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HomeMy WebLinkAbout08800 ORD - 03/20/19680 VMP:3/19/68 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH RUTH SPARKS, WHEREBY THE CITY IS TO LEASE FROM THE SAID RUTH SPARKS FRACTIONAL LOTS 11 AND 12, BLOCK 18, AND FRACTIONAL LOT 7. BLO_�K 17r BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE USES AND UNDER THE CONDITIONS PROVIDED IN SAID LEASE, ALL AS MORE FULLY SET FORTH THEREIN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO ENTER INTO AN AGREEMENT WITH RUTH SPARKS, WHEREBY THE CITY IS TO LEASE FROM THE SAID RUTH SPARKS FRACTIONAL LOTS 11 AND 12, BLOCK 18, AND FRACTIONAL LOT 7, BLOCK 17, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE USES AND UNDER THE CONDITIONS PROVIDED IN SAID LEASE, ALL AS MORE FULLY SET FORTH THEREIN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 8800 TAE STATE OF. TEXAS COUNTY OF NUECES Thin .greenest of lease by and between Ruth Sparks, a widow, of Corpus. Christi, Tease, Down herein as Lessor, and the City of Corpus Cb'ieti, Texas, a municipal corporation, known hor©in as Lessee, 11ITNESSETEt That the. said Lessor does by these presents lease and demise unto the said Lessee the following described property lying' and being situated in the City of Corpus Christi, Nuecea County, Texas, tc -wit: A. Fractional Lots Eleven (11) and Twelve (12), Hlook Eighteen (18), Beach Portion of the City of Corpus Christi, Texan; to- gether uith ell :+.mproveaents thereon; and B. Fractional Lot Po. Seven (7), Block Seventeen (17), Each Portion of the City, of Corpus Christi, Tease, being a triangular plot of ground located on the corner of Lawrence Street and Lower Broadway and being the portion of amid Lot No. 7 north or the sign erected on said property; for the term of five (5) yeere.beginning the let day of April, 1968 and ending on the 31st day of marsh, 1973, paying therefor the sun of Twenty-. Seven Thousand and Po /100 (027,000.00) Dollars by advance monthly payments, to -wit: tour lundred Fifty and No /100 ($450.00) Dollars on the lat day of April, 1968 and a like amount ca the first day of each succeeding month thereafter during the full term bf this leans upon the following conditions and covenants, to -uita 1. That the Lessee shall pay the rent to Lessor at 205 Rosebud Street, Corpus Christi, Texas, monthly in advance, as cforeeaid, na the name shall fall due, for the full term hereof unless terminated under paragraph 8. 2. Further, Lessee covenante with the Leesor,'her heirs and aestgns, to pay in full, before they become delinquent, ell taxes and aeseesnants whatsoever, which may be levied, assessed, charged and imposed upon paid demised premises, or any part thereof, beginning with the year 19 €0 and including any year thereafter during the term hereof, excepting taxes bell be prorated for the year 1968 tad for sag subsequent year in which this lease .ehall he terminated. 3. That the Lessee shall, at its own coat and expense make all nec- essary alterations and repairs to the interior.of the building, known as 520 Lowrance Street, and in this connection, elterations or changes of the interior shall he approved by 'Lessor in writing and any materiels or partitions removed obeli be relinquiebed`to Lessor ufl1ose re -used un the promisee by Lessee. Lessor shall ether own cost and .expense keep in good repair and serviceable condition the airconditioning and beating equipment' appurtenant to such building except the day to day maintenance of filters. Leaaor also covenants end agrees that:she will at all times during. the term of this lease maintain and keep the outside of auoh building and the roof thereon in good and substantial repair, Dade <^ end condition, except that Lessee &h1- be responsible for the painting of the outside of. such bui3c3 g. 4. :hit Lessee shall at its own coat and :expense make all necessary repaire to keep the one - story annex building looeted on the above described praises: in good and safe condition and repair, except that Lessor shell maintain in good Serviceable condition the roof thereon. 5. That the- Lessee shell pay all utility bills, including gas, lights end water, incurred In the Sarnish.ng of utilities to the demieed'preMisco promptly as the elms shell become due and payable. 6. That' the.Leseee shell, at the end or other termination of this lease, deliver up this demised premises in good order end condition, ne- tural deterioration and damage by fire and the elects excepted. 7. That the Lessee obeli, in ease of damage by fire or other haaorda included under "extended coverage" insurance, give immediate notice to the Lessor, who shall thereupon can the damage to he repaired forthwith ; 'but if the premises be 'by the Lessors deemed so damaged as to be unfit for.oc- cupaney or if the Lessor shnfl decide to rebuild Or remodel the said build ing, than, at Lessor's option, Lessor may declare this lease at an and and the rent be paid to the time of the damage. .Should Lessor decide to repair the premises for use of Lessee, in the event of total or partial destruc- tion by fire or ot_her calamity, then, in such event, the rent hereinabove reserved or a just and proportionate part thereof occording to the nature and extent of the injury sustained, shall be suspended or abated until said premises shall, by Lessor, be put back, insofar as possible, in tho ammo condition as the same existed prior to the destruction. 8. Lessee is hereby given the option of cancelling this lease upon giving six months notice of such intent to Lessor. 9. Lessee shall maintain, at its expense, a policy of public lia- bility insurance with respect to the leased premises naming Lessor end Lessee as the inoured and such policy shall provide ;miss limits of Fifty Thousand and No /100 (350,000.00) Dollars for :injury or death of any one person, Two Hundred Fifty Thousand and No /100 (b'250,000.00) Dollars for injury or death of more than one person and Ten Thousand and No /100 ($10,000.00) Dollars property damage. 10. It is further understood and agreed that should Lessor, at any time durinc the term of this lease while Lessee is not in default here- under, reooive a bona fide offer made by a third party for the purchase of the above described pronioes which is aeoeptablo to Le000r, then, in such event, Lessee is hereby given the first right to purchase at the sun offered by such third party. In the event Lessee purchases such premises prior to October 1, 1970, the purchase price shall be reduced by the sum of Four Hundred Fifty and No /100 (3450.00) Dollars for eaoh month in which such rentr7e, ehell have boon paid by Lessee. 11. That in case of default in any of the covenants heroin, Lessor may enforce the performance of this lease in any rode provided by lars, and this lease may be forfeited at Lessor's disoretion if etch default con- tinues for a period of thirty (30) days after Lessor notifies said Lessee of such default and Lessor's intention to declare the laaae forfeited, and thereupon (unless the Lessee shall have completely removed or cured such default) this lease shall cease and come to an end as if that were the day ort inellyy fixed heroin for the expiration of the term hereof; and Lessor's agent or attorney shell have the right, without further notice or demand, to re -enter and remove all persons end'Lseeeo'e property theref=rom without being deemed guilty pf_auy manner of treepaee and without prejudice to;any . rues for erreera isf' rant'or breach of covenant; or, Lesisor�e agent'oz attorney may resume poseeeiioo -of the premises, and mist the same for the remainder of the term et the best rent paid agent or attorney may obtainv for account of the Lessee mho obeli make good any.deficiencyf. and the Lessor shall have alien n as security for the rent aforesaid upon all the improvements, furniture and fixtures (but expreeely exe3.uding public re- cords) vhioh pre `craw be put on'the demised premises. 12.- All notices to be given under the provisions of this;leaee shell be soled to Lessee addressed to the dssieed- premises end to lessor add reseed to 205 Roeebud.6t., Corpus Ohrieti, Te a %40A. 1'J, All ea.taratione and Additions affixed to such building by Lease.. eha3.1 become property of Lessor at the seder earlier, termination of tbis, lease.. IN TESTIMONY WHEREOF, the parties to this agreement have hereunto set their heeds: ',in duplicate, this the day of 1968. ATTESTa CT'Y SECRETARY Approved ae to, legal form this day of City. Attorney Director or Finance . Rutb Sparks LECSOR CITY OF coleus chatSU, TEAK CITY N 1AGEI3 .TRE STATE QFT S COUNTY OF NUECES ] BEFORE ME, the undersigned authority,, on this day personally appeared Ruth Sparks, a widov, known to me to be the parson whoa(' name , t.. subscribed . to the foregoing inatrumont, and acknouledgod to me that She executed the same for the purposes `and conast rb+ration and in the aapasity therein ex- preaeed.. CaVEN UNDER 'MY HAND a SEAL O. OleriCE , this the day of , 1968. Notary Public, Nuacee County, Texas_ Tom: STATE. OF TEXAS COUNTY OF NUECES X BEFORE NE, the undersigned authority,',,o>;.thie day peraorkil y appeared of Corpus Citltmmegar of the Texas, known to and to be the person vhaime la substcribed to the Cforeti,. going instrument add acknowledged to 1ne that he executed the Same for -the purposes and consideration therein expraseed, and in tba.Capadity therein Stated and as the act and dead of eaid City. GNGN UNDER 14! NAND AND SELL OF OFFICE, this the day of 1968. Notary Public, Nueoea Caunty, Texas • THAT THE FOREGOING ORDINANCE WA5 )EAD FOR THE F PAS TO ITS SECOND READING ON THIS THE DAY OF 19 ', BY THE FOLLOWING VOTES JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THAT THE FOREGOING ORDINAN S READ FOR TO ITS THIRD READING ON THIS THE DAY OF BY THE FOLLOWING VOTES • JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE L0ZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THAT THE FOR ING ORDINANC FINALLY ON THIS THE IV DAY OF ING VOTES ATT R EAD AND P »5ED , 1904 F THE T , 19 JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS PASSED AND APPROVED, THIS THE ITY SE APPROVED AS 6117 DAY OF IS THE ,79 CITY ATTORNEY TIME AND PASSED BY THE FOLLOW- J Y OF 8. MA 0 THE CITY 0 CO CHRISTI, TEXAS