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HomeMy WebLinkAbout022469 ORD - 01/16/1996ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE SECOND AMENDMENT TO THE MUSEUM OF ORIENTAL CULTURES LEASE AGREEMENT WITH THE CITY OF CORPUS CHRISTI BY CHANGING THE LESSEE'S NAME TO THE MUSEUM OF ASIAN CULTURES AND EDUCATION, BY EXTENDING THE TIME TO BEGIN REHABILITATION OR CONSTRUCTION WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS AMENDMENT NO. 2 AND TO COMPLETE REHABILITATION OR CONSTRUCTION WITHIN NINE MONTHS THREAFTER AND TERMINATING THE LEASE AGREEMENT IF THE REHABILITATION OR CONSTRUCTION IS NOT COMPLETE BY THEN, AND BY ADDING COMPLIANCE WITH ADA REQUIREMENTS. WHEREAS, the City of Corpus Christi leased certain property to the Museum of OrientalCultures authorized by City Council on March 15, 1994 by Ordinance No. 021896 "Lease"; and WHEREAS, the City of Corpus Christi and the Museum of Oriental Cultures did amend the lease, authorized by City Council on October 18, 1994 by Ordinance No. 022064 "First Amendment"; and WHEREAS, the Museum of Oriental Cultures has recently changed its name to the Museum of Asian Cultures and Education and wishes to have the Lease amended to reflect the Lessee's new name; and WHEREAS, the Museum of Asian Cultures and Education has successfully raised sufficient funds to go forward with the renovations and improvements contemplated by the Lease and the First Amendment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute the Second Amendment to the Museum of Oriental Cultures Lease Agreement with the City of Corpus Christi by: a) changing the name of the Lessee from the Museum of Oriental Cultures to the Museum of Asian Cultures and Education; h:\AG\95\s000.810 soot' m b) amending the new paragraph added to section 3. Terms and hours of operations. by the First Amendment as follows: If the rehabilitation or construction is not underway within six months of the effective date of this Amendment No. 2 to the Lease and not complete within 9 months thereafter_ completed within 18 montha of the effective datc of this Lcasc the Construction Grant of $125,000 automatically reverts to the Economic Development Trust Fund and this Lease automatically terminates without need for any further action on the part of the City. Provided, however, that the City Manager shall have the authority to extend the time frames set out above for an additional one hundred eighty (180) days if extenuating circumstances outside the Lessee's control necessitate an extension. c) amending section 8. Compliance with Laws. to read as follows: 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 including without limitation compliance with Americans with Disabilities Act requirements 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, all at Lessee's sole expense and cost. a copy of the Second Amendment is on file with the City Secretary. h:\AG\95\5000.810 Thal the foregoin ordinance was read for the first time and passed to its second reading on this the day of pea. Vv D.R. r , 19 by the following vote: Mary Rhodes l L Betty Jean Longoria (IT-' Dr. Jack Best CLJohn Longoria ___ __ Betty Black Edward A. Martin CUy' Melody Cooper nL r Dr. David McNichols Tony Heldenfels 1 That the foregoing ordinance was red for the second time and passed finally on this the t ( day of 3C,WW441, 19, by the following vote: )) Betty Jean Longoria John Longoria 11. Edward A. Martin Dr. David McNichols Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels PASSED AND APPROVED, this the I,p day of CJL/UYi. 19 . ATTEST: City Secretary MAYOR THE CI APPROVED: 11 DAY OF L L { , f , 199'3 : JAMES R. BRAY, JR., CITY ATTORNEY By: L/ Alison Gallaway Assistant City Attorney h:tAG\95\s000.810 02 9 OF CORPUS CHRISTI PUBLISHER'S AFFIDAVIT 10: 5 7 State of Texas, } County of Nueces } CITY OF CORPUS CHRISTI ss: Ad # 322344 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer 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...MUSEUM OF ORIENTAL CULTURES which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 24TH days(s) of DECEMBER. 1995. ONE (1) Time(s) b 7 -i -h/ Vice -President and Chief Financial Officer Subscribed and sworn to before me this 4TH day of JANUARY. 1996. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. PUBLISHER'S AA'NTAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 386101 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer 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 140. 022469 which annexed is a true copy, was published in the Corpus Christi Caller -Times on the 21ST day(s) of JANUARY. 1996. ONEI11 Time(s) $ 57:35 , 0) VARA 'p� ruo tr0'' _/ 4 0• F. i ile 7S. _ . 4"r4 , 14:2 ra°lcgxmF.-ccm4§ 431211: mc�,EUw'ct w_i12° go pEc c.w >.�`oa �moE �m arc �� gg Umma c.32mc wa c ' °, Q5BQ mmtg03H�mVz)° '° °2 a n-•� m $U1 �$ �E�R" a>. m> i �?8 =�msssaaCIE§Csm�£�m aa�Q2aa ^aca Sv Vice -President and Chief Financial Officer Subscribed and sworn to before me this 24TH day of JANUARY. 1996. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.