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Home My WebLink About11987 ORD - 04/03/1974.J .1RR:jkh:hb:4 /l /74:lst • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH BROOKS CHAPEL A.M.E. CHURCH FOR 1469 SQUARE FEET OF SPACE LOCATED AT 2101 NORTH PORT AVENUE FOR TWELVE (12) MONTHS AT $100 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 authorized to execute a Lease Agreement with Brooks Chapel A.M.E. Church for 1469 square feet of space located at 2101 North Port Avenue for a term of twelve (12) months at $100 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 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 : Un spension of the Charter rule and that this ordinance be passed finally 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 day of April, 1974. A City Secr to MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED:�DAY OF APRIL, 1974: 6��: '� °�1 . 11987 JRR:=:jkh:hb:4 /2/74:lst LEASE'AGREEMENT A THE STATE OF TEXAS X CODNTr OF NOECES This contract by and between Brooks Chapel A.M.E. Church , 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 WBERXM, 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 Wes, federal funds have been made available to the City through a Title VII Grant of the Older Americans Act: NOW; :THEREFORE, KNOW ALL MEN BY THESE PRXSENTS: that Lessor and Lessee do enter into the following Agreement: I Lessor hereby leases to Lessee the following described property: 1469 Square feet of space located at 2101 North Port Avenue 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 sum of One hundred and no /100 dollars ($ $100.00 monthly, in advance, during the term of this lease. x ,,a�r�14 0 . 1 0 xe Lessor hereby agrees that in consideration for the monthly rental sum above ( $100.00 ), Lessee will pay all utility bills to the respective utility company or department on or before the let 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 let of each month. 9 Lessee acknowledges.that he has fully inspected the demieed 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 Lessee's 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. PI 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- ination 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 uauseable 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 termia ation, 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 sball be given at P. 0. Box 9277 Corpus Christi, Texas 78408. Notice to lessor shall be given at 2101 North Port Avenue Corpus Christi, Texas 78405 E MCDTED in duplicate original copies this the day of 1974. By LESSOR ATTEST: CITr OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 1974: City Attorney By R. Marvin Townsend, City Manager LESSEE Corpus Christi, Texas Aday 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, (��) � I - _�� MAYOR THE CITY OF CORPUS CHRISTI, TE 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 i 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