HomeMy WebLinkAbout13230 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.
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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
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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