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HomeMy WebLinkAbout11029 ORD - 08/09/1972• .]RR: jkh:ml:0 -7 -%2;2nd - • All OCtDINANCE AUTHORIZING THE CTTY MANACER TO ENTER INTO AN AGREEMENT OF LEASE WITH THE GULF COAST HUMANE SOCIETY, INC. FOR A TERM OF FIVE YEARS, CO'rG4ENCING ON THE 1ST DAY OF SEPTEMBER, 1972 AND ENDING ON THE 31ST DAY OF AUGUST, 1977 UNDER THE TERMS AND CONDITIONS MORE FULLY SET FORTH IN THE LEASE AGREPMENT, A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY TF&E CITY;COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: > SECTION 1. That the City Manager be and he is hereby authorized to enter into an Agreement of Lease with the Gulf Coast Humane Society, Inc. for a term of five yeats, commencing on the 1st day of September, 1972, and ending on the 31st day of August, 1977,1 under the terms and conditions set forth more fully in the Lease Agreement, a copy of which is attached hereto and marked Exhibit "A" and made a part hereoflfor all intents and purposes as if copied verbatim herein. 1 SECTION 2. The necessity to immediately enter into the aforesaid Lease Agreement in order to carry on the business of animal control and veterinary services in the City creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAIlVED, this the�day of , 1972. ATTEST: City Secre ary MAYOR PP-0 "TF- THE CITY OF CORPUS CHRISTI, TEXAS OVED: IDAY OF C&444 1972: c0 A5qr City ACtorney 1111029 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THIS AGREEMENT OF LEASE made and entered into this 1st day of September, 1972, by and between the Gulf Coast Humane Society, hereinafter referred to as "Lessor" or "Humane Society ", and City of Corpus Christi, hereinafter referred to as "Lessee" or "City ": WITNESSETH: That Lessor does by these presents lease and demise unto the Lessee the following described parcels of property, both parcels lying and being situated in the City of Corpus Christi, Nueces County, Texas, and being more particularly described as follows: PARCEL # l: Being a one -story building located Et 111 Navigation Boulevard and the premises thereof, and being described as Census Tract Seven (7), Section "H ', Lot Ten (10), City of Corpus Christi, Nueces County, Texas; PARCEL T.2: Being a 1.1 acre tract of land, 0.5T acre of which is out of that certain tract of land in the name of Gulf Coast Humane Society and described in Volume 377, page 409. Nueces County, Texas Deed Records, and all that cer- tain 0.57 acre tract of land described in Vol- ume 1104, page 409, Nueces County, Texas Deed Records, said 1.1 acre tract being more parti- cularly described by metes and bounds as follows: Beginning at a point in the west right of way line of the present Navigation Boulevard, said point being in the North boundary line of said 0.57 acre tract and being S. 83° 101 W., 40.0 feet from its Northeast corner thereof for the Northeast and beginning corner of the tract herein described; Thence S. 7° 03' E., with the present West right of way line of said Navigation Boulevard, a dis- tance of 166.6 feet to a point for the Southeast corner of the tract herein described; Thence S. 83° 101 W., at 76.6 feet pass a board fence, and continuing with a hurricane type fence, in all a distance of 226.6 feet to a fence corner post for a corner of the tract herein described; -1 -- 'xy ,9 Thence N. 7° 03' W., with a hurricane type fence, a distance of 111.6 feet to a point in the South boundary line of said 0.57 acre tract for an interior corner of the tract herein described; Thence S. 83° 10' W., with the South boundary line of said 0.57 acre tract, a distance of 188.3 feet to its Southwest corner thereof for the most westerly Southwest corner of the tract herein described; Thence N. 7° 03' W., with the West boundary line of said 0.57 acre tract to its Northwest corner thereof, for the Northwest corner of the tract herein described; Thence N. 83° 10' E., with the North boundary line of said 0.57 acre tract, a distance of 414.9 feet to the point of beginning. Containing 1.1 acres of land, more or less; together with the buildings and other improve- ments located thereon. for a term of five (5) years beginning on the 1st day of September, 1972, and ending on the 31st day of August, 1977, yielding and paying therefor the sum of Twenty -One Thousand Dollars ($21,000.00) for both Parcel # 1 and Parcel # 2, payable as follows: At the rate of Three Hundred Fifty Dollars ($350.00) per month on the first day of each month, such sum payable upon the follow- ing terms, conditions and covenants: 1. The parties mutually agree that Parcel # 1, here - inabove described, shall be used for the purpose of conducting business for animal control activities and veterinary services and for no other purposes whatsoever without the prior written consent of the Lessor. The parties further agree that Parcel # 2 shall be used for the purposes of operating an animal pound and for no other purposes whatsoever without the prior written consent of the Lessor. 2. It is especially understood and agreed that all personal property placed.on the demised premises by the Lessee may be removed by Lessee at the termination of this lease, pro- -2- vided Lessee shall not then be in default of the performance of any of its agreements, conditions, covenants or_terms hereof, and provided further, that the buildings shall be left by Lessee, substantially as well equipped as they are at the beginning of the term. 3. The parties mutually agree that the Lessee shall have the right to construct improvements to the realty (both Parcel $1 and Parcel '-'r2 hereinabove described) at its own expense, Except for the prefabricated building or equal hereinafter mentioned, all buildings and other improvements placed on the leased premises by Lessee shall be and remain the property of Lessor at the expiration of the lease. Lessee anticipates erect- ing on the leased premises a prefabricated building on concrete foundations to be used as an office and laboratory. Such build- ing shall remain the property of Lessee and, at the expira- tion of the lease, may be removed from the premises by Lessee. Lessee agrees that, if the said building is to be removed, it will be removed before the expiration of the term of the lease and that it will give notice to Lessor prior to removal. Lessee shall also remove all concrete foundations for the building and level the land and place it in a smooth and neat condition, un- less requested by Lessor to leave the foundations for Lessor's use. and as Lessor's property, which Lessee will do. 4. The City shall continue to carry out the enforce- ment provisions of the City ordinances and State laws appli- cable to the apprehension, seizing, impounding and picking up of any animals not being held, kept or treated in accordance with the requirements of the City ordinances and State laws as well as those animals not bearing evidence of having been registered or innoculated against rabies as required by law. -3- 5. The parties hereto agree that the City may turn over to the Humane Society, or other agency approved by the City Health Officer, such animals as can be accommodated and placed for adoption after said animals have been held by the City for such time as required by City ordinance or State law. City will not sell animals and agrees that live animals will be turned over to another approved agency only for purpose of having the animals placed for adoption and that it will not permit any live animals to be turned over to any party for live experimental purposes, except with approval of the Humane Society. 6. The Humane Society agrees that all animals adopted from its adoption pens shall be inoculated against rabies and licensed in accordance with applicable City ordinances. 7. Provided Lessee has not defaulted in any of the terms, conditions and provisions hereof, Lessee shall have the Privilege of renewing and extending the term hereof for a period of five (5) years, beginning on the 1st day of September, 1977, and terminating on the 31st day of August, 1982f on the same terms and provisions hereof, except that such renewal and ex- tension shall contain no further option or renewal privilege and the rent shall be increased if cost of living has increased, as hereinafter set out. Provided, however, that in order to exercise this option, Lessee shall and must give Lessor written notice by United States Certified Mail, Return Receipt Requested, of his intention to exercise said option no later than the 1st day of May, 1977. If there has been an increase in cost of liv- ing as shown by the annual averages for the years 1971 and 1976 hereinafter mentioned, the rental for each year of the five (5) year extended term shall be determined by dividing the annual rental for the first five (5) years of the term .($4,200.00) by the index number for the annual average 1971 of the Consumer's -4- Price Index for Urban Wage Earners and Clerical Workers, U. S. City Average, All Items -- Series A (1967 equals 100f) pub - lisped in the "Monthly Labor Review" of the Bureau of Labor Statistics of the United States Department of Labor and then multiplying that amount by the index number for the annual average of the year 1976. The index number for the 1971 annual average was 121.3. The annual rental so determined shall be payable in equal monthly installments. 8. Lessee shall not assign this lease or sublet all or any part of the leased premises without Lessor's consent in writing. The agreements, conditions, covenants and terms herein contained, shall in every case, apply to, be binding upon and inure to the benefit of the respective parties hereto, their heirs, executors, administrators, successors and assigns (when assignment is made pursuant to the provisions hereof), with the same force and effect, as if specifically mentioned in each instance where a party hereto is named, provided, how- ever, that no assignment or under - letting by Lessee in viola- tion of the provisions of this lease, shall vest in any such assignee or under- tenant any right or title in or to the lease- hold hereby created. 9. Lessee shall, at its own cost and expense, through- out the term of this lease, and so long as it shall remain in possession of the demised premises, keep and maintain in good repair and condition, all portions of the buildings and other improvements located upon the demised premises. At the ter - mination of this lease, Lessee shall deliver up the demised premises and all buildings and other improvements in as good condition as at the beginning of the term or at the time the same were placed thereon -by Lessee, natural deterioration and depreciation only excepted. Lessee agrees at its expense, -5- at'all times during the term and extended term of this lease, to keep all buildings on the leased premises insured for re- placement cost in reliable insurance companies to the full extent of their insurable value for such purposes, with loss payable jointly to Lessor and Lessee. In the event of loss or damage to any of the buildings which are covered by insur- ance, City agrees to repair and restore the buildings and Lessee agrees to join in making the insure-nee proceeds avail- able for such purposes. In the event the City makes such re- pairs or restorations for an amoiLnt less than the insurance proceeds, the remainder of the proceeds shall belong to the City. If the insurance proceeds are not sufficient to make the repairs or restorations, City shall nevertheless make the same. 10. Humane Soci.ety,ourns an euthanasia chamber which, at the date of signing this lease, is located on land of the Humane Society adjacent to the leased premises. City shall have the right to use the said chamber as part of the leased facilities provided City, at its own expense, moves and relo- cates the chamber on the leased premises. If it does so, it - shall keep and maintain the chamber in good repair and condi- tion during the term of this lease and at the termination of the lease deliver it to the Humane Society in as good condition as at the time it was first used by the City, natural deteriora- tion and depreciation only excepted. The said equipment shall also be covered by insurance as provided in paragraph 9 hereof. City shall have the right to substitute another method of de- stroying animals in accordance with humane provisions should it see fit to do so. 11. Animals released to the Humane Society for adoption may be used for other purposes deemed reasonable by the Humane Society. M 12. Any notice from Lessor to Lessee relating to the demised premises, or to the occupancy thereof, shall be duly served if addressed to Lessee by United States Certified Mail, Return Receipt Requested. Any notice from Lessee to Lessor, shall be sent by United States Certified Mail, Return Receipt Requested. 13. It is distinctly understood and agreed by and between the Lessor and the Lessee that any holding cv er by Lessee of the herein demised premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor, at the monthly rental in effect during the last year of the term. 14. It is understood that Humane Society is a non- profit public charity and is not assessed ad valorem taxes by City or by Corpus Christi Independent School District, which jointly assesses and collects taxes with City, and that the rental fixed in this lease is based upon the fact that it is not anticipated there will be any such ad valorem taxes paid by Humane Society during the term of this lease. If for any cause at any time while this lease is in effect, ad valorem taxes are assessed against the leased premises or any of the land and improvements owned by Humane Society adjoining the leased premises, the amount of all such ad valorem taxes on all of such property which are paid by Humane Society to City and the said School District for any portion of the term of the lease shall be added to the rental and paid by City as additional rent. 15. This Lease Agreement hereby voids and replaces any pre - existing lease agreements or contracts between the parties. IN TESTIMONY WHEP.EOF, the parties to this Agreement have hereunto set their hands to duplicate originals, the day -7- CORPUS CHRISTIs TEXAS • DAY OF 19 _Z2 .� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY •CLAUSE• OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFU LY, . Q. OR o T� THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, $R. V. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONN I E S I ZEMORE az_l v t_ CHARLES A. BONNIWELL ar ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR., J. HOWARD STARK