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HomeMy WebLinkAbout11354 ORD - 03/14/1973• JRR:vp:3 -13 -73 :1st AN ORDINANCE r AUTHORIZING THE CITY MANAGER TO EXECUTE A CON- TRACT WITH MRS. RUTH SPARKS FOR THE RENTAL OF LAND AND BUILDINGS FOR A 5 YEAR PERIOD BEGIN- NING APRIL 1, 1973 AND ENDING MARCH 31, 1978, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he is hereby authorized and directed to enter into a contract with Mrs. Ruth Sparks for the rental of land and buildings for a 5 year period beginning April 1, 1973 and ending March 31, 1978, as more fully set forth in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to immediately enter into the afore- mentioned contract creates a public emergency and an imperative public neces- sity requiring the suspension of the Charter rule that no ordinance or resolu- tion 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 ORDAINED, this the' /yam day of March, 1973. ATTEST: i City "Secret-a r y APRgUED: DAY OF MARCH, 1973: 11h4a "P At, S0 �S City Attorney 354 JRR:b,Td:vp:3- 12 -7:i i THE STATE OF TEXAS COUNTY OF NUECES 4 This agreement of lease by and between Ruth Sparks, a widow, of Corpus Christi, Texas, known herein as Lessor, and the City of Corpus Christi, Texas, a municipal corporation, known herein as Lessee, W I T N E S S E T H: 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, Nueces County, Texas, to -wit: A. Fractional Lots Eleven (11) and Twelve (12), Block Eighteen (18), Beach Portion of the City of Corpus Christi, Texas; together with all improvements thereon; and B. Fractional Lot No. Seven (7), Block Seventeen (17), Beach Portion of the City of Corpus Christi, Texas, being a triangular plot of ground located on the corner of Lawrence Street and Lower Broadway and being the portion of said Lot No. 7 north of the sign erected on said property; for the term of five (5) years beginning the ist day of April,, 1973, and end- ing on the 31st day of March, 1978, paying therefor the sum of Forty -Three Thousand Two Hundred and No/100.($43,200) Dollars by advance monthly payments, to -wit: Seven Hundred and Twenty and No /100 ($720) Dollars on the lst day of April, 1973, and a like amount on the first day of each succeeding month thereafter during the full term of this lease upon the following conditions and covenants, to -wit: 1. That the Lessee shall pay the rent to Lessor at 205 Rosebud Street, Corpus Christi, Texas, monthly in advance, as aforesaid, as the same shall fall due, for the full term hereof unless terminated under paragraph 8. 2. Further, Lessee covenants with the Lessor, her heirs and assigns, to pay in full, before they become delinquent, all taxes and assessments whatsoever, which may be levied, assessed, charged and imposed upon said demised premises, or any part thereof, beginning with the year 1973 and includ- ing any year thereafter during the term hereof, excepting taxes shall be pro- rated for the year 1977 and for any subsequent year in which this lease shall be terminated. 3. That the Lessee shall, at its own cost and expense, make all necessary alterations and repairs to the interior of the buildings, known as 520 Lawrence Street, and 520 Lawrence Annex, and in this connection, alterations or changes of the interior shall be approved by Lessor in writing and any materials or partitions removed shall be relinquished to Lessor unless reused on the premises by Lessee. Lessor shall at her own cost and expense keep in good repair and serviceable condition the air conditioning and heating equipment, plumbing system and electrical system appurtenant to such buildings. Lessor also covenants and agrees that she will at all times during the term of this lease maintain and keep the outside of such buildings known as 520 Lawrence and 520 Lawrence Annex and the roofs thereon in good and substantial repair, order, and condition. 4. That the Lessee shall pay all utility bills, including gas, lights, and water, incurred in the furnishing of utilities to the demised premises promptly as the same shall become due and payable. 5. That the Lessee shall, at the end or other termination of this lease, deliver up the demised premises in good order and condition, natural deterioration and damage by fire and the elements excepted. 6. That the Lessee shall, in case of damage by fire or other hazards included under "extended coverage" insurance, give immediate notice to the Lessor, who shall thereupon cause the damage to be repaired forthwith; but if the premises be by the Lessors deemed so damaged as to be unfit for occupancy or if the Lessor shall decide to rebuild or remodel the said build- ing, then, at Lessor's option, Lessor may declare this lease at an end 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 destruction by fire or other calamity, then, in such event, the rent hereinabove reserved or a just and proportionate part thereof according 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 the same condition as the same existed prior to the destruction. -2- • • 7. Lessee is hereby given the option after the third year of the lease of cancelling this lease upon giving six months' notice of such intent to Lessor. .8. Lessee shall maintain, at its expense, a policy of public lia- bility insurance with respect to the leased premises naming Lessor and Lessee as the insured and such policy shall provide minimum limits of Fifty Thousand and No /100 ($50,000) Dollars for injury or death of any one person, Two Hundred Fifty Thousand and No /100 ($250,000) Dollars for injury or death of more than one person and Ten Thousand and No /100 ($10,000) Dollars property damage. 9. It is further understood and agreed that should Lessor, at any time during the term of this lease while Lessee is not in default hereunder, receive a bona fide offer made by a third party for the purchase of the above described premises which is acceptable to Lessor, then, in such event, Lessee is hereby given the first right to purchase at the sum offered by such third party. In the evc- nt'Lessee purchases such premises prior to March 31, 1978, the purchase price shall be reduced by the sum of Seven Hundred and Twenty and No /100 ($720) Dollars for each month in which such rentals shall have been paid by Lessee. 10. That in case of default in any of the covenants herein, Lessor may enforce the performance of this lease in any mode provided by law, and this lease may be forfeited at Lessor's discretion if such default continues for a period of thirty (30) days after Lessor notifies said Lessee of such default and Lessor's intention to declare the lease 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 originally fixed herein for the expiration of the term hereof; and Lessor's agent or attorney shall have the right, without further notice or demand, to reenter and remove all persons and Lessee's property therefrom without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant; or Lessor's agent or attorney may resume possession of the premises and relet the same for the remainder of the term at the best rent said agent or attorney may obtain, for account of the Lessee who shall -3- make good any deficiency; and the Lessor shall have a lien as security for the rent aforesaid upon all the improvements, furniture and fixtures (but expressly excluding public records) which are or may be nut on the demised premises. 11. All notices to be given under the provisions of this lease shall be mailed to Lessee addressed to the demised premises and to Lessor addressed to 205 Rosebud Street, Corpus Christi, Texas, 78404. 12. All alterations and additions affixed to such building by Lessee shall become property of Lessor at the end or earlier termination of this lease. 13. The Lessee and the Lessor each agree that neither shall be liable to the other for damages caused by fire or explosion to the extent that such damage is compensated for by insurance, and such causes of action as may hereafter accrue to either of them against the other are hereby waived to the extent either party may actually be compensated for such damage by his or its insurance company. It is further agreed by the parties hereto that in the event this provision, if in effect, shall reduce or prevent the recovery by either party on their own insurance policy for fire or explosion damages, that in such an event this provision shall be treated as void and of no force or effect. IN TESTIMONY WHEREOF, the parties to this agreement have hereunto set their hands, in duplicate, this the _ day of , 1973. Ruth Sparks LESSOR CITY OF CORPUS CHRISTI, TEXAS By City Manager ATTEST: LESSEE City Secretary t1 APPROVERS TODAY LEGAL OF �' �' �CT . / 7 1973 / n �CC� City Attorney U irector of Finance • • THE STATE OF TEXAS 9 COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Ruth Sparks, a widow, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration and in the capacity therein expressed. - GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1973. Notary Public, Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed, and in the capacity therein stated and as the act and deed of said City. GIVEN JND'a'R MY HAND AND SEAL OF OFFICE, this the day of ............ ..., 1973. Notary Public, Nueces County, Texas CORPUS CHRISTI, TEXAS DAY OF 19 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 15 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. ESLFULLY, MAYOR THE CIT OF CO S HRISTI, TEXAS TEE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: - BONNIE S12EMORE CHARLES A. BONNIWELL ROBERTO BOSQUE2, M.D. REV. HAROLD T. BRANCH _ THOMAS V. GONZALES GABE LOZANO, SR. • V. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE S12EMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK