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Home My WebLink About12641 ORD - 06/11/1975jkh:6- 10 -75; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE- MENT WITH HELIO L. PEREZ FOR APPROXIMATELY 3200 SQUARE FEET OF SPACE LOCATED AT 900 WESTERN STREET IN ROBSTOWN, TEXAS, FOR A TERM OF 12 MONTHS, 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 SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; 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 Helio L. Perez for approximately 3200 square feet of space located at 900 Western Street in Robstown, Texas, for a term of 12 months at a lease rate of $175 per month, for use as a Title VII Nutrition Program kitchen and meal site in the City of Corpus Christi's senior Community Services Program, all as more fully set forth in the lease agreement, in substantially the form attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid lease agreement at the earliest practicable date in order that the kitchen and meal site may be readied for use in the Title VII Nutrition Program for the Senior Community Services Program 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 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 _ZL_day of June, 1975. ATTEST: City Secretary - APP VED: DAY OF JUNE, 1975: Acting City AtTo rney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 12641 -III, MM:AMcG:vp :6 -3 -75 LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement made this day of June, A.D. 1975, between Helio L. Perez as Lessor and the City of Corpus Christi, a municipal corpora- tion, as Lessee: W I T N E S S E T H: That the Lessor does hereby lease to the Lessee the following described property, being the lot and building at 900 Western Street in the City of Robstown, County of Nueces, State of Texas, and being more particularly described as follows: Lot 35, Block 5, San Pedro Addition, Robstown. Lessee to hold said premises for a term of twelve (12) months, begin- ning on the 16th day of June, 1975, and ending on the 15th day of June, 1976, for the purpose of conducting a nutrition program. Lessee has the option to renew this lease for a further period of one CI) year on the same terms and rental by giving to the Lessor thirty (30) days written notice of its election so to do. Lessee has the right to terminate this lease by giving to the Lessor thirty 0301 days written notice of its election so to do. Any notice from Lessee to Lessor under or in regard to this lease may be served by mailing a copy thereof to the Lessor at 643 West Ligustrum Street, Robstown, Texas, or at such other place as the Lessor from time -to- time in writing may appoint. In consideration for this lease Lessee shall pay a rental during the term of this lease at the rate of One Hundred Seventy -Five ($175) Dollars per month, payable in advance on the first day of each calendar month, except that Lessee shall pay Eighty -Seven and 50/100 Dollars ($87.50) on or before the 16th day of June, 1975, for the period from the 16th to the 30th of June, 1975, and shall pay Eighty -Seven and 50/100 Dollars ($87.50) on or before the 1st of June, 1976 for the final period from 1st of June to 15th of June, 1976. I Lessee shall, at its own cost and expense, throughout the term of this lease, and so long as Lessee shall remain in possession of the demised premises, keep and maintain the premises in good repair (except as herein- after provided) and at the termination of this lease, Lessee shall deliver up the demised premises in as good condition as at the beginning of the term, natural deterioration, depreciation and damage by fire and the elements only excepted. II Lessor agrees to leave in place at the demised premises the follow- ing items of catering equipment: 1 large capacity refrigerator 1 large capacity freezer 1 large beverage cooler 1 large meat cutting table 23 tables 76 chairs. All of the aforementioned items must be usable when the lease begins. Lessee shall be responsible for any minor repairs or replacement needed for any of these items. It is understood and agreed that in the event any major repairs are needed to one or more of the aforementioned items, the Lessee may, at its option, make the necessary major repairs. However, Lessee is not responsible for major repairs to the aforementioned items. III Lessor agrees to leave in place at the demised premises, two Bryant Central Air Conditioning and Heating Units already installed. One of these two Bryant units, that situated in the dining room on the north side of the premises, is presently not in operating,condition. In the event that it has not been made operable by Lessor at the time Lessee enters into possession of the premises, Lessee may, at its option, have the necessary repairs made to that unit and have the cost of same deducted from the rent due to Lessor. Lessee shall be responsible for any minor repairs to either unit after the date that the aforementioned unit has been made operable. Lessee may, at its option during the term of this lease, make any needed major repairs to either unit. However, it is understood and agreed that Lessee is not responsible for making any needed major repairs to either unit. -2- H IV Lessee shall have the right to make such alterations, additions and improvements on said premises as it shell deem necessary, including but not limited to the installation of any further needed items of equipment, provided that any equipment and fixtures installed during the term of this lease or prior thereto by the Lessee, shall be regarded as removable fixtures, all or any part of which the Lessee, at its selection, may leave on such premises or remove within thirty (301 days of the date of termination of this lease. Lessee shall be responsible for the maintenance and repair of any additional equipment which Lessee may place on the premises. V Lessee shall not assign this lease or sublet said premises or any part thereof without the written consent of the Lessor and upon the termination of this lease shall surrender said premises, and the items of equipment listed in paragraph II above, to the Lessor in as good condition as at the beginning of the term of this lease, loss by fire or other casualty, ordinary wear and tear, and repairs chargeable to the Lessor excepted. VI Lessor shall have the right of access at reasonable times for examining said premises and for making any necessary repairs. VII Lessee shall pay for telephone, electricity, gas, water, sewer and garbage utilities during the term of the lease. VIII Lessor shall maintain adequate fire and storm insurance on the demised premises during the period of this lease and Lessor shall pay all ad valorem property taxes on the demised premises as they become due. Ix Lessor indemnifies and holds harmless the Lessee against any and all liability incurred as a result of Lessor's failure to make any necessary repairs to the demised premises or as a result of his negligence in making any necessary repairs to the premises. -3- I x In case said premises shall be rendered untenantable by fire or other casualty during said term, Lessor may rebuild said premises within thirty (30) days, but failing so to do, or if said premises shall be destroyed by fire or other casualty, this lease thereby shall be terminated; in the event of such a termination of this lease, Lessee shall be chargeable with rent only to the date of such fire or other casualty, and if Lessor shall rebuild within thirty (30) days,`Lessee shall be excused from payment of rent for the period of such rebuilding. XI The agreements, conditions, covenants and terms herein contained, shall in every case apply to, be binding upon and inure to the benefit of the respective parties hereto, their heirs, executors, administrators, successors and assigns, with the same force and effect, as if specifically mentioned in each instance where a party hereto is named. IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands to duplicate originals, the day and year first above written, after having first noted and approved all erasures, interlineations, insertions, strikeouts and strikeovers. LESSOR Helio L. Perez FOR THE LESSEE: ATTEST: CITY OF CORPUS CHRISTI Bill G. Read, City Secretary R. Marvin Townsend, City Manager CITY OF CORPUS CHRISTI For and in Behalf of the City APPROVED: APPROVED: ASSISTANT CITY ATTORNEY HAROLD ZICK DIRECTOR OF FINANCE Name Title Name (Title) CORPUS CHRISTI TEXAS 1Z±ADAY OF 19Z TO THE MDZERS OF THE CITY COUNCIL Corpus CHRISTI TEXAS 'OR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORCINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THZ 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, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE F LOWING VOTE: JASON LUBY �. DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE