HomeMy WebLinkAbout021896 ORD - 03/15/1994AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A TWENTY-YEAR LEASE AGREEMENT WITH THE MUSEUM OF
ORIENTAL CULTURES, FOR USE OF THE ILA BUILDING; AND
PROVIDING FOR PUBLICATION.
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 twenty-year
lease agreement with the Museum of Oriental Cultures for use of the ILA Building, located
at Corpus Christi, Texas, Beach Addition, Block 69, fractional lots 7, 8, and 9, and full lots
10, 11, and 12, all as more fully set forth in the Lease Agreement, a substantial copy of
which is attached hereto, marked Exhibit A.
SECTION 2. 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.
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MUSEUM OF ORIENTAL CULTURES
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 ILA Building, located at Corpus
Christi, Texas, Beach Addition, Block 69, fractional lots 7, 8, and
9, and full lots 10, 11, and 12, together with all improvements
thereon ("Property"); and
WHEREAS, the Museum of Oriental Cultures, a Texas non-profit
corporation ("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, City and Lessee agree as follows:
1. Use. City does hereby lease, let, and demise to Lessee
the Property, together with all improvements located thereon.
Lessee shall operate the Improvements and the Property exclusively
for the following purposes, and uses incidental thereto:
advancement of knowledge, appreciation and enjoyment of oriental
cultures including but not limited to programs, exhibits,
performances, promotions, classes, training, and education in
oriental cultures. Such activities shall be conducted on a
regular, continuous basis, and facilities constructed on the
Property shall be operated during regular, reasonable business
hours with the understanding that the City wishes to have as much
activity in the area as possible throughout the week including
weekends.
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The cost of construction, rehabilitation, landscaping,
irrigation and other site improvements shall be borne
Lessee.
any way
incurred
It is understood that
be responsible for
or created by Lessee
of the improvements.
entirely by
City does not assume and will not in
any of the
financial obligations
in connection with the construction
Lessee agrees to save
and hold City harmless
from any and all charges, claims or liability of
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 twenty (20) years, subject to the
any nature
provisions concerning termination as stated herein.
Within 18
months from the effective date of this Lease Agreement, Lessee
shall be open to the public during regular office hours of Lessee
for a minimum period of at least four (4) hours per day for five
(5) days out of each week. Lessee shall post a sign outside the
structure detailing the hours the same is open for public
inspection.
Lessee's activities will have priority on use of the ILA
Building; however, Lessee shall permit use of the Property by City
and civic and community groups on a reasonable time basis, if such
use will not interfere with previously scheduled activities of
Lessee. Lessee shall have the right to charge rental fees for the
use of the Property and in addition thereto, to charge actual out-
of-pocket costs incurred by Lessee through the use by others. Such
rental fee and such additional operating costs shall be calculated
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as shown on Exhibit "I" attached hereto, and made a part hereof for
all purposes. Exhibit "I" will be reviewed by City and Lessee
annually to make any reasonable changes agreed to by City and
Lessee. The City Manager is hereby authorized to make said agreed
upon changes to Exhibit "I" and attach any new Exhibit "I" to this
Lease.
Lessee may refuse the use of the Property 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
Property or by virtue of failure to meet the moral standards of the
community, but Lessee shall promptly report any such refusals made
on this basis to City.
4. Rent. Lessee will provide advancement of knowledge,
appreciation, and enjoyment of oriental cultures by providing
programs, exhibits, performances, and education in oriental
cultures on an on-going basis; will rehabilitate the ILA building
and/or construct new improvements on the Property; will provide
interior and exterior maintenance to the ILA Building and any new
improvements; and will provide grounds maintenance for the Property
in lieu of making monthly rental payments.
5. Furnishing Building. It is understood that Lessee will
be responsible for furnishing and equipping the ILA Building and
that City has no obligation to furnish any equipment or furnishings
for Lessee. All personal property furnished by or on behalf of
Lessee will remain the property of Lessee unless specifically
donated to City.
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6. Maintenance.
vegetation of the Property
or extensive landscaping.
expense, any improvements
therewith,
driveways,
Lessee will maintain the lawn and
at its own expense, including any garden
Lessee will maintain, at its sole
on the Property, all fixtures connected
all personal property thereon, exterior walks and
and all other areas which City has not agreed to
maintain under this Lease Agreement.
quality as to maintain the Property
consistent and in harmony with the
improvements on properties leased by
Bayfront Arts and Science Park.
Maintenance shall be of such
in a first-class condition,
standard of maintenance
of
City to other tenants in the
Lessee shall not undertake
exterior construction, remodeling, redecorating, or signage beyond
normal maintenance without prior written consent of the City
Manager. No major interior construction shall be undertaken
without prior written consent of the City Manager. Lessee shall
obtain, at its own expense, all building permits.
7. Indemnity. Lessee shall fully indemnify, save and hold
harmless 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.
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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 ordinances or regulations imposed by 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. City
Manager 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, 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
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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
coverages during the term of this Lease Agreement:
(i) liability insurance covering all activities to be
conducted on the Property;
(ii) property insurance in the amount of the full
replacement value of all building or improvements
on the Property;
(iii) personal property insurance in the amount of the
full replacement value of all furnishings
(excluding artwork), fixtures and improvements; and
(iv) workers compensation insurance on all its employees
which complies with state and federal law.
All policies cannot be cancelled, not renewed, or changed
without thirty (30) days prior written notice to the Director of
Park & Recreation. The City Manager shall review all such
insurance amounts and coverages annually and may increase the
coverages at that time.
b) In addition, Lessee shall require any contractor for
construction or rehabilitation of any buildings or improvements
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under this Lease Agreement 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 City
for similar operations, and shall be re-evaluated on an annual
basis.
c) Lessee shall provide Director of Parks & Recreation with
certificates of insurance reflecting all the above coverages, and
shall, upon request by the City Manager, promptly provide the City
Attorney with copies of all such insurance policies.
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. The consent of the City
shall not be unreasonably withheld. This restriction does not
include renting all or part of the Property for a period of less
than one (1) week.
13. Defaults. Upon thirty days prior written notice to
Lessee, 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 1 except during periods necessary for
repairs or renovation approved by the City Manager in
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writing or except as otherwise contemplated by this Lease
Agreement.
(2) Failure to abate any nuisance specified in writing by the
City Manager within a reasonable time specified in
writing by the City Manager.
Lessee's assignment of this Lease Agreement or attempted
assignment or subletting, without prior written consent
of City.
(4) Failure to have in effect policies of contractor's
insurance, liability insurance, and/or workers'
compensation insurance as required by City Manager.
(5) Failure to pay any taxes prior to the due date.
(6) Abandonment of the Property.
(7) Failure of Lessee to correct any other breach in the
performance or observance of any other covenant or
condition of this Lease Agreement.
(8) Failure to pay payroll taxes, medicare taxes, FICA taxes,
unemployment taxes, and all other related taxes in
accordance with Circular E Employer's Tax Guide,
Publication E, as it may be amended.
Upon termination of this Lease Agreement as hereinabove
provided, or pursuant 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
(3)
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given to City are, and shall be deemed to be, cumulative of any
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.
No assent, express or implied, by 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.
14. Termination. Lessee shall have the right to terminate
this Lease Agreement by giving 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 the effective date of the Lease, 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 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 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
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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
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.
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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, furnishing and contents
during the term of this Lease Agreement, the payment of which is
hereby assumed by Lessee.
D. Utilities. Lessee shall obtain, at its own expense
all utility services, garbage collection, janitorial services,
security services, and similar services during the Lease period.
E. No Waiver. No assent, express or implied, by 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. 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.
G. Nondiscrimination. Lessee will not on the grounds
of handicap, sex, race, color, or national origin, 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.
H. No Debts. Lessee will incur no debts or obligations
on the credit of the City of Corpus Christi.
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12
I. Notices. All notices required or allowed under the
Lease shall be:
1. hand -delivered;
2. mailed by certified mail;
3. faxes; or
4. sent by overnight mail.
If hand -delivered or faxed, the notice shall be deemed
received on the day delivered or faxed.
overnight mail, the notice shall be
business day after it was sent.
bycertified mail, the notice shall be
business day after it was mailed.
If to City:
Director of Parks and Recreation
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
If the notice is sent
deemed received on the next
If the notice is mailed
deemed received on the third
Notice shall be sent as follows:
If to Lessee:
Museum of Oriental Cultures
418 Peoples Street
Suite 200
Corpus Christi, Texas 78401
J. Concession Rights. Lessee shall have the right to
provide concession activities, including food and beverages. City
shall have the right to approve all prices charged, which approval
is delegated to the City Manager. Lessee must notify City of
proposed price changes sixty (60) days prior to the proposed
change. The price change shall be immediately effective upon
approval of the City Manager. 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.
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13
Lessee shall offer concession services to other users of the
Property on the same basis and at the same prices as for Lessee.
WITNESS THE HANDS of the duly authorized officers of the
parties hereto, this day of , 1994.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Juan Garza
City Secretary City Manager
APPROVED AS TO FORM THIS
MUSEUM OF ORIENTAL CULTURES, LESSEE
By:
Name:
Title:
DAY OF , 1994.
JAMES R. BRAY, JR., CITY ATTORNEY
By:
Alison Gallaway
Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
§
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of
, 1994, by Juan Garza, City Manager of
the City of Corpus Christi, a Texas municipal corporation, on
behalf of said corporation.
A:AG2730.017.skp
Notary Public, State of Texas
14
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of
, 1994 , by
(name), (title) of the Museum of
Oriental Cultures, a Texas non-profit corporation, on behalf of
said corporation.
A:AG2730.017.skp
Notary Public, State of Texas
15
That the foregoing ordinance was read
to its second reading on this the f
19 tic , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
That the foregoing ordinance is
passe�'ifinally on this the
19 "ly-, by the following vote:
Dr. Jack Best /n��ir.i/ ,L
Melody Cooper O.kn2kAi
Cezar Galindo CLket
Betty Jean Longoria 661 --
Mary Rhodes
for the fir,�t time and passed
day of F2ICWINA
Edward A. Martin vWYL
Dr. David McNichols ClA9l,
David Noyola Q.v,t.)
Clif Moss
read for
day of
at -
the second time and
Van 11
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
PASSEq AND APPROVED, this the l) day of n/0vr
19 Lt
City Secretary
APPROVED: 13 DAY OF
CUnt A.l t
flat -
v - r-
J
JAMES R. BRAY, JR., CITY ATTORNEY
Assistant Ci
A:AG50000.459.skp
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y Attorney
u i89F
, 1999 -
1
OF CORPUS CHRISTI
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
AD# 35854
PO/
Before me, the undersigned, a Notary Public, this day personally
came Beverly Bennett, who being first duly sworn, according to
law, says that she is Business Office Secretary of the Cornus
Christi Caller -Times, a daily newspaper published at Cornus
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 CITY MANAGER OR HIS DESIGNEE TO EXECUTE A TWENTY YEAR LEASE
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 13th day(s) of February, 1994.
One Time(s)
570.40
Business Off a Secretary
Subscribed and sworn to before me this 7th day
of March, 1994.
Notary Public, Nueces County, Texas +.• plY PR • lP
O: sl%•
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14
G18j81y FiDnirry 114 (a9r17uet3llllliiR_
•
NOTK>E OF PAEBAAI OF Olt-
DINANCE ON FFIRRSST READING- , a
AUTHORIZING THE CITY .,
MANAGER OR HIS DESIGNEE
TO EXECUTE A TWENTY
YEAR LEASE AGREEMENT
WITH THE MUSEUM OF ORI-
ENTAL CULTURES FOR USE
THE ILA PROVIDING FOR�PURUCAA-- ,i;
TION. THE TERM 15 20 ;�
YEARS FOR USE OF THE IN-,,,
TERNATIONAI i fNCSHORE-
MAN'S ASSOCIATION OLA)
BUILDING FOR ADVANCE- „r
MENT OR KNOWLEDGE, ,,-
APPRECIATION, AND EN-
JOYMENT OF ORIENTAL
CULTURES THROUGH PRO-
VIDING PROGRAMS,
EXHIBITS, PERFORMANCES,
AND EDUCATION IN ORIEN-
TAL CULTURES ON AN
ON-GOING BASIS; REHABILI-
TATION OF THE ILA
BUILDING AND/OR CON-
STRUCT NEW IMPROVE- .'
MENTS ON THE PROPERTY; „
PROVIDE INTERIOR AND EX-
TERIOR MAINTENANCE TO
THE ILA BUILDING AND ANY bi ,:
NEW IMPROVEMENTS; AND ... ,
PROVIDE GROUNDS MAINTE-
NANCE FOR THE PROPERTY :,,,
IN UEU OF MAKING MONTH- o,
LY RENTAL PAYMENTS.
The ordlnancs was passed
and approved on first .'
reading by the City Coondl of IL::
the City of COINS Christi an n.
the Sth ds of February, 19B4;,-
dilAwls Ply ly of
Clty of Carpi. CRtfatha,,
PUBLISHER'S AFFIDAVIT
State of Texas,
County of Nueces } ss:
CITY OF CORPUS CHRISTI
AD# 65203
PO#
Before me, the undersigned, a Notary Public, this day personally
came Phyllis Smith, who being first duly sworn, according to
law, says that she is 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 NO. 021896 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE A TWENTY-YEAR LEASE which the annexed is a true copy,
was published in the Corpus Christi Caller -Times on the 20th
day(s) of March, 1994.
One Time(s)
$65.60
Subscribed and sworn to before me this 6th day
of April, 1994.
Notary
Public,
Nueces County, Texas
Corpus Christ Cilsr-TUrfw Strait?,Arch 20, 1994/H5
Legal Notices 11
ONOINANCE NO. oiluss
AUTHORIZING THE CITU
MANAGER OR HIS DESIGNEE
TO EXECUTE A TWENTY-
YEAR LEASE AGREEMENT.
WITH THE MUSEUM OF ORI-
ENTAL CULTURES FOR USE
OF THE ILA BUILDING; IN
LIEU OF MAKING MONTHLY
PAYMENTS, LESSEE WILL
PROVIDE ADVANCEMENT OF
KNOWLEDGE, APPRECIA-
TION, AND ENJOYMENT OF
ORIENTAL CULTURES BY
PROVIDING PROGRAMS, EX-
HIBITS, PERFORMANCES,
AND EDUCATION IN ORIEN-
TAL CULTURES ON AN
ON-GOING BASIS; WILL RE-
HABILITATE THE ILA
BUILDING ANP/OR CON-
STRUCT NEW I VE-
MENTS ON THE PROPERTY;
WILL PROVIDE INTERIOR.
AND EXTERIOR MAINTE-
NANCE TO THE ILA
BUILDING AND ANY NEW
IMPROVEMENTS; AND WILL
PROVIDE GROUNDS MAINTE-
NANCE FOR THE PROPERTY;
AND PROVIDING FOR
PUBLICATION.
The ordinance was passed
and approved on second
reading by the City Council of
the City of Corpus Christi on
the 15th day of March, 1994
h/ t rtNalfON of *Sit
PietasUFA