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HomeMy WebLinkAbout11721 ORD - 10/03/1973JRR:jkh:10- 3- 73; =2nd AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MR. AND MRS. NORMAN PINSON FOR THE RENTAL OF THE 2ND AND 3RD FLOORS OF THE WEBER BUILDING AND 50 PARKING SPACES ADJACENT TO THE WEBER BUILDING FOR A TWO -YEAR TERM WITH AN OPTION TO RENEW UNDER THE SAME CONDITIONS AND TERMS FOR ADDITIONAL THREE ONE -YEAR TERMS, AS MORE FULLY SET FORTH IN THE CON- TRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized to execute n a contract with Mr. and Mrs. Norman Pinson for the rental of the 2nd and 3rd Floors of the Weber Building and 50 parking spaces adjacent to the Weber Building for a two -year term with an option to renew under the same terms and conditions for additional three one -year terms, all 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 authorize the aforesaid contract for the purposes set forth therein creates a public emergency and an 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 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 3rd day of October, 1973. ATTEST: City ecret ry MAYO THE CITY OF CORPUS CHRISTI, TEXAS D: DAY OF OCTOBER, 1973: 0 : City Attorney - THE STATE OF TEXAS § COUNTY OF NUECES § INDENTURE OF LEASE THIS INDENTURE OF LEASE MADE AND ENTERED INTO by and between NORMAN M. PINSON and M. CATHERINE PINSON, hereinafter called Landlord, and the CITY OF CORPUS CHRISTI, of Nueces County, Texas, hereinafter called Tenant, WITNESSETH: ARTICIZ I DEFINITIONS Except as other�;ise specifically defined hereinafter, the following terms, for the purpose of this lease, shall be defined as follows: 1.1 Date of Lease: 1.2 Term of Lease: Two years with option to renew under same terms and conditions for additional three one -year terms. 1.3 Fixed Annual Rental: $21,000.00 for each the 2nd floor and the 3rd floor per year. 1.4 Security Deposit: None 1.5 Permitted use: Offices for the personnel of the City of Corpus Christi, Texas. 1.6 Number of offices to extend: None 1.7 Name of Tenant: City of Corpus Christi, Nueces County, Texas. 1.8 Address of th8 Tenant: Box 9277, Corpus Christi, Texas 78408. 1.9 Address of Landlord: Norman M. Pinson and M. Catherine Pinson, P. 0, Box 282, Corpus Christi, Texas 78403. 1.10 Demised Premises - Second Floor: Approximately 7,000 square feet of space comprised of the entire second floor, (not including.the air conditioning room) of the premises hereinafter described: being located in the Weber Building, at 321 Mes ite Street, Corpus Christi, Texas, located on Lot Five F5), in fractional Block number Seventeen (17), Beach Portion Addition to the City of Corpus Christi, Texas, as shown by a map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, - Texas. 1.11 In addition to the rental recited herein, Tenant also agrees to pay as a rental cost an amount not to exceed $13,751.60 (or the amount of the cost of remodeling, if lesser),, in one lump sum payment, which sum shall constitute a rental payment for cost of remodeling the demised premises in accordance with the specifications of Tenant and which but for said remodeling said demised premises would not be useable by Tenant and said payment is for the additional rental value to Tenant of said demised premises. This amount is agreed by and between the parties hereto to represent the additional fair rental value of the demised premises. Third Floor: Approximately 7,000 square feet of space comprised of the entire third floor, not including the air conditioning room of the premises hereinafter described: Being located in the Weber Building, 321 Mesquite Street, Corpus Christi, Texas, located on Lot Five (5) in fractional Block Seventeen (17), Beach Portion Addition, to the City of Corpus Christi, Texas, as shown by a map or plat thereof, recorded in Volume A, Page 3, Map Records of Nueces County, Texas. Together with parking spaces numbers 44, 45, 46 and 47 contained in Lots 3 and 4 and Fractional Lots g and 10 in Fractional Block 17, Beach Portion of the City of Corpus Christi. ARTICLE II DEMISE AND TERM In consideration of obligation of the tenant to pay rent as hereinafter provided and in consideration of the terms, covenants and conditions hereof, landlord hereby lets, demises and leases unto Tenant and Tenant hereby takes from Landlord the demised premises as defined in Article I, Paragraph 1.10 hereof, for a term commencing, for each the second and third floors, on date of actual possession given to Tenant, ending, as to each floor, on the 1st day of the 1st month immediately following the expiration of that number of years and months specified'.in Article I, Paragraph 1.2 after the rental commencement date as hereinafter defined, all on the terms and conditions hereinafter set forth. ARTICLE III RENT 3.1 Rental shall accrue hereunder from and after the ren- tal commencement date which is the date of actual possession given Tenant by Landlord as to each the second floor and the third floor, as shall be pay- able to the Landlord, monthly in advance at Land- lord's address as hereinabove set out or such other place as may be designated by landlord. 3.2 Tenant shall pay to Landlord an annual fixed rent in the amount specified in Article I, Paragraph 1.3. Said annual fixed rent shall be payable in equal monthly installments, each in the sum of one- twelfth'(1/12) of said annual fixed rent, monthly in advance on the lst day of each month during the continuance of the term of this Lease. If such rent shall be payable for a fraction of a month, the amount payable shall be that sum that shall equal the product of the one - twelfth (1/12) of said annual fixed rent, multiplied by a fraction, the numerator of which shall be the number of days of said fraction of said month and the denominator of which shall be the total number of days of said month. 3.3 Should the general real estate taxes, assessments and governmental charges levied against the build- ing for the real estate tax year next ensuing after. Tenant shall have been in operation in the demised premises for one (1) calendar year from the rental commencement date, or during any subsequent real estate tax year of the term of this Lease or any renewal or extension thereof, exceed the general real estate taxes, assessments and governmental charges levied against the Weber Building for the real estate tax year in which the rental commence- ment date occurs, Tenant shall pay to Landlord as an additional amount fixed rent, a proportionate share of such increase, computed on the ratio that the total floor area of the demised premises bears to the gross lease area included within the Weber Building, as said gross lease area exists on the Ist day of January of said year. Such excess in said general real estate taxes, assessments and governmental charges shall be paid in monthly installments each in a sum equal to one - twelfth (1/12) of the total of such excess, beginning with the next ensuing rental payment date following the date upon which notice of such increase is received by Landlord of such increase. ARTICLE IV COMMON FACILITIES AND AREAS The common facilities and areas of the Weber Building are that part of the Weber Building designated by the Landlord from time to time for the common use of all tenants of the building, including among other facilities, sidewalks, landscaping, curbs and hallways on the first floor of the building. ARTICLE V USE AND CARE OF DEMISED PREMISES 5.1 The demised premises may be used and occupied solely for the permitted use, as defined in Article I hereof. Tenant shall not at any time leave the demised pre- mises vacant, but shall in good faith and with due diligence and efficiency continuously throughout the term of this Lease, operate the business for which the demised premises is leased. -3- 5.2 Tenants shall not, without Landlord's prior written consent, keep anything within the demised premises or use the demised premises for any purpose which increases the insurance premium cost or invalidates any insurance policy carried on the demised premises or any part of the Weber Building. If landlord should consent to such use and occupancy by Tenant, Tenant shall pay on demand as additional rent, the additional insurance premiums resulting from such use and occupancy. All property kept stored and maintained within the demised premises by Tenant or those claiming under the Tenant shall be at the Tenant's sole risk. 5.3 Tenant shall take good care of the demised premises and keep the same free from waste at all times. Tenant shall keep the demised premises, service ways and areas adjacent to the air conditioning equipment neat, clean and free of dirt and rubbish at all times and shall store all trash and garbage within the demised premises in the kind of container specified by Landlord and shall deposit said materials in areas designated from time to time by the landlord for placement thereof, or in absence of specification approved by landlord. landlord will provide or desig- nate a service for picking up refuse or garbage. Tenant shall use same at landlord's expense. Should Tenant require more refuse or garbage service than the City of Corpus Christi Sanitation Department is willing to provide, then Tenant shall be responsible for paying any additional costs incurred by landlord. 5.4 Tenant shall procure and maintain at it's sole expense any permits or licenses required for the transaction of such business as it desires to transact in the demised premises and otherwise comply with all appli- cable laws, ordinances, and governmental regulations. Tenant will be responsible for causing its employees, customers, sub - tenants, licensees and concessionaires to comply with all such laws, ordinances and regula- tions. Should the failure of the Tenant, its employees, customers, sub - tenants, licensees or concessionaires to comply with such laws, ordinances or regulations result in any claim or action for penalty or damages being filed against landlord, Tenant shall promptly pay, settle and compromise such penalty or claim and hold Landlord free from cost or loss therefrom. ARTICLE VI MAINTENANCE AND REPAIR OF PREMISES: ALTERATIONS: LANDLORD'S RIGHT OF ACCESS 6.1 Landlord shall keep the foundation, the exterior walls and roof of the demised premises in good repair, except that Landlord shall not be required to make any repairs occasioned by the act of negligence of the -4- Tenant, it's employees, customers, sub - tenants, licensees or concessionaires. In the event that any portion of the demised premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to landlord; and landlord .shall not be responsible in any way for failure to make any such repairs until landlord shall have failed to commence such repairs within thirty (30) days from the date of receipt of said notice in writing from then Tenant and thereafter proceeded diligently;to complete the same. 6.2 Tenant shall keep the demised premises in good, clean condition and shall at it's sole cost and expense make all needed repairs and replacements, including, but not limited to, replacement of cracked or broken glass and lightbulbs and ballasts, and repairs, replacements and alterations required by any govern- mental authority, except for repairs and replacements required to be made by landlord under the provisions of this lease. Tenants shall also make necessary repairs and replacements of its fixtures required for the proper conduct of its business. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice and deli- vered to Tenant by Landlord, Landlord may at their option, make such repairs without liability to Tenant or any loss or damage which may result to its fix- tures, stock or business by reason of such repairs and Tenant shall pay to Landlord upon demand, as additional rent hereunder the cost of such repairs, plus interest at the rate of ten percent (10%) per annum, from the date of payment by landlord until repaid by Tenant. At the expiration of this Lease, Tenant shall surrender the premises in good condition, reasonable wear and tear and loss by fire, any other casualty covered by a Landlord's insurance policy only accepted. 6.3 landlord's duty of maintenance, repair and replace - .ment shall extend to and include all air conditioning equipment installed in and serving the demised pre- mises. 6.4 Tenants shall not make any alterations, additions or improvements to the demised premises without prior written consent to the Landlord, except for installa- tion of unattached, moveable trade fixtures, which may be installed without drilling, cutting or other- wise defacing the premises. All fixtures installed by Tenant shall be new or completely reconditioned. All alterations, additions, improvements and fix - tures, other than non - attached, moveable trade fix- tures, which may be made or installed by either party hereto upon the demised premises shall remain upon and be surrendered with the premises and become part of the property of landlord at the termination of this Lease, unless Landlord requests their removal -5- in which event, Tenant shall remove the same and restore the premises to their original condition at Tenant's expense. Any linoleum or other floor covering of similar character, which may be cemented or otherwise adheasibly affixed to the floor of the demised premises, shall become the property of Landlord, all without credit or compen- sation to Tenant. 6.5 All construction work done by Tenant within the demised premises shall be performed in a good and workmenlike manner, in compliance with all govern- mental requirements. All costs of such work shall be paid promptly so as to prevent the assertion of any liens for labor or materials. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish bond or other security satisfac- tory to Landlord, against any such loss, liability or damage. Whenever Tenant proposes to do any con- struction work - within the demised premises, it shall first furnish the landlord plans and specifications in such detail as Landlord may request, covering all such work. Such plans and specifications shall com- ply with such requirements as landlord may from time to time prescribe. In no event shall any construc- tion work be commenced within the demised premises without landlord's written approval of such plans or specifications. landlord shall have the right to enter upon the demised premises at any time for the purpose of inspecting the same or making repairs or additions to the demised premises or making repairs, alterations or additions to adjacent premises or showing the demised premises to prospective purchasers, lessees or lenders. ARTICLE VII UTILITIES 7.1 landlord agrees to cause to be provided and maintained .-the necessary mains, conduits and other facilities necessary to supply water, gas, electricity, tele- phone service and sewage service to the demised pre- mises and subject to any special provisions contained in Exhibit "B" attached hereto. 7.2 Tenant shall promptly pay all charges for telephone service. Landlord shall promptly pay all charges for electricity, water, gas and sewage service. 7.3 landlord shall not be liable for any interruption whatsoever in utility services, not furnished by him, nor for interruptions in the utility services which are furnished by him which are due to fire, accident, strikes, acts of God, or other causes beyond the con- trol of landlord, or in order to make alterations, repairs or improvements. MI ARTICLE VIII INDEMNITY AND PUBLIC LIABILITY INSURANCE 8.1 landlord shall not be liable to Tenant or to Tenant's employees, agents or visitors or to any other person, whomsoever, for any injury to person or damage to property, on or about the demised premises, or in the common areas caused by the negligence or misconduct of Tenant, its employees, sub - tenants, licensees and concessionaires, or for any other person entering into the Weber Building, under the express or implied invitation of Tenant, or other tenants of the Weber. Building, or arising out of the use of the demised premises by Tenant and the conduct of its business therein or arising out of any breach or default by Tenants in the performance of its obligations here- under; and Tenant hereby agrees to indemnify land- lord and hold him harmless from any loss, expense or claims arising out of such damage or injury. 8.2 Tenant shall procure and maintain throughout the term of this Lease, a policy or policies of insurance, at its sole cost and expense, insuring Tenant against any and all liability for injury to or death to a per- son, or persons, or for damage through a destruction of property occasioned by or arising out of or in con- nection with the use or occupancy of the demised pre- _ mises, or by the conditions of the demised premises, the limits of such policy or policies to be in an amount of not less than One Hundred Thousand Dollars ($100,000.00) in respect to injuries to or death to any one person or in an amount not less then Three Hundred Thousand Dollars ($300,000.00) in respect of any one accident or disaster and in an amount not less than Fifty Thousand Dollars ($50,000.00) in respect of property damaged or destroyed or with such other limits as may be required by landlord, and to be written by an insurance company or companies satisfactory to Landlord. Tenant shall obtain a writ- ten obligation on the part of each such insurance com- pany to notify Landlord at least ten (10) days prior to cancellation of such insurance. Such policies or duly executed certificates of insurance shall be promptly delivered to Landlord in renewals thereof, shall be as required and shall be delivered to land- lord at least thirty (30) days prior to the expiration of the respective policy terms. If Tenant shall fail to comply with the foregoing requirements relating to insurance, Landlord may obtain such insurance and Tenant shall pay to Landlord on demand as additional rent hereunder, the premium cost thereof, plus inter- est, at the rate of ten percent (10%) per annum, from the date of payment by Landlord until repaid by Tenant. -7- 8.3 landlord and landlord's agents and employees shall not be liable to Tenant for any injury to person or damage to property sustained by Tenant or any person claiming through Tenant resulting from any accident or occurrence in the demised premises or any other portions of the Weber Building, including, but not limited to injury or damage caused by the demised premises or other portions of the Weber Building coming out of repair or by defect in or failure of equipment, pipes, wiring or broken glass or by the backing up of drains or by gas, water, steam, elec- tricity, or oil leaking or escaping or flowing into the demised premises, (except where due to landlord's willful failure to make repairs required to be made hereunder, after the expiration of a reasonable time after written notice to landlord of the need for such repairs), nor shall landlord be liable to Tenant for any loss or damage that may be occasioned by or through the acts or omissions of other Tenants of the Shopping Center of any other persons whomsoever. ARTICLE IX DAMAGE BY CASUALTY 9.1 landlord without costs to Tenant, shall cause to be maintained upon the building, which is the subject of this lease, a policy of insurance for fire and extended coverage for not less than 80% of the full insurable value thereof. 9.2 Tenant shall give immediate written notice to Land - lord of any damage caused to the demised premises by fire or other casualty. 9.3 In the event that the demised premises shall be damaged or destroyed by fire or any other casualty covered by Landlord's insurance and landlord does not elect to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at his sole cost and expense to rebuild and 'repair the demised premises, but Land- lord shall not be obligated to expend for such rebuilidng and repairing in an amount in excess of the insurance proceeds recovered by landlord as a result of such loss. If the building in which the demised premises are located shall (a) be destroyed or substantially damaged by casualty not covered by landlord's insurance, or (b) be destroyed or rendered untenable to an extent in excess of 50% of the leased area by casualty covered by Landlord's insurance, then in either of such events, Landlord may elect to either terminate this Lease or proceed to rebuild and repair the demised premises. Land- lord shall give written notice to Tenant of such - election within sixty (60) days after the occurrence of such casualty and if he elects to rebuild and repair, shall proceed to do so with reasonable dili- gence at his sole cost and expense. 9.4 landlord's obligation to rebuild and repair under this Article IX shall in any event be limited to restore in landlord's work till substantially the condition in which the same existed prior to the casualty. 9.5 Tenant agrees that during the period of reconstruc- tion or repair of the demised premises, it will con- tinue its operation of its business within the demised premises to the extent practicable. During the period from the occurrence of the casualty until landlord's repairs are completed, the fixed annual :rent shall be reduced proportionately on the basis of the fixed annual rental rate per square foot of area in the demised premises still useable by Tenant; however, there shall be no abatement or reduction of additional rent or other charges pro- vided herein. 9.6 In no event shall Landlord be liable to Tenant, its successors, customers, assigns or subrogees, or any person claiming under Tenant for any injury to per- sons, loss of life, damage to or loss of any pro- perty in or about the demised premises. All public liability and property damage insurance, fire and extended coverage insurance, and other insurance carried either by Landlord or Tenant, covering losses arising out of the destruction or damage to the demised premises or its contents or to other portions of the building or to Tenant's occupancy and to opera- tion of the Tenant's business therein, shall provide for waiver of rights of subrogation against landlord and Tenant on the part of the insurance carriers to the extent that same is permitted under the laws and regulations governing the writing of insurance within the State of Texas. Each party shall furnish the other with written acknowledgment of such waiver by their respective insurance carriers. ARTICLE X E UMM DOMAIN 10.1 In the event the fee comprising of the demised premises herein should be taken for. any public or quasi - public use under any governmental law, ordinance, regulation or by right of eminant domain or by private purchase in lieu thereof, either party shall have the option of terminating the term of this Lease by notifying the other of its election to do so on or before the date which is six months after tenant shall have received written notice from either landlord or the authority taking or purchasing for such public or quasi- public use of the absolute decision to take the floor area of the demised premises and upon such notice being given, the term of this Lease shall terminate and end - on the date physical possession is taken by the con- demning authority. 10,2 Except as expressly provided otherwise in Paragraph 10.1 above, any election to terminate this Lease following the taking for or any purblic or quasi - public use under any governmental law, ordinance, regulation or by right of eminent domain or by private purchase in lieu thereof, shall be evi- denced by written notice of termination delivered to the other party within thirty (30) days after the date on which physical possession is taken by such public or quasi- public use. 10.3 In the event this Lease is not terminated following a partial termination, Landlord shall make all necessary repairs and alterations necessary to make the demised premises an architectural whole provided landlord shall not be required to spend for such work in an amount in excess of the amount received by Landlord as damages for the part of the demised premises taken. "Amount received by landlord" shall mean that part of the word in condemnation (or the proceeds of a sale in lieu thereof), which is free and clear to landlord of any collection by Mortgagees for the value of the diminished fee, 10.4 'All compensation awarded for any taking (or the pro- ceeds of a private sale in lieu thereof) were for the whole or part of the demised premises shall be the sole property of Landlord, whether such sale is compensation for damages to landlord's or Tenant's interest in the demised premises, and Tenant hereby assigns all his interest in such award to such land- lord, provided, however, that landlord shall have no interest in any award made to Tenant for loss of business or for the taking of Tenant's fixtures or other property, within the demised premises as separate award for such items as made to Tenant. ARTICLE XI ASSIGM ENT AND SUB - LETTING 11.1 Tenant shall not assign or in any manner transfer this Lease or any estate or any interest therein, or sublet the demised premises or any part thereof, without the prior written consent of Landlord. Con- sent by Landlord to one or more assignments, or sub- letting shall not operate as a waiver of landlord's right as any subsequent assignments or subletors. Notwithstanding any assignment or subletting, Tenant shall at all times remain fully responsible and liable for the payment of rent herein specified in compliance with all of its other obligations under this Lease. The term, "sublet" shall be deemed to include the granting of licenses, concessions and any other rights of occupancy of any portion of the demised premises. 11.2 The liability of a Landlord to Tenant for any default by landlord under the terms of this Lease shall at all times be limited to the proceeds of sale on execution of the interest of the landlord , 10- in the Weber Building and Landlord shall not be per- sonally liable for any deficiency. In the event of the transfer and assignment by land- lord of their interest in this Lease and in the Building containing the demised premises, Landlord shall thereby be released from any responsibility hereunder and Tenant agrees to look solely to such successor in interest of the landlord for perform- ance of such obligations. 11.3 Tenant shall not mortgage, pledge or otherwise encumber its interest in this Lease or in the demised premises, nor may such interest be trans- ferred by operational loan. ARTICLE XII TAXES 12.1 Tenant shall be liable for all taxes levied against personal property and trade fixtures placed by Tenant in the demised premises. If any such taxes upon which Tenant is liable is levied against Land- lord on Landlord's property and if the Landlord elects to pay the same or if the assessed value of the landlord's property is increased by inclusion of personal property and trade fixtures placed by Tenant in the demised premises and landlord elects to pay the taxes based on such increase, Tenant shall pay to landlord upon demand, that part of such taxes for which Tenant is primarily liable here- under. 12.2 Tenant shell timely make and file such returns or reports as shall be required in connection with any and all franchise limited sales and used taxes and other'taxes, if any, levied by the State of Texas or County of Nueces or other governmental authority in connection with the operation of Tenant's business in the demised premises to secure the payment of which the State of Texas and other tax authorities may claim or assert a lien upon Landlord's property. After the making and filing of such returns and reports, Tenant shall pay, before same shall become delinquent, such taxes as furnished to Landlord, writ- ten certification or other evidence of such payment issued by the collection of said taxes. ARTICLE XIII DEFAULT BY TENANT AND LANDLORD IS REMMIES 13.1 The following events shall be deemed events of default by Tenant under this Lease: - (1) Tenant shall fail to pay any installment of rent due hereunder and such failure shall continue for a period of ten (10) days; (2) Tenant shall fail to comply with any term, .provision or covenant of this Lease other -11- than the payment of rent and shall not cure such default within fifteen (15) days after written notice thereof to Tenant; (3) Tenant shall desert or vacate any substan- tial portion of the premises, and (4) Tenant shall do or permit to be done any- thing which creates a lien upon the demised premises. Upon the occurrence of any of such events of default, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: (a) Terminate this Lease, in which event, Tenant shall immediately surrender the demised pre- mises to landlord, and if Tenant fails to do so, landlord may, without prejudice to any other remedy which he may have, for possession or arrears in rent, enter upon and take possession of the demised pre- mises and expel or remove Tenant and any other per- son who may be occupying said premises or any part thereof, by force if necessary, without being liable for prosecution or any claims for damages therefor; and Tenant agrees to pay to landlord, on demand, the amount of all loss and damage which landlord may suf- fer by reason of such termination, whether through inability to relet the premises on satisfactory terms or otherwise. (b) Enter upon and take possession of the demised premises and expel or remove Tenant, and any other person who may be occupying said premises or any part thereof, by force if necessary, without being liable for prosecution or any claims for damages therefor, and, if landlord so elects, relet the pre- mises on such terms as landlord may deem advisable and receive the rent therefor; and Tenant agrees to pay to landlord on demand, any deficiency that might arise by reason of such reletting. (c) Enter upon.the demised premises by force, if necessary, and without being liable for prosecu- tion or any claims for damages therefor, and do what- ever Tenant is obligated to do under the terms of this Lease; and Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur and this effecting compliance with Tenant's obligations under this Lease, and Tenant further agrees that land- lord shall not be liable for any damages resulting to the Tenant from such action, whether caused by the negligence of Landlord or otherwise. Pursuit of any of the foregoing remedies shall not pre- clude pursuit of any of the other remedies herein pro- vided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a for- feiture or waiver of any rent due to landlord hereunder or of any damages occurring to landlord by reason of the violation of any terms, provisions and covenants herein contained. Forebearance by Landlord to enforce one or MUFAI more of the remedies herein provided upon-event of default shall not be deemed or construed to consti- tute a waiver of such default.. In determining the amount of loss or damage which Landlord may suffer by reason of termination of this Lease or the defi- diency arising by reason of any reletting of the demised premises by Landlord as above provided, allowance shall be made for the expense of reposses- sion and any repairs or remodeling undertaken by Landlord following repossession. 13.2 If, on account of any breach or default by Tenant and Tenant's obligations hereunder, it shall become necessary for Landlord to employ an attorney to enforce or defend any of the landlord's rights or remedies hereunder, Tenant agrees to pay any reason- able attorneys' fees incurred by Landlord in such connection. 13.3 Landlord hereby acknowledges receipt from Tenant of one - twelfth (1/12) of fixed annual rent to be applied to the first accruing installment of rent. Al LANDLORD'S LIEN Landlord shall have at all times a valid lien fo all rentals and other sums of money becoming due hereunder f m Tenant upon all goods, wares, equipment, furniture, fixture and other per- sonal property of Tenant situated in the demised emises, and such property shall not be removed therefrom witho the consent of land- lord, until all arrears in rent, as well a any and all other sums of money then due to Landlord hereunder shall first have been paid and discharged. Upon the occurrenc of an event of default by Tenant, Landlord may, in additio to any other remedies provided herein or by law, enter upon he demised premises and take posses- sion of any and all goods wares, equipment, fixtures and furniture and other personal pro erty of Tenant situated on the premises with- out liability and r trespass or conversion and sell the same with or without not a at public or private sale, with or without having such proper at the sale, at which landlord and his assigns may purchase and apply the process thereof, less any and all expenses conn ted with taking possession and sale of the property, as a cre- d against all and any sums due by Tenant to Landlord. Any surplus -13- shall be paid to Tenant, and Tenant agrees to pay any deficien forthwith. Alternatively, the lien hereby granted ma fore- closed in the manner and form provided by the as Uniform Commer- cial Code for foreclosure of security erest or any other form provided by law. The statuto ien for rent is not hereby waived, the express contract en herein granted, being in addition and supplementary ereto, provided that no lien of any type is impressed hereby any public records of the City of Corpus Christi. ARTICLE XV In the event the Tenant remains in possession of the demised premises after the expiration of this Lease and without the execution of a new lease, it shall be deemed to be occupied in said premises as a Tenant from month to month at a rental equal to the rental herein provided and otherwise subject to all conditions, pro- visions, obligations of this Lease insofar as same are applicable on a month to month tenancy period. ARTICLE XVI NOTICES Whenever any notices required or permitted hereof, such notices shall be in writing. Any notice or document required or per- mitted to be delivered hereunder shall be deemed to be delivered whether actually received or not, when deposited at a point in the State of Texas in the United States Mail, postage prepaid, regis- tered mail, return receipt requested, addressed to the parties hereto at the respective addresses set out in Article I above, or at such other addresses as they may have theretofore specified by written notice delivered in accordance herewith. ARTICLE XVII MISCELIAMOUS 17.1 The captions used in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. -14- 17.2 One or more waivers of any covenant, term or con- dition of this Lease, by either party, shall not be construed as a waiver of the subsequent breach of the same term or condition. The considered approval by either party to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. 17.3 Whenever a period of time is herein prescribed for action to be taken by Landlord, landlord shall not be liable or responsible for and there shall be excluded from the computation of any such period of time any delays due to strikes, riots, acts of God, shortages of labor or materials, war, govern- ment loss, regulations, or restrictions or any other causes of any kind whatsoever which are beyond the reasonable control of landlord. At any time when there is outstanding a mortgage, deed of trust, or similar security instrument covering Landlord's interest in the demised premises, or the weber Building, Tenant may not exercise any remedies for default by landlord hereunder, unless and until the holder of the indebtedness secured by such mortgage, deed of trust, or similar security instrument shall have received written notice of such default and a reasonable time procuring such default shall there- after have lapsed. 17.4 This Lease shall be construed in accordance with the laws of the State of Texas and all obligations of landlord and Tenant under the terms of this Lease shall be payable and performable in Nueces County, Texas. 17.5 Landlord hereby covenants and agrees that if Tenant shall perform all of the covenants and agreements herein required to be performed on the part of the Tenant, Tenant shall, subject to the terms of this Lease, at all times during the continuance of this Lease, have the peaceful, quiet and enjoyment and possession of the demised premises. 17.6 This Lease contains the entire agreement between the parties and no agreement shall be effective to change, modify or terminate this Lease in whole or in part, unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification or termination is sought. 17.7 Tenant agrees that it will from time to time upon request by Landlord, execute and deliver to landlord a statement in recordable form, certifying that this Lease is unmodified and in full force and effect, (or if there has been a modification, that the same - is in full force and effect as so modified) and fur- ther, stating the dates to which rent and other charges payable under this Lease have been paid. -15- 17.8 Should any provision or this Lease be held invalid or unenforceable, the validity and enforcibility of all remaining provisions of this Lease shall not be affected thereby. 17.9 The terms, provisions and covenants contained in this Lease. shall apply, and adhere to, the benefit of, and be binding upon the parties hereto, their respective heirs, successors and interests and legal representatives, except as otherwise herein expressly provided. IN WITNESS WHEREOF, the parties hereof .have herein set their hands and seals this day and year set forth in Paragraph 1.1 of Article I of the date of this Lease. NORMAN M. PINSON M. CATHERINE PINSON CITY OF CORPUS CHRISTI By: THE STATE OF TEXAS § COUNTY OF NEC ES § BEFORE ME, the undersigned authority, on this day per- sonally appeared NORMAN M. PINSON' known to me to be the person whose name is subscribed to the foregoing instrument, and acknow- ledged to me that he executed the same for the purposes and con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , A. D. 1973. . Notary Public in and for Nueces County, Texas -16- THE STATE OF TEXAS § COUNTY OF IMCES § BEFORE ME, the undersigned authority, on this day per- sonally appeared M. CATHERINE PINSON, known to me to be the person whose name is subscribed to the foregoing instrument, and acknow- ledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , A. D. 1973. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS § -- COUNTY OF NUECFS § BEFORE ME, the undersigned authority, on this day per- sonally appeared of the CITY OF CORPUS CHRISTI, 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 consideration therein expressed, and in the capacity therein stated and as the act and deed of said City of Corpus Christi. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , A. D. 1973. Notary Public in and for Nueces County, Texas -17- THE STATE OF TEXAS COUNTY OF NUEC'ES X • SUBLEASE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, in May, 1967, the he'r.ein'after:'descri6ed property: was leased from Pearl L. Garrett, R. J. Garrett .and Mary Pearl Calbe, as Independent Co- Trustees of the Trust Estate created by the Will of J. E. Garrett, Deceased, and Pearl L. Garrett, Indivi- dually, then all of the County of Nueces, State of Texas, as Lessors, unto R. W. Depuy, as Lessee, on the terms and conditions set forth in the Parking Lot Lease Agreement attached hereto and made a part hereof as Exhibit A; and WHEREAS, by instrument dated January 7, 1971, the said R. W. Depuy, Lessee and Assignor, did assign such Lease to Norman M Pinson and wife, Martha Catherine Pinson, as Assignee, such assign- ment having been consented. to by the original Lessors of said Lease a true and correct copy of which is attached hereto as Exhibit B; and WHEREAS, by letter agreement dated January 26, 1971, a true and correct copy of which is attached hereto as Exhibit C, such Lease was amended as set out in Exhibit C and the term there extended to expire June 30, 1977, unless previously terminated pursuant to provisions set out in the Lease; and WHEREAS, the said Norman M. Pinson and wife, Martha Catherine Pinson, now desire to sublet the below described premises to City of Corpus Christi, Nueces County, and such City of Corpus Christi, Nueces County, has agreed to sublease such premises From Norman M. Pinson and wife, Martha Catherine Pinson, on the terms and conditions herein set forth; WITNESSETH: THAT WE, NORMAN M. PINSON and wife, MARTHA CATHERINE PINSON, of Corpus Christi, Nueces County, Texas, hereinafter called "Sublessor "; and CITY OF CORPUS CHRISTI, Nueces County, by and through its authorized representatives, hereinafter called "Sublessee "; do covenant, promise, contract and agree as Sublessor and as Sub- lessee with respect to the hereinafter described leasehold estate as follows: 1. Sublessor hereby subleases and demises unto Sublessee the following described real property situated in Corpus Christi, Nueces County, Texas, more particularly described as follows, to —wit: Lots Three (3) and Four (4), and Fractional Lots Nine (9) and Ten (10), Block Seventeen (17), Beach Portion of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plot thereof recorded in the Map Records of Nueces County, Texas. 2. The term of this Sublease shall commence and terminate upon termination of the Lease attached hereto and made a part hereof as Exhibit A and the amendment thereof attached hereto as Exhibit C, unless previously terminated pursuant tothe provisions of such Lease or the provisions of this Sublease. 3. Sublessee agrees to pay as rentals to Sublessor for the use of the leasehold estate the sum of $350.00 per month, payable In advance on or before the 1st day of and payable in advance on or before the 1st day of each and every month commencing 1973 and continuing thereafter during the remaining term hereof. 4. As additional consideration for this Sublease, Sublessee agrees to provide to Sublessor free and clear of any costs to Sublessor four (4) parking spaces for Sublessor's exclusive use during the term hereof, such parking spaces to be located in the spaces now bearing numbers 44, 45, 46 and 47, or at such other locations as Sublessor may designate if the arrangment of parking is hereafter changed by Sublessee. 5. Sublessee agrees to keep and perform all covenants, conditions and terms of the original Lease, attached hereto and made a part hereof as Exhibit A and the amendment attached as Exhibit C, in strict accordance with the terms thereof, except that Sublessee shall never be required to pay more than the sum of $350.00 per month as rent, anything contained in said original Lease to the contrary notwithstanding. 6. The leasehold estate sublet hereunder shall be used as a parking lot for automobiles and for no other purpose whatsoever, without the prior consent of Sublessor in writing first obtained. 7. Sublessee acknowledges that the leased premises are paved for use as u parking lot and that such premises are now suitable for such purposes; and Sublessee agrees to perform all repairs and do all improvements necessary to put the leased premises In good condition at Sublessee's sole cost and expense, and Sub- lessee further agrees to keep the subleased premises in good repair at its expense during the term of this Sublease, and upon final termination hereof to deliver the premises over to Sublessor in equal condition as received, reasonable wear and tear excepted. 8. It Is understood and agreed that consent to sublet shall not operate to diminish or discharge Nor man M. Pinson and wife, Martha Catherine Pinson, Assignees or R. W..Depuy, the original Lessee, from liability under the original lease. 9. In the event of a default of any of the terms of this Sublease or in any of the terms of the original lease attached hereto and made a' part hereof as Exhibit A and the amendment attached as Exhibit C by Sublessee, Sublessor shall have all the rights, remedies and actions available to the original lessors in the original Lease attached hereto and made a part hereof as Exhibit A as In the event of a default under said original Lease. 10. Sublessee shall not sublease or make any assignment of - 3- • • this Sublease or of the leasehold estate without the prior written consent of Sublessor being first obtained. 11. By the execution of this Sublease, Sublessee assumes all the liability and responsibility of the Sublessor, except to the extent modified herein under the Lease attached hereto and amendment *thereto and made a part hereof as Exhibits A and C, and shall indemnify and save harmless the Sublessor against and claim that may be made against the Sublessor in any way based on said Lease, including claims for attorneys' fees and court costs, and shall pay any judgment that may be recovered against the Sublessor as a result of the said Lease. _ 12. The Sublessee Does hereby accept this Sublease and Lease herein mentioned, and does hereby covenant and agree to per- form all the terms, conditions and agreements contained in said Lease to be performed and in this Sublease contained herein or their part to be performed. EXECUTED by the parties this the day of , 1973, effective as of , 1973. : Norman M. Pinson Martha Catherine Pinson SUBLESSOR ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: 26TH DAY OF SEP E BER. 1973: 1 r] pr4;,f - Cityy Attdrney Director of Finance By SUBLESSEE THE STATE OF TEXAS • I COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared NORMAN M. PINSON, 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 consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _day of , A. D. 1973. Notary Public in and for Nueces County, Texas THE.STATE OF TEXAS X COUNTY OF NUECES Z BEFORE ME, the undersigned authority, on this day personally appeared MARTHA CATHERINE PINSON, known to me to be the per- son whose name is subscribed to the foregoing instrument, and ac- knowledged to me that he executed the some for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _day of , A. D. 1973. otary Public in and for Nueces County, Texas THE STATE OF TEXAS Z COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared of the CITY OF CORPUS CHRISTI, Nueces County, known to me to be the person whose name Is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _day of , A . D. 1973. Notary PuUlic in and for Nueces County,. Texas PARKING LOT LrA E AGREEMENT THE STATE OF TEXAS 1! I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 11 That we, Pearl L. Garrett, ft. J. Garrett and Nary Pearl Cable, as Independent Co- Trusteas of a trust estate crootod by the 1'dlll of J. E. Go rett, Deceased; and Pearl L. Garrott individually; of the County of Nuecos, State of Texas, hereinafter called LESSORS; and R. W. Dopuy of McAllen, Hidalgo County, Texas, hereinafter called LESSEE; do covenant, promise, contract, and agreo as Lessors and as Losses with respect to the hereinafter described leasehold estate as follows, to -wit: WITNESSETH% I. Lessors hereby lease and demise unto lessee the following described real property situated in Corpus Christi, Nuecos County, Texas, more particularly described as follows: Lots Three (3) and Four (4) and fractional Lots Nina (9) and Ten (10), Block Sevonteen (17), Beach Portion of the City of Corpus Christi, Nuecos County, Texas, as shown by the map or plat tharoof recorded in the Map Records of Nuoces County, Texas. • ll. Tho form of this lease shall be five (5) yaars commencing July 1, 1967, and terminating June 30, 1972, unless previously terminated pursuant to provisions hereinafter sot forth. 111. The laasehold estate sholl be used as a parkins lot for automobiles and for no other purpo3e whatsoever without the prior consent of Lessors in writing first obtained. IV. Lessee agrees to pay as rentals to Lessors for use of the leosehold estate the sum or Throe Hundred Fifty Dollars ($350.00) per month, payable in advance on or before the first day of each and every month during the term hereof, the first months rental and the last three (3) months rentals paid In advance by Losses to Lessors, receipt thereof hereby aeknowledgod by Lessors. M11DIT A Lessee acknowledgas that the loused promises are pavod for use as a porking lot and that such promises are In good repair and suitable for such purpose; and Lessee agrees to keep the leased promises in good repair at his expenso during the term of this loose and upon final termination hereof to daliver the premises over to Lessors In equal condition as received, reasonable wear and tear excepted. VI. Ad valorem taxes shall be paid by Lessors except that, if ad valorem tares be increased in excess of the amount of such taxes paid by Lessors on the leasehold promises for calendar year 1955, than the excess of any increase of ad valorem taxes assessed against the leasehold estate during the term of this lease shall be payable by Lessee to Lessors upon Lessors furnishing to Lessee copies of tax receipts for calendar year 1966 and for the year for which any claim for payment of Increased ad valorem taxes Is asserted by Lessors against Losses as to any increase thereof pursuant to provisions heroin. VII. Lessors may terminate this lease at any time during the term hereof by giving not less than six months prior notice, in writing, to Lessee of intent to terminate setting forth the date of termination In such notice. If Lessee default In the timely payment of rentals as required hereunder; or if lessee be In breach of any covenant set forth herein to be performed and done by Lessoet then Lessors, at their election, may give notice in writing of such default to Lessee and If default not be cured within thirty (30) days from date of posting of such notice of default, this lease shall be terminated and, in addition to right of peaceful possession, Lessors shall have all remedies available to Lessors both in low and in equity Including, if default in payment of rentals by Lessee to Lessors be the event of default, right of recovery of all rentals payable by Lessee to Lessors for the balance of the unexpired loose term mltigatod only by rentals actually received by Lessors from other tenant or tenants for the unexpired louse term. If Lessors shall receive, and determine to accept, an offer for sale of the leasehold -estate during the lease form, Lessors shall furnish Lessee copy of such offer if in writing, or -2- • i make affidavit of such offer, to Lessee such offer be- verbol and not reduced to writing, and .-Lessee shall have fifteen (15) days from the date of communicotlon of-such offer from Lessors to Lessee in which to purchase the leasehold estate from lessors for the price; and upon the terms and conditions, of such offer. If Lessee shall not have exorclsod right of purchase by .notice In writing to Lossors of intent to exercise such right within such fifteen day period, then Lessors shall be at liberty to tonminate this lease by giving six (6) months notice to Lessee as aforesaid and shall ba privileged to sell the leasehold estate to offeror or offeror's assigns who tendered offer communicated by Lessors to. Lessee for Lessee's erarcise of right of purchase of leasehold ostate by meeting the price and terms and conditions of such offer. if, during the lease term, Lessors shall have opportunity to construct improvements on the leasehold estate in contemplation of leasehold estate o;r! constructed improvements to be leased to another tenant, and Lessors shall have given notice to Lessee that the lease term will be terminated on a certain date not less Phan six (6) months from the date of such notice pursuant to right of Lrossors so to do as set forth herein, then and In such case the parties agree that each will, in good faith, make every reasonable effort to cooperate with the other party to the end of giving Lessee as much time as possible to obtain other parking facilities In the vicinity of the leasehold estate and to give Lessors possession of the leasehold estate within such period of time as may be imposed upon Lessors to commence construction of improvements on the loose6old r-estate for occupancy by Lessee tenant thereof; _and,- in such case, if Lessee's occupancy be diminished to.lass than the minimum six (6) months notice period, Lessors shall pay to Lessee -arty actual damages incurred by Lessee In delivering over possession before - expiration of the '-elx (6) months period and, if Lessee's occuponcybe extended- bayrond.expirotion of six (6) months = notice period, then Lessee shat) pay to Lessors any actual domages incurred by Lessors by reason of such holding -over by Lessee of the leasehold estate. The foregoing sentence to the contrary -notwithstanding, Lessors shall have the absolute right to possession of premises after expiration of six (6) months notice period, and diminishment or extension d Lessee's right of occupancy of leasehold estate after recalpt of not less than six (6) months notice from Lessors to Lessee to terminate the leasehold is only to be treated as manifesting tha intent of the parties to coop --rotor each with the other, to the extent reasonably possible in flxinja time convenient to both -3- 'I" . i parties for termination of the lasso torm if Lessors Oro presented an opportunity to lm�r,)vo the leasohold estate and lease samo_to.a tunantuser thereof with improvements thereon. -'if this laoso not ba terminated during the five (5) year term hereof as provided for her oln, then Lossoo shall. at-tho expiration of the five (5) year term, have On option for an additional term, the length of time thereof and tl-* rentals payable to be negotiated by the parties provided that, if Lossce desire to exorcise such option, Lassce must give notice in writing to Lessors of Lessee's desire for an additional tone on or before Marcie 31, 1972. VIII. Lessee shall be solely rosponsiblo for all damages for injuries sustained by persons or their properties, including damages sustained by Lessee, his agents and employees, as well as patrons and third parties. Lessee hereby agrees to indemnify and hold Lessors harmless from injuries or damages sustained by persons or their properties arising out of Lessee's use of the leasehold estate and to secure the performance of this covenant. Lessee agrees to carry i wners'; Landlords' OrW Tenants' insurance naming Lessors as insureds, with policy limits of not less than Ton Thousand Dollars ($10,000-.00) for property damage and One Hundred Thousand D61lors ($100,000.00) -= Thrvo t-lundred Thousand Dollars ($300, 000. 00.) for injuries to persons, with certificate thereof to be furnished by Lessee to Lessors. - - IX. Lessee shall not sub -lease or make any assignment of this lease or of tho leasehold ®state without the prior written consent of Lessors being first obtained. u T Lessee ogress to confer.,, to cl! -Inws and regulations of a ftovernmental authorities having jurisdiction-irt fhe premisos.—,nCY1M1 - -.'4 . s Any notice required or permitted to be served by either party upon the other pursuant to provisions hereof shall be given in writing and posted by certified mail - return receipt requested. Any such notice from Lessors to Lessee shall be addressed to Lessee at 600 Wichita Street, Apartment 501, McAllen, Texas, with copy thereof to Joseph Hans, 1314 Santa Fe Strout, Corpus Christi, Texas. Any such notice from Lessee to Lessors shall be addressed to -4- r i • i. R. J. Garrott, 251 Amistd Stroot, Corpus Christi, Texas, with copies thereof to J. D. Cable, 3525 Ocean Drive, Corpus Christi, Texas, and William H. Dloch, Dloch & Walton, First Savings Building at Six Points, Corpus Christi, Texas. IN WITNESS WHEPEOF, tho portlos hereto have sot th ,-ir hands, executing this document in triplicate, any copy of which shall ba deemed an original, this day of May, 1957, binding hereby and hereunder thatr respective holm, successors, and assigns. oor Garrett J. ' 'arrott Mary P cid Cable Co- Trustees of the Estate of J. E. Garrett, Deceased. Pearl L. Garrott, Individually LESSORS Depuy LESSEE ASSIGN1110T OF LEASE 4TEE STATE OF TEXAS ` § COUNTY OF NUECES § KNOW ALL „MEN BY THESE PRESENTS: THAT R. W. DEPUY of Corpus Christi, Nueces County, Texas, hereinafter called "Assignor ", in consideration of the sum of ONE DOLLAR ($1.00) and other valuable considerations paid by NORMAN M. PINSON and wife, MARTHA CATHERINE PINSON, of Corpus Christi, Nueces County, Texas, hereinafter called "Assignee ", hereby assigns unto the Assignee, their heirs, successors and assigns, a certain Lease made by Pearl L. Garrett, R. J. Garrett and Mary Pearl Cable, as Independent Co- Trustees of a trust estate created by the Will of J. E. Garrett, Deceased, and Pearl L. Garrett,.Individually, of Nueces County, Texas, to the Assignor herein, dated in May, 1967, covering premises described as follows: Lots Three (3) and Four (4) and fractional Lots Nine (9) and Ten (10), Block Seventeen (17), Beach Portion of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in the Map Records of Nueces County, Texas, together with the premises therein described, and the buildings thereon, with the appurtenances and with any and all options for renewal or extension of said Lease.. TO HAVE AND TO HOLD THE SAME unto the Assignee, their .heirs, successors and assigns, from the % dap of January, 1971, for all the rest of the term of said Lease-and/or extensions thereof, subject to the rents, covenants and provisions therein also mentioned. And the Assignor hereby covenants that the said Lease is free-from encumbrances, and that the said•Lease is valid and existing according to its terms: F'{ OBIT B r • By the acceptance of this assignment, the Assignee assumes all the liability and responsibility of the Assignor under the Lease hereinbefore set forth and shall indemnify and save harm- less the Assignor against any claim that may be made against the Assignor in any way based on said Lease, including claims for attorney's fees and court costs, and shall pay any judgment that may be recovered against the Assignor as•a result of the said Lease. The Assignee does hereby accept the assignment of the Lease herein mentioned and does hereby covenant and agree to per- form all the terms, conditions and agreements herein contained on their part to be performed. A-'true and correct copy of the Lease herein assigned is attached hereto and made a part hereof. MOU by the parties this the 744 day of January, 1971, f ' R. V. DE� i JX SIGNOR OR MAN M. PIiIMON MARTHA CATHERINE PINSON ASSIGNEE -2= 5TATE OF TEXAS § • 4 ccc;;r� o� NUECES § BFFORE VE, the undersigned authority, on this day per- j nora2ly appeared R. W. DEPUY, known to me to be the person whose r.w o J.n subscribed to the foregoing instrument, and acknowledgcd t to r.o that he executed the same for the purposes and consideration I thercin cxpressed. Y1i GIVEN UNDER MY HA JO AND.SEAL OF OFFICE on this the day of January, A.D. 1971• Notary Public in and for Nueces-County, Texas THE STATE OF TEXAS § COUNTY OF NCTECES § BEFORE ME, the undersigned authority, on this day per- sonally appeared NOR14AN M. PINSON, known to me to be the person whose name is subscribed to the foregoing instrument, and acknow- ledged to me that the executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 7 day of January, A.D. 1971. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, on this day per- sonally appeared MARTHA CATHERINE PINSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL -OF OFFICE on this the L day of January, A.D. 1971. �C lei (c-, L.GL -�•. �c �-ry Notary Public in and for Nueces County, Texas r -3- CONSENT TO ASSIG j_P� 1171.' BY LANDLORD a We, the undersigned, Lessors in the Lease assigned in tho foregoing Assignment of Lease, do hereby consent to the fore- Assignment. It is understood and agreed that this consent shall not operate to- discharge R. W. Depay, the original Lessee, from liability under the Lease. tZ- - SIGNED this day of January, 1971. PEARL L. GARRETT R. J GARRETT ••MARY PEARIJ U3LE Co- Trustees of the Estate of J. E. Garrett,, Deceased PEARL L. GARRETT, Individually .yF tir. Don Cable 3525 Ocean Drive Corpus Christi, Texas January 26, 1971 P. 0. Box 282 Corpus Christi, Texas HE: Lease on Lots 3 ez 4 and Fractional lots 9 & 10, Block 17, Beach Portion to the City of Corpus Christi., Nueces County, Texas - Assignment and 14odi -- fication of Terns of Lease Dear Mr. Cable: The J. E. Garrett Estate bas this day consented to the assignment of the lease on the captioned promises from the state to R. J. Depuy. In connection with this assignment and in consideration of the agreement by tllw under sigr:ed assigr_ees zo assume the obli- gation under said lease, the J. E. Gar_ -ett Estate has agrood.to the modifications hereinafter set forth. This letter gill evidence the modifications of the lease as per agreement by the Trustees of the J. E. Garrett Estate and us. The modifications are as follows: 1. Paragraph II of the Lease is modified to read as follows: "The term of this lease mall be ten (10) years, co =encing July 1, 1967, and ter- LLtrating June >_:5,",1977, unless previously terminated pur- suant to provisions hereinafter set forth." ' 2. The first sentence of the third unnumbered para- graph of paragraph VII of the Lease is nodified to read as follows: "If Lessor shall receive and determine to accept an offer for the sale of the leasehold estate durirg the lease term, Lessors shall furnish Lessee copy of such offer, if in writ- ing, or take affidavit of such offer to Lessee, if such offer be verbal and not reduced to writing, and Lessee shall have thirty, (30) days from the . EDIT C 74 1 . 14r. Don Cable Page 2 January 2G, 19-i1 date of cozzunication of such offer from Les - sors to Jrssee in which to purciase tha lease- hold estate from Lessors for the price, and upon the terms and conditions, of such offer." 3. All other terms of the Lease are to remain the same. If the above and foregoing is in accordance with the Trustee's understanding of the agreement, it is respectfully requested that you cause the Trustees to indicate their acceptance of these modi- fications by signing in the signature sp_ces anpearing, below and returning a copy of this letter to the undersiZned. Very truly yours, norman bl. Pinson ti op Martha Catherina Pinson AGR:-M AID APPROVED this '•c '. day of January, 1971: Pearl L. Garrett R. J. Garrett dary Pear ablePear aUle Co- Trustees of the Estate of J. E. Garrett, Deceased Pearl L. Ga rett, Individually L11 t i Corpus Christi, Texas day of , 19_Z4 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 r 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