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 .�