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HomeMy WebLinkAbout19626 ORD - 02/03/1987AN ORDINANCE ACCEPTING THE DONATION OF THE JALUFKA HOUSE, AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT OF THE JALUFKA HOUSE TO THE CZECH HERITAGE SOCIETY OF SOUTH TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the donation of the Jalufka House to be located in Heritage Park is hereby accepted effective December 30, 1986. SECTION 2. That the City Manager is hereby authorized to execute a twenty (20) year lease agreement with the Czech Heritage Society of South Texas for the Jalufka 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." 19626 08P.203.01 MICROFILMED STATE OF TEXAS § COUNTY OF NUECES § LEASE AGREEMENT FOR JALUFKA HOUSE v THIS AGREEMENT of lease by and between the City of Corpus Christi, a Municipal Corporation, designated herein as "Lessor," and the Czech Heritage Society of South Texas, 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: Lots 3, 4, 5, 9 and 10, Block 61, Beach Addition, (further described by Exhibit B) an unrecorded subdivision of the City of Corpus Christi, Nueces County, Texas, including the water and sewer improvements and proposed structure to be situated thereon, the "Jalufka House," 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 Jalufka 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 the Landmark Commission and so far as it is deemed economically and physically feasible by the Landmark Commission. The restoration of the structure shall include the renovation of the interior and exterior of the building. 2. Lessee will secure 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 prior to the issuance of a building permit as set forth in this paragraph. All cost of moving the Jalufka House to the leased premises shall be borne by Lessee. Restoration 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. 08P.203.01 4. Lessee must provide and maintain, at its expense, during the term of this lease, a Comprehensive General Liability policy to include Contractural Liability and Premises/Operations endorsements to cover losses and damages from activities pursuant to this lease. (Minimum limits of coverge will be $100,000 per person for injury and death, $300,000 per occurrence and $50,000 for property damage). The City of Corpus Christi shall be named as additional insured on the policy. As evidence of the coverages required herein, Lessee shall submit a Certificate of Insurance specifying the coverages and limits required and persons as Additional Insured. Thirty (30) days notice of cancellation, intent not to renew and any material change will be given to the City Manager, City of Corpus Christi. 5. Lessee will assume responsibility for all maintenance of the leased property except as expressly stated herein. Maintenance includes among others, painting, roof repair and replacement, pipe repair and replacement, structual repair and replacement, security and electric service. 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. Lessor shall provide janitorial -services following any meetings which are sponsored or allowed by Lessor, including emptying of trash receptacles and cleaning of floors, as necessary. Lessor shall provide water, sewer, and garbage removal services without cost. 6. Lessee shall use and operate the Jalufka House in a manner 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, as specified in the use plan. (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 da;' 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 hours 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 non-profit 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 which Lessor shall have use of the premises for its purposes, 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 required by Lessee and approved by the Landmark Commission, which cessation of use shall continue for a consecutive period 08P.203.01 exceeding ninety (90) days shall constitute a default by Lessee hereunder. 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 term created hereby, in which event Lessor shall be entitled to possession of the Leased Premises. 8. Upon completion of the restoration of the Jalufka 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 non-structural 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, removal all such non-structural additions, alterations, and improvements. If such non-structual additions, alterations, and improvements are not removed within 30 days of notice from Lessor to Lessee, they shall become the property of Lessor. 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.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: City Manager LESSEE: Czech Heritage Society of South Texas P.O. Box 7060 Corpus Christi, Texas 78415 Attention, Alvin J. Prochaska, President 1Q. Lessee shall not assign this lease or sublease the property hereunder 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 Lease 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 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 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 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. 08P.203.01 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 mortgage copies of all notices afforded Lessee hereunder. 12. The term of this Agreement shall be twenty (20) years beginning 19 , provided that Lessee performs the restoration of the Jalufka House at an estimated cost to be submitted at the time of approval of the architect and provided that the restoration shall be undertaken and completed 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 be 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 discretion upon written notice to Lessor as provided herein and Lessee shall have no further obligation hereunder. 14. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the manner of consideration hereunder, nor any other provision contained herein, nor any of the acts of the parties pursuant hereto, shall be deemed to create any relationship between the parties hereto other than that of Landlord and Tenant. EXECUTED this the day of , 19 ATTEST: LESSOR: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED:.6ir DAY HAL GEORGE, CITY ATTORNEY By /c�.t1�•i: - James R. Dray Assistant Cit 'A ' orney By Craig A. McDowell, City Manager ATTEST: LESSEE: CZECH HERITAGE SOCIETY OF SOUTH TEXAS By by Secretary President 08P.203.01 Describing a 0.32 acre tract of land, more or less, out of Lots 3, 4, 5, 9, and 10, Block 61, Beach Addition, an unrecorded addition to the City of Corpus Christi, Nueces County, Texas. BEGINNING at a point on the westerly right-of-way line of North Chaparral Street, a point which bears northerly (along said right-of-way line) 107.50 feet more or less, from the intersection between said westerly right-of-way line of North Chaparral Street, and the northerly right-of-way line of Fitzgerald Street, for the southeast corner of this tract; THENCE in a westerly direction with a line 7.50 feet, (more or less) north of and parallel to the northerly boundary line of Lot 2, Block 61, Beach Addition, at 150.00 feet more or less, pass the common boundary line between Lots 3 and 10, Block 61, Beach Addition, a distance in all, of 167.00 feet, more or less, -to a point, the southwesterly corner of this tract; THENCE in a northerly direction, with a line 17.00 feet (more or less) west of and parallel to the common boundary line between Lots 3 and 10, Block 61, Beach Addition, at 42.50 feet more or less, pass the northerly line of said Lot 10, a distance in all of 48.00 feet more or less, to a point, for a corner; THENCE in an easterly direction, with a line 5.50 feet (more or less) north of and parallel to the northerly boundary line of said Lot 10, at 17.00 feet more or less, pass the common line between Lots 4 and 9, Block 61, Beach Addition, a distance in all of 32.50 feet more or less, to a point, an interior corner of this tract; THENCE in a northerly direction, with a line 15.50 feet (more or less) east of and parallel to the aforementioned common line between Lot 4 and 9, a distance of 36.00 feet more or less, to a point for a corner; , THENCE in an easterly direction, with a line 8.50 feet (more or less) south of and parallel to the northerly boundary line of Lot 4, Block 61, Beach Addition, a distance of 30.50 feet more or less, to a point for an Interior corner of this tract; THENCE in a northerly direction, with a line 46.00 feet (more or less) east of and parallel to the common line between aforementioned Lots 4 and 9, Block 61, Beach Addition, at 8.50 feet (more or less) pass the northerly boundary line of said Lot 4, a distance in all of 11.00 feet more or less, to a point for the northwest corner of this tract; THENCE in an easterly direction, with a line 2.50 feet (more or less) north of and parallel to the northerly boundary line of said Lot 4, a distance of 104.00 feet more or less, to a point on the aforementioned westerly right-of-way line of North Chaparral Street for the northeast corner of this tract; -2 - THENCE in a southerly direction along said westerly right-of-way line of North Chaparral Street, at 2.5 feet (more or less) pass the northeast corner of aforementioned Lot 4, at 52.5 feet (more or less) pass the' northeast corner of aforementioned Lot 3, a distance in all of 95.00 feet more or less, for the POINT OF BEGINNING. (102.52d3) [ a� z rc �v- OW- - | | x � .. ;; 7 &: z That the foregoing ordinance w s read for he first �p}cJ �jime and passedOto its second reading on this the ,_- D day of QM[ , 19g0 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinanc s read for the second time and gassed to its third reading on this the day o , 19 7 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance was read for the third time and passed finally on this the d day of athtcahl , 19 r1 , by the following vote: Luther Jones J 1 Joe McComb 11, Dr. Jack Best � Frank Mendez !/ David Berlanga, Sr. Bill Pruet 1,, Leo Guerrero GGr„lAtilk Mary Pat Slavik `/,: Linda Strong Q,L(, ikt. PASSED AND APPROVED, this the 040C> day of ATTE : qty Secretary MAYOR APPROVED: -3r DAY OF , 19P7: HAL GEORGE, CITY ATTO Y By ssis an 99.044.01 orney , 19 0 . THE C TY OF CORPUS CHRISTI, TEXAS 19626 Legal Notices 1110 Legal Notice Legal Notices 1110 Legal Notices 1110 g Secretary 1110 by sponsored or contract president 110 N. Shoreline. Ings which .are P Including 11. The Lessor authorizes a 0.32 acre or coma by allowed by Lessor, Deed Describing JsJ Ezequiel P. Elizondo emptyia6 °f trash receptacles Lessee to collaterally more or less, Ezequiel H. USING and ry. Leg of floors, as nide mortgage, or pledge q, 5, 9, and ss10, Director angary. Lessor shall provide of Trust under 0(0.10 5e the tract of I5 3. 4. Addition, an HOUSING &Corpus Christi Housing Block 61, water, sourer, and garbage re- rights this. lease unto out of Lots , URBAN DEVELOPMENTl servicesImprovement Corporation for unrecorded addition Chris°, Nueces CITY OF CORPUS CHRISTI m 6eL heJ she lu ou se o e hsolopurpose of securing a Cny o n consistent th the r habilitation loan to restore County. Texas emises leasod hereby BEGINNI vGr gt+ a point hne NOTICE N PASSAGE 19626 erste the to be a House THIRD READING OF manner n to be Presented the the pr of North Chaparral -way 1. e ORDINANCE ENDONATION use p roved by Upon the receipt of written the wasted ht -of -way OF THEE THE AHOUSE. the City and approved notice of such financing, of t Which pears Street, In consider- sor agrees to p fes saidof (along said ribears snort less, OF JF AA HLEASE Landmark reel 's5r1sto The e e cop Or AUTHORIZING THE EXECU- Lessor agrees, from0the feet more between hne TION OF LEASE aeon of Lessee's restoration leasehold mortgage that Lessee shall have hereunder f North Chaparral Strain, and el 12 The term of this said westerly right-of-way AGREEMENT OF THE JALUF- of the heron described 51199- all notices afforded Lessee 107.50 feel more of way fine KAS0 HOUSE SOCIETY O THE CZECH me right to establish an 1y of eoonhehy ag HERITAGEears beginning r of Fitzgerald Sheol, for the SOUTH TEXAS. maintain its administrative of- Agreement shall be teen nor of this tragi; provided that Lessee per- IT ORDAINED BY THE faces within the structure and (20)y THENCE an a westerly di- OTCCOUNCIL OF THE CITY the provide meeting rooms far forms House restoration an estimated rection with a Ir nor 015of11 a t; OF CC `US CHRISTI TEXAS. the sof its sof rte roup a or fcas sta000 a at anted m t d southeast c approval it the arohe (more or with Socated in That the ark i any of Its Supp 9 parallel to the northerly (0) Lessee premises os to maine time and app non of the Jolufka House 10 specified In the use plan 50 feet, provided that the of Lot 2, Block co located H mage Park +semises open to the rest pr undertak- boundary line at hereby accepted effective the City tan the pr office en and comp1p1Bd°durng he 61, Beach Addition.ass, somber r herb pubic during regular en an of this 150 00 feet ommor boundary SECTION 2 That the yeay h4) h or the per Lessee east 5) leased term This yearsof hall pass the der Manager Is hereby authorized the imum period ea at for rive (5) (20) year (4) hours dayextended In writing Block 61, -Beach Addition. a C execute ri Society , out extended oftheresto-' BI000 a i, all, ofh 167 00 feet ine tween lSoutaSe lig n outside wise pointthereement So with t of seeshallpastae sign Les then terminate unless other -rid lmoreeor less, lona S the Upon comp Czech nHeritage Heritage Lessee may a written notice of southwesterly corner of this more Texas for the Jn the poli structure inspection same Less en hal ration, andted Lessor south - Hause gHeritage Park, f tion,THENCE-in a northerly de more lolly set forth 1attached d public anter ing the hist visitors anld does snot object m wnting oro C less) west 11 and these agreement, a the history days to Les- rection, with a line 17 00 feet Lhore of whish Is attached concerning remises within sixty 160) completion, rm the common art hereof 185500 sh of the P parallel to STATET and TEXASEa p Lessee 15 50 visiting provide spas sae's a assertion o uomp Me between Lots n marked Exhibit 'A'. arties this lease shad automatically p Block 61,Beach,?�•- cialhours for n app Pbe 40 year and 10,boundary ora 3 OF or groups on an appointment der of nucha wanly 1201 sort boon ary COUNTY OF NUECES 40)0A; ati4 ache of este' term at any less, pass the northedy LEASE AGREEMENT o FOR basis.maintain at least one 13. Lessee may, a distance no of .a dAbetween 0 nor to the completion said Lot 10, Or d available for use 18 time p of 48.00 feet more or 1855. to THIS AGREEMENT f lease mameeti ai least one room a of the restoration and hereb a Point, f a corner,ror lss to W end between th�City ere- n of ranee° it r organizations, am private lion contemplated y' THENCE non easterly Corpus Christi, a non -prof o °r ticon- hne5 500fdi- eet fan designated here- roan s ghee be one terminate this discretion Agree- rection, e) line 5 f and Corporation, 'Lessor• and the Czech which meetings agreeable mens at once to Lessor as (more fllel to the northerly ge Society o during the regular 'd d herein and boundary Inc th n as f South ducted atm buss- written n Lessee paraof said Lot 10, Hence r Corpora- nmes provided ou Texas, a Non -Profit, Corp no further oblige• at oda feat more or less, be norpermpod shell have der 00the feet mor line be t hereinafter designated as ness hours of Lessee 105501, W 1 of the premises_ limed s - 61, sac That the es fed by Lessee' steed byte tante in a a Ion, alai likewise, shall r oon hereunder Nothing dis- not 14 hag be deemed or tweenn Loh Addition,9, Bloc T N E•S S E T H. the use of a port ion or po - herein pas L sor tlth tions s admincont h parties here all of 32 . feat Mese presents lease and de Occup an third party, as more eaor less, a point, n k and other agreeable uses, to, nor by relationship of interior corner of this tract; mise unto the said Lessee the iwhelve offices for meetings c ant or of part- THENCE i, a northerly 00 C City of g described property nncl al and agent )Cog end being situated in the whether ofConvention limes ndn 00 nerd P or of joint venture rectum, with a line 1550 feet Cary of Corpus,4, Chnstl, andNdeces Supp ht times and on betwee parties hereto, atmore jets) east 1f and part Blonky, Texas, achwiA activities, time, from time being un the p reed l Lots 3, 4, 5. 9 1bi dates which may, reed e- being understood and lig amnion line between Lots 4 ee- that neither the manner of eget w the aforementioned Beach Adtlitton, b time, be mutually lig nor c 36.04 Block 61. Exhibit bythe parties les to this Agr contained.ocr and 9, a distance of gurther iW 05 ed bbdivosion t 011 times hick consideration pit hereunder, ore or less, toe point of Corpus Ctidsti, Lessor shall have u of the any other provision the acts of feet B)•onunrecorded use n harm, nor any o t hereto, for r easterly int a the Ciw Texas, in- premises for ns Purposes• rties purauan THENCE In an dv Nueces County improvements expense representative shall be deemed to create any more or lass) south f and between the racoon, with a Imo 650 teat c cludi 'the Water and sewer shall ba responsible for all se- the Pa the northerly Improvements and proposed be 'situated there. of its P sponsored use of relationship parallel to stru its use or parties hereto other than that 1 Ins of Lot 4, flock the �e rein pr5vided, in t e structureLX dlord this the ... day poundary I t tial - on, the. rov��, °1 7. The cessation of the use of Landlord and Tenant. 61 Beach Addition, Lon, the term herein p . { h0 50 feet more or agre:dep per of which Lessor abLessee the lease ATTEST: LESSOR• less to Lessee covenant and premises herein a or of ..., 19 f this tract, tensa o a point for an animal and ata edorm the follow- any so subsequently agree io p Lessee end THENCE +n r northerly di" terms and conditions, quire by the Landmark CITY OF CORPUS CHRISTI corner o46 ling approved by rection, with a line 000 teat to-wl{ which cessation Armando Crete a By (more or less) east of and par- ka Lessee shell institute a Commission, Craig A. McDowell, allot lir the common period exceeding Beach Ad - program of restoration of the of use shag continue fora icy City Manager between aforementioned Lots days shall const q and 9, Block 61, structure known as the Jaluf- consec(90)utive Lessee at 8,50 feet (more or ka House to it located to the ninety der. y 1236 4aaon, northerly above-described land at ac- lute a default by less) Pass the procedures as iviede the performance of December, boundary line of send Lot 4, a cordance with the terms, hereunder. If default shalt be APPROVED: 23rd DAY all 11 00 feet conditions. and proseis CITY GEORGE, distance nt for 17315 The agreement containad�ornhatl By /s/ RW Coffin more or ness, toe polo provided In Sec°on 9 of Ordi- y covenant, c'on^Intion. lir HAL GEOR •-, n.r,.rnev s, of roar of this kin Lenamark "Commission, restoration of the structur shall include the renovation o the interior and exterior of th building. _ -'�2^1:a3rsas war 050015 lit services of an architect wit knowledge and experience in restoration of historic otrut tures, to plan, direct, an supervise such restoration and renovation, which selec tion of architect will require the advance approval of Les sor. All expenses and fee paid to Such architectural firm shall be paid by Lessee a contracted If the services of such architectural firm should be terminated for any reason prier to completion of such rest Vation, then Lessee shall engage a replacement archi- tectural firm with knowledge and experience in restoration •of historic structures, and which placement architect hall belikewiseacceptable to Lessor 3 Prior to commencing such restoration and renova- tion,the supervising architect shall submit restoration plans to the Landmark Commission of thee City 41 Corpus ns Christi, such a approval and approval shall be a pre- raquesit& for the issuance of any building permit required by Lessor's Building Official Nothing contrained in this pro- vision of the Agreement shall preclude the Issuance of a moving permit prior to the is - of a building permit as set forth in this paragraph. All et of moving the Jalufka House to the leased premises .shall be borne by Lessee. Restoration 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 must provide and maintain, at its expense, during the term of this lease, a Comprehensive -General La- bility policy to include 0 see specifying such default 6) e breach, then Lessor as its f sole remedy may elect to fer- e minate this lease and term crested hark* in whir—oontracturel uanmty ane event Lessor shall bo enhda Premises/ Operations h to possession Lease dorsamanta to cover losses Premises, and damages from activities - 8 Upon temptation of 55 pursuant to this lease (Mini - restoration of the Jalufk, mum limns of coverage will House located upon thi be $100,000 per person for Leased Premises, Lessee she' Injury and death, 5300,000 make no structural alteration per occurrence and 550,000 ' or additions to the Improv( for property damage) The e mints upon the Lease City of Corpus Chnsti shall be Premises without the pit( named as additional Insured written consent of the Lasso on the policy. As evidence of Lessee may make such nor the coverages required herein, structural additions, alta! Lessee shall submit a Certifi- atrons, and improvement tate of Insurance specifying upon the Leased Premise the coverages and limits re- deemed necessary or desi• quired and persons as able by Lessee and, ups Additional Insured Thirty (30) see may, but shall not b in. obligated to, removal all uc material hangs will be given etions, andnor improvementsahem Corpus Chnsti. the Manager, Cityof such non-structual addition 5. Lessee will assume re - alterations, and improv sponslbelety for all termination of this lease, Le( days notice of cancellation, ments are not removed withi maintenance of the leased 30 days of notice from Lesscpropey except as expressly to Lessee, they shall becom stated herein Maintenance in - the property of Lessor eludes among others, 9. All notices authorized cpambng, •roof repair and re - required all demands made pursuant rn opipe structual repair repair irI It shall be deemed sufficient and replacement, security and given when posted by ceri electric service Lessor shall f tied mall, postage prepail maintain the grounds and return receipt requested, wlllandscaping of the Leased d the United States Postal Se Premises in good condition L vice addressed to the party land attractive appearance, ft whom directed at the addrei being understood that the ex- harem et forth or t sur tenor landscaping shall be other address as may be fro configured such a manner time to time designated so as to enhance the exterior t writing by the party changes appearance of the structure. a such address: Lessor shall provide janitorial d LESSOR' City of services following any meet- t Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention. City Manager LESSEE: Czech Heritage Society of South Texas P.O. Box 7060 Corpus Christi, Texas 78415 Attention, Alvin J. Prochaska, Pre id this 10 s sublease the property hereunder without the nor written consent of Lessor The Lessee shall have the nght to authorize individu- als, groups of ind,Nduals, or organizations to use portions of the Lease Premises for a purpose or purposes for which the Lessee's herein au- thorized to use the premises All of said use by said Individ- uals or organizations shall b subject to and In accordant with the spirit and terms o contract and shall be unde the direction and supervision of the Lessee The Lessee shall not enter into any writ- ten contract o agreement including anyr concession, contract of agreement, or op- eration arrangement, for a pend exceeding more than ninety (90) consecutive days, regarding the operation or use of the Leased Premises with- out the prior written consent f the City Manager or City Council, which nsent will not be unreasonably withheld n the ordinary course of pro- viding or authorizing unctions, programs and events under and in accor- ance with this contract, the essee may, without the prior onsent thereto of the City Manager or City Council, enter tit a written contracts and g amens of a routine ne- ural, with such contracts and greements being in accor- ance with and subject to the arms and provisions of this a r Is 1110 Legal Notices • ant parallel to the northerly boundary line of said Lot 4, e distance of 104.00 feet more or less, to a point on the aforementioned westerly right-of-way line of North Chaparral Street for the north- east corner of this tract. THENCE in a southerly di- rection along said westerly right-of-way line of North Chaparral Street, at 2 5 feet (mare or less) pass the north- east corner of aforementioned Lot 4, at 52,5 feet (mole or less) pass the northeast cor- ner of aforementioned Lot 3, a dirstance in all of 95 00 feet o e or less. for the POINT OF BEGINNING WAS PASSED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON FEBRU- ARY 3, 1987, ON THIRD READING. /o/ Armando Chaps City Secretary Corpus Chnsti. Texas CORPUS CHRISTI, TE • 1110 Legal Notices 1110 Legal Notices 1110 Legal Notices 1 this lease or sublease the being understood end agreed corner of this tract; property hereunder without that neither the manner of THENCE in a northerly di- the prior written consent of consideration hereunder, nor rectlon, with a line 48.00 feet Lessor The Lessee shall have ny other provision contained (more or less) east of and par- the right to authorize indlvidu- herein, nor any o1 the acts of allel to the common line els, groups of individuals, or the parties pursuant hereto, between aforementioned Lots organizations to use portions shall be deemed to create any 4 and 9, Block 61, Beach Ad. of the Lease Premises for a relationship between the dation, at 8 50 feet (more or purpose or purposes for parties hereto other than that less) pass the northerly which the Lessee ,s herein au- of Landlord and Tenant boundary line of said Lot 4, a thonxed to use the premises EXECUTED this the ... day distance in all of 11 00 feet All of said use by said ind,vid. of 19 ore or less. to a point for uals or organizations shall be ATTEST the northwest corner of this subject to and in accordance LESSOR tract; with the spirit and terms of CITY OF CORPUS CHRISTI THENCE in an easterly di- contract and shall be under Armando Chapa, rection, with a line 2,50 feet C. the direction and supervision City Secretary (more or less) north of and 4i of the Lessee. The Lessee BY parallel to the northerly B. shall not enter into any writ- Craig A McDowell, boundary line of said Lot 4, a Ci ten contract or agreement- City Manager distance of 104 00 feet more 7 including any concession, APPROVED 23rd DAY OF or less. to a point on the Be contract of agreement, or op- December. 1986 aforementioned erasion arrangement. for a HAL GEORGE, - westerly Ti 9 right-of-way St line of North Ti period exceeding more than CITY ATTORNEY Chaparral Street for the north- 81 ninety (901 consecutive days, By /s/ RW Coffin east corner of this tract, 11 regarding the operation or use- Assistant City Attorney THENCE In a southerly di- Fc of the Leased Premises with. ATTEST- rection along said westerly Lu out the prior written consent LESSEE' right-of-way line of North t f the City Manager or City CZECH HERITAGE SOCIETY Chaparral Street, at 2 5 feet Council, which consent will = OF SOUTH TEXAS (more or loss) pass the north- . not be unreasonably withheld By east corner of aforementioned ' In the ordinary course of pro- Secretary Lot 4, at 52 5 feet (more or C tiding or authorizing by ... less) pass the northeast tor- F functions, programs and President ner of aforementioned Lot 3, 1 events under and In actor- Describing a 0.32 acre a distance 1n all of 95 00 feet 1 dance with this contract, the tract of land, more or less, more or less, for the POINT 7 Lessee may, without the prior out of Lots 3, 4, 5, 9, and 10, OF BEGINNING C consent thereto of the City Block 81, Beach Addition, an WAS PASSED BY THE CITY N Manager or City Council, enter unrecorded addition to the COUNCIL OF THE CITY OF SI into written contracts and City of Corpus Christi, Nueces CORPUS CHRISTI ON JANU- 8 agreements of a routine aa- County, Texas f. ARY 11, 1987, ON SECOND 2 ture, with such contracts and BEGINNING at a point on READING. agreements being in actor- the westerly right-of-way line /s/ Armando Chapa 3 dance with and subject to the_ of North Chaparral SUaet, a City Secretary 7 °terms-end prov0dlgns'of this Point which bears northerly Corpus Christi, Texas contract (along said right-of-way line) .. _ _ 11. The Lessor authorizes 107 50 feet more or less. Lessee to collaterally assign, from the intersection between mortgage, or pledge by Deed said westerly right-of-way line of Trust or otherwise the of North Chaparral Street, and rights under this lease unto the northerly right-of-way line the Corpus Christi Housing of Fitzgerald Street, for the Improvement Corporation for southeast comer of this tract; the sole purpose of securing a THENCE in a westerly di- rehabilitation loan to restore rection with a line 7.50 feet, the premises leased hereby (more or, less) north of end Upon the receipt of written parallel 'to the northerly notice of such financing, Les- boundary line of Lot 2, Block or agrees to provide said 61, Beach Addition, at leasehold mortgage copies of 150 00 feet more or less. all notices afforded Lessee pass the common boundary hereunder. line between Lena and 10, 12. The term of this Block 61, Beach Addition, a Agreement shall be twenty distance in all, of 16700 feet, 1201 years beginning . , 19 more or less, to a point. the ., provided that Lessee per- southwesterly corner of thls forms the restoration of the tran. Jalufka House at an estimated THENCE in a northerly di- cost to be submitted at the racoon, with a line 17.00 feet 1 time of approval of the archi- (more or Tess) west of and tett and provided that the parallel to the common restoration shall be undertak- boundary line between Lots 3 en and completed dunng the and 10, Block 61, Beach Ad- fust five (5) years of this dnion, at 42,50 feet more or leased term This lease shall less. pass the northerly line of then terminate unless other- said Lot 10, a distance in all wise extended in writing of 48 00 feet more or less, to Upon completion of the resto- a point, for a corner, ration, Lessee may send THENCE in an easterly di- Lessor a written notice of rection, with a line 5 50 feet completion; and if Lessor (more or less) north of and does not object in writing parallel to the northerly Within sixty (60) days to Les- boundary line of said Lot 10, see's assertion of completion, at 17 00 1ea1 more or lass. this lease shall automatically pass the common line Be- be continued for the remain- )ween Lots 4 and 9, Block der of such twenty (20) year 61. Beach Addition, a dis• term. tante in all of 32.50 feet . 13. Lessee may, at any more or less, to a point, an time prior to the completion intenor corner of this tract, of the restoration and renova- THENCE in a northerly da- tion contemplated hereby, rection, with a line 15,50 feet terminate this Lease Agree- (more or Tess) east of and par- ment at its discretion upon a11e1 to the aforementioned written notice to Lessor as common line between Lots 4 provided herein and Lessee and 9, a distance of 36.00 shall have no further oblige- feet more or less, to a poet tion hereunder _ fora comer. _- - PUBLISHER'S AFFIDAVIT STATE OF TEXAS, to: AD# 53843 . _ County of Nueces. J CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally carne. MURIEL LA RUE ., who being first duly sworn, according to law, says that he is the SENIOR ACCOUNTING CLERK of the Corpus Christi 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 ON THIRD READING OF ORDINANCE NO. 19626 ACCEPTING THE of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING COMPANY on the 8th day of FEBRUARY 1987.., and once each da.Y.-._.._..thereafter for one consecutive d 41 _....sane. Times. $ 696.90. _ MURIEL -LARUE Subscribed and sworn to before me this...-.9Yzh_._.da ..-...EE.BR.UAB.Y 19...$Z— Notary lic, Nueces County, Texas EUGENIA S. CORTEZ 6-30-89 STATE OF TEXAS, County of Nueces. }SS: PUBLISHER'S AFFIDAVIT AD# 66770. .. CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally came. MURIEL LA RUE who being first duly sworn, according to law, says that he is the SENIOR ACCOUNTING CLERK 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 ON FIRST READING OF AN ORDINANCE ACCEPTING. THE l_smiION of which the annexed is a true copy, was published in CAT ,T,FP -TTMFC PUBLISHING. C 1 . on the.: th. day of ,SAN. IARY198.7_., and once each day_ thereafter for nna consecutive day DEE. _ Times. 69460 Subscribed and sworn to before me ta4;ez_vit-4., MURIEL LA RUE of ..T9J 1Ji LY K Nory Public, Nueces Conn exas EUGENIA S. CORTEZ 6-30-89 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, to: AD# 71520 County of Nueces. f CITY OF C.C./CITY SECRETARY fLSENIOR ACCOUNTING CLERK 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 ON SECOND READING OF AN ORDINANCEFACCEPTING THE DONATION Before me, the undersigned, a Notary Public, this day personally came..-...._. MURIEL LA RUE who being first duly sworn, according to law, says that he is the of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING COMPANY on the 11 day of.... JANUARY 19 87 and once each....clay. _..thereafter for.. rnnA consecutive Slay - _nn�........Times. 695 , 75��______ MTJRIEL LA RUE Subscribed and sworn to before me this_ 15th qday of JANTIA.R.Y 18.22__._ No ry Public. Nueces County, Texas EUGENIA S . CORTEZ .6-30-89 1 . . NOTICE OF PASSAGErON FIRST READING OFT" AN ORDINANCE T ACCEPTING THE DONATION OF THE JALUFKA HOUSE; AUTHORIZING THE EXECU- TION - OF A LEASE AGREEMENT OF THE JALUF- KA HOUSE TO THE CZECH HERITAGE SOCIETY OF SOUTH TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS RISTI TEXAS. SECTION 1.H That the done - Iron of the Jalufka House to be located in Heritage Park Is hereby accepted. SECTION 2. That the City Manager is hereby authorized to execute a twenty (20) year lease agreement with the Czech Texor h Heritage fi Jakarta Hof ose in Heritage Perk, all as more fully sat forth ,n the lease agreement. a substantial copy of which Is attached hereto and made a part hereof Lmarked,Exhibita Ate. STATE OF TEXAS e COUNTY OF NUECES b LEASE AGREEMENT FOR JALGRET SE THIS AGREEMENT of tease by and between the City of Corpus ion.iau, a Municipal — Corporation. designated hero- 1 in as 'essor', and the Czech Heritage Society of South r Texas, a Nan -Profit Corpora - 1 tion, hereinafter designated as P 'Lessee'. Z WITNESSETH: 1That the Lessor does by these presents lease and do- se unto the said Lessee the followj.;g described property lying and being situated in the City of Corpus Christi, Nueces County, Texas, to -wit: ,i,ots 3. 4, 5, 9 and 10, Block 61, Beach Addition, (further described by Exhibit 0) an unrecorded subdivision 1 the City of Corpus Christi, Nueces County, Texas. in- cluding the water and sewer improvements and proposed structure to be situated there- on, the-Jalufka House, for the term herein provided, in consideration of which Lessor and Lessee covenant and agree to perform the follow- ing terms and conditions, to-wrt• 1. Lessee shall institute a program of restoration of the structure known as the Jaluf- ka House to be located on the above-described land in ac- t cordance with the terms, F conditions, end procedures as ` provided in Section 9 of Ord, to mince No 12315 The restoration shall adhere to the g plans and appearance of the 1original structure so far as it is possible to be ascertained by CCC Lessee and the Landmark Commission and so far as it is deemed economically and i,physically feasible by the Landmark Commission. The restoration t the stmoture hell include the renovation of • the Intenor and exterior of the building 2 Lessee will secure the services of an architect with knowledge and experience in h restoration of historic struc- )r turns, to plan, direct. and 1 supervise such restoration and r ovaan, which selec- eton of architect will require the advance approval of Les- sor.QAll expenses and fees paid to such architectural firm shall be paid by Lessee as contracted. 9 the services of such arc'lnecturel 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,. structures. and which replacement architect shall be likewise acceptable to Lessor. 3. Prior to commencing such restoration and renova- tion, the supervising architect shall submit restoration plans to the Landmark Commission alba City of Corpus Christi, Takes, for its approval and ,. 'usach approval shag be a pre- •Fequisde for the Issuance of any building permit required by Lessor's Building 1 it • • (14 Lessee funlier agrees to nntain at least f room open and room for use le a meeting room for proal. non-profit meorganizations. whichmeetings ansa h con- ducted at mutually agreeable times during the regular busi- ness hours of Lessee. Lessor, likewise, shall be permitted the use of a portion or por- tions of the premises not occupied by Lessee's admin- istrative 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 Agree- ment At all times which Lessor shall have use of the premises for its purposes, it Gall be responsible for all se- cunty 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 re• quired by Lessee and approved by the Landmark Commission, which cessation of use shall continue for a consecutive period exceeding ninety (90) days shall consti- tute a default by Lessee hereunder If default shall be made in the performance of agareement covenant. condition, lfin this lease to be kept or performed by Lessee, including the fore- going, and such default or breach of performance shall continue for more than a rea- sonable 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- minatethis lease and term created hereby, in which event Lessor shall be entitled to possession of the .Leased Premises 8 Upon completion of the restoration of the Jalufka House located upon the Leased Premises. Lessee shall make no structural alterations or additions to the Improve- ments upon the Leased Premises without the prior written consent of the Lessor. Lessee may make such non- structural additions, alter- ations, and improvements upon the Leased Premises deemed necessary or desir- able- by Lessee and, upon termination of this lease, Les- see may, but shall not be obligated to, removal all such non-structural additions, alter- ations. end improvements B alterations,such [ruandal improve- prone, ments are not removed within 30 days of notice from Lessor to Lessee, they shag become the property of Lessor. 9 All notices authorized or required under this lease and all demands made pursuant to it shall be deemed sufficiently given when posted by cello- Official. tied meillstage. _ prepaid, time prior tothe completion C of the restoration and renova3 F Iran contemplated hereby, terminate this Lease Agree- ment at Its discretion upon written notice to Lessor as 4 provided herein and Lessee E shall have no further oblige- -i hon hereunder. 0 14 Nothing harem contained shall be deemed or construed by the parties here- to, nor by any third party, as creating the relationship of principal and agent or of part- nership or of Joint venture' between the parties hereto, it1 being understood and agreed that neither the manner of• consideration hereunder, nor any Other provision contained, harem, nor any of the acts of the parties pursuant hereto, shall be deemed to create any relationship between the parties hereto other than that of Landlord and Tenant. EXECUTED this the ... day of . , 19 .... ATTEST. LESSOR. c CITY OF CORPUS CHRISTI Armando Chapa, City Secretary • By Craig A. McDowell, City Manager I APPROVED. 23rd DAY OF 1 December, 1988 j HAL GEORGE. .� CITY ATTORNEY By /s/ RW Coffin Assistant City Attorney ATTEST: LESSEE: CZECH HERITAGE SOCIETY OF SOUTH TEXAS Secretary - President Describing a 0 32 acre tract of land, more or less, out of Lots 3, 4, 5, 9, and 10, Block 61, Beach Addition, an unrecorded addiuon to the City of Corpus Christi. Nueces County Texas. BEGINNING at a point on 1 the westerly right-of-way line of North Chaparral Street. a 1 point which bears northerly (along said right-of-way line) 107.50 feet more or less, from the Intersection between said westerly right-of-way line of North Chaparral Street, and the northerly right-of-way line of Fitzgerald Street, for the southeast comer of this tract, THENCE in a westerly dr rection with a line 7.50 feet, • (more or less) north of and parallel to the northerly boundary line of Lot 2, Block 81, Beach Addition, at 150.00 feet more or less, pasthe line s between Los b 3and,.10. Block 61, Beach Addition, a distance in all, of 167 00 feet, more or less, to a point, the y, southwesterly corner of this d tract; G' THENCE in a northerly di- p, C ; rection, with a line 17 00 feet Fr.,. (more or less) west of and C parallel to the common U boundary line between Lots 3 b 1i 4i 1' • rt . SECOND READING OF I-. - - AN ORDINANCE Y ACCEPTING THE DONATION e. Pnm to commencing '• OF"TJlE"JALUFKA"it1OUSE, ; such restoration and ranove- e AUTHORIZING THE EXECU• tion, the supervising architect >• TION OF A' LEASE ; §hag submit restoration plans M AGREEMENT OP -THE JALUF- to the,Landmark Commieslorl ra..161g HOUSE TO THE -CZECH frthe-Crty of Corpus Christi, ic 3I (SOUTH TEXAS.�IETV OF welt a approval shapproval ll rbe a and ;t i. " B9 IT ORDAINED BY THE i• requisite for the Issuance pre- ,. is (CITY COUNCIL OF THE CITY any building permit required It -OF CORPUS CHRISTI TEXAS i; by Lessor's Building Official. SECTION' 1. That the done- Nothing contained in this pro - L tion -of the.Jalufke House to ,- vision of the Agreement shall I- be located in Heritage Park Is ,; preclude the Issuance of a s heraldby accepted, moving permit prior to the is - SE TION 2. s- SECTION'2. That the City I-'-suance of a building permit as Manager is hereby authorized " set forth tnithis paragraph. All a to execute a twenty (20) year r --cost 6f moving- the Anoka, 1^,lease"-agreemenn, with -the, i; House to the:leased premises' • 'Czech, Heritage Slxitety of aheg.'be bone -by Lessee.. 11 South Texas for the Jalulka I• Restoration pians, shall -pros s House in Heritage Park, all as ) vide far energy conservation 3 mare fully set forth In the ;' and reasonable maintenance.- - aintenance:- lease agreement, a substantial with materials and equipment 1 copy of which Is attached aspecifications being Wale= to - hereto and mode a pan hereof 1; the ,reasonable .approval of i 3 marked Exhibit -A- Lessor.t4n -furtherance off STATE OF TEXAS d;--achlevingrthese,goa)s. - COUNTY OF NUECES ' 4t-: Lessee i must provide 1 LEASE AGREEMENT FOR 11;, and Maintain; at its expense, JALUFKA HOUSE : y dutingtthe Sethi' of this lease, t THIS AGREEMENT of lease e;?a Comprehensive General Lie- - by and between the City of '; 'bilary policy to include 8 Corpus Christi, a Municipal - Contractural. Liability and Corporation, designated here- - ' ✓ In as -Lessor-, and the Czech Heriege.'Society of South Texas, a Non -Profit Corpora - r tion, hereinafter designated as 1 'Leasee .' - / these IJQ x 11,030 the 10080 and the iso unto the crib 100300 the i following described property lying and boO9 situated In the City of Corpus Christi, Nueces d County, Texas, to -wit Lots 3, 4. 5, 9 and 10, Block 81, Beach Addition, (further described -by Exhibit 8) en unfecordedraubdwision of;the-City of.Corpus CMisd,, f -Nuecebl,County{„Taxis;. in, • ,chiding t e'tiiiater-"ad°sewer ( Improvements and proposed structure:to:be sititater tItire- 'on, the <Jalufka House'?fo"r • the tern 1letein provided, lit' _ consideration of which Lessor., and, Lessee', dovenanf'and'S tblraforare terms rend `coandltMeow- "-rangnei - t0•wh: , s '3' Lessee shall institutea , Program pf restoration of the 1 structure known as the Jaluf- t ka House to be located on the • ebove,described ,land in ac - 1 cordance with Me terms, i conditions, and procedures as I proWded in Section 9 of Ord, • dance No. 12315. The t restoration shall adhere to the • 'plans and appearance of the 1 1on9inal structure so far as it is ,possible m be ascertained by Lessee end the Landmark Commission and so far as it is - deemeda onomically and , physically feasible by the Landmark Commission. The ; restoration of the structure shall literatle the renovation of ; the Interior and extenor of the buHding. • zH 2. Lessee will secure the services 61 am architect with ; knowledge and experience in restoration of historic strec- : tures, to plan, direct, and supervise such restoration and renovation, which selec- r"don of eichltect will require the advange.aoproval of Les- ;" sot.' All expense's and fees paid to such architectural firm shall be paid by Lessee as conuacted.-H.the services of • bush architectural -firm should 1110 Legal'Notias Premises/ Operat(pns I en- dorsements; to jcover-ffiases and 'damagesn, oxtWltiea pu mrtir to,tfe:lee rbge mr- mbml�nrdi{e of.'y00Braee phn l_be S10oi00anddeal(*, 0,tTer person5300,000 for fnlury' per ood"unenceiand $50,000 for ptdperty damage), The City of, Corpus'Chnsti shall be named as odddional insured 09 the polidy-,;As evidende of hoseserages,raqu;rediherein, Ltraeee shall-sybmit a Cendi- Ce:ISX of Insurist : specifying the coverages and limits re- quired and. 'persons as . Additional Insured. Thirty (30) days notice or -,""cancellation, intent not to renew and any - Material chat-gga:wiil be'given to the Qty Manager, City 01 Corpus Chris,, 5. Lessee will assume re- sponsibility , for all maintehance of: leased property eexpressly he,nMaintence in- cludes among others, painting,, roof repair and re- placement, placement, pis a repair and epiaeplace , usecut,fepad and r c senrmes.t7e4urrty end electric service,.,Lessor shall maintain the grounds, and 'landscaping ofdthe ,,Leased Premises In goad condition and attractive abpearance, it being understood that the ex- • teng' or landscape shall be so,aato Oiihanc e•exte or -appearance Of the'etmdture; k4sw_ehal(-protejemtodal rs S(iCC9.iDup1N -- -'_ -Ings which are 11' onns�or�er-oar ®flawed; by Lesoi,?includmg- i.'-Rrflptyigg;of•tesfi' f000pfecles fin dAahing�W:Ooore,as nap.. essary.' Osssor` s11a1 ,)provide water,`s raft: -and 9erl)aae,re- , moval services;viit,oyt tglt, I • a '6. Lessee shaq_use And pP'• — erste the Jalu)ka House in a manner consistent with the use. plan to be presented -to the City and approvedJby the Landmark Commission- The Lessor agrees. in ,conaider,- ation f Lessee's restoration of the herein descnbed struc- ture, that Lessee shag have the- right to establish and maintain its adrninistrative of- fices within the structure and to provide meeting rooms for the'activitres of the Lessee or any of its auppon groups, as specified in the use plan. ssee main- tainatheepremis agrees to the • public during (tjgulaf office hours of the -Lessee .fora min- imum period of at least four 14) hours perday forfive (5) daye.out of eachmeek. Les- eee 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 spe- cial hours for visiting parties or groups on an appointment basis. (b) Lessee further aides to maintain at least ontr room open and avallable'for.use as a meeting room for 'private non-profit organizations, which meetings shall be con- ducted at mutually agreeable times during the regular busi- ness hours,of Leasee. Lessor, _likewise, shall be permitted the use of a poylion,or pnr Vons ot- the premises 91111 occupied by Lessee's admin- istrative 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 bine to time, be mutually agreed to by the patties to this Agree- ment: At , all 1 times ^ which Lessor shall use ofthe, *, pramises;,for hs purposes, shall be responsible far all se=' oumyaexpensa representative fits use,onsponsared.uae of 9 the stroctiire, •- : • 4?',Tib-8essatiori or fits use • by• Lessee. ofj,(he;.Leasegz.-, -Premisg :Jierelg set:ToRh:wt -any use-'subsequent'4`,re? qurod by'^ Lessee" apprdved_by the Landmark Commission, which-bdssatibH of use shall continue for al 2) consecutive period exceeding. ninety (90) days shall consti- tute a default by Lessee - hereunder. H default shall be A made in the performance of• any covenant, condition,'or agreement contained in this _ base to be kept or performed by Lessee, including the fore- ZI going, and such default or breech of performance shall continua for more than a rea- sonable period of time after 0' written notice of such default ' or breach from Lessor to Les- 1 see specrfying such default or breach, then Lessor es ns I sole remedy may elect to ter- minate this lease and term Lit created hereby, In which — event Lessor shall be emitted S To possession of the Leased Premises 8.' Upon completion of I restoration of the Jelul Hausa located ypon 1 Leased Premises. 1 make no structural altemnr prddi4onw,?o tha-h0Pr'e menta upon "the Leat Premises without the p L Les may emaketsuch n Lest suuctural additions, al atlons, and -•Impfoveme upon the Leased Premi deemed necessary or de able by Lessee and, u termination of shall not see, may, obligated=to, removal all non-structural additlons;e atlons^ and improvement such - tructual additi alterations, are not r mentsw 30 days of notice from Le to Lessee, they shall bet the property of Lessor. 9, All notices auth0nzi required under this all demands made pursue it lldeemed o given when posted ed ubyc tied mall, postage pre return receipt requested the United States Posta vice addressed to the pe whom directed at the ac herein sat forth or "at other address asmay bl time'to -time doslgnat such-Odra.g by.the pant ch LE LoSSOR: Clry ' Corpus Christi • P.Ortox 9277 Corp(s Christh Tex ' • 78469.9277. Anemlon: City Mani LESSEE; Czech He Society .of South Ti • p,0, Cod 7080 Coipus'.Chdsd, Texas Attention, P ee J. Pro 10. Leases shag no 1110 legal Notices 1110,(, Legal Notices 1110 . ,Legal Notices 1 this lease or sublcas. t)e�'being understood and agreed comer of die tract; property � I,under, icnheet°that. neither `the manner of THENCE.ki a no rhedy di- the pdo) ww mien consent sof consideieiiol'i hereunder, nor rection, with a line 46.00 feet Lessor. The Leasee shall have' a ry• other pioyislon contained (more or less) east of and par- the fight to-authorize indlvidu- herein,-nor any of the eats of elle) to the common line als'groups,of individuals; or the ,parties.,pursuant hereto, between aforementioned Lots organisations-to use;portlons shall be deemed lit create any 4 and 9, Stock 81, Beach Ad- of the Lease Premises for a relation'sh(t). between the dition, at 8.60 feet (more or purpose_ purposes -- for 01 ties hereto other Landlord and Tenant. n'rMt boundary pass of sale Lot 4,la link the Leasee is herein eu-„ o Monied 10 use the Premised. ' '' I9JTED;thte the':-.: clay • distance In ell w 1101 feat Ap.of card use fry said Individ- of :1'4,19 .:r.'c;- ii,1-.. MOM or 1499, to a 1.101 for uals' or orgei(zations shall.be ATTEST: '- : the northwest comet of this . subject to end'Nr accordance LESSOR: tract; , with' the spirit 'arid- ter na"of CITY OF CORPUS CHRISTI THENCE in an easterly di- contract ane shall be tinder ;Armando Cliape, 1 rection, with a line 2.60 feet C. the direct)on'and supervision 'City Secretary (more or less) north of and 4, of the Lei8ee. The-Lessee . ' By parallel, to the northerly Bi shall not enter into any writ- Craig A. McDowell: boundary line of said Lot 4, a Cl 44 ten di ntrect or agreement, AP VED: 2311 ,DAVa0f .stento t 104.00 feet more 7' including any eonceasion, APPROVED: 23rd DAY OF or lase, to a point on the 84 contract of agreement, or op- December; 1968 ` aforerrfentioned westerly 6. eration arrangement, for a HAL GEORGE, right-of-way line of North Ti period exdeeding more than CITY ATTORNEY Chaparral Street for the north- 8) ninety 1901 consecutive days, By /0/ RW:Coffn east comer of this tract; lf regarding the operation or use.. Ae,4lst9nt City Attorney THENCE in a southerly di- Fc of the Leaned Premises with- ATTEST:'; rection along said westedy Lu out the prior written consent LESSEE• right-of-way line of North C• f the City Manager or City CZECH HERITAGE SOCIETY Chaparral Street, at 2.6 feet Council, which consent will f OF SOUTH TEXAS (more or less) pass the north- not be unreasonably, withhatd. By •-•...41"east corner of aforementioned Inrthe orditrery course of pro. Secretary` '` • Lot 4, al 52 Sleet (more or viding or authorizing by ... less) pass the northeast cor- F functions, programs and I President ner of aforementioned Lot 3, 1 events under and in actor- Describing a- 0.32 --acre a distance in all of 95.00 feet 7 dance with this contract, the tract of hind..Mae,d11 lase, more or less, for the POINT 7 Lessee may,, without the prior 0141 of Lots3, 4, 6. 9, and 10 . OFBEGINNING. C consent thereto of the City- Block' 61:Beach Addition.1 WA .P'ASSED BY THE CITY N Manager or City Council, enterunrecorded addition to t ', COUNCIL:Of THE CITY OF 01 into wnnen'-,dohtracts- end- CI ,Cdipus Chnsti, Nueces 'CORNUS',CHRISTI Cil JANU- 8 fpr eriiehtsi y ".rout'I�f(a?'ne-f 'C ' skae: `,-:�„ .A ARY,^,11,•I 19,87;-0(4-SECOND 2, lure,'4{th.Eych:shift ta'8iid ?`� Gll avG.;at erpointon READING. 'y:; *kis :, G °o¢teithente, liking, in: accort ;?hs weitidy,dgbc-ef-way-rater _''' , ler 4Aritte �C,li9pa; 3 delta with end'9ubje tt io the_df. 61hhl _ $tieat?iAy -ted CO ser Texas 7 tit bears nonhedyJ� contract , (lo g da d dghrdN9+.yr18rei� 11: The L • authodzee4107.50 feet more- br leas Lessee to collaterally aa3lgn,; -from the tetetaecdon between Mortgage, of Pledge by Cleed 0l d weaterly'dgmof-way line ' of: Trust: inotherwisiiiinhe of forth Chaparral Street, and .rights •andel hl5,, lease uMo'j?h31 1 rtherly'd ht-Of-way Imo the Corpus Christi Housirig._of^ruzgereld Street, 'for the Irrfprovement Corporation for . godtheast,Sorfier of thie tract; the sole purpose of securing a i THENin, a Westerly 4)- rehabilitation loan to restore rection, a-gna 7,50"10et, the premises leased hereby. (more -o ti's) north of, end,. Upoh the receipt of written Cerseert d' the northerly notice of such financing, tea- • .undarypne of Lot 2, Block Nsor agrees^to providesaid 41, Beach. Addttlon, at 'leasehold mortgage copies of 150,00 feat more or less, all notices'affotded Lessee Pass the common hourelary hereunder. _ -, line-ba"tween L1bl13 and 10, 12. The .t4rin -of this Bloat 61, Beach Addition, a Agreement shall be twenty distance ly all, of 167.00 feet, (20) years beginning . : 19 more or I'ss, to 4 point, the provided 53401 Lessee par- eouthwe ady cpmer of this forma the restoretion of the 1091 ; Jalulka'House at en estimated THENCE to a northerly dl- , COM to be submitted at the rection, with a lino 17.00 feet I time of approval of the archi- (more of less) west of and tact and provided that the parallel . td the common restoration shall be undertak- boundary bee between Lots 3 in and completed during, the. end 10, Block 61,`Bedch'Ad- first five ,(6) years, of:,thla• ditiop•.at 42.50 feet more or leased-term: •This reeae:ehall•'lese; does ilia northerlyene'of then terminate unless other- said Lot' 1'0, a dletence in ell wise extended in writing. of 48.00 feet mole or less, to Upon completion of the resto- a point, fora comer, ration, Lessee may send THENCE in an easterly di- lessor a written notice of rection, with a fine 6.50 feet completion; and if Lessor (more or less) north of and does not object in wnting Parallel 00 the northerly within sixty 1601 days to Les- boundary ane of said Lot 10. see's assertion of completion, at 17.00 feet more or less, this lease shall automatically pees the =common line ba- be continued for the remain- twe Beach A and9,aBla k der of such twenty (20) year 61,lance In 91) of 32.60 feet Ws- term. more or less, to a point, an ninee prior tLessee e may, the completion any interior comer of this tree; of the restoration end remora- THENCE in a northerly di- tion contemplated hereby, motion, with a line 15.60 feet terminate this Lease Agree- )more or less) east of and par- ment at its discretion upon allel to the aforementioned wntten notice to Lessor as common line between Lots 4 provided herein and Lessee ,and 9, a,distance of 3800 shall have no further oblige=' feet more or less, to a polot n•he.emde:i'L.- ,, .,- f01_e ESSter' ,- ---�_- Y C! Nothing contained In this pro- i0 vision of the Agreement shall -.E preclude the Issuance of a 'fi moving permit prior to the is- s to suance of a building permit es ; io set forth In this paragraph. AN is & cost of moving the Jalufka 11 4 House to the leased premises 1_ shall be borne by Lessee. — ` Restoration plans shall pro • - vide for energy conservation d I., and reasonable maintenance, 1 with materials and equipment 1 specifications being subject to S rthe reasonable approval 01. Lessor i furtherance of achieving these goals- e 4. Lessee must provide s and maintain, at its expense, n during the term of this lease, _ a Comprehensive General Lia"II bility. policy to Include t Contractural Liability and - Premises/ Operations en -7 Ndorsements to cover losses. and damages from activities, pursuant to this lease. (Mini-, G mum limits of coverage will' • be $100,000 per person for, injury and death, $300,00D per occurrence and 550,0001 for property damage). The 8 City of Corpus Christi shall be — named as additional insured x the policy As evidence of FF she covere9es required herein! Lessee shall submit a Certifi- r cote of Insurance specifying I$ the coverages and limits re- • quired and persons as ';S Additional Insured. Thirty (30) days notice of cancellation, t e1 Intent not to renew and any t CII material change will be given a k to the City Manager, City of s. , Corous.-Chnati. 5. Lessee wlg-assume-re- sponsibility for all _ maintenance of the leased 1 property except as expressly stated herein. Maintenance in- k eludes among others, painting, roof repair and re- p placement, pipe repair and replacement, structual repair and replacement, security and maintain service. thg grounds and landscaping of the Leased Premises in good condition and attractive appearance, it being understood that the ex- terior landscaping shall be configured in such a manner so as to enhance the exterior ance of the Lessorashall provide sjan tonal services following any meet- ings which are, sponsored or allowed by Lessor, including emptying of trash receptacles and cleaning of floors, as nec- essary. Lessor shall provide water, sewer, and garbage re. moval services without cost. 6. Lessee shall use and op- erate the Jalufka House in 8 manner consistent with the use plan to be presented to the City and approved by the Landmark Commission The Lessor agrees, In consider- ation of Lessee's restoration of the herein described struc- ture, that Lessee shall have the right to establish and maintain its administrative of- fices within the structure and o provide meeting rooms for he activities of the Lessee or 09 of Its support groups. as specified in the use plan. see rees to main- ain theeprem ses open to the slope during regular office ours of the Lessee for a min - mum penod of at least four 4) hours per day for Eve (5) ayssout of o each week. Les- ee shall post a sign outside the tructure+ detailing the hours the same 45 open for public inspection. Lessee shall provide information to visitors concerning the history and - restoration of the premises Lessee shall also proivde spa. 1 hours for visiting parties groups on an appointment l9 p i e returnreturnreceipt requested, with i the United States Postal Ser- i 1vice 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 venting by the party changing such address: LESSOR: City of Corpus Christi" P.0 Box 9277 Corpus Christi, Texas 78469-9277 I. Attennon• City Manager LESSEE: Czech Heritbge Society of South Texas P.O. Box 7060 Corpus Christi, Texas 78415 Attention, Alvin J. Prochaska, President 10. Lessee shall not assign this lease or sublease the property hereunder without the prior wmten consent of Lessor. The Lessee shall have the right to authorize individu- als, groups of individuals, or organizations to use portions of the Lease Premises for a purpose or purposes fo which the Lessee is herein au- thorized to use the premises. All of said use by said individ- uals or organizations shall be 'subject to and in accordance with the spirit and terms of contract and shall be under the direction and supervision of the Lessee. The Lessee shall not enter into any writ- ten contract or agreement, including any concession, contract of agreement, or op- eration arrangement, for a period exceeding more than ninety (90) consecutive days, rate ate ease• 'remises with- out the prior written consent of the City Manager or City Council, which consent will not be unreasonably withheld In the ordinary course of pro- viding or authorizing functions, programs and events under and in accor- dance with this contract, the Lessee may, without the prior consent thereto of the City Manager or City Council, enter into writtenontracts end agreements of a routine na- ture, with such contracts and agreements being in accor- dance with and subject to the torms 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, Les- sor agrees to provide said leasehold mortgage copies of all notices afforded Lessee hereunder. -- — P"12•'"'"The term of the Agreement shall be twenty (20) years beginning ..Lessee, 19 er- formstheed thestoration of Phe a Jalufka House at an estimated cost to be submitted at the tl time of approval of the archi- tect and provided that the restoration shall be undertak- en and completed during the d first five (5) years of this leased term. This lease shall E then terminate unless other- 6 Wise extended in -writing, T Upon Upocompletion of the rest0- a ration, Lessee may send 0 Lessor a written notice of a completion; and If Lessor s does not object rn writing within sixty (60) days to Les- 9 sea's assertion of completion shall beiscontlesenued fora thenicretmailly, n - der of such twenty (20) year term. E and 10, Block 61, Beach Ad- ' dibon, at 42 50 feet more or less, pass the northerly line of said Lot 10, a distance in all of 48 00 feet more or less, to e point, for a corner, THENCE in an easterly di- rection, with a line 5.50 feet (more or less) north of and parallel to the northerly boundary line of said Lot 10, at 17.00 feet more or less. pass the common Ime be- tween Lots 4 and 9, Block 61, Beach Addition, a dm- a ranee In all of 32.50 feet mOre or less, to a point, an Cyi interior corner of this tract; THENCE in a northerly di- f( rection, with a fine 15 50 feet `i (Ihore or less) east of and par- n. allel to the aforementioned a• common line between Lots 4 P end 9. a distance of 36 00 4 feet more or less• to a point k for a corner; � THENCE in an easterly do - rection, with aline 8.50 feet t parallel to the northerly (more or less) south of and 41 P boundary fine of Lot 4, Block 61,' Beach Addison, a dis- CI ranee of 30.50 feet m r c leas. to a point for an ntenor corner of this tract; ar THENCE in a northerly di- bi rection, with a line 46.00 feet B (more or less) east of and par- allel to the common line In between aforementioned Lots Di 4 end 9, Block 61, Beach Ad- _ dition, at 8 50 feet (more or Pe less) pass the northerly Nbounda� distance Inne of all of said 11,00 Lot feet -T1 more or less, to a point for B I the northwest corner of this Bc{ tract; s Q THENLFnrmrtr 21 rection, with a line 2 50 feet B (more or less) north of and i parallel to the northerly boundary line of said Lot 4, a distance of 104.00 feet more or less, to a point on the aforementioned westerly nght-of-way line of North Chaparral Street for the north- east comer of this tract; THENCE in a southerly di- rection along said westerly right-of-way fine of North Chaparral Street, at 2.5 feet (more or less) pass the north- east comer of, aforementioned Lot 4, at 52.5 feet (more or less) pass the northeast cor- ner of aforementioned Lot 3, a distance In all of 95,00 feet more or less, .for the POINT OF BEGINNING. WAS PASSED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON DECEM- BER 30, 1986. -- /s/ Armando Chapa City Secretary Corpus Christi, Texas