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HomeMy WebLinkAbout12438 ORD - 01/22/1975JRR:vp:1/21/75:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MRS. HERMAN GLOSSERMAN, ET AL, FOR PROPERTIES LOCATED AT 611 AND 613 NORTH CHAPARRAL STREET FOR USE AS MUNICIPAL PARKING FACILITIES UPON DEMOLITION OF STRUCTURES PRESENTLY LOCATED THEREON, ALL AS MORE FULLY SET FORTH IN THE LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MOM EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute a lease agreement with Mrs. Herman Glosserman, et al, for properties located at 611 and 613 North Chaparral Street for use as municipal parking facilities upon demolition of structures presently located thereon, all as more fully set forth in the lease, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize the aforesaid lease agree- ment in order that substandard structures may be demolished at the location aforesaid and to use said properties for municipal parking facilities 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 shell 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 ,U day of January, 1975. ATTEST: Cit Secret ry MAYO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 0 DAY OF JANUARY, 1975: City Attorney 12438 JB:HDP:hb:e:1/22/75 3rd I 1 • LEASE OF REAL PROPERTY THE STATE OF TEXAS COUNTY OF NUECES FOR AND IN CONSIDERATION of the covenants and provisions herein the parties hereto mutually covenant and contract for the lease of certain property as follows: The parties to this lease are the City of Corpus Christi,"Texas, a municipal corporation, body politic and home rule city, operating under the State statutes, hereinafter referred to as "City ", and Gladys Adele Glosserman; Nessye Scharlack; Ruth Jean Gurwitz; Elaine Davis; Mrs. Harold Scharlack as Executrix of the Estate of Harold Scharlack; Mrs. Sheppard Scharlack as Executrix of the Estate of Sheppard Scharlack; Harold Vexler and wife, Ester Scharlack Vexler; Howard Sacks; Frost National Bank as Administrator of the Estate of L. J. Scharlack; Bexar County National Bank as Administrator of the Estate of Milton Fink; and Nessye Scharlack as Guardian of the Estate and Person of Gary Marvin Scharlack, a minor, herein- after referred to as "Owners ". The property which is the subject of this lease and which is some- times hereinafter referred to as "the property" is described as Lot 3, Block 10, Beach Portion, an addition to the City of Corpus Christi, Nueces County, Texas. also designated as 611 and 613 North Chaparral Street, Corpus Christi, Texas. THE CITY COVENANTS AND AGREES THAT: 1. The City will pay into an escrow account held by the City a monthly amortization charge of $107.06, which escrow account will be period- ically applied to the payment and satisfaction of mechanics liens against the above described property for the cost of demolition of the buildings as herein provided for at a cost of $8,100.00. The monthly amortization charge will be computed as one -one hundred and twentieth (1/120) of the total amount including interest, if any, of all liens against such property,except taxes, arising in favor of the City by this or any other contract, or by law, from the demolition and clearing of existing improvements on the property at a cost not to exceed Eighty -one Hundred ($8,100.00) Dollars. 2. In addition to the monthly amortization charges provided for above, the City will pay to the agent of the Owners a monthly rental fee of $62.94, which is equal to One Hundred Seventy Dollars ($170.00) less the amount of the monthly amortization charge provided for above. 3. The payment provided for in paragraphs 1 and 2 above will begin one month after the date of occupancy by the City, as that date is defined below, and such payments shall continue monthly for a total of 120 months, unless this lease is earlier cancelled in accordance -with the provisions hereof. The date of occupancy by the City is defined for purposes of this paragraph 3 as being either the date on which the City completes or accepts all improvements to the property which are deemed necessary by the City for whatever use the City makes of the property, or six months after execution of this lease by the City, whichever occurs earlier. 4. At the expiration of the term of the lease or upon cancellation of this agreement in accordance with the provisions herein the City will vacate the property and release possession of the property to the Owners with all permanent improvements thereon, except, at the option of the City, any fixtures which can be removed without major damage to the property, in such condition as the property and improvements then exist, and without any charge to the Owners for demolishing structures or making improvements, except as may be expressly provided for in this agreement. 5. During the term of this agreement the City will pay all charges for utility services. THE OWNERS COVENANT AND AGREE THAT: 1. The Owners grant to the City peaceful possession and the right of use of the property for any purpose for the term of this lease. 2. The Owners grant to the City the right to demolish buildings and make improvements and the right to make any other changes and improvements which the City deems desirable or necessary for whatever uses the City puts the property provided that all costs of doing so which exceed the cost of $8,100.00 for such demolition and $6,000.00 for such change and improvements are to be borne and paid by the City. 3. The Owners will pay all taxes, before they become delinquent, which are assessed against the property by any taxing authority. sz s • 4. Upon cancellation of this lease by the Owners before the expiration of the term of this lease, the Owners will pay in a lump sum to the City the unamortized portion of the City's cost of making the improve- ments and changes to the property which have not exceeded $6,000.00 and the cost of demolition which have not exceeded $8,100.00. The City's cost is the amount paid to private contractors plus the amount paid for any materials supplied by the City plus the value of any City personnel or equipment used to accomplish the work; provided, however, that the total of said costs to be amortized, excluding costs of demolition are hereby agreed to be $6,000.00, or the actual cost, whichever is less. The cost will be amortized for the purpose of this provision 4 only, at the rate of $50.00 per calendar month or 1 /120th thereof if the cost is less than $6,000.00, computed on the first day of the month for each month for 120 months, beginning from the date of occupancy by the City, as that date is defined in paragraph 3 of the covenants made by the City. 5. One person will be authorized by the Owners as their agent with authority to receive notices for, represent, and bind the Owners in all matters relating to this agreement and relating to the assessment and payment of taxes and other statutory assessments levied by the City or by any authority for which the City collects such taxes or assessments. The term of this lease shall be from the date of execution hereof by the City and for ten years from the date of occupancy by the City, as that date is defined in paragraph 3 of the covenants made by the City. Either party may cancel the lease by giving to the other party sixty days notice in writing by certified or registered mail. If the City cancels this lease then it shall forfeit any unamortized part of the cost of the changes and improvements but shall be entitled to receive an installment as agreed to be paid herein on the remaining unamortized or unpaid portion of the $8,100.00 cost of demolition of the buildings. This contract may be executed by the Owners by means of the notarized signature of each individual owner or by the notarized signature of the agent for the Owners accompanied by both a sworn and notarized affi- davit by the agent that he has been authorized by each individual owner to represent and bind the Owners in this matter and by a written statement -3- from each individual owner authorizing the agent to represent and bind the Owners in this matter. Wherefore, witness our hands in execution hereof this day of , 1975. ATTEST: CITY OF CORPUS CHRISTI Bill G. Read, City Secretary CITY OF CORPUS CHRISTI Gladys Adele Glosserman Ruth Jean Gurwitz Mrs. Harold Scharlack as Executrix of the Estate of Harold Scharlack Harold Vexler Howard Sacks Frost National Bank for the Estate of L. J. Scharlack APPROVED: THIS DAY OF JANUARY, 1975: City Attorney -4- By R. Marvin Townesne, City Manager CITY OF CORPUS CHRISTI Nessye Scharlack Elaine Davis Mrs. Sheppard Scharlack as Executrix of the Estate of Sheppard Scharlack Ester Scharlack Vexler Nessye Scharlack as Guardian of the Estate and Person of Gary Marvin Scharlack, a Minor Bexar County National Bank for the Estate of Milton Fink APPROVED: THIS DAY OF JANUARY, 1975: Director of Finance • Corpus Christi, Texas _day of , 1921 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. Respectful 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 The above ordinance was passed by the following vote: Jason Lubv a-mes T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark