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;
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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-
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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.
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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
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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,
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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
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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