HomeMy WebLinkAbout11722 ORD - 10/03/1973JRR:jkh:10 -3 -73; 2nd
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE JONES PROPERTIES FOR THE
RENTAL OF OFFICE SPACE IN THE JONES BUILDING
TO BE OCCUPIED BY THE DATA PROCESSING DEPART-
MENT OF THE CITY OF CORPUS CHRISTI FOR A TERM
OF TV7O YEARS WITH AN OPTION TO RENEW FOR THREE
ADDITIONAL TERMS OF ONE YEAR EACH, ALL 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 to execute a contract with the Jones Properties
for the rental of 4,932 square feet of office space in the Jones
Building to be occupied by the Data Processing Department of
the City of Corpus Christi for a term of two years with an option to
renew for three additional terms of one year each, all as more
fully set forth in the contract, a copy of which is attached
hereto, marked Exhibit "A ", and made a part hereof.
SECTION 2. The necessity to immediately authorize
the execution of the aforesaid contract for the purposes stated
therein 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 and 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 theiit,��
day of to "- 1973.
ATTEST•
City Sec et ry / MAYO
_, THE CITY OF CORPUS CHRISTI, TEXAS
JRR:MLM:hb:9 /26/73:lst •
THE STATE OF TEXAS X
COUNTY OF NUECES X
This agreement of lease by and between the Estate
of Benjamin Eshleman, Jr., Lorine Eshleman Vogt, W. W. Jones II,
and Kathleen Jones Alexander, 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 Lessbr does by these presents lease
and demise unto the said Lessee the following described prop-
erty lying and being situated in the City of Corpus Christi,
Nueces County, Texas, to -wit:
1. The 8th floor of the W. W. Jones Building
located at 317 Peoples Street and consisting
of 4,932 square feet and being further
described as a portion of Lot 7, Block 4,
Beach Addition, Corpus Christi, Nueces County,
Texas and
2. Thirty (30) parking spaces located on
Fractional Lot No. 11 and all of Lot 12, Block
4, Beach Addition of the City of Corpus
Christi, Texas;
for the term of two (2) years beginning on the 1st day of
November, 1973 and ending on the 30th day of October, 1975
paying therefor the sum of Sixty Thousand Nine Hundred Fifty -Nine
and 52/100 Dollars ($60,959.52) by advance monthly payments,
to -wit: Two Thousand Five Hundred Thirty -Nine and 98/100 Dollars
($2539.98) on the 1st day of November, 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
920 Jones Building, Corpus Christi, Texas, monthly in advance, as
aforesaid as the same shall fall due, for the full term hereof.
,,,a
2. The Lessor agrees to furnish at its own expense
the following:
A. Normal janitorial service.
B. General electrical service.
C. Central heat and air conditioning.
D. Routine building maintenance.
E. Relocation of partitions, remodeling,
relighting, redecorating, and installation
of light fixtures according to plans
previously submitted with the original bid.
F. All utilities (with the exception of
additional power required for data pro-
cessing equipment).
3. Lessee agrees that the following items will be
furnished at its own expense:
A. Electrical power for data processing equip-
ment operation.
B. Electrical power service for data processing.
C. Elevated false floors for covering power
cables.
D. Supplementary air conditioning or humidity
control for data processing room and electrical
power and service therefor.
E. Separate electical metering for data processing
equipment and air conditioning or humidity
control.
4. 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
elements excepted.
5. That the Lessee shall, in case of damage by
fire or other hazards included under "extended coverage" in-
surance, give immediate notice to the Lessor, who shall thereupon
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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
building, 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.
6. Lessee shall maintain, at its expense, a policy
of public liability insurance with respect to the leased premises
naming 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.
7. 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
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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 make good any deficiency.
S. 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:
W. W. Jones II
P. 0. Box 2766
Corpus Christi, Texas 78403
9. All alterations and additions affixed to such
building by Lessee shall become property of Lessor at the end
or earlier termination of this lease unless removed by the
Lessee.
10. Lessor agrees to furnish at no additional cost
additional storage space in the amount of approximately 600
square feet on the ground floor if the live load capabilities
in the storage area on the 8th floor do not meet 200 pounds
per square foot.
11. The Lessee shall have the right to renew this lease
for an additional 3 terms of one year each at an annual rental
of Twenty Thousand One Hundred Twenty -Two and 56/100 Dollars
($20,122.56), (4932 sq. ft. at $0.34 /sq. ft. per month) to be
paid in equal monthly installments, commencing November 1, 1975.
Said option may be exercised at any time prior to the last
three (3) months of the term of this lease by written notice
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from Lessee to Lessor, by certified mail addressed to Lessor
at the address designated in paragraph 8, above.
IN TESTIMONY WHEREOF, the parties to this agree-
ment have hereunto set their hands, in duplicate, this the
day of , 1973.
Estate of Benjamin Eshleman, Jr.
By
for Corpus Christi State National
Bank, Co- executor
By
Florence S. Eshleman, Co- executor
Mary Ellen Lear, Agent and Attorney
in fact for Lorine Eshleman Vogt
W. W. Jones II
Kathleen Jones Alexander
LESSORS
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
City Attorney R. Marvin Townsend, City Manager
LESSEE
APPROVED AS TO G FORM
THIS AY OF�.
1973:
'41 '14v".e
C ,Fy A tonne
Director of Finance
Corpus Christi, Texas
iA,k day of , 192.3
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 '—I0 1
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