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HomeMy WebLinkAbout20090 ORD - 12/01/1987AN ORDINANCE AUTHORIZING THE EXECUTION OF A 20 YEAR LEASE WITH TWO 20 YEAR OPTIONS FOR LOTS 1 AND 2, BLOCK 60, BEACH ADDITION, AT THE CORNER OF FITZGERALD AND MESQUITE STREETS, TO THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. year lease with two at the corner of International Seamen substantial copy of Exhibit A. 204HG006.ORD That the City Manager is hereby authorized 20 -year options for Lots 1 and 2, Block 60, Fitzgerald and Mesquite Streets, to the 's Center, Inc., all as more fully set forth which is attached hereto and made a part 20090 to execute a 20 Beach Addition, Corpus Christi in the lease, a hereof, marked THE STATE OF TEXAS } COUNTY OF NUECES } LEASE AGREEMENT WHEREAS, Corpus Christi International Seamen's Center, Inc., a nonprofit Texas corporation, hereinafter called "Lessee," and the City of Corpus Christi, Texas, hereinafter called "City," did enter into an agreement on June 12, 1986, contemplating construction of a Seamen's Center facility adjacent to the Bayfront Arts and Science Park, Lots 1 and 2, Block 60, Beach Addition to the City of Corpus Christi; and WHEREAS, the Seamen's Center is to be operated on a non-profit basis to provide a gathering place, recreational facilities, and human services for international seamen, and for various other public purposes; and WHEREAS, the City of Corpus Christi and the Seamen's Center now wish to directly enter into a lease agreement at this time; and WHEREAS, Lessee agrees to erect and construct a building and site improvements of approximately 5,500 square feet and binds itself to complete such improvements within 24 months from date of execution of this lease; and WHEREAS, Lessee agrees to the following four covenants and conditions and to all other conditions and covenants set forth in this Lease Agreement: A. The plans and specifications for the Seamen's Center building, site improvements and landscaping and any changes thereto must meet all City codes and ordinances and must be approved by the City prior to the construction thereof. B. The Seamen's Center shall have sole and full respon- sibility for preparing the plans, advertising for bids, super- vising construction and accepting the building and site improvements when completed. C. The cost of construction, landscaping and other site improvements shall be borne entirely by the Lessee. It is understood that the City does not assume and will not in any way be responsible for any of the financial obligations incurred or created by the Lessee in connection with the construction and erection of the building and site improvements or the operation of the Seamen's Center. Lessee agrees to save and hold the City harmless from any and all charges, claims or liability of any nature whatsoever as provided below. 01H15075.agm D. Any building, fixture or appurtenance placed on the leased premises by Lessee shall, except as provided elsewhere herein, become the property of City. I City does hereby lease, let, and demise to Lessee the following leased premises adjacent to the Bayfront Arts and Science Park: Lots 1 and 2, Block 60, Beach Addition, to the City of Corpus Christi, Nueces County, Texas, together with all improvements located thereon. II The term of this lease shall be for twenty (20) continuous years, beginning on on the date of execution by the City Manager after the effective date of the ordinance approving this Lease, subject to the provisions concerning termination as stated herein. Upon completion of construction, Lessee shall send a written notice to City informing City of completion; if City does not object in writing within sixty (60) days to Lessee's assertion of completion, this lease shall automati- cally be continued for the remainder of such twenty (20) year term. Lessee shall have an option for renewal of this lease for two (2) successive twenty (20) year terms upon the same terms and conditions specified herein. Lessee shall have the right to exercise these options as long as Lessee is in com- pliance with all terms and conditions of this lease as of the date said option is exercised. Notice of election to exercise said renewal options shall be given by written notice to the City not more than one hundred eighty (180) days nor less than ninety (90) days prior to the expiration of the original term hereof or the first renewal period. III It is understood that Lessee will be responsible for furnishing and equipping the building and that City has no obligation to furnish any equipment or furnishings for the Lessee. All personal property furnished by Lessee or donated by others in behalf of Lessee will remain the property of Lessee unless specifically donated to City. IV City will maintain the lawn and vegetation at its own expense. Lessee will maintain, at its sole expense, the exterior and interior of the building and any other improve- ments on the Leased Premises, all fixtures connected therewith, all personal property thereon, exterior walks and driveways, and all other areas which City has not agreed to maintain under this Agreement. Maintenance shall be of such quality as to maintain the Leased Premises in a first-class condition, consistent and in harmony with maintenance of improvements on 01H15075.agm properties leased by the City to other tenants in the Bayfront Arts and Science Park. Lessee shall not undertake construc- tion, remodeling or redecorating beyond normal maintenance without prior written consent of City. Lessee shall obtain, at its own expense, all utility services, garbage collection, janitorial services, and similar services. v Lessee's activities will have priority on use of the building; however, Lessee shall permit use of the building and facility by the City and civic and community groups on a reasonable time basis. Lessee shall have the right to charge rental fees for the use of the facility and in addition thereto, to charge actual unusual out-of-pocket costs incurred by Lessee through the use by others. Such rental fee and such additional operating costs shall be calculated and shown as Exhibit "A" which shall be attached hereto, and will be incor- porated and made a part of this agreement. It is agreed by and between City and Lessee that such Exhibit "A" will be reviewed by City and Lessee annually and such changes made as may be or become necessary based upon operating experience. Lessee may refuse the use of the facility to any person, firm, or corporation, for any event which is deemed to be unsuitable by virtue of the limitations of the design and outfitting of the facility or by virtue of failure to meet the moral standards of the community, but Lessee shall promptly report any such refusal to the City. Lessee agrees to keep and maintain, in a manner acceptable to the City's Director of Finance, adequate books and records showing all receipts and disbursements, which shall be avail- able for examination by the Director of Finance or his desig- nated representative at any time, and to provide City with an annual report including, but not limited to, a balance sheet and a complete statement of receipts and disbursements for the preceding year prepared by a certified public accountant. VI Lessee shall have the right to provide concession activi- ties, including food and beverages. Lessee shall prominently display a list of prices to be charged at each location where concession items are sold, and such prices shall not exceed prices charged for similar services under similar conditions elsewhere in the City. Lessee shall offer concession services to other users of the facility on the same basis and at the same prices as for Lessee. 01H15075.agm VII Lessee shall fully indemnify, save and hold harmless City, its officers, employees, and agents against any and all liabil- ity, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, premises defects, workers' compen- sation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this Agreement or Lessee's use, operation or occupancy of the Property or the Seamen's Center. Lessee shall at its own expense investigate all such claims and demands, attend to their settlement or other dispo- sition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. VIII Lessee agrees that it will promptly comply with and fulfill all ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to said property, and all ordinances or regulations imposed by the City for the correction, prevention and abatement of nuisances or code violations in or connected with said property during the term of this lease, at Lessee's sole expense and cost. IX Lessee shall not place, paint or otherwise affix any signs at, or on or about the property, or any part thereof, except where approved in writing by the City. The city shall have the right at any time to require Lessee to remove, paint or repair the signs allowed. Should Lessee not remove, paint or repair the said signs within thirty (30) days of demand therefor in writing, the City may fulfill its demands and charge the expense of same to Lessee. X No assent, express or implied, by the City to any breach of any of Lessee covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeed- ing breach of any covenant, agreement, condition or term hereof. 01H15075.agm XI City reserves the right to enter said premises at any reasonable time during the existence of this lease for the purpose of inspecting the same in order to determine whether the terms of said lease are being observed and carried out including but not limited to both exterior and interior mainte- nance. XII Lessee shall acquire and maintain the following insurance coverages during the term of the Lease: (a) liability insurance covering all activities to be conducted on the premises, with the city as an additional insured, noncancellable except upon thirty (30) days written notice to City, in such amount and with such terms and coverages as required by the City Manager; (b) workers' compensation insurance on all its employees as required by the City Manager; (c) property insurance in the amount of the full replacement value of all buildings and improve- ments, insuring against all risks as required by the City Manager, which shall be noncancellable except upon thirty (30) days written notice to City, shall name City as an additional insured, and shall contain such terms as required by the City Manager. In addition, Lessee shall require any contractor for construc- tion of any buildings or improvements under this Lease to carry insurance coverages throughout the construction period with terms and amounts as required by the City Manager. The amount and terms of coverages required in this paragraph shall be substantially similar to those required by the City for similar operations, and shall be re-evaluated on an annual basis. XIII Lessee shall not assign this Lease nor sublet the leased premises or any part thereof without the consent of the City in writing. XIV City may, at its option, in addition to any other remedy or right hereunder or by law, immediately terminate this Lease without notice except as provided herein, upon occurrence of any of the following conditions: 01H15075.agm (1) Failure to complete construction within twenty-four (24) months from the commencement date of this Lease, or upon City's written objec- tion to Lessee's assertion of completion of con- struction, failure to complete construction within an additional period designated by City of not less than thirty (30) nor more than sixty (60) days from the date of City's objection. (2) Failure to operate the Leased Premises as a full time Seamen's Center except during periods necessary for repairs or renovation approved by City in writing. (3) Failure to abate any nuisance specified in writing by the City within a reasonable time specified in writing by the City. (4) Lessee's assignment of this Lessee or sublet- ting of the Leased Premises, or attempted assign- ment or subletting, without written consent of City. (5) Dissolution of Lessee as a non-profit corpo- ration. (6) Failure to have in effect at all times policies of contractor's insurance, liability insurance, workers' compensation insurance and property insurance as required by the City's Director of Risk Management (or successor offi- cial). (7) Intentional, knowing or fraudulent failure to maintain strict and accurate books of account, or to furnish said books of account to City for inspection. (8) Abandonment of the premises. (9) Failure of Lessee, within thirty (30) days of written notice from City, to correct any breach in the performance or observance of any other covenant or condition of this lease. Upon termination of this lease as hereinabove provided, or pur- suant to statute, or by summary proceedings or otherwise, City may enter forthwith and resume possession either by summary proceedings, or by action at law or in equity or by force or otherwise, as City may determine, without being liable in trespass or for any damages. The foregoing rights and remedies given to City are, and shall be deemed to be, cumulative of any 01H15075.agm other rights of City under law, and the exercise of one shall not be deemed to be an election, and the failure of City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its right to exercise such right or remedy at any other or future time. XV Upon expiration of this Agreement, or upon termination thereof for any reason, all buildings, improvements and fix- tures on the Leased Premises shall become property of City. Provided, however, that should this Agreement be terminated prior to acceptance by City of completion of construction under paragraph II, said buildings, improvements and fixtures shall become property of City only at its option. If City should, in such event, decide to decline all or part of said property, it shall notify Lessee in writing within sixty (60) days of such termination, and Lessee shall remove all such declined property within sixty (60) days of its receipt of such notice. If Lessee shall fail to remove such property within that time period, City may remove and dispose of such property, and Lessee shall be liable to City for all expenses incurred thereby. XVI It is specifically agreed and understood that the parties intend and do hereby create a landlord/tenant relationship, and this agreement shall be construed conclusively in favor of that relationship. 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 partner- ship or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, shall be deemed to create any relationship between the parties herein other than that of Landlord and Tenant. XVII No changes or modifications to the lease shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. This Lease supersedes all previous agreements between the parties. XVIII Lessee agrees to pay the costs of newspaper publication of this Agreement and related ordinance as required by the City Charter. 01H15075.agm WITNESS THE HANDS of the duly authorized officers of the parties hereto, this day of . 1987. ATTEST: CITY OF CORPUS CHRISTI By By City Secretary City Manager APPROVED: day of , 1987: By City Attorney ATTEST: CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC. By By Secretary President v�_ k AUTNURIZEU BY COUNCIL SECRETAR 01H15075.agm �a71NONL�tl "...... That the foregoing ordinance was second reading on this the a'J following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez 04J That the foregoing ordinance was third reading on this the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez read for the first time and passed to its day of t c.tb4j..¢JL7 , 19 8'7 , by the Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong A42— AL-2- read read for t e second tim and passed to its day of� , 19 k7 , by the Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong That the foregoing ordi ante wa rea for thethird time and passed finally on this the i day of , 197 , by the following vote: Betty N. Turner David Berlanga, Leo Guerrero icnucc Sr. PASSED AND APPROVED, this the ATTEST: City Secretary 5:ROVED: DAY OF OGtatpc, , 19&7: HAL GEORGE, CITY ATTORNEY Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong day of MA 20090 OF CORPUS CHRISTI, TEXAS STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT �Ad#41420 ss: City of C C Before me, the undersigned, a Notary Public, this day personally came ;Deanne D Palmer ., who being first duly sworn, according to law, says that he is the __Senior..Accuunring._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 iNGfICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION OF A 20YEAR of which the annexed is a true copy, was published in __ CORPUS CHRISTI CALLER -TIMES _ _^ on the 1 day of _._November _.19_..4 and once each.... u _ thereafter for .one consecutive day one Times. 33.35 $ • Deanne D Palmer Subscribed and sworn to before me this..._.. 6 ; y of I9QY.entber 19.._81 lis, Nueces County, Tests Eugenia S Cortez 6.30.89 ^^1a�g 141516 j7,9 812O 'o. �v \cn 417c4' PUBLISHER'S AFFIDAVIT STATE OF TEXAS, In:}. Ad#69372 County of Nueces. f City of C C . Before me, the undersigned, a Notary Public this day personally came. _�eanne..Il.P.almet , 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 ?Imes, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECUTION OF A 20YEAR ORDINANCE ON tnneze NOTICE OF PASSAGE OF t'd is a true copy, was published In Corpus Christi Caller -Times SECOND READING .... AUTHORIZING THE EXECU- a of _NDYumher_. 18_.$x, and once each s17.y_.._._...__thereafter far..one ,TION OF A 20 YEAR LEASE y WITH TWO 20 YEAR OP- II TIONS FOR LOTS 1 AND 2, l y_ LOCK 60, BEACH ADEN- I ..Times. TION, 'AT THE CORNER OF FITZGERALD AND MESOUITE .. STREETS, TO THE CORPUS • CHRISTI INTERNATIONAL -__- D aiitle"�'Pa1tli8Y ""—'—"'-- SEAMEMS CENTER. INC. for the zonstruction of a Sea- 12th , dg pf November 87 men's Center facility which . scribed and sworn to before me this - _ 19.-- the lessee agrees to erect and 1 construct wrtea .2 o months Q^-r� from date of lease. Fr "" Was passed and approved �N_ lir, Nueces County, Te on second reeding by the City ary Council of the City of Corpus U en5.a Christi. Texas on the 3rd day of November,. 1987 and the full text of said ordinance is - text mthe public In the ICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECU- TION OF A 20 YEAR LEASE WITH TWO 20 YEAR OP- TIONS FOR LOTS 1 AND 2, BLOCK ;R0, BEACH :ADD], TION. AT•THE CORNEA OF FITZGERALD ANO MESQUITE STREETS. TO THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC. for Ma cond ruction of a' Sea - ;men's Center facility which the lessee agrees to erect and construct within 24 months from date Of lease. , 2728,z� Was passed and approved a?0 \ on first reading by the City v>, Council of ,the City of Corpus Chrisn, Test's on the 27th day ',kms \ 1 of October, 1987 and the full text of said ordinance is avail- i3 ' ` i able to the public to the Office O Co of the City Secretary. i , /s/ Armando Chapa City Secretary RON c� Corpus Christi, Texas V !� as �� 41 1 Et Z1 'C nnh pool • 655 PUBLISHER'S AFFIDAVIT State of Texas, 3 City of C C County of Nueces 3 ss: Ad # 74262 Before rne, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller- fikles, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oalt, Refugio, San Patricia, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE #20090 AUTHORIZING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 6 day of December 1987 , and each day there- after for one consecutive day(s) one Times na Koste Notary Public, -ces County, Texas My commission expires on 11.30.88 Senior Accounting Clerk w_ tp lefare me this 8 day of December, 1987 NOTICE o • - _ . ORDINANCE 020090 (AUTHORIZING THE EXECU- TION OFA 20 YEAR LEASE i WITH TWO 20 YEAR OP- ®, TIONS FOR LOTS 1 AND 2, ve,�(�� N . BLOCK 80, BEACH ADD(- 9 e'S'FLv� . o TION, AT THE CORNER OF •I ytA ,`b h.. , STREETS TAND E CORPUS K> VAX., o CHRISTI TO EN CORNUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC. for.. O the construction ,of 0 See-,, V4+ men's Center facility which l t L the leas? agrees to erect and Sb£,7,Y'•, -/ - - construct within 24 months ;1,'.::„.1:from date of lease. roved - Was passed and app 1 on third reeding by City 1 Council of the City of Corpus - ,, Christi, Texas on the 1st day 1 of December, 1987 and the , full text of said ordinance Is avedable to the poblic o the f Office of the City Sacretery. ! /a/ ArmandoCity Chaps ary i Corpus Christi, Texas!, r' t .�