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HomeMy WebLinkAbout11660 ORD - 08/22/1973JRR:e:8/22/73 1st i f AN ORDINANCE i AUTHORIZING THE CITY MANAGER TO ESECUTE A CONTRACT WITH C & B BUILDING CORPORATION FOR THE LEASE OF THE BUILDING AND PREMISES LOCATED AT 620, 622, 624 AND 626 OLD ROBSTOWN ROAD, IN ACCORDANCE WITH THE TERMS OF SAID CONTRACT, A COPY OF WHICH, MARRED E%HIBIT "A ", IS ATTACHED PTO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. 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 is to execute a contract with C & B Building Corporation for the lease of the building and premises located at 620, 622, 624 and 626 Old Robstovn in the City of Corpus Christi, in accordance with the terms of said contract, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes. The monthly rental on said building and premises is to be $1,000.00. SECTION 2. The necessity to authorize the execution of the aforesaid building and premises at the earliest possible date creates a public emergency and imperative public necessity requiring the suspension of the Charter rule that no ordinance 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 ORADINED, this the 07 cQ day August, 1973. ATTE : / qqq City Secret / APPROVED: U 2� DAY OF ��GII 973: �I/IA.A._fl, /PAS, ASST k,City Attorn &y MAY THE CITY OF CORPUS CHRISTI, TESAS 11660 J :cd:8 -22 -73 0 THE STATE OF TEXAS COUNTY OF NUECES THIS agreement of lease by and between C & B Building, Inc. of Corpus Christi, Nueces County, Texas, hereinafter referred to as "Lessor ", and the City of Corpus Christi, Texas, a municipal corporation, hereinafter referred to as "Lessee ", W I T N E S S E T H: THAT the said "Lessor" does by these presents lease, demise and let unto the said "Lessee" the following described property lying and being situated in the City of Corpus, Nueces County, Texas, to wit: • BEING 620, 622, 624 and 626 Old Robstown Road, and more particularly described as follows: Lots 5 and 6, and 10,000 square feet in a triangular shape out of the Northeast corner of Lot 4 of the Annie Bagnall Subdivision to the City of Corpus Christi, Nueces County, Texas, according to a map or plat thereof all of record in the office of the County Clerk of Nueces County, Texas, and further described as 100 feet wide and 96 feet deep off of the Southwest of said building. SAID lease term shall be from September 1, 1973 to August 31, 1976, for which Lessee shall pay to Lessor a sum of $1,000.00 (One Thousand Dollars) per month. Lessee agrees and shall pay to the Lessor the rent monthly in advance and shall pay the rent for the period of the first and last month in advance upon the execution of this Lease Contract. The Lessee shall pay the rent aforesaid to Lessor at 4208 Driftwood, Corpus Christi, Nueces County, Texas, 78411. PROVIDED that said rental is not to become due and payable until the following renovation work has been completed on the leased premises by the Lessor. 1. Installation of adequate central air conditioning 2. Put all bathrooms in working condition 3. Replace all broken window panes 4. Repair plaster inside and outside or install paneling inside 5. Repair and seal side floor area where holes appear in 624 and 626 6. Repaint entire spaces in 624 and 626 or panel 626 IN the event said renovation work is not completed by October 1, 1973, this lease may be declared terminated at the option of the Lessee by the service of written notice upon the Lessor at 4208 Driftwood, Corpus Christi, Nueces County, Texas, 78411. II LESSEE shall take good care of the property and premises and suffer no waste and shall, at the expense and cost of itself, keep the premises in good repair as well as the air conditioning system, the plumbing work, pipes and fixtures belonging thereto and keep the water connections free from ice and other obstructions during the hereby granted term and at the end our expiration of the term of this lease shall deliver up the premises in good order and condition, reasonable wear and tear excepted. III NO improvements or alterations shall be made in or to the hereby leased premises without the consent of the Lessor in writing. All permanently attached improvements made by the Lessee shall revert to and belong to the Lessor at the expiration of this Lease Contract. IV LESSEE shall maintain its expense, a policy of public liability insurance with respect to the leased premises naming Lessor and Lessee as the insured and such policy shall provide minimum limits of $50,000.00 (Fifty Thousand and no /100 Dollars) for each injury or death of any one person, $250,000.00 ( Two Hundred Fifty Thousand Dollars ) for injury or death of more than one person and $10,000.00 (Ten Thousand and no /100 Dollars) property damage. 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 damage to be repaired forthwith; but if the premises be by the Lessors deemed. so damaged as to become unfit for occupancy or if the Lessor shall decide to rebuild or remodel the said building, at Lessor's options, Lessor may declare this lease at an end and the rent be paid at the time of the damage. Shall 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. VI LESSEE is to pay all gas, water, light and power bills. VII IT is understood that there is a mezzanine floor in the demised premises and Lessee is not to use said mezzanine floor as storage space to carry over seventy (70) pounds per square foot. VIII LESSEE agrees that if he should demand or make any additional changes or if there is any deviation from the present plans and specifications of the premises, that same will be made at Lessee's own expense, and any such change must be made with the written consent with the Lessor. LESSOR shall have the right to determine the location of any and all signs and the character of same that Lessee desires to have upon said property and premises, but when so erected, all expenses attached to said -2- sign or signs shall be at the cost of Lessee. Lessor reserves this right only to assure compliance with the City Ordinances. LESSEE is hereby given an option to renew this lease for a one -year period at the price to be mutually agreed upon by Lessor and Lessee not to be greater than $1,200.00 (One Thousand Two - Hundred and no /100 Dollars) per month nor less than $1,000.00 (One Thousand and no /100 Dollars) per month. Lessee shall give Lessor notice in writing of its election to renew at least 30 days prior to the expiration of the term of this lease, and upon Lessee's failure to notify Lessor in writing,or upon failure to the parties to agree upon the price to be paid for the premises, the option will terminate. It is under- stood and agreed, however, that a timely offer by the Lessee to renew the lease for the said one -year period at a monthly rental of $1,200.00 (One Thou- sand Two- Hundred and no /100 Dollars) will be accepted by the Lessor. RI 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 exp i ration of the term hereof; and Lessor's agent or attorney shall have the right, without further notice or remand, to reenter and remove all persons and Lessee's property therefrom without being deemed quilty 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 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 put on the demised premises. RII 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 4208 Driftwood, Corpus Christi, Nueces County, Texas, 78411. RIII LESSEE covenants and agrees to comply with all laws, ordinances, rules, and regulations of any governmental agency, whether it be city, county, state or federal, in the occupancy of said premises. At the expiration of the lease or any renewal hereof, Lessee obligates himself to promptly give possession of such premises to the Lessor. -3- IN WITNESS WHEREOF, the parties of this agreement hereunder set their hands this o2a -.- _ day of 1973. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF AUGUST, 1973: <—C ty 4 /� Attorney Director of Finance ATTEST: Secretary THE STATE OF TEXAS X COUNTY OF NUECES X By R. Marvin Townsend, City Manager C & B BUILDING, INC. By M. E. Tonroy LESSEE. LESSOR BEFORE ME, the undersigned authority, on this day personally appeared M. E. TONROY, President of C & B. Building, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. 1973. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of August, Notary Public in and for Nueces County, Texas. THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. 1973. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of August, Notary Public in and for Nueces County, Texas Corpus Christi, Texas CJ day of , 19 7-7 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; I, 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. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark