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Home My WebLink About13230 ORD - 06/16/1976JXH:hb:6 /15/76:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MRS. ERNEST BOBYS FOR LEASE OF THE STAR BUILDING AT 422 LOWER NORTH BROADWAY, IN THE CITY OF CORPUS - CHRISTI, NUECES COUNTY, TEXAS, FOR `A 21 -MONTH PERIOD BEGINNING JUNE 1, 1976 AND ENDING MARCH 31, 1978, AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; 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 and directed to enter into a lease agreement with Mrs. Ernest Bobys for lease of the Star Building for a 21 -month period beginning June 1, 1976 and ending March 31, 1978, as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to immediately enter into the aforementioned contract 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 ter its passage, IT IS ACCORDINGLY SO ORDAINED, this the 1day of 1976. AT ST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF , 1976: J. BRUCE AYCOCK, CI ATTORNEY V ' By. Assistant Citf Attorney JL3230 JON j e,9 THE STATE OF TEXAS # COUNTY OF NUECES THIS LEASE AGREEMENT, made and entered into effective the 1st day of June, 1976, by and between MRS. ERNEST E. BOBYS, a widow, hereinafter referred to as LESSOR, and CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as LESSEE, WITNE SSE TH: 1. That in consideration of the covenants and conditions herein- after contained to be kept and performed, Lessor does hereby lease unto Lessee, and Lessee does hereby lease from Lessor, the following described location (hereinafter called "leased premises "), to -wit: Lot Eight (8), less the northeast 25' x 26', Block Eighteen (18), BEACH PORTION of the City of Corpus Christi, Nueces County, Texas, together with the improvements thereon situated, commonly known as the Star Building at 422 Lower North Broadway, Corpus Christi, Texas. 2. TO HAVE AND TO HOLD the same for a term of twenty -one (21) months, beginning on the 1st day of June, 1976 and ending on the 31st day of March, 1978. This lease may be terminated at the option of the Lessee at any time after 1 July, 1977, by first giving Lessor thirty (30) days written notice after such date of Lessee's decision to terminate. 3. As rent for the leased premises, Lessee shall pay to Lessor, monthly in advance, the sum of Five Hundred ($500.00) Dollars per month during the first twelve months of this lease and Five Hundred Fifty ($550.00) Dollars per month thereafter, with all rentals to be made to Lessor at 207 Indiana, Corpus Christi, Texas 78404. 4. Lessor agrees to pay all taxes levied and assessed against the leased premises and shall reasonably maintain the roof, exterior walls, and foundation. 5. The building on the leased premises contains air conditioning equipment, plumbing and electrical installation, and Lessor agrees to put such air conditioning, plumbing and electrical installation in serviceable condition at the commencing of the term of the lease, and thereafter Lessee agrees to perform all daily maintenance of such installations, protect the "I same, and keep the same in good repair, reasonable.use and wear thereof excepted. 6. Lessor shall provide for herself, at her expense, any insur- ance covering the properties which she desires, and Lessor and Lessee agree, each for themselves, that neither shall be liable to the other for damages caused by fire or explosion to the extent that such damage is com- pensated by insurance and such causes of action as may hereafter accrue to either of them against the other are hereby waived to the extent either party may actually be compensated for such damage by her or its insurance. 7. Lessee shall arrange for and pay for all utilities used upon the leased premises. 8. Lessee shall maintain the interior of such leased premises, including light fixtures, interior walls, windows and other facilities situated within the premises in reasonably good condition, reasonable use, wear and tear excepted. 9. Lessee, after first having the written approval of Lessor, shall be permitted to make such alterations and additions as may be necessary to make the premises adaptable for its purposes and at the termination of this lease all such alterations and improvements shall become the property of Lessor; except that any alteration to the leased premises made without the written approval of Lessor shall be restored by the Lessee at the termination of this lease. PROVIDED, however, prior to any restoration Lessee shall contact Lessor and if Lessor elects to accept the leased premises in their altered condition, Lessor shall furnish Lessee with written notification of . such acceptance. 10. In addition to the rents above provided for, Lessee shall pay to Lessor any increase in dollars amount of ad valorem taxes levied or assessed against the property after the year 1975 and during the term of this lease, with any fractional portion' of a year being prorated on a monthly basis. 11. Lessor agrees to hold Lessee harmless from any and all asserted real estate commissions in connection with this lease and Lessee shall have no liability in connection therewith. -2- 12. This lease shall be binding upon the heirs, successors, and assigns of the parties hereto. I\ TESTIMONY WHEREOF, the parties to this agreement have hereto set their hands, in duplicate, effective heist day of June, 19 -76. J. Mrs. Ernest E. Bobys WLIIleSS: f LESSOR CITY OF CORPUS CHRISTI Attest: By City Manager City Secretary LESSEE APPROVED: This the day of June„ 1976 City Attorney Director of Finance -3- CORPUS CHRISTI, TEXAS �D Al OF 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 DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY qf DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 1. b