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HomeMy WebLinkAbout14326 ORD - 05/24/1978�' ;4:".� >��JKHrthb:S /g/78 _ ::: ;: :q e . y - �,r;�;��t� =: ' :�:.x •. •'. ,' +.:'S ...,.Wte'tia S?i..�.. Ir'nR'{„,.- _ .. .. - i•i'•+ + _ - .0".y.,- -S ;(,� 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS AUTHORIZED REPRESENTATIVE TO EXECUTE LEASE AGREEMENTS WITH THE TENANTS OF VARIOUS RESIDENTIAL BUILDINGS LOCATED ON PROPERTY ACQUIRED BY THE CITY, SAID LEASES TO BE ON A MONTH -TO -MONTH BASIS, ALL AS MORE FULLY SET FORTH IN THE FORM OF LEASE AGREEMENT AND SECURITY DEPOSIT AGREEMENT, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B'; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his authorized representative be and he is hereby authorized to execute Lease Agreements with the tenants of various residential buildings located on property acquired by the City, said leases to be on a month -to -month basis, all as more fully set forth in the form of lease agreement and security deposit agreement, substantial copies of Which are attached hereto and made a part hereof, marked Exhibit "A" and Exhibit "B" respectively. &MOO MAD JUL 0 81980 1.4320" E75 1T "A" — - RESIDENTIAL LEASE AGREEMENT This contract is made and entered into this the day of 19 between the City of Corpus Christi, Texas, a home rule city and municipal corporation under the laws of the State of Texas, hereinafter referred to as "Landlord ", and hereinafter referred to as "Tenant ". Where required by the context, "Landlord" also refers to the Landlord's authorized agent or representative, including the Property Land Acquisition Agent of the City of Corpus Christi, Texas. 1. DEMISED PREMISES, TERM AND RENT. The Landlord hereby leases to the Tenant on street in .the City of Corpus Christi, Texas, on a month -to -month basis, commencing the day of 19 , at a monthly rent of $ payable in advance on the first day of each month, upon the following terms, conditions, and covenants: 2. PAYMENT OF RENT. t The Tenant shall pay each month's rent as it becomes due. Rent is due on the 1st day of each month in advance, and check or money order for the full amounts will be delivered or mailed to Collection Section at the Weber Building, 321 Mesquite, P. 0. Box 9277, Carpus Christi, Texas 78408, so as to reach Landlord on or before the due date. IF RENT HAS NOT REACHED LANDLORD AT THE ABOVE ADDRESS BEFORE 5:00 P.M. OF THE 5TH DAY PAST DUE DATE, LANDLORD MAY TAKE IMMEDIATE POSSESSION OF THE PREMISES AS DESCRIBED IN PARA- GRAPH 15 BELOW. 3. UTILITIES. The Tenant shall pay all utilities and service bills and fees connected therewith, including but not limited to water, electricity, gas, or other power, garbage disposal and pickup, and telephone. In the case of malfunction of equipment or utilities, or damage by fire, water, or Act of God, Tenant shall notify the Landlord immediately and Landlord shall make repairs with reasonable promptness; and refit shall not abate during such periods, except in accordance with Paragraph 24 of this Lease Agreement. 4. REPAIRS. The Tenant shall keep the premises in such repair as the same may be at the commencement of the term or as the same may be improved by Landlord during the continuance thereof, reasonable wear and tear excepted. Tenant accepts the premises as is. Without limitation, Tenant is liable for damage to the premises caused by leaving door or windows open to the elements and for negligent overflow of water from faucets or pipes, or any other damages caused by Tenant, other.occupants, or guests. If proper repairs are not timely made by Tenant, the Landlord may terminate the lease or make the necessary repairs at Tenant's expense. Such reimbursement shall be due when the Landlord makes demand. 5. ALTERATIONS. Tenant shall not make alterations, additions, or improvements (e.g. drilling holes into walls, woodwork,-or-floors, antenna installations, wall phones, or change of locks) to the demised premises or the building thereon, without the prior written consent of Landlord, and unless otherwise agreed upon in writing, all alterations, improvements and additions made by Tenant upon the premises, although at his own cost and expense, shall, at the option of the Landlord, remain upon the premises at the expiration of this lease and become the property of the Landlord without other action or process of law. 6. SUBLETTING. Subletting, assignment or securing a replacement will be allowed only upon written consent of the Landlord. 7. SECURITY DEPOSIT. Tenant has deposited with the Landlord the sum of $ as security for deficiencies in rent payment and for damages, cumulative of all other remedies of Landlord therefor. Landlord may withdraw from this deposit from time to time for payment of past due rent and for costs, as determined by Landlord, for repairs not effected by Tenant as well as for cleaning upon vacation of premises by Tenant, reasonable wear and tear excepted. Any unexpended and unencumbered balance will be refundable to Tenant within 30 days after Tenant surrenders the premises to Landlord. If, as a result of withdrawals by the Landlord for the above described purposes, the security deposit balance falls below 50% of the amount originally -2- deposited by the Tenant with the Landlord under the Security Deposit Agree- ment, Tenant shall, within 5 days after written demand is sent by Landlord, execute an additional Security Deposit Agreement for and deposit with the Landlord an amount sufficient to bring the unexpended security deposit balance back up to the amount originally deposited by the Tenant under the original Security Deposit Agreement. Failure : to so replenish the unexpended security deposit balance shall constitute a default. IN THE EVENT TENANT VACATES THE PREMISES WITHOUT GIVING THE LANDLORD THIRTY 30 DAYS WRITTEN NOTICE AS SET FORTH IN PARAGRAPH 14 HEREIN, THE ENTIRE SECURITY DEPOSIT, OR ALL REMAINING PORTION THEREOF, SHALL BECOME THE PROPERTY OF LANDLORD AS PARTIAL PAYMENT FOR THE DAMAGES OF SUCH VACATION. 8. PETS. No pets shall be maintained on the premises without Landlord's written consent. 9. USE AND OCCUPANTS OF PREMISES. Tenant shall use the premises exclusively as a private residence. The only occupants of the dwelling other than overnight guests shall be the following: 10. LANDLORD'S RIGHT OF ENTRY. The Landlord may enter the property at any reasonable time to inspect, repair or show the premises. 11. TENANT MAINTAINS GROUNDS. - Tenant agrees to maintain the yard and grounds neatly and in com- pliance with City ordinances. Failure to fulfill the obligation will give the Landlord the option to terminate the lease or to have the yard and grounds maintained at Tenant's expense. Reimbursement shall be due when Landlord makes demand. 12. NUISANCES, ETC. Neither Tenant nor any occupant shall disturb neighbors, keep dangerous, flammable or explosive materials upon the premises, do any act or permit any nuisance to exist, breach any laws or ordinances or do or permit -3- an act or condition likely to damage the reputation of the Landlord. IN CASE ANY VIOLATION OF THIS PARAGRAPH, LANDLORD MAY TERMINATE THIS LEASE AGREEMENT UPON TWENTY -FOUR 24 HOURS NOTICE AND TENANT HEREBY WAIVES ALL OTHER RIGHTS AND NOTICES HEREUNDER FOR THE BALANCE OF THE TERM OF THE LEASE, AND IF THIS LEASE IS SO TERMINATED, TENANT SHALL IMMEDIATELY THEREAFTER SURRENDER POSSESSION OF THE PREMISES. 13. LIMITATIONS ON LANDLORD'S LIABILITY. The Landlord shall not be liable for any injuries, damages, or losses to any person or to any property at any time on said premises or buildings from any cause whatever which may arise from the use or the condi- tions of said premises or building, or from theft, vandalism, ice, wind, water, hail, lightning, rain, snow, smoke, explosions, sonic booms, failure, interruption, or malfunction of utilities, appliances, or gas which may leak into, issue or flow from any part of said building, or from the pipes or the plumbing of the same or from any other place reported, from any other cause whatsoever, during said term or any renewal thereof. Landlord strongly recommends that Tenant secure his own insurance to protect himself against all of the above occurrences. 14. NOTICE OF TERMINATION. The Landlord shall have the right to terminate this agreement with- out cause at any time by giving Tenant thirty (30) days written notice and returning to Tenant any prepaid but unused rent. The Tenant shall have the right to terminate this agreement by giving written notice to Landlord at least thirty (30) days before the end of the monthly rental period. 15. DEFAULTS BY TENANT. A. Default, Notice, Abandonment. If Tenant fails to promptly pay the rental or any other sums when due, or if Tenant fails to reimburse Landlord for damages, repairs, or Plumbing service costs when due, or breaches any of Tenant's other agreements - hereunder, is declared incompetent, becomes bankrupt,-makes a voluntary assignment for the benefit of creditors, or has a receiver appointed for him, or if any other occupants or guests upon the demised premises materially and /or repeatedly violate this lease agreement or any applicable Federal, Qz State, or local laws, or if Tenant abandons the premises, then in any such event of default, Landlord shall have the option and right to terminate this tenancy by giving Tenant at least three days notice in writing. (However, no prior written notice shall be required for filing eviction-or damage suits for nonpayment of rent). Notice may be by mail or personal delivery, to the demised premises. Tenant agrees to vacate the demised premises forthwith and relinquish all claim to possession, paying the required rent and leaving the premises in good order, as hereinabove provided. TENANT'S ABSENCE FROM THE DEMISED PREMISES FOR FIVE 5 CONSECUTIVE DAYS WHILE ALL OR ANY PORTION OF THE RENT IS DELIN UENT SHALL BE DEEMED AN ABANDONMENT OF THE PREMISES. B. Landlord's Additional Remedies. In addition to any remedy to which the Landlord may be entitled hereunder or by law, and without prejudice thereto, the Landlord, upon any such event of default, shall have the right to do any of the following, without the necessity of notice or demand, which is hereby waived by Tenant, and without the necessity of any action, in forcible entry and /or detainer, writ, bond, distress warrant, or other judicial process, all of which are also waived by Tenant. If Tenant fails to vacate and relinquish all claim to possession of the demised premises on or before the expiration or termination date, Tenant's security deposit will be forfeited and Landlord shall be entitled to the reasonable rental value of the premises for the holdover period, plus any damages, plus attorneys' fees. C. Contractual Lien, Abandoned Property. THE PROPERTY ON THE PREMISES BELONGING TO TENANT IS HEREBY SUBJECTED TO A CONTRACTUAL LANDLORD'S LIEN IN ADDITION TO ANY STATUTORY LIEN RIGHTS IN ORDER TO SECURE ANY P14OUNTS WHICH TENANT OWES UNDER THIS LEASE AGREEMENT, INCLUDING THE REASONABLE RENTAL VALUE IF TENANT WILLFULLY HOLDS OVER l!ITHOUT LANDLORD'S CONSENT. In order to clear premises abandoned as described in this lease agreement, Landlord may enter the premises and remove and store all property of every kind found thereon. Landlord may also impose reasonable charges for storing such abandoned or seized property, and may sell same at Public sale (subject to any valid security interest) after thirty .(30) days -5- written notice of time and `place of sale is mailed to Tenant at his last known address. Tenant hereby agrees that any such reentry or taking of possession of Tenant's property after a default by Tenant shall not constitute any trespass, act of conversion, or other tort on Landlord's part or in any- . wise render Landlord liable to Tenant. D._ Court Costs, Attorneys' Fees. If Landlord prevails in any suit for eviction, possession, collec- tion of rentals, or for unpaid charges or damages, Tenant shall be liable for court costs and reasonable attorneys' fees. E. Interest. All amounts due under the lease agreement shall bear ten per cent (10 %) interest per annum from due date. 16. NO POLITICAL DISPLAYS. Tenant agrees not to display any political or-other signs on the premises or vehicles owned by Tenant or other persons which may be parked upon the premises. 17.-- MAINTENANCE OF SIDEWALK AND BIKE PATH. If applicable, Tenant agrees to maintain bicycle-path and sidewalk on front yard open and unobstructed at all times. Violation of this provision is deemed sufficient reason for termination of this lease. 18. MOVEOUT PROCEDURES. Thirty (30) days written notice to Landlord is required. Tenant should arrange with Landlord for prompt inspection, using the MOVEIN(OUT) INVENTORY AND CONDITION FORM. Tenant's security deposit will be returned in accordance with the conditions in the attached SECURITY DEPOSIT AGREEMENT. 19. NOTICES. Any notices required under this lease may be given, in writing, to the Landlord by delivering or mailing the notice to the City of Corpus Christi Property Manager's office located at 1801 N. Chaparral, Corpus Christi, Texas 78401, and to the Tenant, by leaving it in the mailbox or postirig it upon the front door of said dwelling house, or by mailing it to the.mailing.address of said premises which is Corpus Christi, Texas, or by mailing-it to the Tenant's place of business or employment. -6- 20. EFFECT OF LEASE AGREEMENT. This lease agreement and all of its covenants and provisions shall be binding upon both Landlord and Tenant and their respective heirs, succes- sors, representatives and assigns. 21. GENERAL. No oral agreements have been entered into; and this agreement shall not be modified unless in writing. All of the Tenant's statements in the rental application were relied upon by Landlord in executing this lease agreement, and any misinformation therein shall be considered cause for termi- nation by Landlord of Tenant's right of occupancy. In the event of more than one Tenant, each Tenant is jointly and severally liable, for each provision of this lease agreement. Each of the undersigned states that his age is over eighteen (18) years. All obligations are to be performed' in Nueces County, Texas. If commencement of occupancy of-the premises is delayed because of construction or prior tenant's holding over, Landlord shall not be liable to Tenant in any respect for such delay, and the lease shall remain in force subject to the following conditions: (1) rentals shall be abated on a daily basis during delay, and (2) Tenant may terminate by giving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of deposit(s). Such conditions shall not apply to cleaning and repair delays. 22. PEACEFUL POSSESSION AND ENJOYMENT BY TENANT. The Landlord agrees that the Tenant shall peaceably hold and enjoy the premises during the said term without any interruption by the Landlord or any person rightfully claiming under him, except as expressly provided by this agreement. - 23. DEFAULT BY LANDLORD. The Landlord agrees to (a) properly maintain hot water, heating, plumbing fixtures, and /or air conditioning equipment, if any, and (b) make all reasonable repairs, subject to Tenant's obligation to pay for damages caused by Tenant, other occupants, or guests. 24.• FIRE OR OTHER CASUALTY. .In case the buildings on the premises or any part thereof shall be damaged by fire or any other unavoidable casualty so that the same shall be -7- thereby rendered partially or fully unfit for use and occupation, then the rent thereby reserved, or a just and proportional part thereof, shall be abated until the premises shall have been duly repaired and restored by the Landlord, said proration of rent to be determined by the Landlord on a total square footage of the remaining habitable space in case of partial unfitness or use, or, in case the premises shall be substantially destroyed, then at the election of the Landlord, this agreement may be terminated. 25. WAIVER AND ATTORNEYS' FEES. Acceptance of full or partial payment by Landlord after termination or forfeiture or notice thereof, will not constitute waiver of the termination or forfeiture unless Landlord agrees to such waiver in writing, nor will such payment affect any legal proceedings taken or to be taken by Landlord except to reduce Tenant's obligation to Landlord by the amount of such payment. Waiver by Landlord of any defaults or breaches by Tenant shall not bar Land- lord's rights or remedies in case of continuing or subsequent default or violation by Tenant. If Landlord files suit against Tenant for collection of rentals or to enforce or defend any of the provisions of this lease agreement, Tenant agrees to pay, in addition to his other obligations hereunder, all reasonable expenses incurred by Landlord in connection therewith, including but not limited to court costs and reasonable attorneys' fees, which shall be secured in like manner as are rentals under this lease agreement. Any suit for the enforcement hereof shall be brought in the courts of Nueces County, Texas, which shall have exclusive venue. 26. EXECUTION OF LEASE AGREEMENT. This lease agreement is executed in duplicate. Attached to each is a SECURITY DEPOSIT AGREEMENT executed simultaneously herewith. A copy of Landlord's rules and regulations, if any, will be furnished when Tenant moves in, or earlier if desired. When the MOVEIN(OUT) INVENTORY AND CONDITION form is completed after Tenant moves in, both Tenant and Landlord shall retain a copy thereof. 27. INVALID PROVISIONS. If any clause or provision of this lease agreement is illegal, invalid, or unenforceable under present or future law effective during the term of this lease, then and in that event, the remainder of this lease -8- agreement shall not be affected thereby, and in lieu of each such clause or provision, shall be added automatically as a part of this lease, a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. 28. SPECIAL PROVISIONS: Executed this the day of 1g - READ THIS INSTRUMENT BEFORE SIGNING ATTEST: CITY OF CORPUS CHRISTI, TEXAS (LANDLORD) BY City Secretary City Manager APPROVED: DAY OF . lg J. BRUCE AYCOCK, CITY ATTORNEY By . Assistant City Attorney Tenant Tenant Tenant 10IHIBIP "B" SECURITY DEPOSIT AGREEMENT Date Landlord hereby acknowledges receipt from Tenant of the sum of $ Said sum is in full or part payment of the total security deposit required pursuant to the attached Lease Agreement. The purpose of said security deposit is to secure the performance of Tenant's obligations under the attached Lease Agreement, and Landlord is hereby given express permission to co- mingle such security deposit with any other property of Landlord. Such security deposit shall be returned to Tenant only after each and all of the following conditions have been fully complied with by Tenant. 1. The full term of the attached Lease Agreement must have expired or been terminated without default by Tenant and Tenant must not have held over. "Holding over ", as used in the attached Lease Agreement and in this Security Deposit Agreement, is defined as retaining possession of the demised premises after the termination of the Lease Agreement. 2. THIRTY (30) DAYS' WRITTEN NOTICE MUST HAVE BEEN GIVEN TO LANDLORD BY LESSEE PRIOR TO DATE OF TERMINATION OR EXPIRATION. 3. The term "Thirty (30) Days Written Notice ", as used herein and in the attached Lease Agreement shall mean one (1) full calendar month in addition to any unexpired portion of a calendar month during which said written notice is received by Tenant or by Landlord. 4. Tenant must have fully paid all charges, damages, and rentals due from Tenant under the terms of the attached Lease Agreement. 5. Tenant's forwarding address or addresses must have been left with Landlord. 6. The dwelling, including designated kitchen appliances, has been cleaned thoroughly. (Note: When Tenant moves out, Tenant is urged to inspect the demised premises with Landlord's representative during normal business hours, using the MOVEIN(OUT) INVENTORY AND CONDITION farm). 7. After inspection by Landlord's representative, appropriate charges will be deducted for any unpaid damages or repairs to the demised premises or its contents (beyond reasonable wear and tear); insufficient light bulbs; stickers, scratches, burns, or holes, etc. on the walls, doors, floors, draperies, carpets and /or furniture, etc. A charge of $3.00 per unreturned door or mailbox key will be made. If Tenant fails to clean before moveout; reasonable charges to complete such cleaning shall be deducted. It is hereby agreed and understood that a fixed fee may be retained for special cleaning that must be done commercially or by Landlord's employees such as carpet cleaning, drapery cleaning, appliance cleaning, or floor waxing, etc. Said fixed fee is now agreed to be $ (Omit if inapplicable). After the above conditions have been complied with by Tenant, the balance of the security deposit will be mailed to Tenant's forwarding address, along with an itemized accounting of any charges or damages no later than thirty (30) days after moveout. - TENANT UNDERSTANDS AND HEREBY AGREES THAT TENANT SHALL NOT WITHHOLD PAYMENT OF THE LAST MONTH'S RENT, OR ANY PORTION THEREOF, ON GROUNDS THAT THE SECURITY DEPOSIT SERVES AS SECURITY FOR THE UNPAID RENTALS. THE FULL MONTHLY RENT WILL BE PAID ON OR BEFORE THE DUE DAY OF EACH MONTH, INCLUDING THE LAST MONTH OF OCCUPANCY. If Tenant fails to move in after signing the attached Lease Agreement, Landlord may sue for damages incurred (including attorneys fees) and Tenant's security deposit will be forfeited in full. ATTEST: CITY OF CORPUS CHRISTI, TEXAS (LANDLORD) By City Secretary City Manager APPROVED: DAY OF 19 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Tenant Tenant Tenant MOVEIN(OUT) INVENTORY AND CONDITION Date Initials of Tenant Initials of Property Manager 1. WALLS. To be examined for stains, holes, nails and excessive dirt. Condition at beginning of lease: Condition at end of lease: 2. DRAPERIES. Will be opened and closed and checked for stains, tears and dirt. Condition at beginning of lease: Condition at end of lease: 3. APPLIANCES. Oven, range, refrigerator, dishwasher, disposal will all be examined for damage, dirt, chips, and to ascertain that all trays, glass, racks, and parts are intact. OVEN Beginning: End: RANGE Beginning: End: REFRIGERATOR Beginning: End: DISHWASHER Beginning: End: DISPOSAL Beginning: End: 4. COUNTERS - Will be checked for burns, cuts and other damage. Condition at beginning of lease: - Condition at end of lease: 5. PLUMBING FIXTURES - Will be checked for cleanliness, chips or cracks., KITCHEN Beginning: End: BATH Beginning: End: _BATH Beginning: End: 6. CARPETING. To be examined thoroughly for burns, stains, soil in open areas and under furniture. Condition at beginning of lease: Condition at end of lease: 7. FURNITURE. All furniture, lamps, pictures, etc., will be inventoried to ascertain any missing items and inspected for burns, tears, breakage, marred finishes and excessive dirt. 8.• CHECKLIST for general cleanliness. A. KITCHEN: Stove, oven, burners, filter over stove (run through dishwasher) Refrigerator: defrost, wipe out inside and outside Sink Drainboards Cabinets - Wipe out inside and outside _ Floors B. LIVING AND DINING ROOMS: Clean windows - at least the inside, outside if at all possible. Polish furniture and doors. Clean light fixtures and light bulbs. Replace burned out bulbs. Vacuum carpet, including baseboards. Clean dining room tile floors. C. BATHROOM: Sink, tub, sliding glass doors, walls, toilet, chrome, cabinets - wipe out inside and outside, floor, mirror, light fixtures and light switches. -D. BEDROOM: Clean windows at least inside, outside if possible. Polish furniture and doors. Clean light fixtures and switches. Vacuum carpet, including baseboards. Replace mattress pad. Clean sliding glass doors inside and outside. That the foregoing ordinance was read for Af second reading on this the /0 day of /'/t following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample first time and passee,d to its r,,, 19 %d by the L ° D- AY OF J. BRUCE AYCOCK, CITY ATTORNEY By si nt City Attor 14326