 Attention: Helen Carley, President 10. Leasee 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 orga- nizations to use portions of the Leased Premises for a purpose or purposes for which the Lessee le herein au- thorized to use the premises All of said use by said ind8d- on , for the term herein provided, in consideration of which Les- sor and Lessee covenant and agree to perform the follow - mg terms and conditions, to wit 1. Lessee shall institute a program of reatoradon of the structure known ea the 'Lit - ties -Martin House- to be located on the above-de- scribed land in accordance witn the terms, conditions, and procedures as provided in Section 9 of Ordinance No. 12315. The restoration shall adhere to the plana and ap- pearance of the original structure so far as it is possi- ble to be ascertained by Lessee and so far as it is deemed economically and physically feasmle. The resto- ration of the structure shall i06ude the renovation o1 the interior and exterior of the building. 2. Lessee is In the proeea8 of securing the services of en architect with knowledge and experience in restoration of historic structures, to plan, d4 rest, and supervise such restoration end renovation, which selection of architect will require the advance ap- proval of Lessor. All expenses and fees pall to such archi- tectural firm shall be paid by Leasee as contracted. If the services of such arcIdtectural firm should be terminated for any reason prior to cample- (on of such restoration then Leasee shall engage a replete - mem architectural firm with knowledge and experience in restoration of historic struc- tures, and which replacement architect shall be likewise ac- ceptable to Lessor. 3. Poor to commencing sit ize8toreton end renora- tt81. the supervising architect de submit restoration plane t®the Landmark Commission otthe City of Carpus Christi. Texas, for its approval and with approval shall be a pre - reran.) tar the bco auanof a building 's � red by.Lessor'scthis vlorNothing contained150A in this Pro- prion of the Agreement pcpclurle the leeumnce of / a a moving permit poor to the W- reathes of a building permit as set forth M this paragraph. Further, said plane shag pro- vide for energy conservation aria reasonable' malntenara. 1110 Legal Notices 1110 Legal Notices 1110 Legal Notices Clare an emergency due to the oral 10urs (pr visiting parties term. need of °seeming the above- or groups on an appointment 13. Lessee may, at any mentioned lease agreement et heels. time prior to the completion the earfiest practicable date, (b) Lessee further agrees to of the restoration end 108080 such finding of en emergency maintain at least one room tion contemplated hereby, is made and declared requlr- open end available for use as terminate this Leese Agree- ing suspension of the Charter a meeting room for private ment at its discretion upon rule as to consideration and nonprofit organizations, which written notice to Lessor as voting upon ordinances or meetings shall be conducted provided herein and Lessee reeolutlons at three reviler at mutually agreeable times shall have no further oblige. meetings so that this ordi- during the regular business lion hereunder. nance i0 passed and shall take hours of Lessee. Lessor, like- WAS PASSED AND AP - effect upon first reading pp an wise, shall be permitted the PROVED BY THE CITY emergency measure this the use of a portion or portions of COUNCIL ON FIRST READING 28th day of May, 1 BBB the premises not occupied by ON THE 28th DAY OF MAY, LEASE AGREEMENT ieeaee's administrative of- 198 B. STATE OF TEXAS lives for meetings end other COUNTY OF NUECES agreeable uses, whether or THIS AGREEMENT of lease not the use is in support of by and between the City of Convention Center activities. Corpus Christi, a Municipal at times and on dates which Corporation. dooigmrted hare- fnoy, from time to time, be in as 'Lessor, and Corpus mutually agreed to by the Christi (H. Boyd Hall) Branch parties to this Agreement- At of the National Association all times during which Lessor for the Advancement of Col- shall have access to and the orad People - Lrttles - Martin use of the premises, it shall House Fund, Inc.. a Non -Profit be responsible for ell security Corporation, hereinafter dee- expense repr000010 ive 08 its Ignated es -Lessee', use or sponsored rise of the WITNESSETH: structure. That the Lessor does by 7. The ce0aetion of the use these presents lease and de- by Lessee o1 the Leased mise unto -the said Lessee the Premises herein sal forth or following described property any 000 subsequently re- lying and be8g eitualed in the quested by Lessee and City of Corpus Christi, Nueces Copil080d oby thewhicLandmark - County, Texas, to -wit: 1. Lots eleven (11) and of use shall continue for a twelve (12). Block Seventy consecutive period exceeding (70), Beach Portion, a eubdrvi- ninety (90) days shall conati- eion of the City of Corpus rate a default by Lessee Christi, Nueces County, Tex- hereinunder. If default shall be as, as shown by mop or plat made in the performance of thereof as recorded in the any convenent, condition. or Map Records of Nueces agreement contained in this County, Texas, Indiana the lease to be kept or performed Improvements situated there- by Leasee, including the foro- on' going, and such default or for the term herein provided, breach of performance shell In consideration of which Les- continue for more than a rea- eor and Lessee covenant and sonable period of time alter agree to perform the follow- written notice of such default ro9 terms and conditions, to or breech from Lessor to Les- see specifying such default or 1. Lessee shell institute s breach, then Lessor as its program of restoration of the sole remedy may 01001 to ter- strumura known as the -Lit- Mnate this lease and the term ties -Merlin House' to be created hereby. in which located on the above -de- event Lessor shall be entitled scribed lend in accordance to possession of the Leased with the terms, conditions, Premises. and procedures as provided in a. Upon completion of the Section 9 of Ordinance No. restoration of the 'Littles- t 2315. The restoration shell Wirth. Houee' 10coted upon adhere to the plane and 0p- the Leased Premises, Lessee peerence of the original shall make no structural alter - structure so far as tt is poser- atone or additions to the ble to be ascertained by improvements upon the Lessee and so lar as hie Leased Premises without the deemed ecgComicaliy and prior written consent of the physically feearsle. The mete. Lessor. 100000 may make ration of the Streeter° shall Sucha nonstrutural additions, prons, include the renovation of the interior and exterior of the menta upon the Leased building Premises deemed necessary 2 Lessee is In the process or desirable by Lessee and, of securing the soMces of an upon termination of this lease, architect with knowledge and 108080 may. OUT shall not be experience in restoration of obligated to, remove all such historic mom., to plan. di- nonstructural additions, 01101 - rest, and supervise such 0080^8. and improvements. restoration and renovation, 8. AB notices authorized or which selection of architect required under this lease and will require the advance ell- all demands made pursuant to prove] of Lessor. All expenses it shall be deemed sufficiently end teas paid to such arch]- given when posted by certi- tactureI firm shall be paid by fled mail, postage prepaid. Lessee as contracted. If the retum receipt requested. with services of such architectural theUnited States Postal Ser- _ -9- Armando Chepa City Secretary wnicn selection of architect will require the advance ap- proval of Lessor. All expenses and fees paid to such archi- tectural flrm shall be paid by Leasee as contracted. If the services of such architectural firm should be terminated for any reason prior to comple- tion of such restoration then Leasee shall engage a replace- ment architectural firm with knowledge and. experience in restoration 01 historic struc- tures, and which replacement arcldtect she be likewise ac- ceptable to Lessor. 3. Prior to commencing such restoration and renova- tion, the supervising architect shag submit restoration plans to the Landmark Commission of the City of Corpus Chnoti, Texas, for its approval end such approval shell be a pre- requisite for the Issuance of any building permit requited by Lessor's Building Official. Nothing contained In thle pro- vision of the Agreement shell preclude the Issuance of a moving permit prior to the Is- suance of a building permit as set forth In this paragraph. Further, said plena shall pro- vide for energy conservation and reasonable malntenene, with materials and equipment specifications being subject to the reasonable approval of Lessor In furtherance of achieving these goals. 4. Lessee may maintain, at rte expense, casualty and flood insurance upon all int=. movements located on the: Leased Premises. The pro- ceeds from any such insurance policy paid for by Lessee shall constitute the property of Lessee, and Les- see, et Lessees option, shall either have the right to apply such Insurance proceeds to the repair end restoration of the Leased Premises or to re- tain such proceeds for its own use without their applica- tion to the repair or restoration ,of the Leased Premises. 6- Lessee will assume re- sponsibility for all maintenance and utilities, ex- cept water. sewer. and garbage removal which shell be the responsibility of the Lessor. Leaser shall maintain the grounds and landscaping of the Leased Premises in good condition and smear"^ required under ties lease and all demands made pursuant to n shell be deemed sufficiently given when posted by cem- fied mail, postage prepaid, return receipt requested, with the United States Postal Ser- vice addressed to the party to whom director] at the address herein set forth or at such other address as may be from time to time designated in witting by the party changing such address: LESSOR: City of Corpus Christi Carpue Chneu, Taxes 70469 Attention: City Manager LESSEE: Lit -des -Martin House Fund, Inc., 3816 Leopard Corpus Christi, Texas 78408 Attention, Helen Gudey, President 10. Lessee shall not assign this lease without the prior written consent .of Lessor. The Lessee shall have the right to erahorize individuals, groups of individuals. or orga- nizations to use portions of the Leased Premises for e purpose or purposes for which the Lessee le herein au- thorized to u8e the promisee. All of said use by said individ- uals or orgenizationa shall be subject to and in accordance with the spirit and terms of this contract and shall be un- der the direction and supervision of the Lessee_ TheLevee shall not enter in- to any written contract or agreement. including any con- cession. contract of agreement, or operation ar- rangement. for a period exceeding more than ninety (90) consecutive days, re- garding the operation or use of the Leased Premises with- out the prior written consent of 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 un- reasonably withheld. In the ordinary course of providing or authorizing functions, pro- grams and events under and In accordance with this con- tract, the Lessee may, without the pnor consent thereto of the City Manager or City Council, enter into writ- ten contracts and agreements of a routine nature. with such contracts and agreements be- -- with and 1 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING ACCEPTING THE DONA- TION OF THE LITTLES- MARTIN HOUSE; AUTHORIZ- ING THE EXECUTION OF A LEASE AGREEMENT OF THE LITTLES- MARTIN HOUSE TO THE NATIONAL ASSOCIA- TION FOR THE ADVANCEMENT OF COL- ORED PEOPLE; AND DECLARING AN EMERGEN- CY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. TEX- AS: SECTION 1. That the dona- tion of the Litt188- Martin House to be located In Heri- tage Park is hereby accepted_ SECTION2. That the city Manager is hereby authorized to execute a 20 year lease agreement with the National Association for the Advance- ment of Colored People for the Little- Martin House In Heritage Perk, all as more fully set forth in the lease agree- ment, a substamisl copy of which is attached hereto and made a part hereof, marked Exhibit "A'. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and de - appearance, it bein„ nder- stood that the exterior landscaping shall be contig' orad in such a manner so as to enhance the exterior ap- pearance o" the structure_ Regularjanitorial services consist of routine emptying of trash receptacles and cleaning of floors as required. Such services will be performed by Lessee. Lessor shall provide janitorial services following any meetings which are spon- sored or allowed by Lessor. 6. Lessee shell use and op- erate the Utiles-Martin House in e manner substantially con- sistent 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 ma rain its administrative offices with - In the structure and to provide meeting rooms for the e5tivi- ties of the Lessee or any of its support groups. (a) Leasee agrees to main- tain the premises open to the public during regular office hours of the Lessee for a min- imum period of at least four (4) hours per day for five (51 days out of each week. Les- see shall post a sign outside the structure detailing the hours the same Is open for public inspection. Leasee shall provide information to visitors concerning the history end restoration of the premises. Lessee shall also provide spe- me,, subject to the terms and r,.. visions 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 Corpus Christi Housing Improvement Corporation for the sole purpose of securing e rehabirnation loan to restore the premises leased hereby Upon the receipt or written notice of such financing, Les- sor agrees to provide said leasehold mortgage copies of all notices afforded Lessee hereunder. 12. The • term of this Agreement shall be twenty (20) yuan, beginning May 28. 1985, provided that Lessee performs the restoration of the Lthles-Martin HOuae et en estimated coat to be submit- ted at the time of approval of the architect end provided that the restoration can be un- dertaken and completed during the first five (5) years of this laeee. If Lessee fails to perform said restoration dur- Ing the first five 16) years of this leased term, 11118 lease shall then terminate unless otherwise extended In writ- ing. Upon completion of the restoration, Leasee may send Lessor a written notice of completion; and, if Lessor does not object In writing wlthln sixty (60) days to Les- see's assertion of completion, this lease shell automatically bea 60040604 for the 1emain- der 01such twenty (20) year "" `^"'r "" """'h" ' `^"h J11y"= 1110 Legal Notices l Liu Sege �p(p Legal Notices 1110 Legal Noticas accordance 11f0 Legal SAGees 1110 Legal Notlees 1110 appfov0d Y the Lantlm8rk aubleet 10 him l5 d me o1 menu structure so far ee h Is poeel- of the Leased Premises i0 C prove ion, which cessation whh the spirit NOTICE OF PASSAGE condition and attractive OF ORDINANCE 0 18909 DlLeaeee and au tertius It be appearance, h being under- 01 use shall continue fore this s coi11tract and shall be un- wrinen direction end amended neve ACCEPTING THE THE DONA- deemed economically and stood that the exterior ninety (BO) days rve perid all outing- supervision of the Leasee. shall have here TION OF LITT F 4 physically feasible. The recto- landscaping shell be wog- cute e default by Leasee The Leasee shell not enter in- Was Son hereunder no MARTIN HOUSE; Al1THOTI2- ration o1 the structure shall bled in each a manner slj as cute nddr. If default shell Lessee to any The 8 any cocontract n- by he City INGLIT THE EXECUTION HOUSE OFA interio on renovation f the to enhance the exterirr eP- made in the performance of e8 euding a n- byy of July, 1 LEASE ATIONAL T S THE Interior entl exterior of the Pesre all of ane sw°tore. any cbnvenent condition. or cession. -e_ , RegWer enitorial services reement conteinatl in this agreement, or operation er- TION FOR THE VATO 1 THE NATIONAL ONOL APEOPIE. 04 0 ereseet ie in the Protean co 0)1 contain routes and cleaning of lease to be kept or performed rengement, for a , Period TION FOR THE ADVANCE- T E- of securing the services of aannd [reef ors as re e.eB uch by Lessee, inthudIng the fore- exceeding more than ninety CICITY OF COLORED OF PEOPLE. 00p011m with knowledge end of lees as reperform Such going end such default or (90) consecutive days, BE IT ORDAINED BY THE axperic str it restoration of Bease0. will 0? 0 81) p breach of performance shall gardeg the operation or use AS: COUNCIL OF THE CITU rect, structures. to plan, such Leasee. Leery stall Provide continue for moreth time roe- of the out the prior riPrerniconsent OF CORPUS .ThattCHRISTI, TEX- feet and supervise tach anti Mal serviceswhit are span- eonable period .don written use n the AS: which selection end renovation,architect any meetings edit, are sor.r written notice of such default of the open SECTION 1. That the done- which selection advance arcap- sorer or 00 011 1 bs Lessor. m breech from Lessor to Les- Leased Premises without the tion o1 the Littloccopredire 8. Lessee shag use end Howsee the Uttles-Mertin op- see n 080)1 default or prior wntten 0008001 01 the House to be e ECTI N l2. That in the Cit. P 'i- will hof Lpaid t As ch screw nfea manner eubetoMdepy Co- breach, then Le88or as As City Manager or CM Council. 9 s1� fees I el firth shall bePaidby ei8tem with the 888 plan to be sol ere this IIeae and the term relect to ter- easonably h consent o Y encwithheld.will Ind the SECTION 2. That the City un - agree Manager a hereby e N tion., Leasee as contracted. If the presented by the C1tLend ark created hereby, in which Ordinary worse B0 p functions. ding A execute a 20 Year lace- services s of such terminated provedCthe Landmark event Lessor shill be entitled orauthorising ee ens under and mens of with the Naeonal arm should p terminated for agrees in The Lees or 10 possession of the Leased grams and accordance cosh five con- HeritaLige for me HouseAdvanin any of suc prim to on the- Lessee, in consideration on he Premees. the Lessee men. meet Colored People for tion of such restoration afire then herein restoration of the 8. Upon completion of the tract,without the ess consent the ort, In 1)00 House 0- Lessee shall aural s firm with herein searibhal structure. restoration of the -1111188-Br or Hent, a Farb, all as more fully men[ architectural aex erie with right Lessee shall haus the Martin House" located upon thereto of the City Mang set forth In the leaseer agree -right to nisi establish end maim -in the Leased Premises. Lessee City Council, enter into wm- rnade a substantial copy of knowledge and experience a in the a d top with -ire shall make no structural atter- ten contracts and agreements which ie attached hereto end architerestoract s of historic 81908• in tee educable end to creeds Exh ms ib a part hereof, marked tures, end which replacement nt meeting moms for 11,0 acdvi. ationa or 066itl090 0 1� 01 s routine 0 808. with each ba. architect Brill 8 likewise ac- 1188 of the Lessee or any of h0 Improvements uponcontracts in n8910 with and STA h 'OF. sept. Pr to Lessor. Leased Premises without the Mg bjecl accordance the terms and Pro - LEASE NUECESS:NNT 3, restoration to commencingcee- sal lel Lessee agrees to main- prior written eonem of the STATE OF TEEMS lion, he supervising end ..noeet Lessor. Lessee may make nsione of this contrast. COUNTY enddY eF between the rvitore er pions raga the Premises open office tce each nonstructural additions, 11. The Lee0O? authorizes THIS AGRsti, a of lease tip' e L nope bac during regular m efts submit restoration Plana hours o1 the Leasee for train- alteredons, and improve- Leasee to collaterally assign. by the City 0- to the Landmark Commission merits upon the Leased mortgage, 9090 or pledge by Deed Corpus Christi, a Municipal of the City of Ca pro Christi, Beam period of et least fou) Premises deemed necessary rights under this lease tone Corporation. (H. designated here- Texas, for 0) approval p10 da(4) so out per day week. fiveLes- (6- or desirable by Leasee and, rigle Corder this Housing in as "Lambe. and Corpus such approve) shall 8 a pre- sees hall pf melt sign side n termination o1 this lease. Improvement 10f Christi M. Boyd Hall) of f CM- 8y build or the n_rth d the .,ell post 0 etgn puts the Lessee may, but shall not be Pro �o�aecunng e of de People -National Aeao Ma18n any 088010 9pYi )01. the ewe same detailingthe for obligated 10,10illb90 Olt ouch the -Ole purpose for the Advancement Inc.a n -Colt Dy L89 contained Build) n this public ns nems L ops npn8uu0Ottal additlme, alter- u� �800n 08 5 10 108101 o0d Pe 0. - L,whai. 600- Nothing11,0A in this pro- public e l ifomun. Lessee spas ati01t0. and Improvements. the receipt or written har House Fund, Inc., eNon-Profit vision of the Agreement of a crouse Intormadh history to v and . A8 notices authorized or Upon of such ting Les - That ESSETH dee- preclude the Issuance 10 e a r restoraningtion the apreend required under this lease and igttnted as 'Lessee". moving perm, prior p the 0s L s � of eprovi - all demands made pursuant to 001 agreeslto provide said copies m 1MTt 80800 set forth of a building perm, 88 n shall be deemed sufficiently leasehoell notices .Horded Lessee That 0 t Leaser sone byhe est forth in this pshagraph- cel reura for en appointment nartes van when posted by cerd- theae Presams lease and de- vide Further, said Pplana pro- 9 groups on en appointment fid mail, postage prepaid, hereunder. Wee unto the eels Leese- the a d. for enableconservationmaintenance, e, oasis. return receipt requested. conn 12. The term of this following described Properly and reae011010 malntenene, @) lessee further egress to one room the United States Postal Ser- AgreeOtant shall be twenty lying and Doing h situated in the with m9terielh and equipment meiopen and llv least for use B 'nee addressed es the parte to (20) ern a beginning May 28, City o1 Corpus vensti, 11 and the reasonable asci ng subject t0 8 eeting room for private whom directed m the address 195,povidedBstmredons of County, Texea, lock the 01ifu Perth.) 01 nonprofit organizations. which herein Bet forth m at such performs 1. Loth eleven 1111 and achieving In furtherance goals. 0T other address as may be from 1110 Little -Martin House at an twelve (121. Block Seventy eOhie Les mem- goals. 01191meetings shall r0 consumed time to time designated In estimated coat to be oval of (701. Beech Portion,) Corpse d ing th y agreeable times writing by the party changing ted at the time of app 4. Lessee may maintain, at Burin the regular business me architect and provided ubmit- Bion of the City map Corpus its expense, casualty and hours o1 Lessee. Lessor, eke- such address: that the itect restoration can vi un - Map es re County. Tea' goad insurance upon ell She wise, shall be permitted the LE950R: Christi dertehen end oanbeun- M, ae Records by 8 ale[ Lased Pre ices. on the Cay of Carpue during the hint five (5)m lad thereof es recorded m the Leased Premises. The pro• use of a p0rtlon or occupied o1 Py. 0. Box 9277 IF Leasee fella years0 Mep flecords of Nueces raBtls from any au09 Ifo 00 0 0 Dot o native f- C Chuisti. Texas 78469 of n In �d reat8000 50 tl to County, Texas. lddting t,e i 080138 policy paid ter he flees for a meetings other Corpus City Manager part f flees for meetings and nag the fust five 161 years of 1 for the terms situated pr therd, LrBeea shall constitute the LESSEE: this leased term. this lease on property of Lessee, and Lea- e011110le uses. wether or Lithos -Martin House Fund, shell then terminate unease Les - for the term herein provided, see m Leeeae'e option, shell not the use lin support of Inc., 3818 Leopard otherwise extended in verd- in consideration00Lesee 01 which Let- either have the right to apply Convention Center activities, Coque Christi, Texas 78408 agr end Lessee co 111909 end such insurance proceeds to at times end on dates which Attention" Helen Gurley, 119 Upon cLesseeompletion o1 the the repair and restoration of may, from time to time, be restoration, omelet may send agree t0 perlorm the follow -President N terms end conditions, to mutually agreed to by the 10. Leasee shall not 000)90 rLessor a written notes of 9 the Leased Premises or to re- Parties to this Agreement. At cod: rain such proceeds for Its le which Lessor this lease without the prior completion: arid, actor 1 Lessee well institute a own use without their air , W times during written consent of Lessor. dose not object e n Len program of restoration of the rest to the repair or shall have access es end the The Leasee shall have the within agg08'? (B of 048 50 Les - B cater n the Ss the -de- Premises- of the Leased use of the premises, n shell right to authorize individuals, Shell ties -Martin House' to be prendsea be responsible tar all securltY til individuals, or urge- t608 be 10 nuetl for ihe�remamY scribes on the above -n 8. Leese. wee ewes,. re- expense representative of its groups zaton8 to use portions or or 01 scribed end in accordanceconditions, aponeibility for alt use or sponsored use of the niz Leased usemioea for 8 der of such twenty (20) yeah a ▪ nh the terms, providd in mamenane and milbies, ex- Btrumure. the Lea 0r purposes for term. and 15. The t rationed in rapt water. sewer, and 7. The cessation of the use which the Leasee is herein au- 13. Leasee may, et any odn1 23ena • o of p1008aOrdinance No. garbage removal whish shall18by Lasses herein the orf ed llerizetl to use the premises. time prior to 1110 completion pea an The restoration shall Lessor. the Lessor shall al the Premises heroin sot forth e- An of Bed use by said individ• o1 the restoration and renova- edhere to the plan entl eR thengr, Lessor I a mcaping auy ode subsequently re- wale or 0rg0Nzado0e shall be lion contemplated hereby, p -trance of the original t)1B grounds end landscaping quested by Leasee end ices t0 Legal NUtices 1 mminete t Is Lease ABrea' E Or0 at Its discretion upon log ntten notice to Lessor as ONA- -ovided herein and a Bee NES- tan have no further ORIZ- on hereunder. OF A Wae pfd and approved THE V the July. m Council the 2nd O TO ar -s- Armando Chaps OCIA- City Secretary ONCE• OPLE. f THE CITY TEX- dons- Manin n Hari- :epted- te City horized r lease national ivance- iple for mss in ore fully i agree' :opy of eto and marked INT of 10800 Ow of Aunicipal :ed here - Corpus i) Branch RofCo-rl { Of O- ds -Martin ion -Profit fter dea- 1 does by t end de- ea0ee the property tad in the ti, Nuecee nt. (11) and Seventy a subdivl- tf Corpus mty, Ten- eap or plat ed in the f Nieces Aiding the nett there - provided, which Lee - venue and the follow - trillions, to institute a pion of the is the 'Lit- e to be above -de - accordance conditions, provided In finance No. dation shall its and Na- e original NV CORPUS CHRISTI TEXAS. Jul 7, 1486 1▪ 10 Legal Notices 1110 Legal Notices 8tNC111/0 alt far as h Is possi- ble to be ascertained by Lessee and so far as it ie deemed economically and physically feasible. The resto- ration of the structure shell Include the renovation of the Interior and arterior of the Dwldmg. 2. Leasee is in the process 0f securing the 0010000 of on architect with knowledge and experience in restoration of historic structures, t0 plan, di- rect, and supervise such restoration and renovation. which selection of architect NOTICE OF PASSAGE OF 9RDINANCE 0 18909 ACCEPTING THE DONA- ION OF THE LITTLES- IARTIN HOUSE; AUTHORIZ- IG THE EXECUTION OF A EASE AGREEMENT OF THE TTLES-MARTIN HOUSE TO HE NATIONAL ASSOCIA- ION FOR THE ADVANCE- IENT OF COLORED PEOPLE. BE IT ORDAINED BY THE ITV COUNCIL OF THE CITY CORPUS CHRISTI, TEX- .s. SECTION 1- That the Jons- on of the Lotles-Martin G ame to be located in SECTIONHen- Ge Park is hereby Thaaccepted. 2City tanager is hereby authorized 1 execute a 20 year lease greement with the National asocietion for the Advance - rent of Colored People for- te orto Littles-Martin House in e rilage Park, all as more fully et forth in the lease agree- tent- a substantial copy of rluch ie attached hereto and lade a pan hereof, `narked xhiblt A. LEASE AGREEMENT TATE OF TEXAS ()LINTY OF NUECES F#ILS AGREEMENT -el lease y and between the City of .orpus Christi. a Municipal orporetion, designated here - Tas "Lessor-. and Corpus rier (H Boyd Hall) Branch f the National Association or the Advancement of Col - red People - Linles-Martin louse Fund, Inc., a Non -Profit :reparation, hereinafter des - ;noted as "Lessee", WITNESSETH: That the Lessor dose by lose presents lease and de - O 80 unto the said Lessee the 1eowin9 described property ring and being situated in the :ity of Corpus Christi, Nuecea roomy, Texas. to -wit: 1. Lots eleven (11) and weber (12), Bloch Seventy 70), Beach Portion, a subdivi- ion of the City of Corpus :hrieti, Nuetes County, Tea- s, as shown by reap or plat hereof as recorded in the Asp Records of Nueces :minty, Texas. Including the nprovements situated there - 0r the term herein provided. 1 consideration of which Las - or arca Lessee covenant and gree 'to perform the follow - 19 terms end conditions, to v0: 1. Lessee shall institute a ,rogrem of restoration of the .tru0ture knowp as the 'Lit - las -Martin House' to be • 0cated on the_ above-de- .cribed land in accordance vilh the terms, conditions, end procedures es provided In :action 9 of Ordinance No. 2315. The restoration shall adhere to the plena and 0p- rearance of the original requse rite aevart80 ap- proval of Lessor_ All expenses and fees paid to such erelh- tectural firm shall be paid by Lessee as contracted. If the 5010080 of such architectural firm should be terminated for any reason prior to comple- tion of such restoration then Lessee shall engage a replace- ment architectural firm with knowledge and experi8000 in restoration of historic 910J1 - tures, and which replacement architect shall be likewise ac- cepteble to Lessor. 3- Prior to commencing such restoration and renova- tion, the supervising architect shall submit restoration plans to the Landmark Commission of the City of Corpus Christi, Texas, for ns approval and such approval shall be a pre- requisite for the 15006000 of any building permit required by Lessor's Building Official. Nothing contained in this pro- vision of the Agreement shall preclude the Issuance of a moving permit prior to the is- suance of a building permit as set forth In this paragraph Further, said plans shall pro- vide for energy conservation and reasonable maintenance, with materials and equipment specifications 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 im- provements located on the Leased Premises. The pro- ceeds from any such insurance polity paid for by Lessee shall constitute the property of Lessee, and Les- see. at Lessee's option, shall either have the right to apply such insurance proceeds to the repair and restoration of Lite Leased Premises or to 10- taln Such proceeds for its own use without their applica- tion to the repair or restoration of the Leased Premises. 6. Lessee wilt assume re- sponsibility for all maintenance and utilities, ex- cept water, sewer, and garbage removal which shall be the responsibility of the Le0aor. Lee001 shall maintain the grounds and landscaping 1110 Legal Notices of the Leaned Premises in good condition and attractive appearance, It being under- stood that the exterior landscaping shall be config- ured in such a manner so as to enhance the exterior ap- pearanae of the structure. Regular janitorial services consist of routine emptying of trash receptacles and cleaning o1 floors as required. Such services will be performed by Leasee. Lessor shell provide janitorial services following any meetings which are spon- sored or allowed by Leeeor. 6. Lessee shall use and op- erate the LMles-Mart l House in 8 manner substantially con- sistent with the use plan to be presented to the City and ap- proved by the Landmark Commission, The Lessor agrees, in consideration of L08000'6 restoration of the herein described structure. that Lessee shall have the right to establish and maintain its administrative offices with- in the structure and to provide meeting rooms for the activi- ties of the Lessee or any of ha support groups. (a) Lessee agrees to mem- tain the premises open to the public during regular office hours of the Leasee fora min- imum period of at least foto (4) hours per day for five (5) days out of each week. Les- see shell post a sign outside the structure detailing the hours the Barna -s open for public inspection. Lessee shall provide information to visitors concerning the history and restoration of the premises. Lessee shall also provide spe- cial tours for visiting parties or groups on an appointment basis. (b) Lessee further agrees to maintain at least one room open and available for use as e meeting room for privme nonprofit organizations, which meetings shall be conducted at mutually agreeable times during the regular business hours of Lessee. Lessor, like- wise, 8he11 be permitted the use of a portion or ponione of the premises not occupied by Lessee's administrative of- fices for meetings and other agreeable uses, whether or not the use to in support 01 Convention Center activities, at times end on dates which may, from time to time, be mutually agreed to by the parties to (hie Agreement, At all times during which Lessor shall have access to and the use of the premises, it shall be responsible for ell security expense representative of its use or sponsored use of the etrUCture. 7, The caseation of the use by Lessee of the Leased Premises herein set forth or any use subsequently re quested by Lessee and 1110 Legal Notices 1110 Legal Notices 1110 Legal Not approved y the Landmark subject to and In accordance terminate this Lease Commission, which cessation with the spirit end terms of mens at its discretio of use shall continue fora this contract and 8hall•be un- written notice to Ler consecutive period exceeding der the direction and provided herein and ninety (SO) days shall caned- supervision of the 108880. shall have no further tote a default by Lessee The Lessee shall not enter in- non hereunder. hereinunder. If default shall be to any written contract or Was passed and at made in the performance of agreement. including any con- by the City Council on any cnnvenent, condition, or cession, contract of day of July, 1995. agreement contained In this agreement, or operation ar- -0- Armand( lease to he kept or performed rangement. for a period Ciry Si by Lessee, Including the fore- exceeding more than ninety going. and such default or (90) consecutive days, re - breach of performance shall garding the operation or use continue for more than a ren- of the Leased Premises wHh- sonable period of rime Sher out the prior written consent written notice of such default of the operation or use of the or breach from Lessor to Lee- Leased Premises without the see specifying such default or pnor written consent of the breach. then Lessor as Its City Manager or City Council, sole remedy may elect to ter- which consent will not be un- minet0 this lease and the term reasonably withheld. In the created hereby. In which ordinary course of providing event Lessor shall be entitled or authorizing functions, pro - to possession of the Leased grams and events under and Premises. in accordance with this con= 8. Upon completion of the tract, 018 Leasee_may. restoration of the -Lintas- without the prior consent Macon House" located upon thereto of the City Manager or the Leased Premises, Lessee Coy Council. enter Into wrh- ehall make no strueturel after- ten convects and agreements aliens or additions to the of a routine nature, with such improvements upon the contracts and agreements be - Leased Premises without the frig in accordance with and prim written consent of the subject to the tons and pro - Lessor. Lessee may make visions of this contract suet+ nonstructural additions, —11. The Lessor authorizes alterations, and improve- Leasee to collaterally assign, menta upon the Leased mortgage. or pledge by Deed Premises deemed necessary Of Trust or otherwise the or desirable by Leasee and, tights under this lease unto upon termination of thio tease, the Corpus Christi Housing Lessee may, but shell not be Improvement Corporation for obligated to, remove all such the sole purpose of securing a nonstructural additions, alter- rehabilitation loan to restore atone. and Improvements. the promisee leased hereby_ 9. AU notices authorized or Upon the receipt or written required under this lease and notice of such financing, Lea - all demands made pursuant to mor agrees to provide said it shall be deemed sufficiently leasehold mortgage copies of given when posted by cent- all notices afforded Lessee fled .matt, postage prepaid, hereunder, return receipt requested, with . 12. The term of this the United States Postal Ser- Agreement shell be twenty Nee addressed to the party to (20) years beginning May 28. whom directed at the address 1986. provided that Lessee herein sat forth or et such performs the restoration of other address as may be from the Uttle8-Marto House at en time to time designated in estimated cost to be submit - writing by the parry changing ted m the time of approval of ouch address: the architect and provided LESSOR: that the restoration can be un - City of Corpus Christi deneken and completed P. 0. Box 9277 during the first five (5) years Corpus Christi, Texas 78489 of this lease IF Lessee fails to Attention: City Manager perform o1 earn rester y `- LESSEE: Ing re first Littler -Martin Hou8e Fund, this leased term. this lease Inc.. 3816 Leopard shall then terminale unless Corpus Christi, Texas 78408 otherwise extended In writ - Attention: Helen Gurley, ing. Upon completion of the President • restoration, Lessee may send 10. Lessee shall not assign Lessor a written notice of this lease without the prior completion; and, H Lessor written consent of Lessor. does not object In wrong The Lessee shall have the within sixty (80) days to Lea- 0ghl 18 authorize Individuals, sae's 880811100 o1 completion, groups of individuals, or ur98- this lease shall automatically Nations to use 'pardons o1 be continued for the remain - the Leased Premises for a der of such twenty 1201 3881 purpose or purposes for term. which the Lessee is herein au- 13. Lessee may, at any thorized to use the premises. time prior to the completion All of sed use by said indlvid- 01 the restoration and renove- , uale or organizations shell be lion contemplated hereby,