HomeMy WebLinkAbout14348 ORD - 06/07/1978AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH MRS. RUTH SPARKS FOR THE RENTAL OF LAND AND
BUILDING FOR ONE YEAR, BEGINNING JUNE 1, 1978 AND
ENDING MAY 31, 1979, AS MORE FULLY SET FORTH IN THE
CONTRACT, 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
to enter into a contract with Mrs. Ruth Sparks for the rental of land and
buildings for a one -year period beginning June 1, 1978 and ending May 31,
1979, 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 afore-
mentioned contract creates a public emergency and an imperative public
necessity requiring the suspension of the Charter rule and that no ordi-
nance 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 neces-
sity 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___j _day of Jy4ne, 1978.
ATTEST:
Secretary'
APP VED:
to DAY OF JUNE, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant C't ttorney
THE CITY OF CPIRPU CHRISTI, TEXAS
C 0 � ?M.
JUL 0 81980
14348
i
THE STATE OF TEXAS
COUNTY OF NUECES )
This agreement of lease by and between Ruth Sparks, a widow, of
Corpus Christi, Texas, known herein as Lessor, and the City of Corpus Christi,
Texas, a municipal corporation, known herein as Lessee,
W I T N E S S E T H :
That the said Lessor does by these presents lease and demise unto
the said Lessee the following described property lying and being situated in
the City of Corpus Christi, Nueces County, Texas, to -wit:
A. Fractional Lots Eleven (11) and Twelve (12), Block
Eighteen (18), Beach Portion of the City of Corpus
Christi, Texas; together with all improvements
thereon; and
B. Fractional Lot No. Seven (7), Block Seventeen
(17), Beach Portion of the City of Corpus Christi,
Texas, being a triangular plot of ground located
on the corner of Lawrence Street and Lower Broadway
and being the portion of said Lot No. 7 north of the
sign erected on said property;
for the term of one year beginning the 1st day of June, 1978, and ending
on the 31st day of May, 1979, paying therefor the sum of Fourteen Thousand
Four Hundred and No /100 ($14,400) Dollars by advance monthly payments, to -wit:
One Thousand Two Hundred and No /100 ($1,200) Dollars on the lst day of April,
1978, and a like amount on the first day of each succeeding month thereafter
during the full term of this lease upon the following conditions and covenants,
to -wit:
1. That the Lessee shall pay the rent to Lessor at 205 Rosebud
Street, Corpus Christi, Texas, monthly in advance, as aforesaid, as the same
shall fall due, for the full term hereof unless terminated under paragraph 8.
2. Further, Lessee covenants with the Lessor, her heirs and assigns,
to pay in full, before they become delinquent, all taxes and assessments
whatsoever, which may be levied, assessed, charged and imposed upon said
demised premises, or any part thereof, beginning with the year 1978 and
including any year thereafter during the term hereof, excepting taxes shall be
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prorated for the year 1979 and for any subsequent year in which this lease
shall be terminated.
3. That the Lessee shall, at its own cost and expense, make all
necessary alterations and repairs to the interior of the buildings, known as
520 Lawrence Street, and 520 Lawrence Annex, and in this connection, alterations
or changes of the interior shall be approved by Lessor in writing and any
materials or partitions removed shall.be relinquished to Lessor unless reused
on the premises by Lessee. Lessor shall at her own cost and expense Keep
in good repair and serviceable condition the air conditioning and heating
equipment, plumbing system and electrical system appurtenant to such buildings.
Lessor also covenants and agrees that she will at all times during the term
of this lease maintain and keep the outside of such buildings known as 520
Lawrence and 520 Lawrence Annex and the roofs thereon in good and substantial
repair, order, and condition.
4. That the Lessee shall pay all utility bills, including gas,
lights, and water, incurred in the furnishing of utilities to the demised
premises promptly as the same shall become due and payable.
5. That the Lessee shall, at the end or other termination of this
lease, deliver up the demised premises in good order and condition, natural
deterioration and damage by fire and the elements excepted.
6. That the Lessee shall, in case of damage by fire or other
hazards included under "extended coverage" insuance, give immediate notice
to the Lessor, who shall thereupon cause the damage to be repaired forthwith;
but if the premises be by the Lessors deemed so. damaged as to be unfit for
occupancy or if the Lessor shall decide to rebuild or remodel the said
building, then, at Lessor's option, Lessor may declare this lease at an end
and the rent be paid to the time of the damage. Should Lessor decide to
repair the premises for use of Lessee, in the event of total or partial des-
truction by fire or other calamity, then, in such event, the rent hereinabove
reserved or a just and proportionate part thereof according to the nature and
extent of the injury sustained, shall be suspended or abated until said
premises shall, by Lessor, be put back, insofar as possible, in the same
condition as the same existed prior to the destruction.
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7. Lessee is hereby given the option of cancelling this lease upon
giving six months' notice of such intent to Lessor. Lessee is further granted
an option to renew said lease under the same terms and for the same considera-
tion as provided herein, the exercise of which is to be consummated and notice
given to Lessor not less than 30•days prior to the annual expiration date of
said lease.
8. Lessee shall maintain, at its expense, a policy of public
liability insurance with respect to the leased premises naming Lessor and
Lessee as the insured and such policy shall provide minimum limits of Fifty
Thousand and No /100 ($50,000) Dollars for injury or death of any one person,
Two Hundred Fifty Thousand and No /100 ($250,000) Dollars for injury or death
of more than one person and Ten Thousand and No /100 ($10,000) Dollars property
damage.
9. It is further understood and agreed that should Lessor, at any
time during the term of this lease while Lessee is not in default hereunder,•
receive a bona fide offer made"by a third party for the purchase of the above
described premises which is acceptable to Lessor, then, in such event, Lessee
is hereby given the first right to purchase at the sum offered by such third
party. In,the event Lessee purchases such premises prior to May . 31, 1979,
the purchase price shall be reduced by the sum of One•Thousand Two Hundred
and No /100 ($1,200) Dollars for each month in which such rentals shall have
been paid by Lessee.
10. That in case of default in any of the covenants herein, Lessor
may enforce the performance of this lease in any mode provided by law, and
this lease may be forfeited at Lessor's discretion if such default continues
for a period of thirty (30) days after Lessor notifies said Lessee of such
default and Lessor's intention to declare the lease forfeited, and thereupon
(unless the Lessee shall have completely removed or cured such default) this
lease shall cease and come to an end as if that were the day originally fixed
herein for the expiration of the term hereof; and Lessor's agent or attorney
shall have the right, without further notice or demand, to reenter and remove
all persons and Lessee's property therefrom without being deemed guilty of
any manner of trespass and without prejudice to any remedies for arrears of
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rent or breach of covenant; or Lessor's agent or attorney may resume possession
of the premises and relet the same for the remainder of the term at the best
rent said agent or attorney may obtain, for account of the Lessee who shall
make good any deficiency.
11. All notices to be given under the provisions of this lease
shall be mailed to Lessee addressed to the demised premises and to Lessor
addressed to 205 Rosebud Street, Corpus Christi, Texas 78404.
12. All alterations and additions affixed to such building by
Lessee shall become property of Lessor at the end or earlier termination
of this lease.
13. The Lessee and the Lessor each agree that neither shall be
liable to the other for damages caused by fire or explosion to the extent
that such damage is compensated for 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 his or its insurance company. It is further agreed by the parties
hereto that in the event this provision, if in effect, shall reduce or pre-
vent the recovery by either party on their own insurance policy for fire
or explosion damages, that in such an event this provision shall be treated
as void and of no force or effect.
IN TESTIMONY WHEREOF, the parties to this agreement have hereunto
set their hands, in duplicate, this the day of June, 1478.
ATTEST:
City Secretary
APPROVED:
DAY OF JUNE, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
Ruth Sparks LESSOR
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend
City Manager LESSEE
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
Ruth Sparks, a widow, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that she executed the same for
the purposes and consideration and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
June,1978.
Notary Public, Nueces County, Texas
THE STATE OF TEXAS II
COUNTY OF NUECES Q
BEFORE ME, the undersigned authority, on this day personally appeared
R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated and as the act and deed of
said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
June,1978.
Notary Public, Nueces County, Texas
Corpus Christi, To s
_day of , 19
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MAYOR
THE CI Y OF Rp CHRISTI, TEXAS
The Charter Rule was suspended
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
,e:
The above ordinance was passed by the following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
14348