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HomeMy WebLinkAbout11986 ORD - 04/03/1974JRR:jkh:hb:4 /l /74:lst 0 is AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH JOSE RODRIGUEZ FOR THE LEASING OF AN 1800 SQUARE FOOT BUILDING LOCATED AT 519 WEST AVENUE A, ROBSTOWN, TEXAS, FOR TWELVE (12) MONTHS AT $175 PER MONTH FOR USE AS A TITLE VII NUTRITION PROGRAM KITCHEN AND MEAL SITE IN THE CITY'S SENIOR COMMUNITY SERVICES PROGRAM, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", 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, TEXAS: SECTION 1. That the City Manager be and he is hereby autho- rized to execute a Lease Agreement with Jose Rodriguez for the leasing of an 1800 square foot building located at 519 West Avenue A, Robstown, Texas, for a term of twelve (12) months at $175 per month, for use as a Title VII Nutrition Program Kitchen and Meal Site in the City's Senior Community Services Program, all as more fully set forth in the Lease Agreement, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes. SECTION 2. The necessity to enter into the aforesaid Lease Agreement at the earliest practicable date in order that the meals for the elderly may be provided as soon as possible 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 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 the,, � ay of April, 1974. ATTEST City Secrete MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED:_3� DAY OF APRI 1974: JRR:ML4i: jktt:hb:4 /2 /7kast. • i THE STATE OF TEAS X COUNTY OF NOECES � This contract by and between Jose Rodriguez , hereinafter referred to as Lessor, and the City of Corpus Christi, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter referred to as Lessee, W I T N E S S E T H WMEAS, the City of Corpus Christi has assumed by contract with the Community Action Agency its responsibility for preparation and delivery of meals to the elderly in accordance with Title VII of the Older Americans Act; and WHEREAS, federal funds have been made available to the City through a Title VII Grant of the Older Americans Act; and WHEREAS, so long as Title VII grant funds are made available to the City for this purpose, the City may lawfully provide such services outside the corporate limits of the City of Corpus Christi NOW,:THEREFORE, KNOW ALL MM BY THESE PRESENTS: that Lessor and Lessee do enter into the following Agreement: I Lessor hereby leases to Lessee the following described property: 1800 foot 'square building located at 519 West Avenue A. Robstown,_Texee II This lease shall be for a term of 364 days beginning and ending III " Lessee agrees to pay Lessor, or his designated agent the a= of One hundred and seventy -five and no /100 dollars ($ 175.00 monthly. in advance, during the term of this lease. • � Iv • Lessor hereby agrees that in consideration for the monthly rental sum above ( 175.00 ), he will pay all water and natural gas bills to the respective utility company or department on or before the 1st day of each month during the term of this lease to assure uninterrupted operation of the project, and copies of receipts or evidence of payment of said bills presented to Lessee on or before the 1st of each month. Lessee agrees to pay all electric bills to the electric utility company. Lessee acknowledges that he has fully inspected the demised Premises, and on the basis of such inspection, Lessee hereby accepts the demised premises, and the buildings and improvements situated thereon, as suitable for the purposes for which same are leased in their present condition, with such changes therein as may be caused by reasonable deterioration between the date hereof and the commencement date of this Lease. Lessor shall at all times at his sole cost and expense keep the roof, foundation, and exterior walls (excluding all windows and doors) of the buildings situated on the demised premises in good repair and condition, except that Lessee shall repair any damage caused by Lessees negligence or default hereunder. In the event that the building situated upon the demised premises should become in need of repair required to be made by the Lessor hereunder, Lessee shall give immediate written notice thereof to Lessor, and Lessor shall proceed promptly to make such repairs. Lessee shall throughout the term of this Lease take good care of the demised premises including the buildings and other improvements located thereon, keep them free from waste or nuisance of any kind, and make all necessary repairs, except those expressly required to be made by Lessor. At the end or other termination of this Lease. Lessee shall deliver up the demised premises with all improvements located thereon in good repair and condition, reasonable wear and tear and damage by fire, tornado, or other casualty only excepted. yI The Lessee shall not make any alterations, additions, or improvements to the demised premises without the prior written consent of -2- • the Lessor. All fixtures (including floor coverings), alterations, addi- tions and improvements (except trade fixtures) put in at the expense of the Lessee, shall be the property of the Lessor and shall remain upon and be surrendered with the demised premises as a part thereof at the term- motion of this Lease. VII The Lessor or his representatives shall have the right to enter the demised premises at all reasonable times to inspect and examine demised premises and to make alterations, changes or repairs to the demised premises as are herein required or as Lessor may deem necessary for the preservation of the demised premises. Lessee shall not be entitled to any abatement or reduction of rent by reason thereof. During the last thirty (30) days of the term of this Lease or any extension thereof, the Lessor.shall have the right to post "For Lease" and /or "For sale" signs on the demised premises and during said period the Lessor or his representatives shall have the right to show the demised premises to prospective tenants or purchaser at all reasonable times. VIII If the whole of the demised premises, or such portion thereof as will make premises unuseable for the purposes herein leased, be condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public aUthorities, and rental shall be accounted for as between Lessor and Lessee as of that date. such termin- atiou, however, shall be without prejudice to the right of either Lessor or Lessee to recover compensation and damage caused by condemnation from the condemnor. It is further understood and agreed that neither the Lessee nor Lessor shall have any rights in any award made to the other by any condem- nation authority. -3- Ix Either party to this lease may cancel same by giving thirty days notice, in writing, to the other party. Notice to lessee shall be given at P. 0. Box 9277 Corpus Christi, Texas 78408. Notice to lessor shall be given at 519 West Ave A Robstown. Texas 78380 EXECUTED in duplicate original copies this theL. day of 1974. By LESSOR ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 1974: City Attorney • By R. Marvin Townsend, City Manager LESSEE Corpus Christi, Texas I �?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 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 P 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 Stork