HomeMy WebLinkAbout11988 ORD - 04/03/19740r JRR:jkh:hb:4 /l /74:lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH DR. CLOTILDE GARCIA FOR THE
LEASING OF 828 SQUARE FEET OF SPACE LOCATED AT
3838 BALDWIN, CORPUS CHRISTI, FOR TWELVE MONTHS
AT $100 PER MONTH, FOR USE AS A TITLE VII
NUTRITION PROGRAM KITCHEN AND MEAL SITE BY TEE
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 be is hereby authorized
to execute a Lease Agreement with Dr. Clotilde Garcia for the leasing of
838 square feet of space located at 3838 Baldwin, Corpus Christi, for a
term of twelve (12) months at $100 per month, for use as a Title VII
Nutrition Program Kitchen and Meal Site by 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 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 day of April, 1974.
ATTES
c
City Secrekaryf MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
APPROPID:_ DAY OF APRIL, 1974:
CA-9 A y mey
✓t�
11988
lJRR:MLM:jkh:hb:4 /2/74:lst-
YI�ciS�a�;
THE STATE OF TEEAS X
X
COUNTY OF NUECES X
This contract by and between Dr. Clotilde Garcia
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:
WHEREAS, 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
C7
through a Title VII Grant of the Older Americana 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:.
838 square feet of space located at 3838 Baldwin
II
This lease shall be for a term of 364 days begin
and ending
aII
Lessee agrees to pay Lessor, or his designated agent the sum of
One hundred and no /100 dollars Q 100.00
monthly, in advance, during the term of this lease.
X " ' ('
l��`7- "
•
IV
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 Ist 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.
V
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 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.
VI
The Lessee shall not make any alterations, additions, or
improvements to the demised premises without the prior written consent of
-2-
0'
•
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.
BII
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 rant 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 allthorities, and rental shall be
accounted for as between Lessor and Lessee as of that date. Such termin-
ations 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-
IR
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
2601 Morgan
Corpus Christi, Texas 78405
E MCUTED in duplicate original copies this the 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
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 thin 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 w .
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff 154 _e
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark