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HomeMy WebLinkAbout021390 ORD - 05/12/1992AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH CZECH HERITAGE SOCIETY OF SOUTH TEXAS, FOR THE UTILIZATION OF THE JALUFKA HOUSE LOCATED AT 1513 N. CHAPARRAL, LOTS 3,4,5,9, and 10, BLOCK 61, BEACH PORTION; RESCINDING ALL PRIOR LEASES; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager is hereby authorized to execute a lease agreement between the City and Czech Heritage Society of South Texas, for the utilization of The Jalufka House located at 1513 N. Chaparral, Lots 3,4,5,9, and 10, Block 61, Beach Portion, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes. SECTION 2. All prior leases for the Jalufka House are hereby rescinded by this lease once it becomes effective. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AG5000.062.kp 021390 LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City of Corpus Christi, Texas ("City") is the owner of real property known as the Jalufka House, located at 1513 N. Chaparral, Beach Addition, Block 61, Lot three (3), four (4), five (5), nine (9), and ten (10), City of Corpus Christi, Nueces County, Texas together with all improvements thereon ("Property"); and WHEREAS, The Czech Heritage Society of South Texas, ("Lessee") desires to lease the Property, rehabilitate the existing improvements, and/or construct new improvements. In consideration of the foregoing and the mutual promises herein contained, the City and Lessee agree as follows: 1. Use. The City does hereby lease, let, and demise to Lessee the Property, together with all improvements located thereon. Lessee agrees to operate the Jalufka House in a manner consistent with the use plan presented to the City and approval by the Landmark Commission on the Property. Any other uses of the property by Lessee shall be prohibited without prior written approval of the City Manager or his designee. Lessee shall have the right to establish and maintain its administrative offices within the structure and to provide meeting rooms for the activities of Lessee or any of its support groups as specified in the use plan. 2. Construction or Rehabilitation. Lessee shall have the right, but shall not be obligated, to rehabilitate existing or to construct additional improvements on the Property, subject to approval by the Landmark Commission and City Council. The plans and specifications for the rehabilitation and/or new construction of improvements, site improvements, parking, irrigation system and landscaping and any changes thereto must be approved by the City prior to the start of construction thereof, and shall be consistent aesthetically and in quality of construction with other properties in the Bayfront Arts and Sciences Park and be in conformance with all City codes. Lessee shall consult with and obtain approval of all irrigation system, landscaping and site improvements from the Director of Parks and Recreation. Local vendors and contractors shall be utilized for all new construction to the greatest extent possible. The Lessee shall have sole and full responsibility for preparing the plans, advertising for bids, supervising construction and accepting the improvements when completed. The cost of construction, rehabilitation, landscaping, irrigation 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 of the improvements. Lessee agrees to save and hold the City harmless from any and all charges, claims or liability of any nature whatsoever as provided below. 3. Terms and Hours of Operations. The term of this Lease Agreement shall begin sixty (60) days after execution of this Lease Agreement and continue for ten (10) years with a ten year option to renew on the same terms and conditions as set out herein, subject to the provisions concerning termination as stated herein. Within ninety (90) days from the effective date of this Lease Agreement, Lessee shall be open to the public during regular office hours of the Lessee for a minimum period of at least four (4) hours per day for five (5) days out of each week. Lessee shall provide information to visitors concerning the history and restoration of the premises. Lessee shall also provide special tours for visiting parties or groups on an appointment basis. Premises shall also be available to the City for regularly scheduled tours as determined by the Park and Recreation Department. The Property shall be open to the public during weekdays excluding holidays. Lessee shall provide Lessor with keys to the property and a current list of names and phone numbers for use by the Lessor in case of emergency. AG2730.016.kp a) Lessee further agrees to maintain at least one room open and available for use as a meeting room for private nonprofit organizations, which meetings shall be conducted at mutually agreeable times during the regular business hours of Lessee. Lessor, likewise, shall be permitted the use of a portion or portions of the premises not occupied by Lessee's administrative offices for meetings and other agreeable uses at times and on dates which may from time to time, be mutually agreed to by the parties to this agreement. At all times during which the Lessor shall have access to and the use of the premises, it shall be responsible for all security expense representative of its use or sponsored use of the structure. b) Lessee agrees to maintain one furnished room, open to the public during the agreed upon hours, that has been restored to reflect the time period when the home was originally constructed. 2 4. Rent. The rental for the Property will be at the rate of $270 per month payable on or before the 5th of each month during the entire term of the Lease Agreement. The rent will be put into the Heritage Park Tenant Contributions revenue fund, which fund shall be used for maintenance of these houses. 5. Furnishing Building. 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 or on behalf of Lessee will remain the property of Lessee unless specifically donated to City. 6. Maintenance. The City will maintain the lawn and vegetation and the exterior and structural components of the building at its own expense subject to annual budget allocation. Building maintenance will include exterior painting, roof repair, porches and termite treatment, steps, exterior doors and windows weatherproofing. Interior improvements, painting and maintenance of plumbing, wiring, heating, air conditioning etc. will be at Lessee expense. Lessee will maintain, at its sole expense, the interior of the building and any other improvements on the Property, all fixtures connected therewith, all personal property thereon and all other areas which the City has not agreed to maintain under this Lease Agreement. Maintenance shall be of such quality as to maintain the Property in a first-class condition, consistent and in harmony with maintenance of improvements on properties leased by the City to other tenants in the Bayfront Arts and Science Park. Lessee shall not undertake exterior construction, remodeling, redecorating, or signage beyond normal maintenance without prior written consent of the Landmark Commission and the City. No major interior construction shall be undertaken without prior written consent of the City. Lessee shall obtain, at its own expense, all building permits. 7. Indemnity. Lessee shall fully indemnify, save and hold harmless the City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, premises defects, workers' compensation 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 by Lessee of its obligations under this Lease Agreement or Lessee's use, operation or occupancy of the Property. Lessee shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, 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. 8. Compliance with Laws. Lessee agrees that in the operation of the Property it will promptly comply with and fulfill all ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to the property, and all AG2730.016.kp Y 3 it will promptly comply with and fulfill all ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to the 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 the Property during the term of this Lease Agreement, at Lessee's sole expense and cost. 9. Signage. Lessee shall not place, paint or otherwise affix any signs at, or on or about the Property, or any part thereof, without prior written consent of City Manager. 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. Payment for such work shall be made within thirty (30) days of receipt of said bill. This paragraph does not apply to temporary signs, in conformity with city codes, on the Property for two weeks or less. 10. Right to Enter and Inspect. The City reserves the right to enter the Property at any reasonable time during business hours during the existence of this Lease Agreement, after reasonable notice to Lessee, for the purpose of inspecting the same in order to determine whether the terms of this Lease Agreement are being observed and carried out, including but not limited to, both exterior and interior maintenance. 11. Insurance. a). Lessee shall acquire and maintain the following insurance coverage during the term of this Lease Agreement: (i) liability insurance covering all activities to be conducted on the Property, with the city as an additional insured, noncancellable except upon thirty (30) days written notice to the City, in such amount and with such terms and coverage as required by the City Manager, or his designee, and such insurance amounts shall be reviewed annually and may be revised if necessary; and (ii) workers' compensation insurance on all its employees as required by state and federal law. b) Lessee may carry personal property insurance in the amount of the full replacement value of all furnishings, fixtures, and improvements, insuring against all risks as required by the City Manager, or his designee, and shall contain such terms as required by the City Manager, or his designee, and such insurance amounts shall be reviewed annually and may be revised if necessary. AG2730.016.kp 4 c) In addition, Lessee shall require any contractor for construction or rehabilitation of any buildings or improvements under this Lease Agreement to carry insurance coverage throughout the construction period with terms and amounts as required by the City Manager. The amount and terms of coverage 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. d) Lessee shall provide City with certificates of insurance reflecting all the above coverage, and shall, upon request by City, promptly provide City with copies of all such insurance policies. None of the above referenced policies may be canceled, not renewed or materially changed without thirty (30) days prior written notice to the Director of Parks and Recreation. All of the above referenced policies shall name City as additional insured. 12. Subletting or Assignment. Lessee shall not assign this Lease Agreement nor sublet the Property or any part thereof without the prior written consent of the City Manager. The Lessee shall have the right to authorize individuals, groups of individuals, or organizations to use portions of the Property for a purpose or purposes for which the Lessee is herein authorized to use the Property. All of said use by said individuals or organizations shall be subject to and in accordance with the spirit and terms of this Agreement and shall be under the direction and supervision of the Lessee. The Lessee shall not enter into any agreement or written contract, or operation arrangement, for a period exceeding more than ninety (90) consecutive days, regarding the operation or use of the Property without the prior written consent of the City Manager or City Council, which consent will not be reasonably withheld. In the ordinary course of providing or authorizing functions, programs and events under and in accordance with this Lease Agreement for periods of less than ninety (90) consecutive days, the Lessee may, without the prior written 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 Lease Agreement. 13. Defaults. Upon thirty days prior written notice to Lessee, the City may, at its option, in addition to any other remedy or right hereunder or by law, terminate this Lease Agreement upon occurrence of any of the following conditions ("Defaults" ), provided that Lessee has not cured the Default prior to termination: (1) Failure to operate the Property for the purposes set forth in Paragraph I except during periods necessary for repairs or renovation approved by the City in writing or except as otherwise contemplated by this Lease Agreement. (2) Failure to abate any nuisance specified in writing by the City within a reasonable time specified in writing by the City. (3) Lessee's assignment of this Lease Agreement or subletting of the Property, or attempted assignment or subletting, without prior written consent of City. (4) Failure to have in effect policies of contractor's insurance, liability insurance, AG2730.016.kp 5 (5) (6) (7) and/or workers' compensation insurance as required by the City's Director of Risk Management (or successor official). Failure to pay maintenance payments when due. Abandonment of the Property. Failure of Lessee to correct any other breach in the performance or observance of any other covenant or condition of this Lease Agreement. Upon termination of this Lease Agreement as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, the 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 the City may determine, without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and shall be deemed to be, cumulative of any other rights of the City under law, and the exercise of one shall not be deemed to be an election, and the failure of the 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. 14. Termination. Lessee shall have the right to terminate this Lease Agreement by giving the City ninety (90) days prior written notice of the date of termination, in which case all obligations on the part of Lessee shall also terminate as of the date of termination, so long as the Property is returned in same or better condition as upon October 1, 1991, normal wear and tear excepted. If the Property is not in such condition, Lessee shall repair the Property to such condition within sixty (60) days after their termination of this Lease. 15. Property of City. Upon expiration of this Lease Agreement, or upon termination thereof for any reason, all buildings, improvements and fixtures placed on the Property by Lessee shall become property of the City. 16. Landlord/Tenant. It is specifically agreed and understood that the parties intend and do hereby create a landlord/tenant relationship, and this Lease 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 partnership 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. 17. Amendments. No changes or modifications to this Lease Agreement 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 Agreement supersedes all previous AG2730.016.kp 6 agreements between the parties. 18. General Provisions. A. Invalidity. If any clause or provision of this Lease Agreement is illegal, invalid or unenforceable under present or future law effective during the term of this Lease Agreement, then and in that event, the remainder of this Lease Agreement shall not be affected thereby, and in lieu of each such clause or provision, shall be added automatically as part of this lease, a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. B. Publication. Lessee agrees to pay the costs of newspaper publication of this Lease Agreement and related ordinance as required by the City Charter. C. Terms. This Lease Agreement is made and accepted subject to all ad valorem taxes that may be levied and assessed on the Property and/or its improvements, furnishings and contents during the term of this Lease Agreement, the payment of which is hereby assumed by Lessee. D. Utilities. Lessee shall provide, at its own expense, janitorial electrical, phone and security services, and similar services during the lease period. Lessor shall provide water, wastewater and solid waste services and payment of such is to be considered as part of the monthly maintenance payment made by Lessee E. No Waiver. No assent, express or implied, by the City to any breach of any of Lessee's covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreement, condition or term hereof. F. Notices: 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: AG2730.016.kp LESSOR: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Attention: City Manager LESSEE: Czech Heritage Society of South Texas 1513 N. Chaparral Corpus Christi, Texas 78401 7 G. Lessee's Acknowledgment. By Lessee's execution hereof, Lessee acknowledges that Lessee has read this Lease Agreement and understands that this Lease Agreement is not binding on the City until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. H. Nondiscrimination. Lessee will not on the grounds of handicap, sex, race, color, or national original, discriminate or permit discrimination against any person or groups of persons in any manner. City hereby reserves the right to take such action as the United States Government may direct to enforce this covenant. I. No Debts. Lessee will incur no debts or obligations on the credit of the City of Corpus Christi. WITNESS THE HANDS of the duly authorized officers of the parties hereto, this day of , 1991. Al LEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Juan Garza, City Manager Approved as to form the day of ec he / , 1991. James R. Bray Jr., City Attorney By:. N i. :I0k‘c:wc Assistant City Attorney ' AG2730.016.kp /wi/7tafe-e� The Czech Heritage Society of South Texas 8 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 1991, by Juan Garza, City Manager of the City Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This i trument cknowledged before me on the 's day of �9U2 e%J 1991, by ic l ,ti'-/.rc (name), c_7,72,L/,5, (title) of e Czech eritage Society of South Texas, on behalf of said corporation. AG2730.016.kp 9 he foregoing ordinance was read for the first time and passed to its second reading on this ti: "1 day off pv. ( , 19 (R2._ , by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria That the .fgregoing ordi this the /4 day of Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria That the foregoing day of �A((((QQ(( ce was read •Ltpn Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik for the) second time and passed to its third reading on , 19 '-1 by the following vote: ordinance w ,19 Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik read for the third time and , by the following vote: Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik PASSED AND APPROVED, this the /c- day of az y passed finally ons this the io)— OR THE CITY OF CORPUS CHRISTI APPROVED9 DAY OF `4j , 19`4 : JAMES R. BRAY, JR., CITY ATTORNEY 044 Assistant City Attorney 021390 State of Texas, } County of Nueces } ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad #64020 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary of the Corpus Christi Caller -Times, 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 Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSSAGE OF ORDINANCE NO. 21390 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE CZECH HERITAGE SOCIETY which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 17th day of May, 1992. One Time(s) $40.60 Business Offiets Secreta Subscribed and sworn to before me this 12th June, 1992. Moroi UauyeaS Notary Public, Nueces County, Texas My commission expires on 4-24-93 . DEEP r'L . NOTJJCLCP PASAGE OF OROIMIANWCI. -21990 AUTH Jf EXECU- TION OFA AGREE- MENT WI THE CZECH HERITAGE 'SOCIETY OF SOUTH TEXAS, FOR THE day Of UTILIZATION OF THE JALUF- KA HOUSE LOCATED AT 1513 N. CHAPARRAL, LOTS 3,4,5,9, AND 10, BLOCK 91, BEACH PORTION; RESCIND- ING ALL PRIOR LEASES; AND PROVIDING FOR PUBLICA- TION; term of the base aWee- mant shall be for ten years and be � law tie wiu par sew - A oipy ditls_s aiMe in Ma CMF GeiraiMi area. andThe ordain" approved an� by the City Calacitatthe of Corpus Christi, Texas 3{i' the 12th day of May, 1992? /s/ Armando Crr��, her��ia rn' Ott at Cit r ai:' PUBLISHER'S AFFIDAVIT State of Texas, ) CITY OF CORPUS CHRISTI County of Nueces ) ss: Ad #9033 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary of the Corpus Christi Caller -Times, 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 Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE CZECH HERITAGE SOCIETY OF SOUTH TEXAS which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 12th day of April, 1992. One Time(s) $ 44.95 ,7) :X Business Offic Secreta Subscribed and sworn to before me this 24th day of April , 1992. Notary Public, Nueces County, Texas My commission expires on 4-24-93 . MICE MENAGE OF ORPINAMCE ON LNG AUTHORIZING THE EXECU- TION OF A LEASE AGREEMENT WITH THE CZECH HERITAGE SOCIETY OF SOUTH TEXAS, FOR THE UTILIZATION OF THE JALUF- KA HOUSE LOCATED AT 167 N. CHAPARRAL, LOTS ARA 10. BLOCK 61, FQITION• RESCIND - 1 ALL POEM LEASES; AND PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces ) ss: CITY OF CORPUS CHRISTI Ad #71929 PO # Before me, the undersigned, a Notary Public, this day personally came Anna Steindorf, who being first duly sworn, according to law, says that she is a Business Office Secretary of the Corpus Christi Caller -Times, 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 Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE CZECH HERITAGE SOCIETY OF SOUTH TEXAS which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 19th day of April 1992. One Time(s) $ 43.50 7. /I Business Office Subscribed and sworn to before me this 12th day April , 1992. Cr .��� i_.� .� �� � �'(t�A; a '�L, Notary Public, Nueces County, Texas My commission expires on 4-24-93 . ..mine of SECOND RFA fl UTHORIZINS Tfesoak ION OF A MAIN ACME - ENT WITH TIE CZEG$ RITAGE SOCIETY OF TH TEXAS, FOR THE v LIZATION OF THE JALUF A HOUSE LOCATED A 513 N. CHAPARRAL, LOT 4,5,8. AND 10, BLOCK 61 EACH PORTION; RESCI ALL PRIOR LEASES; A ROVIDING FOR PUSLICA ION; term of the lease t shell be for ten yews rent for the property will 5270 per month. A copy of the lease is on file in the City Secretary's Office. Theordinance was passed and approved on second r by the City Council of the City of Cosy, Christi, Texas gip 1M hell, day of April, t#2. /s Ames Chaps Olw Sesretery city of Caps owlet •